I tripped over some boxes that had been left lying around at work and hurt my leg badly. What process do successful claims for compensation for PCL injuries usually follow?
In order to successfully claim compensation for PCL injuries you must demonstrate that a third party was at least partially to blame for your accident. As you were in work, this is most likely going to be your employer. Employees are sometimes apprehensive about making a compensation claim against their employer as they fear it may impact their position at work, their future employment prospects and the relationship they have with their employer. However it is important to remember when claiming compensation for PCL injuries that UK law states there should be no repercussions for an employee who rightfully makes a compensation claim against an employer and also the fact that any potential compensation claim will be made against the employer’s insurance company and not the employer.
You are advised to seek immediate medical care in the aftermath of your accident not only to protect your health but also to ensure that it cannot be alleged by the negligent party’s insurance company that you exacerbated your injuries by failing to have them promptly treated.
Once you have visited your doctor or GP, you should speak with a personal injury solicitor. A personal injury solicitor will most likely have dealt with PCL claims before and therefore will be best positioned to advise you on evidence that is worth gathering in order to support your claim.
Generally this will include obtaining contact details of people who saw the accident or employees who can confirm that the boxes were left in a hazardous position. You should also investigate if there is any CCTV footage available of the incident as many companies now have security cameras installed on their premises. Once you have gathered this information, it is recommended that you make an entry of the incident in your employer’s ‘Accident Report Book’ as this may also be used to support your compensation claim, although you are under no obligation to mention who you believe is to blame for your injury.
When sufficient evidence has been collected, your solicitor will initiate proceedings by sending a ‘Letter of Claim’ to the negligent party’s insurance company, they then have 21 days to respond to the letter and a further 90 days to indicate whether they accept responsibility for you accident.
If they do not accept liability, your solicitor will begin court proceedings, however it is rare for compensation for PCL injuries to end up in court as the negligent party’s insurance company often look to settle the claim rather than risk incurring potentially expensive legal costs.