I have been having trouble walking lately so I went to see my doctor, he told me I have developed a repetitive strain injury due poor manual handling practices. I would like to seek compensation but have been wondering if claims for lateral collateral ligament injuries are generally successful?
Claims for lateral collateral ligament injuries follow the same procedure as the other personal injury compensations claims. Your employer is responsible for the safety of all their employees, this includes providing them with a safe working environment and training in safe work practices such as manual handling. If your employer failed to provide adequate training on correct manual handling practices you may be entitled to claim compensation for your injury.
No two lateral collateral ligament injuries are the same, therefore the circumstances surrounding the accident including the impact and severity of your injuries are factors that will determine the success of your compensation claim. In the UK the majority of personal injury solicitors offer a free consultation service for personal injury claims therefore it is strongly advised that you speak with a solicitor to ascertain whether it is worth your while pursuing a compensation claim for your injury.
You will be asked to gather evidence to support your compensation claim, this usually includes gathering contact details of anyone who worked with you regularly and would be aware of the type of work you do, investigating if any other colleagues suffered similar injuries, photographic evidence of the kind of items you regularly lift including their weight and size and you should also record the injury in your employer’s ‘Accident Report Book’.
Once your solicitor is satisfied that you have gathered substantial evidence, they will send a ‘Letter of Claim’ to the insurance company informing them of your intention to seek compensation for your injury. They then have 21 days to acknowledge receipt of your letter and a further 90 days to indicate whether they accept liability for your injuries.
If they do not accept liability your solicitor will initiate court proceedings upon your approval although you should bear in mind that this does not mean your claim is destined to end up in court, it is rare for claims for lateral collateral ligament injuries against an employer to proceed all the way to court as insurers may request to settle the claim when threatened with court action rather than risk being responsible for potentially expensive legal fees.