Claim for Neck Injuries at Work
Depending on the nature of your injury, it may not always be possible to make a claim for compensation for a neck injury at work without professional assistance. Neck injuries which are sustained from a fall from height or in a serious workplace accident may be so debilitating that months of recovery and rehabilitation are required before you are feeling up to pursuing a work neck injury claim for compensation – by which time all evidence of what caused your accident may have disappeared.
Even claims for less dramatic neck injuries – for example those sustained due to repetitive strain injuries – can be complicated to resolve without the services of a solicitor and, as no two neck injuries are likely to have the same impact on an individual, it is always recommended that you speak with a solicitor to establish that you are indeed qualified to make a claim for neck injuries at work and, if so, that you receive your full entitlement to work neck injury compensation.
Claims for Neck Injuries at Work and the Duty of Care of Employers
Any claim for injuring the neck at work has to demonstrated that you sustained a neck injury in the workplace which could have been prevented had your employer – or other person with responsibility for your health and safety – fulfilled his or her duty of care to provide you with a safe environment in which to work.
An employer´s “duty of care” covers all his or her responsibilities to prevent a neck injury wherever possible, and would include performing risk assessments to identify foreseeable hazards, providing training and supervision, and supplying personal protective equipment where necessary to eliminate the risk of an employee injuring their neck at work.
Should an employer fail in their duty of care to eliminate any foreseeable hazards, and you subsequently sustain a neck injury as a result, you should be entitled to make a work neck injury claim for compensation. It should be noted, however, that an employer´s duty of care is not “absolute” and, if you break your neck in an accident at work which could not have been foreseen, claims for neck injuries at work are unlikely to be successful.
How Your Employment Status May Affect a Claim for Neck Injuries at Work
It is not often that your employment status will affect your entitlement to claim for neck injuries at work, but there may be occasions when agency workers, employees on short-term contracts or self-employed workers may have to make a claim for injuring the neck at work against somebody other than their direct employer – for example the owner of the premises on which the neck injury was sustained.
Possibly of more concern if you have injured your neck due to your workplace environment is the fact that you do not want to fall out with your employer but, because of financial necessity, you need to make a claim for injuring a neck at work against their employer´s liability insurance policy.
Most employers will be genuinely regretful that you have sustained a neck injury at work due to their negligence and will admit their liability; but there are some circumstances in which an employer will want to protect their insurance policy excess and dispute your work neck injury compensation claim.
Do I Need a Solicitor to Claim Compensation for a Neck injury at Work?
You do not need a solicitor in order to make claims for neck injuries at work unless your employer withholds his or her consent from the Injuries Board and your claim for compensation for a neck injury at work has to be resolved through court action.
However, in addition to acting as a go-between between yourself and your employer, and dealing with any complications that arise while making a claim for neck injuries at work, a solicitor has the experience to ensure you receive your full entitlement to work neck injury compensation – whether your claim for injuring a neck at work is resolved via the Injuries Board, by negotiation with your employer´s liability insurers or through court action.
Most solicitors will offer a free assessment of your work neck injury claim for compensation if you have sustained a neck injury in the workplace for which you were not entirely to blame, and provide you with answers to any questions you may have in regard to your eligibility to claim compensation for a neck injury at work. As it is often in your best interest to have evidence collected in support of your claim for neck injuries at work while it is still fresh, it is recommended that you speak with a solicitor about the circumstances of your neck injury at work without delay.