Personal Injury Claims FAQ - part 2
Solicitor Chris Middleton answers more frequently asked questions about making a claim for compensation for a personal injury.
I was a passenger in a road accident, can I make a claim?
Yes. If you suffered an injury you can make a claim. Even if you were travelling in a family member or friend’s car, and the accident was their fault, you can still pursue a claim for compensation.
In these circumstances it is important to remember that your compensation will be paid by the insurance company and not by the person responsible for the accident.
If I claim against my employer for an accident at work, can they sack me?
It is illegal for your employer to dismiss you simply for making a personal injury claim against them. If they were to do this you would be able to make a claim for wrongful dismissal under UK employment law.
Employers are obliged to take out Employers Liability Insurance to cover them in the event of an accident in the workplace. If you make a claim for compensation for an injury at work it will usually be your employer’s insurer who will pay your compensation.
If you are concerned about repercussions from your employer, speak to one of our advisors in confidence.
I was injured in a road accident and the other driver was not insured, can I still claim?
Yes. All motor insurers are required to pay into a scheme operated by the Motor Insurers Bureau (MIB). This is effectively a contingency fund which is used to pay out claims arising from accidents caused by uninsured and ‘hit and run’ drivers.
How long have I got to make a claim?
For most types of injury, with a few exceptions, you have to make a claim for compensation within 3 years of the accident occurring.
Can a child claim compensation for an injury?
If a child under 18 has suffered an injury, a claim for compensation can be made on their behalf by a parent or guardian.
If you suffered an injury as a child, and have not yet claimed, you can make a claim up to the age of 21.
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