Work injury compensation: What is the correct procedure and what are you entitled to?

Compensation for a work-related injury can include several components, including pain and suffering, compensation for lost earnings, medical expenses and possible loss of pension. Below you will find an overview of the steps to properly report a work injury, basic information on how to calculate each item of compensation, and an answer to the question of how long it takes to pay a work injury claim.

What is covered by work injury compensation?

Calculating work injury compensation involves several stages and is influenced by the type and severity of the injury. The different components of compensation are calculated based on a score determined by a medical professional. Here is a more detailed description of the main components of compensation:

• Pain: Work injury compensation is financial compensation for the physical and psychological pain you suffered in the accident. For example, a broken limb will have a different score than superficial abrasions. A specific amount is then assessed for each point. This methodology is issued by the Department of Health and is the official process by which compensation for pain is determined.
• Compensation for loss of earnings: If the injury affects your ability to perform your current job, you are entitled to lost wage compensation. This is calculated on your average earnings before the injury and compared to the income you have or could have after the injury.
• Medical costs: in addition to pain and suffering and compensation for loss of earnings, compensation may also include costs that would not have been incurred if the accident had not happened. This may include the cost of medication, rehabilitation exercises, or even the cost of transportation to a medical facility.
• Compensation for impairment of social life: If the accident causes permanent consequences that affect your normal life (for example, hobbies, family life, sports, etc.), you are also entitled to compensation for impaired quality of life.

How to report an accident at work correctly?

The first step you need to take to make a successful work injury claim is to report your work injury. Remember, it is very important that you report your injury to your employer as soon as possible, ideally immediately after it occurs. If, because of the severity of the injury, you cannot report the injury immediately, it is a good idea to do so at least by telephone or through a colleague.

After reporting an injury, your employer has the following obligations:

• Record the injury in the accident book.
• In the event of a more serious injury, report the incident to the relevant government authorities (e.g. the labour inspectorate or health insurance company).
• Issue a report of the work injury, which will include details of the injury and the claim for compensation.

If your employer refuses to report the accident properly, you can prove the injury with a certificate from the doctor who gave you the first treatment and claim pain and other compensation on the basis of these.

How long does it take to pay a work injury claim?

One of the most common questions is how long it takes to pay a work injury claim. Ideally, an employee can receive compensation within a few weeks if all the documents and medical reports are prepared on time and correctly. However, the process can be longer in some cases, especially in the following situations:

• When additional medical tests are required to clarify the information needed to determine the exact amount of pain benefits.
• When the employer or insurance company requires additional documentation or reports.
• If there is a disagreement between the employee and the employer or insurer about the amount of compensation. Such situations sometimes even require a legal solution. So don’t be afraid to contact us, whether you are an employee after an injury or an employer dealing with an injury to one of your employees.

Generally, however, if all the paperwork is in place and both parties are in agreement, the amount can be paid within two months of the conclusion of the case.

As with almost everything, each case is always assessed on its own merits, so the amount of compensation depends on the specific circumstances of the accident, the severity of the injury and the long-term consequences.

What rights does an employee have in compensation negotiations?

The first thing you should know is that as an employee you have the right to disagree with the initial compensation offer if you feel the amount is not commensurate with the severity of your injury. As an employee, you also have the right to access all documents relating to your injury and compensation.

If there is disagreement about the amount of compensation, we recommend that you contact an impartial expert who can assess whether the amount proposed is actually appropriate for the damage and pain you have suffered. If you decide to pursue the situation through the courts, you may wish to instruct a solicitor. If you use one of our colleagues, they will represent you in dealing with the insurance company and your employer.

What claims does the employee have for long-term consequences?

If an accident at work causes permanent consequences, the employee is entitled to long-term compensation. In the case of serious injuries that lead to permanent disability or a significant limitation of work opportunities, the employee may also claim compensation for loss of earning capacity or compensation for loss of pension.

Again, the amount depends on the degree of loss of earning capacity and whether the employee can perform other, less demanding work. In many cases, it is also advisable to carry out a further medical assessment, which will take into account not only the physical effects of the injury but also the psychological effects that a permanent condition following an injury may have on the employee.

Summary

The work injury compensation process requires careful planning and proper documentation when reporting and then processing compensation. It is the reporting of the work injury that is the first necessary step, followed by the calculation of the work injury compensation points. This includes pain and suffering and other compensation.

At our office, we will be happy to advise and assist you in the settlement of your workers’ compensation claim. We will use our many years of experience to ensure that your claim is recognised and that the amount of compensation is in line with the actual consequences of your work injury.