In general, the more severe the injury is that you sustain the more compensation you will be entitled to. For example, you will most likely be entitled to more compensation for the loss of a limb than you would for a sprain. The factors the court will consider when determining the amount of compensation to grant are:
- The pain and suffering caused by the injury, and
- ‘pain and suffering’ will include both physical pain and negative effects on the victim’s mental health. For example, if the injury has led them to be depressed or develop anxiety this will be considered when determining the amount of any compensation.
- It will also consider how the injury affects their life. For example, if the injury precludes them from partaking in hobbies and interests which they previously had.
- Medical notes or other confirmation from healthcare professionals will be enough to prove the extent of the pain and suffering the injury caused. The amount of compensation a claimant is entitled to for pain and suffering will be in the discretion of the court and as previously noted the more severe the pain and suffering the more they are likely to be awarded.
- The financial loss incurred due to the injury.
- This financial loss can range from loss of future earnings, such as not being able to work due to the injury, to medical and travel expenses incurred in treating the injury.
If an employee has concerns about the safety of their workplace or anything else mentioned above, they can make a complaint to the Health and Safety Executive.
What is contributory negligence?
Contributory negligence allows a defendant (the person against who the claim is bought) to argue the claimant (the person who brings the claim) should not be able to recover the full amount of damages due to them being partly at fault for their injury. The law states that where a person suffers harm partly due to their fault and partly due to the fault of another the damages, they can recover will be ‘Reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage’. ‘Just and equitable’ means what would be a fair outcome and complies with the law and principles of justice. What will be considered just and equitable will be at the court’s discretion.
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