Workplace-related injuries account for about 60% of personal injury cases in the UK annually. Personal protection in the work environment is a responsibility of the employer and employee. Though employees are typically vigilant with their workplace safety, most employers are negligent in pursuit for profit.
There are two primary categories of compensatory damages you might get in personal injury claims filed in Lincolnshire. Special damages are easy to calculate since they ‘reimburse’ your out-of-pocket expenses related to the injury. General damages awarded for your injury’s effects are however not as easy to establish. Here are some general damages you may get for a workplace-related injury.
Pain and Suffering
These damages recompense you for the suffering and pain you endure following an injury. Everyone’s pain tolerance is however different. To somehow establish an accurate amount for your pain and suffering, the court might evaluate your amount of pain medication, treatment length and recovery period. Witnesses might also be called to determine the changes in your quality of life after the injury.
Loss of Consortium
Your injury might render you unable to enjoy companionship activities with your spouse. Loss of consortium damages is designed to compensate you for this. Though usually less compared to other general damages, they can make life easier for people with significant impairments like paraplegia.
Emotional distress and mental anxiety from an injury typically go together with pain and suffering. Most courts have strict guidelines regarding the level of danger in mental anguish to minimize fraud. They, therefore, impose a ‘physical manifestation rule’ that requires the exhibition of apparent psychological symptoms by the plaintiff such as anxiety, weight loss or gain and depression.
Most plaintiffs are only aware of special damages in personal injury lawsuits. Your employer’s attorney might hence dupe you into not pursuing the above general damages should you choose to handle your case alone. Legal representation is thus essential to benefit from fair compensation in your case.