Claim for a Soft Tissue Injury to my Leg
I want to make a claim for a soft tissue injury to my leg but my employer told me that it is not possible to claim for a minor injury. Why is this?
If you were injured in an accident at work that was not primarily your fault, you should be entitled to make a claim for a soft tissue injury to your leg against your employer’s liability insurance policy. It does not matter whether you pulled a muscle or broke a leg as far. As far as claims law is concerned, both are personal injuries and claims for compensation would be possible for either injury, although the amount of compensation for a soft tissue injury would of course be lower than what would be awarded for a more serious injury.
It would therefore appear that your employer has been misinformed about when personal injury claims can be made, or that he is trying to discourage you from making a claim against his insurance company. It is also conceivable that your employer does not believe that a claim for compensation is justified under the circumstances, although you are one who must decide if your injury warrants a compensation claim being made and not your employer.
There are many factors which can affect eligibility to claim for a soft tissue injury to your leg, and without being party to the circumstances of the accident we cannot confirm if a claim will be possible under the circumstances. To find out if you can make a soft tissue injury claim you should speak with a personal injury solicitor about your case.
You will need to explain the circumstances of the accident in detail, as well as informing the solicitor about your injury and what your doctor has told you. A solicitor will need to establish that the accident was caused by the negligence of your employer and that there was a failure in a duty of care. It must also be established whether you played a part in the cause of the accident, as this can affect eligibility to claim and can certainly reduce the compensation amounts that will be recoverable.
It is also important that you find out the level of compensation that can be recovered and the costs of taking legal action. While it may be possible to claim compensation for a soft tissue injury, whether it will be worth your while to do so is another matter. If you have not lost any income or incurred any expenses from your injury, and your soft tissue injury only caused minor discomfort for a few days you may not be able to recover much in the way of compensation.
A solicitor is in the best position to calculate the appropriate compensation amounts, and when you are aware of what you stand to gain by making a soft tissue injury claim you can then make an informed decision on whether it will be worth your while to do so.