Paralysis Injury at Work – A Guide to Claiming Compensation

Any type of paralysis injury at work can have a massive impact on your own life and that of your friends and family. If you’ve been paralysed in an accident at work, this guide explores when you could be paid compensation for the suffering and upheaval your injury will cause. We’ll also show how compensation for paralysis is calculated, the eligibility criteria paralysis claims generally need to meet and what evidence you might be able to use to strengthen your case.

If you would like to start a paralysis injury claim, our legal advisors can help. Firstly, your case will be reviewed, for free, by a specialist. They’ll assess how your injuries came about and whether your employer is liable. If they believe you have a strong enough case, you could be partnered with an accident-at-work solicitor. Should your case proceed, your solicitor will represent you on a No Win, No Fee basis and attempt to secure as much compensation as possible to help you deal with your injuries as best you can in the future.

To talk to us about a paralysis injury at work, you can:

• Call our legal advisors on 0333 241 2519.
• Use our live chat service to ask any questions.

You’ll find plenty of information on paralysis injury compensation claims throughout our guide but please call now if any questions arise.

Types of Paralysis Injuries That We Can Help With

Paralysis is when you are unable to move parts of your body. It can be temporary or permanent. Often, it can be caused by brain damage or nerve damage in the spinal cord following an accident.

Some common forms of paralysis that can be caused by an accident at work which we can help with are:

• Quadriplegia (or Tetraplegia).
• Paraplegia.
• Monoplegia.
• Hemiplegia.
• Flaccid paralysis.
• Spastic paralysis.

Whatever type of paralysis you are dealing with, you will no doubt know that you are much more reliant on others than before your accident. All aspects of your life are likely to be affected including your ability to interact with family members, work, participate in hobbies and socialise.

As such, if your paralysis injury was caused by an accident at work, you are well within your rights to check if you might be entitled to begin a paralysis injury claim.

Can I Make a Paralysis Injury Claim?

It may be possible to claim compensation for paralysis following a work-related accident if:

1. You can demonstrate that a duty of care was owed to you by your employer (laws like the Health and Safety at Work Act 1974 mean this is almost always the case).
2. Negligence by your employer meant that duty was breached; and
3. As a result, you were paralysed at work in the last three years.

Paralysis injury claims can involve lots of complex medical and legal evidence. For that reason, you might want to take on legal advice from a specialist solicitor before claiming.

If you want clarification on your case and have your options reviewed for free, please call the number above now.

What Types of Negligence Can Lead to a Paralysis at Work Claim?

Here are a few scenarios and instances where work-related accidents could result in workers becoming paralysed:

• A labourer was paralysed after falling into a large excavation in a construction accident because no warning signs or fences had been installed to alert them to the hazard.
• A worker sustained serious spinal injuries after being crushed by collapsing racking in a warehouse, caused by an untrained forklift driver colliding with it.
• An employee tripped over a damaged tile in the staff room, banged their head during the fall, and suffered temporary paralysis in one arm.
• A builder was run over by a dumper truck operated without a banksman, resulting in paralysis from the waist down.”
• A factory worker was struck in the head by a piece of machinery known to be faulty and has been diagnosed with quadriplegia, requiring 24-hour care for the rest of their life.

As you can see, each of the accidents listed was caused by someone else’s negligence. This is something that will have to be proven if you’re to win a paralysis claim.

Don’t worry if we haven’t described your accident here. Simply call us now, let your advisor know about your accident and they will explain your legal options for free.

What Evidence Can Be Used for a Paralysis Compensation Claim?

The more evidence you can provide to prove how your accident happened, how you became paralysed at work and why your employer is liable, the better your chances of being properly compensated.

If you work with one of our solicitors, part of their service may include gathering evidence to build up as strong a case as possible on your behalf. The types of evidence they could use include:

• Witness statements from those who saw how your accident occurred.
• Medical records to help confirm your diagnosis.
• Independent reports to confirm your prognosis for the future.
• CCTV footage and accident scene photographs to help prove the cause of the accident.
• Investigation reports from the Health and Safety Executive (HSE).
• Financial records to prove the impact of your injuries.
• Copies of training records from your employer and a copy of their accident report form.

If you’d like us to check whether there’s enough evidence for you to claim compensation for paralysis following an accident at work, please call our legal advisors.

How Long Do I Have to Claim Paralysis Compensation?

The 3-year time limit for personal injury claims also applies to paralysis claims. Normally, the Limitation Act 1980 enables the time limit to begin on the date you were injured or the date you found out that employer negligence has caused your paralysis (following an investigation for instance).

In some cases, the 3 years can be extended. For instance, if the injured party doesn’t have the mental capacity to deal with the claim (as per the Mental Capacity Act 2005), there will effectively be no time limit (unless capacity returns). This is quite feasible where a spinal cord injury results in a brain injury as well as paralysis.

In this situation, someone else could claim on behalf of the claimant at any point by acting as their litigation friend. Please call our legal advisors if you’d like more information about how this process works.

How Much Compensation for a Paralysis Injury at Work?

The first element considered when valuing compensation levels for a paralysis injury at work is called general damages. It covers the pain, discomfort, suffering and loss of amenity caused by your condition.

To help ensure the correct level of general damages is awarded, your solicitor will use medical records along with independent reports to ascertain how much pain and suffering you’ve already dealt with and any you will suffer in the future.

Paralysis can have a massive impact on you financially as well. Consequently, another element of compensation could contribute to any settlement you’re offered. Special damages may be awarded to cover:

• The cost of full-time nursing or care at home.
• Medical treatment costs.
• The cost of specialist equipment (hoists, wheelchairs, lifts etc).
• The cost of home adaptations to improve accessibility for example.
• Loss of earnings including future losses.
• Travel costs and the cost of a modified vehicle.

In some cases, compensation for paralysis can amount to significant sums and may be awarded a lump sum or a lump sum plus annual payments for the rest of the claimant’s life. It is vital that any settlement covers all aspects of your suffering which is why you may wish to consult with a specialist solicitor before taking legal action against your employer.

For more information about how much compensation for paralysis you could be entitled to, please call now.

Can I Claim Paralysis Compensation for Someone Else?

It’s quite common for those affected by paralysis to lack the capacity to deal with a personal injury claim. Therefore, in some cases, the law enables friends, relatives and other responsible parties to act as the injured party’s litigation friend.

If approved, you’ll be able to seek compensation on behalf of the claimant in much the same way as you would if you were claiming for yourself.

Please call now to find out more.

Do You Need a Solicitor for Paralysis Claims?

Proving a) why your employer was to blame for your accident and b) how much suffering you’ll endure as a result can be extremely difficult in paralysis claims. If any mistakes are made in the claims process, you might not receive the correct level of compensation meaning you might not be able to afford the care and support you’ll need in the future.

Taking on legal representation when claiming compensation for paralysis could improve your chances of winning your case and ensure that a fair level of compensation is awarded.

If you work with one of our solicitors, they’ll manage the whole claims process on your behalf, fight your corner and try to secure the maximum settlement possible. What’s more, if your case is taken on, your solicitor will provide a No Win, No Fee service to reduce the financial risks typically associated with hiring a legal specialist.

To see if you could make a No Win, No Fee paralysis claim, please call now.

How Long Do Paralysis Claims Generally Take?

The time it takes for a paralysis compensation claim to be settled varies due to various factors.

For instance, if you suffered temporary paralysis in one arm but have since fully recovered, you could be paid compensation in around 4 to 6 months so long as liability for your accident was accepted early on in the claims process.

If you are suffering from quadriplegia or a similar level of paralysis, your claim could take far longer. That’s because it would be unwise to settle until it was absolutely clear how you would be affected by your injuries in the future. For instance, time would be needed to determine how much care and support you’d need.

In these longer-term cases, you might receive interim compensation to pay for care, lost earnings and other expenses before the case is settled so long as liability for your accident has been accepted.

Will I Be Required to Go to Court?

While solicitors and insurers will generally try to reach an amicable settlement, a paralysis claim might need to be heard in court if:

• Your employer won’t accept liability for your injuries despite compelling evidence being provided; or
• A settlement offer is made but it doesn’t cover all of your suffering.

Out-of-court settlements are always preferable when claiming compensation for paralysis but if your case does need a court hearing, your solicitor will be there to support you all of the way.

Contacting Us About a Paralysis Injury Claim

We are here to assist if you’ve suffered paralysis due to a workplace accident. You can arrange a free consultation with one of our specialists by:

• Calling our legal advisors on 0333 241 2519.
• Connecting to our 24-hour live chat service.

There’s no obligation to act upon any legal advice you’re given in your call. However, if you do decide to make a paralysis injury claim and one of our work injury solicitors offers to help, you’ll benefit from their No Win, No Fee service.