I would like to claim compensation for a tendon tear at work but I am worried my claim will be affected if it is deemed that I adversely affected my injury through my own negligence. What should I do?
It may be possible to claim compensation for a tendon tear at work but if it is deemed that you in some way contributed to your injury it may complicate matters. Therefore you are advised to speak with a personal injury solicitor as they will be able to determine whether your claim for a work injury may be compromised by your own negligence.
If the negligent party’s insurers can demonstrate that you in some way contributed to your injury, the amount of compensation you are entitled to claim for your tendon injury at work may be adversely affected.
A failure on your part to seek prompt medical care from a doctor or GP could be viewed as contributory negligence. When an accident occurs at work often one of the first things you seek is medical care but if you felt your injury was not serious enough or it worsened over time it could be argued that you exacerbated your injury by failing to seek prompt medical care beyond first aid treatment.
The amount of compensation for a tendon tear at work that you are entitled to claim will be affected by the impact your negligence had on the injury you sustained, for example if it is deemed that you are 30 per cent to blame in your claim for a work injury the actual amount of compensation awarded to for your tendon injury at work will be reduced by 30 per cent.
This applies to all elements that make up your compensation claim for a tendon injury at work including loss of amenity, special damages and compensation for emotional trauma (if applicable). Before pursuing a compensation claim for a work injury, you are best advised to speak with a personal injury solicitor. Solicitors in the UK often a free consultation service for potential personal injury claims, therefore you will be able to have your claim evaluated without being under any financial obligation to a personal injury solicitor.
Your solicitor will be able to calculate the potential value of your claim for compensation for a tendon tear at work and how contributory negligence may affect it, which will allow you to decide whether it is worth your while pursuing compensation.