Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Even if the injuries happened at work, or were the employer’s fault, that does not guarantee that he will receive full pay whilst he is off work as a result. He will be classified as off sick and subject to the usual sick pay entitlements he gets in his job. It could potentially be as low as Statutory Sick Pay only if the employer does not provide him with enhanced sick pay.
If the employer was at fault for the injuries then that is a separate issue, which can potentially be pursued as a personal injury claim.
A personal injury (PI) claim is aimed at claiming compensation for injuries sustained, in order to try and restore the injured person to the position they would have been in had the injury not happened. Obviously, that will often be impossible as the injuries cannot be undone, but at least the injured party can claim for financial compensation to help with the trauma and any medical costs.
For a PI claim to succeed, the injured party has to show the following factors apply:
- that the other party owed them a duty of care;
- that such duty of care was breached, either deliberate or negligently;
- that the breach caused them to suffer an injury;
- that such injuries were reasonably foreseeable in the circumstances. The injuries could be either physical or mental, or both.
There are two types of compensation that can be claimed for:
- General damages - based upon medical evidence and the amount depends on how the injuries affect the claimant now and how they will affect them in the future.
- Special damages - designed to put the claimant back in the financial position they were in as if the accident had never occurred.
In terms of taking this further, due to the technical nature of PI claims, it is always recommended to use a specialist lawyer to help with the claim. Many can offer free initial advice and then can also consider taking the claim on a no-win-no-fee basis if they believe there are decent prospects of success.
A search for qualified lawyers can be made here:
Another option worth considering is the Association of Personal Injury Lawyers (APIL), a not-for-profit association of solicitors, barristers and academics who specialise in personal injuries work (https://www.apil.org.uk)