How is compensation calculated

The factors the court will consider when determining the amount of compensation to grant are based on two criteria.

 

The pain and suffering caused by the injury

This will include both physical pain and negative effects on the victim's mental health. (For example, if the injury has led them to be depressed or develop anxiety), it will also consider how the injury affects their life. For example, if the injury precludes them from partaking in hobbies and interests which they previously had. Medical notes or other confirmation from healthcare professionals will be enough to prove the extent of the pain and suffering the injury caused. The amount of compensation a claimant is entitled to for pain and suffering will be in the discretion of the court and as previously noted the more severe the pain and suffering the more they are likely to be awarded. 

 

The financial loss was incurred due to the injury.

This loss can range from loss of future earnings, such as not being able to work due to the injury, to medical and travel expenses incurred in treating the injury. If an employee has concerns about the safety of their workplace or anything else mentioned above, they can make a complaint to the Health and Safety Executive. 

 

What is contributory negligence?

Contributory negligence allows a defendant (the person against who the claim is bought) to argue the claimant (the person who brings the claim) should not be able to recover the full amount of damages due to them being partly at fault for their injury. In this situation, their damages will be ‘reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage’. ‘Just and equitable’ means what would be a fair outcome and complies with the law and principles of justice. What will be considered just and equitable will be at the court’s discretion.