I am considering making a claim for a broken tooth in an accident at work. I want to claim compensation to cover the cost of dental treatment, will this be possible?
In order to be entitled to claim for a broken tooth in an accident at work, you must have sustained your injury due to negligence by your employer or another third party who owed you a duty of care. If you tripped and fell over a hazard on the floor such as an electrical cable, or if you slipped on a wet floor, you should be entitled to make a claim against your employer’s liability insurance policy. If your accident was caused by a contractor or delivery company, a claim should still be possible, although the claim would be made against the relevant company’s insurance policy.
As with any personal injury claim, in order to be entitled to claim compensation you must have sought medical attention for your injury and have visited a doctor or a dentist after the accident. If you have not already done so, you must visit a dentist even if you have only suffered cosmetic damage and are not in any pain. You will only be entitled to claim compensation for tooth damage if your broken tooth is detailed in your medical or dental records. Delaying seeking medical attention may influence how much compensation for tooth damage you will be entitled to claim.
It is also important that your accident is reported to your employer in writing. You should therefore complete an accident book report, detailing how the accident occurred, the injury you sustained and if there were any witnesses to the accident. The accident book report will link your injury – as proven by your dental records – to your place of employment when a claim for a broken tooth in an accident is made.
When a claim is made for personal injury compensation, recompense can be claimed for the physical pain and suffering caused by an injury, but also for financial losses caused as a result of the accident. Pain, suffering and non-financial losses are covered under general damages, with costs and expenses claimed separately as special damages.
You can claim compensation to cover the cost of dental treatment under special damages and, after speaking with your dentist about the best way of repairing the damage caused, you will need to obtain an invoice for the treatment. You will also be entitled to claim compensation to cover the cost of dental treatment in the future, if the repair to your tooth is not permanent and will need to be replaced at a later date (such as is the case with a bridge or crown).
You can also claim back the cost of an initial consultation with your dentist, in addition to the cost of any temporary dental repairs already provided. If you have already paid for treatment or consultations, you will need to obtain a receipt as proof of payment to submit with your claim.
It is always advisable to seek legal advice before attempting to recover personal injury compensation, and you should therefore speak with a personal injury solicitor about your case as soon as possible. A solicitor will assess your case and will confirm if you are entitled to claim compensation under the circumstances, and assistance will be provided with the collection of evidence of negligence to support your claim.