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Filing for Compensation While Still Employed: Practical guide to personal injury claims, by Michael Olatunbosun

by · The Eagle Online

One of the most misunderstood parts of personal injury law is filing for compensation while still working. A lot of workers think that if they sue their boss, it will hurt their job or get them fired. That assumption is often what keeps people from doing the right thing at the right time. In truth, the right to compensation comes from the injury itself, not from the state of the employment relationship. An employee who gets hurt at work doesn’t lose their right to compensation just because they keep going to work every day.

The law is clear that an employer has a duty to keep the workplace safe. If that duty is broken and someone gets hurt, the employee has the right to seek compensation. In Nigeria, this may occur under the Employee’s Compensation Act or via a civil claim predicated on negligence. The first does not require proof of fault and is meant to provide structured compensation for injuries at work. The second, on the other hand, is meant to show that the employer did not meet a standard of care. The employee does not have to quit or be fired before taking either route. It is more of a myth than a legal principle that you have to quit your job to make a claim.

Even so, people are still hesitant. Employees are worried about how they will be treated or seen if they file a claim while still working. 

People are often worried about being called “difficult” or “disloyal,” especially in places where the culture at work doesn’t encourage confrontation. These worries are not unfounded, but they should not obscure the practical truth that delay undermines a claim. Over time, evidence becomes less reliable, medical records lose their immediacy, and it may be harder to prove that the injury happened at work. Taking action early, while still working, often gives the claimant a better chance of winning.

There is no need for a claim to be confrontational if it is handled well. A lot depends on how the process starts. A well-written letter from a lawyer can set the tone from the start. The letter should not make harsh accusations. Instead, it should clearly explain what happened, what the injury was, how it affected the person, and what the legal basis for the claim is. The goal is to get across how serious you are without being rude. When the issue is framed as a legitimate claim instead of an attack, employers are often more willing to work together to find a solution.

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Evidence is still very important to the process. Medical reports, incident reports, and any other paperwork that connects the injury to the workplace will be very important. It’s also important to report the incident to the right people at work, not just to follow the rules but also to make a formal record. If possible, all communications should be written down and kept. This lowers the chance of arguments later on about whether the event happened or how it was reported.

It is just as important to stay professional during the process. Following the right channels at work and continuing to do your job, if you can, helps keep your credibility. It also makes it less likely that the claim will be seen as opportunistic. If the injury makes it hard for the employee to work, they should follow medical advice and keep track of any changes that need to be made. This makes the claim more believable and makes it harder for the employer to dispute it.

In a lot of cases, the best thing to do is not to go to court for a long time, but to reach an agreement. Employers usually want to settle these kinds of issues quietly instead of going to court for a long time. Settlement lets both sides move on without putting more stress on their working relationship. It could include money to cover medical bills, an acknowledgement of the pain and trouble caused, and, if necessary, plans for ongoing care or changes to working conditions. A clear and believable claim often makes people want to settle the case quickly.

Timing is very important. It can be hard to deal with problems that come up if you wait until the end of the employment relationship. At that point, it may be harder to get evidence, and the employer may not want to get involved. If you file a claim while you are still working, the issue can be dealt with while it is still important and relevant. It also gives the employee some power, since the employer wants to keep the workplace stable.

There is also the bigger problem of accountability in the workplace. It’s not just about getting money for yourself when you file a claim; it’s also about making sure that safety rules are followed. When injuries are ignored or not treated, the risk goes beyond the person who was hurt to others in the same place. If a claim is handled correctly, it can lead to changes that help the whole workforce.

It shouldn’t be seen as a drastic or hostile move to file for compensation while still working. In short, it is a structured way to deal with damage that has already happened. You can stand up for your rights without hurting your job if you do it the right way. The key is to get ready, communicate clearly, and focus on getting things done instead of fighting.

If handled correctly, such a claim does not need to define the relationship between the employee and the employer. Instead, it can be a way to settle a problem fairly and move on. The law sets the rules, but the way the process is run often determines the outcome. The employee has the best chance of getting paid while keeping the workplace stable if they are aware of the law and show professional restraint.

Legal fees like hiring lawyers is what stops a lot of claimants from doing anything at all. It can be hard to know how much legal fees will be, especially if the outcome isn’t certain. In practice, many personal injury matters can be handled on a no win, no fee basis, where the lawyer’s fees are only payable if the claim succeeds. This method takes away the stress of having to pay legal fees up front and lets a claimant seek compensation without putting their money at risk right away. It also makes the lawyer’s interests the same as the case’s success, which often leads to a more focused and outcome-driven approach.

This article is only meant for general understanding only and not a legal advice. If you believe you’ve suffered any harm or injury due to an employer’s fault, and you are concerned about the viability of your case or high cost of  hiring a lawyer, you can reach out to an experienced personal injury lawyer who may be willing to offer a free legal advice and handle your case on a “NO WIN, NO FEE” arrangement, which simply means you only pay if you win and get compensation.

. Michael ‘Lekan Odunlami is a Lagos-based personal injury lawyer at Claybrook Attorneys. He can be contacted via contact@claybrookattorneys.com; https://www.claybrookattorneys.com/personal-injury-claims/; and 09028978494.

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