However clear it is that your employer was at fault, compensation depends on what the injury has done to you and what it will do in future. That is established through medical evidence.
Why is medical evidence needed?
To prove three things: what your injuries are, that they were caused by the accident rather than something else, and how long they will last and affect you. Without it, a court cannot value the claim and an insurer will not pay full compensation.
What is a medico-legal report?
A report prepared specifically for the claim by an independent medical expert. It is different from your NHS or treatment records. The expert's overriding duty, under Part 35 of the Civil Procedure Rules, is to the court rather than to whoever instructs them, so the report should be impartial.
Who carries out the examination?
It depends on the injury. Orthopaedic surgeons for fractures and back, neck and joint injuries; neurologists and neuropsychologists for head injuries; psychiatrists or psychologists for psychological injury; ear, nose and throat surgeons for hearing loss; dermatologists for skin conditions; and GPs for minor injuries. Serious cases may need several experts, including care and occupational therapy experts.
What does the report cover?
Your account of the accident and symptoms, a review of your medical records, the examination findings, a diagnosis, whether the accident caused the injury or made an existing condition worse, your prognosis, the effect on work and daily life, and any treatment recommended.
What happens at the examination?
The expert will take a history, ask about your symptoms and their impact, and carry out a physical or psychological assessment. Be honest and accurate: do not exaggerate, but do not play down your symptoms either. Experts compare what you say with your medical records.
Can the insurer ask for its own examination?
Yes. The defendant can ask for you to be examined by its own expert. You can object if there is a good reason, but an unreasonable refusal can lead the court to pause the claim until you attend. See do I have to attend a medical examination?.
What if the experts disagree?
They may be asked to discuss the issues and produce a joint statement setting out what they agree and disagree on. If the case reaches trial, the judge decides which evidence to prefer.
Can the claim fund treatment?
Often, yes. Under the Rehabilitation Code, insurers frequently fund physiotherapy, counselling or other treatment early in the claim, separately from the medico-legal report.
Sources
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor.