Can I get an interim payment with a work injury claim?Updated: September 18, 2020
If you have sustained an injury at work and you have an immediate financial need as a result of your accident, it may be possible to get an interim compensation payment.
What is an interim payment?
An interim payment is effectively an advance or upfront payment on your projected final compensation settlement. Interim payments can sometimes be made to claimants when their final compensation award will not be paid in time to meet an immediate need.
Interim payments are more commonly made in serious or complex cases as these can take many months or even years to settle.
Preventing ‘low-ball’ settlement offers
Employers’ liability insurers will often try to drag out the claim process unnecessarily. This deliberate tactic is designed to put pressure on claimants to accept the first offer they receive. Typically this initial offer is less than the claim is worth and less than the insurer is ultimately willing to pay.
Sometimes an insurer will make a pre-medical offer which may be especially tempting as it offers the prospect of a quick settlement. Pre-medical offers are usually for a lesser amount than the claimant would receive if they pursue the case fully through a solicitor.
Interim payments remove the pressure on claimants to accept an early or ‘low-ball’ compensation offer because of an urgent financial need.
What counts as an ‘immediate need’?
An immediate need might include :
- Private medical treatments
- Care costs
- Adaptations to your home
- Rehabilitation and support equipment
- Living expenses including mortgage payments or rent, utility bills and other living costs
How quickly can I get an interim payment?
To secure an interim payment, your solicitor will need to be able to establish that your employer is likely to be found liable for your injury.
If your employer admits liability, the interim payment should be a relatively straightforward negotiation with the employer and their insurer.
If your employer denies liability, then your solicitor will need to issue formal court proceedings. Thereafter the solicitor can apply to the court for an interim payment.
Interim payment orders tend to be issued by the courts without delay.
What will the solicitor need to secure the interim payment?
To secure an interim payment, your prospects of winning your claim must be good.
Once the evidence has been gathered, the solicitor will need to inform the court:
- What you need the interim payment for
- The amount of money you need
- The total sum likely to be awarded if you win your case
- Details of past and predicted losses (special damages)
How likely am I to receive an interim payment?
Once the solicitor has issued proceedings with the court and a subsequent application for interim payment has been made, the court will need to be satisfied that, if the case goes to trial, the claimant would receive a judgment for more than the interim payment.
Can I get multiple interim payments?
Yes. You can request multiple payments if you need to. However, the court will need to be satisfied with the same set of criteria for each interim payment you request.
Do you have an immediate need?
Interim payments can make a significant difference to an injured claimant and their family. If you are thinking of starting a work injury claim and think you may need an interim payment, contact us now for more information.
If you have been injured at work in the last 3 years, you may be able to claim financial compensation.
Find out more about making a work accident claim:
- Do you qualify?
- How much compensation could you get?
- How does No Win, No Fee work?