Work accident claims
If you can show that the accident was caused by the failure of your employer to provide you with a safe system of work, you will be able to bring a claim against your employer. Your employer will be held liable for his employees if they are negligent in the course of their employment. Most employers will be covered by employers liability insurance and indeed are obliged by law to have such cover. The claim will therefore usually be dealt with by your employers insurance company.
Your employer is also under a heavy burden to provide adequate training for any tasks you may have had to undertake. One of the most common types of work accident is when an employee is not given adequate training in how to lift or move heavy items. Your employer must also conduct a risk assessment of any potentially hazardous task.
Although, the obligation on employers is strict, it does not follow that just because you are injured whilst in the workplace that you will be entitled to bring a claim. We can fully advise you. You may well be entitled to statutory sick pay whilst away from work and often you will find that your employers will pay you whilst you are away from work. Please note that is you do receive wages or salary from your employer whilst you are away from work then you will only be able to recover that from the insurers if your contract of employment contains an obligation to repay such monies to your employer.
You should also ensure that the accident is properly noted in the firms accident record book and that you make a full note of the names and address of all witnesses to the accident if there were any. Obviously, the assessment of liability in respect of such claims is complex and the sooner you seek our advice the quicker we will be able to assist you.
Accident not your fault?
Providing that the accident is clearly not your fault, we will act for you under the terms of our Conditional Fee Agreement. This will ensure that you have no legal costs to pay. These will be recovered in full from the other part.
Legal Expense Cover
Sometimes, you will find that you already have legal expense cover to bring a claim. Please remember that it is your right to choose a Solicitor that you wish to represent you in the conduct of your claim. You may use the Solicitors that will be nominated by your insurance company but clearly their obligation will be to the insurance company who refer the work to them.
We are totally independent and will be your Solicitor acting in your interest. We believe that it is in your interest to instruct your own Solicitors who are independent of insurance companies.
We are members of the Law Society Personal Injury Panel and have been vetted by The Law Society to ensure that we can deal with personal injury claims to the highest standards. We have recovered millions of pounds for thousands of clients and have been dealing with personal injury claims for over 30 years.
Damages to be Recovered
Please note that we are fully conversant with all heads of damage to which you will be entitled and will include the following in the claim:-
- Damages for personal injury. The value of which will vary on the nature of the injury and on how long recovery lasts and whether the injury stops you from working or pursuing other activities.
- Loss of earnings of loss of profit if you are self employed.
- Insurance excess if you are comprehensively insured.
- Any costs that you can reasonably argue that were incurred as a result of the accident. This can include the cost of people assisting you in your day to day living if you were injured and are unable to attend to your normal tasks.
- Damages for psychiatric and mental problems caused by the accident. The assessment for this head of damage is complex and you will be fully advised.
- Other losses that might be necessary to include such as if you are away from work for a considerable amount of time then this may effect your pension, also you may find that your job prospects are effected. There are a number of technical heads of damage which you will be fully advised of as appropriate
- PLEASE REMEMBER THAT WE CAN ACT FOR YOU ON A “NO WIN NO FEE” BASIS IF WE FEEL THAT YOUR CASE HAS A GOOD CHANCE OF SUCCESS. This means that we will recover all of our costs from the other party.
- BE WARNED: A lot of accident management companies who claim to have expertise in the conduct of personal injury claim are simply selling your claim to Solicitors. Often, they will require you sign credit agreements to obtain expensive insurance which would not be recoverable from the Defendants and will have to come out of your damages. Some companies even make administration charges and take a percentage of the damages for dealing with the claim. This will not happen with ourselves as we have the experience and competence to properly deal with the claim that you make.