In order to establish that your accident at work claim has legitimacy, you will need to show that you have a case under [...]
Accident at Work Claims
Accident at Work Claims
Thousands of employees suffer accidents at work every year, involving a wide range of injuries. Any worker making a claim against their employer is protected against unfair treatment or dismissal, and the potential for compensation can be great. Click on a header below to learn more.
The basis of accident at work claims can be found in the law of negligence. Your employer is not only liable for direct harm caused to employees, but can also be held to be negligent in failing to prevent others from doing harm. A range of ‘duties of care’ are set out by both the common law and legislation, and employers are under a duty to obey them. If these duties are breached, and that breach causes your injury, you are likely to have a claim with a good prospect of success.
Many employees believe that their claim is unlikely to progress very far as their employer is a small business with limited funds. Fortunately, all employers are obligated by law to be insured against such claims. This means that whatever the judge awards in compensation will definitely be paid, regardless of the company’s financial situation. That amount will be determined by guidelines laid down by the courts, and will include compensation not only for the initial injury, but for any damages which flow from it.
You will only be able to guarantee yourself a good chance of success if you find the best solicitor to manage your claim. This means finding an expert who not only regularly practices in the field of accident at work claims, but who understands the complex array of health and safety legislation which now governs the conduct of employers and employees. Any solicitor you retain should be accredited as an expert by one of the many reputable national schemes, and should possess excellent links to medical professionals and specialist barristers.
Unless you are personally wealthy, you will need help in funding your claim. The process can be expensive, particularly if the evidence of a medical expert is required or if the claim goes all the way to court. Legal aid has now been removed from most personal injury claims, so the most likely avenue for any agreement with a solicitor will be a ‘no win, no fee’ arrangement. Alternatively, you may be covered by legal expenses insurance, or may be able to obtain it.
While retaining a superb solicitor will take much of the stress out of your claim, it is still important to understand the process yourself. This will enable you to check that your solicitor is doing everything required at every stage, and that you are in no danger of exceeding the time limit which is imposed on personal injury cases. If you understand the terminology and procedure, you will be much better placed to make informed decisions on the possibility of settlement or on bringing your claim to court.
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