OK – so how does it work? There are so many ways you can end up being injured in an accident through no fault of your own; but does that mean you have a claim for compensation? Well, it all depends on what’s happened…
You’re Not at Fault – Who IS at Fault?
This is a key question. To be able to claim for compensation, someone else, whether it’s a company or a person, has to be at fault for your injuries. There doesn’t necessarily have to be malice involved – accidents can easily happen through the negligence of someone else. But either way, if you are injured because someone else has failed you, you may well have a claim for compensation!
Road Accidents
The most common form of injury claim – they unfortunately happen all the time. It’s so easy for a driver to lose concentration and pull out of a side road, or fail to stop and crash in to the back of you. If you are injured in a road accident that wasn’t your fault, instruct an independent injury lawyer to represent you for your claim.
Little hint though – Ensure to avoid letting your insurers refer your claim to an unknown solicitor for a fee – sometimes known as Legal Expense Insurance or Legal Protection. The solicitor that buys your case has less money to spend on you and your claim – it can be devastating! And avoid dealing with the third party insurers directly who will likely try and under settle your claim as quickly as they can!
Work Accidents
Another common accident: There are so many health and safety rules and regulations that your employer should abide by stringently. Your working area must be safe and free from hazard – e.g. All walkways must be clear and accessible. If you slip or trip, you can make a claim! If you have to lift heavy and / or awkward objects you should be given thorough Manual Handling Training, and all manual handling tasks should be thoroughly risk assessed. Your employer should endeavour to provide you with equipment where possible to limit the amount of manual handling, and you should always have assistance for larger objects!
If you work in a more manual job – say, a builder, or a factory worker – you should be provided with good quality personal protective equipment if you need to handle dangerous or hot substances, or use sharp instruments. If you work with equipment, you should be thoroughly trained, and emergency stop buttons should be accessible and numerous.
If you are injured due to the actions of a fellow employee, you can still claim from your employers, whom are vicariously liable for all of their employees’ actions. So, panic over! You can still claim from your employers insurance.
Accidents in a Premises (Shops, supermarkets, pubs, clubs)
If you slip on some surface water left on the floor, or trip over a faulty piece of flooring or an object negligently left in a walkway, you can claim from the owner of the premises. Under the Occupiers Liability Act, you can claim if you are injured in a building or an area owned by someone else if they have failed in the common duty of care they have for your safety.
When CAN’T You Claim?
It’s likely you cannot make a claim if the accident is your own fault. If you accidentally drove in to the back of someone, you are the party at fault. If you fail to follow instructions and training at work and end up being injured, it’s your fault. In circumstances where your injuries are caused by your own negligence, you are unable to claim.
An “act of God”, or a natural occurrence can also have an effect. If you’re walking down the street in gale force winds and you are blown over, you are the victim of an unfortunate accident. So, if you live around the midlands, I’d take care out and about! The winds have been battering The Injury Lawyers HQ for two days now!
You can still claim if you were only partly to blame however. As long as there is someone partially or fully responsible, you can make a claim for compensation.
For further advice about claiming for compensation, feel free to get in touch for a free and friendly no obligation chat.
