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Claiming for compensation is not as complicated as it may seem. However, the thought of taking “legal action” for some people, is something they simply do not want to spend time doing as they’ll worry that it will take too long and involve attending court and all sorts of hassle..

So the purpose of this blog, is to simply put people’s minds at ease, and to ensure you that if you are thinking you’re entitled to compensation, then you should genuinely look in to making a claim!

So what is the procedure?

There are two mains protocols involved for the common compensation claims; the first is the Road Traffic Accident Protocol and the second being the Personal Injury protocol.
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Many people up and down the UK work in offices and many underestimate how easy it is to be injured in an office environment.

By far the most common injuries faced by those working in offices are slips, trips and manual handling injuries; in fact according to Health and Safety Executive statistics for the year 2011/2012 up to 2,000,000 working days were lost to these injuries (source). While not all of these will have been in offices it is easy to see how they might occur in your office workspace.

Trailing wires from printers or computers, a bag or a coat that hasn’t been hung up or put away under a desk, amongst many other things in an office could all be tripping hazards. At the same time corridors between offices and communal areas that have tiled floors that collect water and liquids create a real risk of slipping hazards.
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Pre-action protocols were introduced for a number of reasons. The main reason was to speed up the claims process by providing guidelines as to when insurers should respond to a claim. Most personal injury claims come under a certain protocol, all of which differ slightly.

Road traffic accidents now come under the road traffic accident protocol, industrial disease claims (e.g. industrial deafness, vibration whiter finger etc) come under the disease and illness protocol and most other personal injury claims (e.g. work accidents, trips/slips etc) come under the more general personal injury protocol. Note that road traffic accidents differ slightly in the sense that a claim can “fall out” of the road traffic accident protocol. This is because road traffic accident claims are submitted through an online portal and should insurers fail to respond to the claim in time (within 15 business days) then the claim falls out of the road traffic accident protocol and continues under the more general personal injury protocol. This means that different time frames are then in operation. This also has cost consequences as Solicitors are only entitled to recover fixed costs for claims dealt with on the online portal under the road traffic accident protocol.
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Whiplash claims are oh so common; and the question as to how much compensation you are allowed to recover for a whiplash claim is all over the internet. We have done a fair few articles on this topic in the past, but the reason I wanted to write about this today is because I have a whiplash claim and I’ve just received my very first offer! Very exciting…
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Pre-medical offers are what they say on the tin! – Offers made before medical evidence has been gathered and reviewed. In most cases such offers should be treated with caution and should only be considered if you have the advice of a personal injury specialist as the majority of the time you may run the risk of under-settling your claim.

Compensation is based on the severity of your injuries and how long these will affect your everyday life. Therefore, it is a main and pinnacle part of any claim to gather accurate medical evidence using a medico-legal report from a proper expert. This expert has a duty to the Court which ensures that they are an impartial party in the claim. In the report compiled by this expert there are often key bits of information that affect the value of your claim, which include:

1. A prognosis period – which predicts how long your injury will affect you.
2. Any treatment you may require.
3. Effects on your ability to work.
4. Effects on the your daily routine and daily living.

Based on all the above and of course any consequential losses you have occurred, a valuation of your claim will be established and consequently any offers of settlement will be based on such evidence.
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Repetitive Strain Injury (RSI) is a progressive condition which can manifest itself in many ways. The overriding general symptom of a RSI is pain and discomfort. The pain would ordinarily be in the area affected. It is also common to experience tingling, numbness and swelling in the affected area.

An RSI is an injury primarily caused by carrying out repetitive tasks and forceful actions. It is often associated with tasks such as working on computers, driving, sleeping awkwardly and lifting heavy items.

In most cases, especially if the RSI is in the early stages, it can be treated by rest, exercise and massages. If the RSI develops then surgery may be required.

It is said that, over recent years, the number of compensation claims against employers for repetitive strain injuries sustained by employees whilst at work has increased significantly. This is perhaps due to professions in which workers have to complete repetitive motions over long periods of time. Of course, more and more workers use computers these days and tasks become more streamlined. This can increase the likelihood of a repetitive strain injury.
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There are two common types of accidents that can occur with manholes! (1) The manhole cover is completely missing leaving a big hole in the middle of the pavement and (2) the cover is faulty and falls through when weight is put onto it.

In both of these situations you are entitled to claim for compensation, as of course these types of accidents can cause serious injuries!

So how do you go about making a claim? Pursuing a claim for these accidents are usually against the local council or alternatively against a private company (Such as Gas or Electric) and therefore evidence is always going to be helpful at the beginning of the claim to ensure things can run as smoothly and efficiently as possible. When I say evidence I primarily mean photographs. Although, I understand, that this may not be the first thing on your mind after a nasty fall… Photographs are key evidence to prove that the cover was completely missing or faulty.
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This is a common question but unfortunately it does not have a set answer. Of course, there are certain time frames in place to ensure your claim is kept moving and dealt with; however establishing a time frame for the overall settlement is simply not possible.

The main reason for this is that every case is different! Every accident has different circumstances (although many with the “standard issues”) and consequently different people suffer differently. Compensation is based on the severity and longevity of your injury and therefore some claims will inevitably take longer if you are suffering from a serious injury.

The two main protocols in place for claims where we would be pursuing an insurer is either under the Road Traffic Accident Protocol (as it says on the tin- for road traffic accidents, or RTAP) and the Personal Injury Protocol (PI). The latter is the one followed for accidents at work, whiplash injury claims and other slip and trip accidents.
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Most people want to know how long a claim will take, but in reality any time frame you are given is simply an estimate based on averages. For example a solicitor may say that a typical road traffic accident claim could settle within 6 to 12 months. However, this cannot be relied upon as a guaranteed fact.

The truth is that solicitors cannot say with any great certainty how long a claim will take.
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A main concern for many people when they have had an accident is that they may not be able to return to their trade. For example: if an electrician is involved in an accident in which they seriously damage their hand, it is unlikely that they will be able to continue to work in this trade if they can’t use their hand as well as they used to be able to. When this happens you are said to be “disadvantaged on the open labour market” as your employability is ultimately affected.

Primarily, it is important that if you feel your injury is going to affect your line of work that you mention this at the start of your claim. This is because the burden of proof is on the claimant and therefore you (and your injury lawyer!) must show that the injury will affect future prospects of work. Of course, in the above example it is quite straight forward but this is not always the case, especially if the injury concerned is partly psychological.

There are different circumstances that can arise under this heading. It may be that you cannot continue to work at all, can simply not work in a particular trade or cannot work in your trade for a certain amount of time. In all these circumstances there is the possibility to claim for the decline in employability.
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