OK – so you have had an accident at work, and you think you may have a claim for compensation; now, you may want to know what sort of payout you could be expected to receive.

Firstly, just for the avoidance of confusion, let us address whether you have a potential claim for compensation. A basic criteria to check through is as follows:

1. The accident was not entirely your own fault.
2. The cause of the accident was in some way attributable to your employers / or was caused by a colleague.
3. The accident was entirely preventable in some way by your employer.

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What happens after you contact us to make a claim? Most personal injury claims are dealt with under the “Pre-Action Protocols”.  The Protocols contain rules that govern how claims progress from when you instruct a firm of solicitors, until it is settled, or goes to court.  They are designed to speed up the process of settling straightforward claims as quickly and cheaply as possible and to avoid claims going to court wherever possible.

Once we have advised you that there is a good chance your claim will be successful, we send a “letter of claim” to the party that we believe were responsible for causing your injuries.  This letter sets out the circumstances of the accident, what the other party did wrong, or should have done right, and confirms the details of your injuries.  The letter also confirms that we are dealing with your case on our Genuine No Win No Fee basis.

Under the Protocol for personal injury claims, the defendant (company / person at fault) must acknowledge our letter of claim within 21 days, and they have a further three months to investigate the claim. In the majority of cases the details of your claim will be passed to the defendants insurance company that provided insurance cover to the party who caused your injury.  They will take over responsibility for paying any compensation due to you.  At The Injury Lawyers, we always seek to persuade the defendant to deal with your claim as quickly as possible.
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The BBC have recently reported on comments from the Former Justice secretary, Jack Straw, about the referral fee system in Britain.

It is believed that the increasing cost of insurance is as a result of referrals made to personal injury lawyers without the permission of the client.  Recommendations had been made last year to implement the banning of referral fees, and there is now a further request to follow this through.

Once a referral is made, clients are often hounded by interested parties to put in a claim for compensation after an accident – even when the client has said they do not wish to proceed.  This can be very distressing and frustrating for the client.
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Some people feel that it is too much hassle to claim compensation when they have been involved in a car accident; especially when at the time they feel okay, but just a little shaken.

The most common injury sustained is whiplash as a result of a car accident, and the symptoms of whiplash may not be evident until a few days after the incident – at which time you may feel it is too late or not worth bothering about.  These delayed symptoms could have a severe effect on your future lifestyle, short or long term.

Although a medical report is required, the appointment is usually no longer than 15 – 30 minutes, during which time the expert will discuss the accident with you and explore the pain and suffering that you are experiencing.  On receipt of his report, your injury lawyer will value your claim and liaise with the third party insurer.
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Had an accident at work, and wondering what to do? As well as being in pain, and perhaps being a little annoyed that you’ve ended up injured in the line of duty, you’re probably wondering why the accident has happened, and whether something should be done about it.

Well, read on for some quality advice as to where you stand legally, and what you should be doing after you have been involved in an accident at work.

Where Do You Stand?
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If, in the eyes of the law, the road traffic accident you have been involved in which has led to your injuries is relatively minor and straightforward, claiming for compensation is a very straightforward process.  As of the 30^th April 2010 a new protocol was introduced for these sorts of road traffic accident claims which means that in a matter of weeks or a couple of months your compensation claim could be settled.

Nowadays making a claim for compensation for a road traffic accident involves submitting a simple form over the internet, waiting a day for the other side to acknowledge it, then giving them 15 days to investigate your accident. Once liability is admitted, getting a medical report compiled and settling your claim on the best terms is just as quick with the right lawyer on board for the claim. Your compensation could genuinely be sorted in a matter of weeks.

The first stage of your claim is to instruct a quality injury lawyer who specialises in road traffic accident claims.  They should know what they are doing and be able to get the ball rolling on your claim straightaway.
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If you are ever unfortunate enough to be involved in a road traffic accident, you will find that your phone never stops ringing with calls from interested parties offering their services to assist you with your claim. In addition to this, you will probably also receive a call from the third party’s insurer with a proposal for you to accept an offer directly from them.

At the time, this may appear to be a good idea: a quick settlement with no medical involved, and without the hassle of seeking out a reputable injury lawyer to do this for you.

However, there is a downside to this early settlement.  The insurance companies can make you an early offer of compensation without identifying the extent or the seriousness of your injuries, and without explaining to you the full meaning of ‘full and final settlement’.  Once paid out, if your injuries persist and you have further treatment and losses (including loss of earnings), there is no way to reopen the claim and you will be responsible to pay for these bills.
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When you have suffered an injury, either motor related, (the most common being neck injuries known as whiplash), at your place of work, from tripping and falling over in a public place, or perhaps you have been injured as a result of faulty goods or services, you are entitled to submit a claim to the person(s) that caused the injury. If the incident, and therefore your injures, could have been avoided by the person(s) responsible, you should have a claim for compensation.

Compensation is designed to recompense you for your pain and suffering, and to repay you any losses that you have incurred as a result. Your legal representative will break down compensation in to two heads of damages – general and special damages.

The general damages will be compensation for the injuries sustained, loss of amenity, inconvenience, and the inability to do normal day to day tasks.
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If you have been involved in an accident that was not your fault, you are probably aware that you are entitled to claim for compensation for your injuries. You may not be aware that you can also claim for any financial losses that you have suffered as a result of the accident. This is because compensation is meant to put you back in the position you would have been in had the accident not have occurred; therefore, recouping your financial losses is a crucial aspect to this.

I have listed below some of the more common types of loss which you may be entitled to recover:

1. Loss of earnings
2. Treatment costs
3. Care and Assistance
4. Travel expenses
5. Miscellaneous (call charges, postage costs etc)

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If you’re at the stage of obtaining your medical report then it’s likely that liability has been admitted on your claim and now your solicitor is arranging for you to have a medical examination. This medical examination produces a report which forms a foundation from which your claim can be valued.

This is why at The Injury Lawyers we arrange all our client’s examinations with specialist private consultants and general practitioners.

We also advise our clients prior to their appointment to inform the medical professional of the accident circumstances as fully as possible, their injury symptoms, and the full effects of their injuries on their life.

This ensures that the medical report provides a comprehensive overview of the full extent of your injuries in order to truly value your claim.
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