Accidents at Work – Why You SHOULD Claim
We take on countless accident at work claims on a continuous basis. You’d think that with all the health and safety rules and regulations we have in place to protect us that there’d be far less of work accident claims being pursued through our legal system. One of the major problems and reasons they keep occurring is the lack of understanding and respect for the rules and regulations we have in place.
So, you’re injured in a work accident through no fault of your own, and you think you are entitled to some compensation. Firstly, contact a quality injury lawyer to find out if you have a claim. Secondly, and turning to our question at hand here:
YES – MAKE A CLAIM
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After what may have been a traumatic accident, you may feel too fragile to consider making the decision regarding which law firm to instruct on your claim; especially with the high number of firms out there all wanting your business. With the wrong law firm on board, the whole process could become more drawn out and a greater hassle than it needs to be – this is why it is advisable to do your research and choose the best law firm, for you, from the outset.
I have listed some important things to look out for when researching law firms:
- 100% of your compensation – you should make sure that on settling your claim you obtain all your compensation with no deductions or hidden charges. This is an item which can be checked on a firm’s website, but also should be checked before agreeing any no win no fee contract. If you are unsure you, should ask your lawyer directly.
- No fees to you – you should make sure that you are not solely responsible for the solicitors’ costs. Solicitors’ costs are the fees they charge for the time spent on your case. A good place to check this can be to see if the solicitor’s costs are restricted. Solicitors’ do not always get all of their costs on a claim – so, if it doesn’t specifically state that your lawyers costs are restricted to whatever they recover from the other side, they can come to you for the remainder.
- Service Standards – firstly, check to see if the law firm even has any policies on client care – if not, this may tell you a lot about the firm. If they do have policies, then ask about them, and they should be happy to tell you. At The Injury Lawyers, for instance, we have a policy of updating our clients every 2 weeks and returning client calls within 24 hours, if we are unable to return it the same day.
What Really IS a Claim for Compensation?
Many of you reading this will probably have a general idea as to what a claim for compensation entails. But do any of you really know what it is? I mean, what it really is?
The old stereotype of the man falling off the incorrectly provided ladders, or the lady slipping on the wet floor where no signs had been placed, is just microscopic view of the claiming world. There are so many ways you can end up injured, and end up having a valid claim.
So – to answer the question, I suppose it’s best to ask another question:
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Whiplash is one of those conditions which can be undermined and overlooked by many. One reason for this may be that it is not so plain to see as a broken bone or a laceration – so many people can discount it. At The Injury Lawyers, we take the exact opposite approach; we know the severe pain it can cause, as well as the devastating effect it can have a person’s professional, social, and domestic life.
Symptoms
The symptoms of whiplash can vary from person to person – they can include:
- Pain, stiffness and/or tenderness of the neck
- Swelling of the neck area
- Headaches
- Pain radiating to the shoulders or even down the back
Health and Safety Gone Mad and the ‘Claims Culture’
OK – so we do have a lot of health and safety rules and regulations to comply with nowadays. We have training manuals to read, instruction videos to watch, and endless amounts of forms to sign to confirm we have thoroughly digested the information we are exposed to. But – has it really gone mad? Are we doing too much?
I think this is one heck of a hot topic for debate. Personally, I side with the sensible approach, whilst maintaining the importance that even the “little things” simply cannot be missed. Yes – we all have an obvious duty to look out for our own personal wellbeing – so there are instances when an accident really is the fault of the injured person (or just no one at all!) through a lack of common sense. But, if the necessary checks weren’t in place, and the required training was never completed, people’s health and safety is easily at risk.
I agree – there is a lot of red tape around it – but it’s far better to have it there than to not have it in place. For example:
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Road Traffic Accident Claiming
Road traffic accidents are on the increase in many parts of the UK. This is no surprise as many road users out there may have noticed the ever increasing amount of traffic on the roads today. This, coupled with the fact that everyone has busier and busier lives and so seem to be always rushing, means that the roads are clogged with drivers that may not be paying the necessary care and attention on the road.
This increase in road traffic accidents is one of the reasons there has been a new system put in place to deal with road traffic accidents that took place after 30th April 2010. This system makes claiming quicker, simpler, and more stream-lined – this can only be good news to any potential road traffic accident claimant out there.
The new system is set up into a 3 stage process and is completed electronically so correspondence is exchanged instantaneously. The first stage begins with the Claim Notification Form. This is the first item a defendant will receive regarding your claim which sets out the accident circumstances amongst several items of important information. The matter is normally dealt with by the Defendant’s insurance company whom have 15 days to respond to the Claim Notification Form giving a decision as to whether they admit or deny liability. This is in stark contrast to the nearly 4 month period the insurers have under the old system.
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I fear that many people out there may be sat at home and struggling with the pain of an injury caused through no fault of their own. These people may be considering making a claim, but feel that it would be too much hassle for them to proceed with after what may have been a traumatic accident.
I am writing this blog to inform those people that compensation may not be the hassle that you may think. With the right specialist personal injury lawyer involved, the hassle can be minimal relative to what you may get out of your claim by way of compensation.
If you choose the right lawyer, you may not only receive compensation for your injuries, but your solicitor may be able to arrange private medical treatment for you. At The Injury Lawyers, we are able to arrange medical treatment at the early stages of a claim. This treatment can include physiotherapy, osteopathic, and chiropractic treatment, and would be at no cost to yourself. To this, I can hear you say –‘how is it at no cost’? Well, if you lose your claim, it would be covered by insurance, and if you win your claim, we would recover the costs from the other side as part of your losses.
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Choosing your Specialist Personal Injury Lawyer
If you are reading this blog, then you have taken the correct first step to dealing with with your personal injury claim. It is always advisable to take independent legal advice on your personal injury claim, and finding the law firm you want to act for you is best done directly with the law firm. There are many referral agents out there who may want your claim. Referral agents act as middlemen by selling your claim on to personal injury law firms – this referral fee can be for a large amount of money (often up to £800!).
If a law firm has already reduced their budget amount for your case by paying this fee, it is likely that they will also give you a reduced level of service or face incurring a loss – which isn’t something a law firm is going to want to do!
In summary, it is best to leave the destiny of your claim in your own hands and choose the law firm that is right for you. Below I have listed some useful tips that you may want to look out for when researching potential law firms to instruct on your claim:
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Many of our clients when they approach us at The Injury Lawyers are aware that they may have a claim for compensation. What they are often not aware of is the extent to which they may claim back other losses that they have incurred as result of their accident. A good personal injury lawyer will advise of claims for further losses from the outset of a claim; the reason being that in many cases the losses are ongoing, and we want our clients to keep all the necessary receipts and other supporting documentation safe to help support the claim.
Once all the losses information is collated, it is at this point a Schedule of Loss may be drafted by your lawyer. A Schedule of Loss, or Schedule of Special Damages as they are sometimes called, is a document which sets out all your losses information and is disclosed to the other side in order to invite offers. Losses are normally dealt with separately to your injury compensation – so this is an item which is not included in the document.
I have set out below some of the items which are more commonly seen on a Schedule of Loss:
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Many of our clients approach us after having been in a road traffic accident; many are understandably frustrated and anxious that they are in this position through the fault of another driver. This frustration is further compounded when a client has been injured as a result of another driver who is not insured, or one whom flees the scene to avoid exchanging details.
These potential claimants approach us unsure as to if they have a claim. We are happy to answer that yesthey may a valid claim through the Motor Insurers Bureau, or MIB as they are more informally known. The MIB are an organisation that is funded by motor insurance companies. This means that they are funded by part of our insurance premium which the MIB have estimated amounts to between £15 – £30 per policy. The MIB not only deals with claims for compensation, but also for costs for car repairs if your insurer has not dealt with it already.
The MIB also state that they deal with cases of hit and run incidents through their untraced drivers’ agreement.
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