Articles

Accident Compensation Claims  

The process of filing compensation claims in the UK is a lot easier since the introduction of "no win, no fee" legal firms in 1998.  Without the worry of large legal expenses, people are free to fight cases that they would otherwise not be able to afford.  If the outcome of the case is not in the plaintiffs favor, then the law firm will not charge for their services.  Many compensation claims are filed against employers whose negligence has resulted in death or physical and mental conditions caused, or made worse, by employment.  If you're over 18 years of age and have suffered an accident of this type in the past three years, then it could be your legal right to claim compensation.

If you have sustained an injury at work, or your work has made an existing injury worse, then a compensation claim could award you compensation for the accident itself and also for any financial losses that you may have incurred as a result of the injury.  Compensation claims require that you can prove that you have suffered a personal injury and that your employer has failed in their duty of care. You must also prove that your injury was caused as a direct result of your employer's negligence and not by any other cause, such as an underlying medical condition.  So, what kind of evidence would you be expected to have?  It may be a good idea to keep a note of how your injury occurred and a diary of your symptoms and treatment.  Always attend any doctor’s appointments, but be careful not to discuss your compensation claims with your doctor, as this could easily complicate your case.  Keep receipts of all expenses such as prescriptions, transport to and from the hospital, and any other associated costs.  It may be a good idea to collect the names and addresses of any witnesses, as these could be used by your solicitor and could speed up the case. Take photographs, sketches, scans, or any other copy of the design of any equipment involved in the injury, as these too could be important to any compensation claims.

If you believe you do have a case against an employer, you will need special legal advice.  If you are a union member, then consider contacting your representative; unions generally deal with a large number of compensation claims and are, therefore, usually well prepared.  They may be able to advise you on any potential case and refer you to a specific legal team.  If you're not a union member, then you may wish to contact the union to see if they would consider advising you on the compensation claim, even though the injury occurred before you were a member. Some unions will also provide advice to friends and family of members, so it may be worth checking to see if this is helpful to your compensation claims.

Solicitors offering a "no win, no fee" service can be extremely useful, as they will usually only charge a small initial fee.  Legal fees will be recovered from the cost of any compensation that you receive, should you win the case.  In some compensation claims, the law company may even be able to recover the legal costs from your employer.  If you don't win the compensation claim, then there is no fee from the law firm.  Depending on the circumstances of your case, and if your employer agrees to an out of court settlement, you may not even be required to attend court - all the legal proceedings could be completed by post.  If the company does agree to an out of court settlement, then you may need to take advice from your legal team, and possibly from your union, on how best to proceed.  Completing an accident compensation claim against your employer is your legal right and using these "no win, no fee" services, you could get the compensation you are owed.