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Why Use Personal Injury Lawyers?

An employer might have the most effective safety measures implemented to lower the risk of injury and harm to employees in the workplace, but accidents still happen. It may be that a workplace accident occurs due to the error of a coworker or because someone did not install safety signs after an incident of spillage. Whatever the cause, if you were involved in an incident at work and were injured without fault of your own you might be able to claim an amount of compensation from your employer. To learn more about the benefits and disadvantages of seeking compensation for injuries sustained at work, go through the following article.

The Positives to Claiming Compensation for an injury at work

There are many advantages of claiming compensation in the event of an accident at work that causes injuries, no matter if the injury you suffered was slight or much more severe some of which are given below.

Financial worries will no longer be an issue:

Injuries of any kind at work could result in the inability to work, whether for a brief period of time or much longer. Being unable to bring in a wage will put you under great deal of financial stress and paying monthly bills like a mortgage, rent and other living expenses that are essential to your life could become a real problem. The idea of seeking compensation for injuries that occur in the workplace, would alleviate any financial issues you’re faced with , allowing you to focus on healing from your injuries.

The cost of specialist care won’t be an issue:

The accident at work the incident you were a part of could have caused you to sustain severe damage that needs specialist care and therapy , regardless of whether the injuries you sustained were physical or psychological. The process of claiming an accident at work and being represented by an attorney on the No Loss No Fee basis, may result in access to specialists as well as consultants that you will not be responsible for costing. This kind of treatment can be vital to your recovery and could possibly speed up the process dramatically.

Treatment costs for your injuries should no longer be a concern:

Transporting to and from a hospital or other medical facility to receive the care and therapies you need for your recovery may be a stressful experience as the expenses can quickly escalate. A claim for compensation following an injury at work eliminates the stress of having you will pay for your travel costs off the table no matter if you’re traveling via train, car taxi, bus or other means. This is because you would be paid for all of your travel expenses , which will be considered in the “special damages” you are awarded on the successful outcome of an accident at work claim

You could be awarded general and special damages when claiming compensation for an accident at work:

The plaintiff will receive general damages and special damages in a successful accident in the workplace claim. General damages can be difficult to estimate because they are determined by the extent of your injuries, as well as you are able to perform as well as the extent to which your health and well-being is affected due to the injury you sustained from an accident at work. Special damages however, are easier to calculate as they are calculated based on “actual” expenses and costs that result directly as a result of being victimized in an workplace accident that caused you to be injured, which is considered in the amount you receive.

Receiving interim payment prior to an ultimate settlement could make your life much easier:

If your workplace injuries are so severe that you require permanent, continuous treatment and therapy or your work-related accident claim is so complicated that it may take several years to reach a settlement, having a solicitor represent you and manage your claim will guarantee that you receive interim payments before a final settlement is agreed by the parties involved. This could make your life a lot easier taking all the worries of paying bills as well as your mortgage, rent and other living expenses off your plate, allowing you to place your focus on recovering from the injuries that you sustained in an accident at work

Your worker’s rights are highly secured if you’re involved in an accident on the job:

Worker’s rights can be protected by the UK which is also covered should you be injured during a workplace accident which was not the negligence or fault of your own. Employers are not able to stop the claim of compensation you are entitled to for the discomfort and suffering as well the out-of-pocket expenses you’ll have to pay as a direct result of being injured in the workplace. If your employer objects to you making an accident at work claim, they could be in violation of the law and they could be in danger of further legal action being taken out against them. In this regard, you must always seek out additional guidance from an attorney or solicitor experienced in the field of employment law prior to deciding to make any other decision.

Your employer cannot sack you for seeking compensation for accidents at work:

Employers are not legally able to fire you because you seek the compensation you deserve for injuries you sustained in the workplace. If they do threaten you with the sack or redundancy, you could initiate legal action against them. An employer has to have a “valid” reason for showing you the exit following an accident at work which resulted in injuries that were minor or more severe

Your employer is legally bound by a obligation to safeguard you from injury and harm in the workplace.

All UK employers must abide by the regulations and laws that the government has set in place to keep employees secure from injury and harm. This means, that your employer must abide by all the Health and Safety Executive regulations and other legislation. If your employer fails to do so as they’ve violated the law, you’re entitled to the right to seek compensation if you are injured in an accident that occurred at work because of their inattention. Therefore, you must seek legal advice on how best to proceed

Employers are legally bound to carry liability insurance in the following areas:

Employers within the UK are required by law to have valid liability insurance that provides the legal minimum required cover o PS5 million. The policy should be prominently displayed at the workplace for all to observe. If you file an accident at work claim, it is your insurance company’s official insurance company who handles your case and it is the insurer who pays the amount you are awarded. It is important to note that if an employer not be covered by liability insurance, or the policy is provided by an insurance provider that is not “recognised” and enforced by the appropriate authority is empowered to assess hefty fines against the employer, which could amount to as high as PS2,500 per day.

An experienced solicitor through Work Accident Advice Centre who is skilled in handling accident at work claims will ensure that you are provided with the proper amount of compensation:

A firm of solicitors that is experienced in representing employees in an accident at work claim against an employer, will do their best to ensure that you are awarded the level of compensation the injuries you suffered are meritorious, bearing in mind that the negotiations are conducted between your employer’s insurance providers and the solicitor due to the fact that almost all personal injury claim (95%) are settled prior to when they are considered by judges. This is referred to as being “settled outside of court” or a “Part 36 Offer” which is a proposal made by your employer’s insurance provider directly with the solicitors’ firm that handle your accident work claim.

95% of personal injury cases, including those that are work-related are settled outside of court:

As mentioned previously, should an attorney think that you have a strong claim against an employer, this usually means that your claim will not be challenged. In short, your employer’s insurance provider would choose to settle your claim prior to it gets to a judge by submitting a Part 36 offer which can expedite the process significantly

Working with a solicitor on a No Win No Fee basis provides many benefits and advantages:

Employing a solicitor who has signed an No Win No Fee agreement with them has many advantages and benefits , the first being that you won’t need to come up with the money to pay for legal representation when you require it most. You only have to pay an agreed “success fee” in the event that your claim is confirmed. Another benefit is that your claim would be evaluated for free during the initial consultation whether it is via phone or the face-to face meeting, based on the complexity of your case

The negatives of claiming compensation In the event of an injury at work

A solicitor should carefully evaluate your claim prior to agreeing to represent you on the No Win No fee basis. If they decide that you’re not qualified for the services of a solicitor with a No-Win No-Fee service, they’ll typically provide a reason the reason. It could be that you cannot provide sufficient information in order to “prove” that you are entitled to the service or that the statute of limitations that is required for a personal injury claim has expired or is nearing expiration. In short, the time remaining would not be enough for lawyers to gather all the evidence required in order to establish your claim. to ensure that no key elements of an accident claim are omitted

Finding all the evidence you need can be complicated and time consuming:

For an accident at work claim to stand up in court, you must show that you have the fullest evidence that the injuries you suffered resulted from negligence by your employer or the error of a colleague. With this said, even if you are partly responsible for the incident and the injuries you sustained could be entitled to receive compensation since your employer may be considered to be partially responsible. If this is the situation, the amount you receive would reflect the amount of liability you are deemed to have suffered in sustaining your injuries. This is referred to by the term “contributory risk”. A good example is that the court determines that you’re at least 25% responsible for the injuries you sustained and awarded you a sum, the amount awarded would be 25% lower than if you sustained your injuries not through fault of your own, instead, due to the negligence of another party, specifically your employer. The evidence needed is as follows:
A record of the accident as detailed in the book of accident reports or by other official source
The official report of your injuries that you have sent to RIDDOR should the injuries you suffered be “reportable”
A medical report that details your injuries , provided by a medical professional
Witness statements in conjunction with contact information for them
Video footage from the incident should this be available
Photos of your injuries – preferably prior to any treatment
Photos of the scene of the accident

Complex claims arising from workplace accidents can take years to settle:

In the case of extremely complex claims for injuries at work it could take several years for a settlement to be agreed by the parties concerned. The reason could be that the injuries that you suffered were so serious that you require continuous treatment and therapy. Another reason is the fact that your injuries are catastrophic and, therefore, life-altering, in which case you’d be granted interim payments prior to you receive a full settlement for the injuries sustained as a result of an accident at work. The interim payment would be determined on your behalf by a seasoned lawyer for accidents at work, with the ultimate goal of to make life as effortless as is possible for you.

There is a strict 3-year duration for accidents at workplace claims:

There is a rigorous 3 year personal injury claim time frame that must be adhered to. If you do not file a claim before the statutory deadline expires, may result in losing out when you are awarded settlement for injuries that you sustained in a workplace accident. This includes if you have proof that proves that the accident could have been compensated if your employer had put in place all reasonable and appropriate steps to keep your safety from harm during your occupation. Even if only a few months left on the statutory time limit the solicitor might choose not to accept the claim under a No win, no fee basis because there isn’t sufficient time for gathering all the evidence necessary to file an accident claim against an employer who is negligent.

The appeal process for a court decision if your claim for compensation from an accident at work fails is a lengthy out and complex legal process:

If you lose your injury at work claim, submitting an appeal to a court decision is a lengthy and complex legal process. The steps required before being able to appeal are best left to an experienced lawyer because if you fail to meet the initial test the judge will not agree to hear appeal. This is why it’s best to discuss whether or not you should appeal the claim with an experienced lawyer experienced in accident and work who will be most qualified to let you know your chances of success when appealing an injury at work decision.

You may not be awarded the level of compensation you had hoped to receive:

If you’re disappointed by the outcome of your accident at work case because you feel you deserved more in the way of compensation than you were awarded then you must discuss your concerns with your lawyer who might suggest you file an appeal against a ruling of a court.

It would be fair to say that the advantages outweigh the negatives when it comes to getting compensation for accidents at work. Responsible employers would always ensure that their employees are safe from harm and injury within the workplace, but accidents do still happen. Recovering compensation for injuries suffered due to negligence is a justified way to be treated in a responsible way when you are injured as a result of an accident that was caused by no or no fault of the employee’s.