Why Legal Help Might Be Required for Work Accident Cases

Although health and safety standards in UK workplaces have improved significantly over the years, accidents can and do happen – and frequently too. Recent figures from HSE (2011/12) illustrate just how frequently workplace accidents occur and why you, as an employer or employee, should take workplace health and safety seriously.


Image: flickr.com/photos/brickartisan
  • 172 workers killed on the job
  • 111,000 injuries to employees reported under RIDDOR
  • 1.1 million workers suffered from a work related illness
These figures are alarming to say the least, so what should you do if you suffered an injury at work and who should you call? The first thing to do if you suffer an accident at work is record it in your employer’s accident book (all employers must have an accident book to keep track of accidents that occur in the workplace).

Although it’s your employer’s responsibility under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) to report the incident, it’s generally a good idea to check to make sure the incident has been reported correctly, and depending on the severity of the accident and the injuries that you have suffered as a result of it, you may want to file a claim for compensation.

Claims for compensation needn’t be filed immediately – compensation claims can be filed within three years of the accident – though it’s a good idea nonetheless to get in contact with a compensation claims solicitor, one who’s experienced and well versed in the type of claim you’re filing. This is important to take note of because there are numerous claim varieties that could be made in order to seek compensation for an accident at work.

What you’ll need to discuss with a solicitor
Once you’ve sourced a suitable solicitor and you’re sure you want to proceed with a claim for compensation you’ll need to establish the details of the case. Seeing that most solicitors work on what’s commonly known as a ‘no win no fee’ basis you generally won’t need to pay anything up front, though you will, however, need to establish the details of the case with them before they agree to take the case on. This is because they want to be certain that your compensation claim will be successful, since if it appears unlikely the claim will be successful they’ll be unable recover their expenses.

The details you’ll need to establish with a solicitor before they agree to take on your claim for compensation include the following:
  • Where, when and how the accident happened
  • The contact details of any witnesses who were present
  • The details of the injuries that were incurred by the accident, the medical diagnosis and medical treatment you have received
If you’re a member of a trade union this should also be discussed with a solicitor because in some, though not all cases, this might entitle you to reduced-cost representation or even free representation. This is the accident aspect of your claim for compensation, and in addition to the details of the accident and the injuries that you have suffered the solicitor might also need to see:
  • Proof of your loss of earnings and other financial expenses incurred by the accident and the injuries that you received, including medical expenses
  • Any other documents that could be used to support your compensation claim, such as documents detailing previous accidents that occurred in the same workplace or in similar circumstances
Once the solicitor has looked over the details you’ve provided they’ll then be able to judge whether your claim for compensation is likely to be successful, and in some cases, work accident solicitors will also be able to give you an estimate of how much compensation you could be entitled to. In addition to this, they should also explain to you the legal process involved and their fees if the claim for compensation is successful.

Compensation claims aren’t to be taken lightly, however, if you feel that you have a legitimate claim for compensation then pursuing the claim is worth the time involved because you won’t be out of pocket for the medical treatment you require to recover from an accident with the dignity that everyone in such a situation should be afforded.

About the Author:
Russell Worth Solicitors is one of UK's leading personal injury claim legal firm. Their work accident solicitors are members of the prestigious Law Societies Personal Injury Panel and the Association of Personal Injury Lawyers.

Share

Twitter Delicious Facebook Digg Stumbleupon Favorites More