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Accidents at work are one of the most common types of personal injury claims. It is not just people in dangerous jobs or those involving high risk activities who suffer accidents at work. The most common accidents involve ordinary people doing everyday tasks.
The Health and Safety Executive (HSE) is an independent watchdog that monitors job-related health and safety as well as illnesses that are caused by work. The latest figures from the HSE show that in 2000/10, 28.5 million working days were lost because of work-related ill health. 5.1 million of these were caused by accidents at work.
If you have an accident at work, you should make sure that you report the accident using the reporting procedure available in your workplace. Your employer is required to keep a record of any workplace accidents by law. Your employer must also report any serious accident to the HSE.
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At The Injury Lawyers we have never paid a referral fee for any of our client’s claims. In fact, there are no circumstances under which we would pay a referral fee for a claim. It is simply not how we operate.
A referral fee is a fee paid to a third party in return for an accident victims details where this person has been involved in an accident and likely has a potential claim for compensation. Usually a solicitor will pay an insurer or claims management company and they will give them contact details so that they can hopefully get the victim on board to make a claim, and in the long run make money from doing so.
Typically a referral fee will cost anywhere in the region of £200 to £1,000. By paying a referral fee a solicitor has demonstrated that they are wanting to act on your behalf to make money. For example, your case could be worth £10,000 to £20,000 to your solicitor who has paid £1,000. As you can see, a good profit can be made and it is in their interests to get hold of your claim at this price so that they can benefit in the future.
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What Does a No Win, No Fee Agreement Mean?
The cost of making a claim can run into thousands of pounds; but this should not put you off making a claim. Although your solicitor can give you an idea of whether your claim will be successful, it is rarely possible to be 100% certain unless you have been hit in the rear by another vehicle whilst stationary, or you were a passenger in a road collision.
Legal aid for most personal injury claims was abolished in 2000 and a different way of funding these claims was introduced – the no win, no fee agreement.
This is an agreement that means that, if your claim is not successful, you will not have to pay a penny to your solicitor for their fees. Under this agreement, if the claim is unsuccessful your solicitor will do the work for your claim without any payment from you for their fees;. The way that claims are now funded means that solicitors can charge an additional fee to the defendant – a ‘success fee’ – when they win. This extra amount is used to pay for those claims that aren’t successful. This means that there is no reason for a solicitor to charge you for their costs whether you win or lose and you should always avoid using a solicitor that will take any money out of your compensation.
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At The Injury Lawyers we often come across individuals who have been involved in road traffic accidents. In the vast majority of cases they are able to provide some details for the negligent third party and we are able to progress their claim for compensation straightaway.
But, what if you have been involved in a road traffic accident whereby you have been injured through no fault of your own, but the other driver has no insurance? If the negligent third party had insurance you could claim compensation from them – but this uninsured drier may not be worth suing personally. Does this mean that you cannot make a claim for compensation?
No. That would be unjust. It would be highly inappropriate if it were the case that your having no insurance meant that you did not have to pay someone you have injured any compensation. Instead, a claim for compensation is pursued through the Motor Insurers’ Bureau, more commonly known simply as the ‘MIB’. This compensation fund was set up in 1946 to provide compensation for those drivers who had been injured at the hands of an uninsured driver. So, even where the negligent third party has no insurance, you can still be compensated for your injuries; the only difference is that the money is coming from the MIB and not the negligent driver’s insurers which it typically would.
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If your holiday abroad is ruined because of an accident or illness that is caused by the negligence of someone else, it is possible that you could still make a successful claim here in the UK.
In general, if you have an accident abroad, you would usually only be able to claim compensation by making a claim in that country under their laws. This can be very difficult and expensive – especially if the legal representatives in that country do not work on a no win, no fee basis. There are often language barriers, the law may be completely different, and you may have difficulty dealing with a legal representative who could be thousands of miles away.
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Making a claim for compensation for injuries arising out of a relatively straight forward road traffic accident is both easy and fast. Whereas a couple of years ago you could be waiting months, probably years for your compensation, it is now likely that you will receive your compensation in a few weeks or a couple of months. This is because since April 2010 there has been a new system in place which has streamlined the claims process making it both more efficient and more effective.
Under the new system your legal representatives submit a Claim Notification Form to the negligent party’s insurers via a Ministry of Justice online internet portal. The Claim Notification Form (‘CNF’) details your accident, your injuries, and the Defendant’s contact details amongst other relevant particulars relating to the accident. This is submitted online and the Defendant’s insurer has 1 business day in which to acknowledge receipt of your CNF. Once acknowledgment has been received, the Defendant’s insurer has a further 15 business days to admit or deny liability for your accident. It must be stressed at this point that is quite common for admissions of liability to be received within just a few days. Most insurers, where they know that the Defendant clearly was at fault, will just hold up their hands and admit liability as quickly as possible. This means that your claim can be progessed much faster; but in any event, within 15 days you should know one way or the other whether you will be paid out or not.
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If you have been injured through no fault of your own, but through the negligence of a third party, it may be that you wish to be compensated for your injuries and suffering. In most caes, although you are aware that you could be entitled to compensation, you are not exactly sure as to how you go about getting this compensation payout. This blog offers a quick guide as to how to go about making a claim for compensation, and the process thereafter.
The first thing you should do is seek medical attention for your injuries. You have to look out for number one and make sure that you’re properly advised by a GP or qualified expert. At the end of the day, this will put you back on the road to recovery and ultimately lessen your pain and suffering. However, once you have seen your medical expert, you should look in to instructing an injury lawyer to pursue your potential claim for compensation.
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What To Do If You Have A Car Accident
Firstly, make sure that you and your passengers are safe and that it is safe to leave the vehicle. However annoyed you might be, don’t lose your temper with the other driver; the reason we have insurance is because accidents happen.
Exchange details with the other driver. Make sure that you obtain the registration, make and model, including a brief description of the type and colour of the car and any obvious damage caused by the accident. Do not rely on the other person to provide the details – check that the registration number is correct. Ask for the name of the driver and who the owner of the car is. Exchange names, addresses, phone numbers and details of insurance companies. It is a legal requirement for a driver to provide this information after an accident.
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Uninsured And Untraced Driver Claims
It’s estimated that there are between 1.5 million and 2 million uninsured drivers on the roads in the UK. What happens if one of these drivers causes or contributes to an accident?
The ‘Motor Insurance Bureau‘ (MIB) exists to prevent the injustice of an injured party being unable to claim compensation if they’re the victim of an uninsured drivers negligence. The MIB steps in where the driver responsible for the accident has no valid insurance policy to cover the cost of the accident. The role of the MIB is almost to act as the insurance company for the uninsured driver.
The cost of running the MIB is paid out of a central fund from contributions from all the insurance companies that provide motor vehicle insurance in the UK.
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Accidents At Work? Know Your Rights!
We spend a large proportion of our lives at work – so it comes as no surprise that a high number of personal injury claims result from accidents that happen when people are at work.
Your employer has a legal duty to look after you. An old case decided in 1937 between a mineworker called Mr English and his employers, Wilsons & Clyde Coal Company, set out the extent of this duty.
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