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Archives

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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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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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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It’s a lovely day today – let’s hope the weather stays nice over the four day weekend – give us a taste of what’s to come over this summer (hopefully!). But, anyone’s day and summer can easily be ruined when you end up injured in an accident through no fault of your own! Nowadays, it’s easy to end up injuring yourself – but it’s also an easy process to make a claim.

Help! I’ve been injured in an accident that wasn’t my fault!

Been hit in the rear by another car? Fallen down in a supermarket on a wet floor where no signs or preventative measures were in place to warn you of the hazard? Or been injured at work because your employer failed to properly train you for a particular task? If the accident was not your fault, but the fault of someone else (a company, or a person), you have the first ingredient in place to make a successful claim for compensation.
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OK – so you are a UK resident, and you unfortunately end up injured abroad whilst you were on your jollies or away on a business trip. The accident wasn’t your fault – you’re injured, upset, inconvenienced, and have lost out financially. What do you do?

You may still be able to have a claim using an English lawyer

In most generic circumstances, if you have an accident abroad, you will need to speak to a foreign lawyer or a UK based foreign law specialist about a claim. Foreign laws are different, and it’s a problem for most firms because of the differences in jurisdiction.
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This is a common question I am asked by new clients I have provided advice to after they have confirmed they are happy for us to deal with their claims. In all honesty, it’s a difficult question to answer.

There is somewhat of a misconception amongst people that all claims go to court. This isn’t the case – in fact, most claims don’t get anywhere near court. So, never be put off from claiming because you are worried about having to stand up in court and give evidence in front of a judge and a jury.
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How long’s a piece of string? The answer is actually twice the length from the middle (for the string); but the answer as to how long your claim will take is actually a very difficult question to answer.

I appreciate that you probably want a better response – well, I can certainly give you some guidelines that should provide you with an idea as to how long your claim may take; it’s all dependant on a number of factors.
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I was doing a regular shop over the weekend at one of my favourite supermarkets for something to have for Sunday dinner. In the end, we decided to go for a Chinese instead! But that’s irrelevant: as I was exiting the store, I suddenly tripped. I didn’t fall – I managed to step back in to stride and didn’t injure myself whatsoever. Before I even looked down to find out what hazard almost had me lying on the floor, my brain had already registered it from the feel of it on my foot at the moment I tripped; a scrunched up section of carpet surrounding a flower display.

The section on the edge of the carpet had, for whatever reason or another, scrunched up and caused a lip – and subsequently a tripping hazard. Having been in this industry for years, I automatically said (quite out loud) “that’s a claim!” The concerned look on the faces of the two staff members nearby as they flattened the carpet back down to remove the hazards was rather priceless!

This whole minor incident did serve to remind me of something – just how easy it is to end up injured whilst out and about doing your daily business. I could have ended up falling on my knees and sustaining considerable damage to the ligaments and tendons inside my knees; I could have broken a bone; I could have knocked my head and been out cold for minutes, or even hours. Ultimately, the ‘what ifs’ of this incident are often the result for many of our injured victims here.
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OK – so you’ve had an accident that wasn’t your fault. Perhaps you were hit from behind by another car, you fell in a supermarket, or you have been injured at work. If the accident wasn’t your fault, you are entitled to make a claim for compensation – and you should be successful.

The problem is – what do you do? You probably know that you should always get a lawyer involved; but with so many of us out there, who on earth do you chose? I can’t make this decision for you, but I can give you some advice on what to look for to make sure you get the best service and 100% compensation guaranteed.

First things first – make sure you do actually get a lawyer. Never deal with the third party (person / company at fault) directly, and never deal with their third party insurers, claims handlers, or solicitors directly either. You must get an injury lawyer to represent you – otherwise, you are flying solo with no one to represent you and look out for your best interests. It’s highly likely you will end up with an under settled claim.
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The workplace can be a pretty dangerous place to be in; particularly if you work in a factory or on a constructions site. The dangers we could potentially face in the workplace are minimised or cleared by the numerous amounts of Health and Safety rules and regulations that all employers and employees are legally required to adhere to. In theory, if all employers and all employees stick to these rules, the amount of compensation claims being made would be very small.

When your employer fails in the important duty of care they have for your health and safety, and you are injured as a result, you are entitled to make a claim from the insurance your employer has a legal responsibly to have in place.

So – what can they fail you on, and when can you make a claim?
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