Workplace Accident Compensation Claim
No Win No Fee

Several aspects of the work you do and your daily work environment are considered the responsibility of your employer. Essentially, this includes all the aspects of the work that may increase the risk of a workplace accident.

First and foremost of course is the condition of the workplace; such as, if it is well lighted, well ventilated and so on. All reasonable safety precautions need to be taken by the employer and suitable safety devices such as gloves, goggles, any safety harness as required and as applicable are to be provided to you for doing the work.

Proper equipment and tools have to be provided to you for carrying out the work properly. If there are any risks involved in any particular operation or a job step, employees need to be informed beforehand. Notices to warn of such hazards also would be required. Needless to say, appropriate training must also have been given to you before you started on the work. If your co-workers have not been trained properly or they have been drunk on the job, thus increasing the risk of your meeting an accident, it is still a liability of the employer.

What you need to do obviously depends on whether your employer has not been careful about any of these aspects and has thus increased the risks of an accident which makes them liable for compensation. Your claim thus has to establish the negligence of your employer on one or more of these aspects, so witnesses and the evidence that you gather will serve to establish the facts.

One of the most crucial aspects of a claim would be to establish “negligence” on the part of some one else, other than you. Negligence is failure to take reasonable care to prevent accidents. Reasonable care is defined as actions that would be taken by a prudent person under similar circumstances. If your own actions led to a workplace accident, then of course there is no liability. So, for establishing the facts leading to the accident you would need witnesses, photos, documents etc that establishes the liability of the employer for the accident. There can be situations where you may be partially responsible for causing the accident. But if there are factors that the other party should have taken care to avoid, you could still make a partial compensation claim.

Injuries will have to be substantial to raise a claim. Something that healed in a few days without much medical cost does not rate a claim. With anything substantial happening, one can make a claim within 3 years of the accident. Most often claims are settled in a period of 9 to 12 months on an average, working through a claim solicitor. Insurers of the liable party will usually settle out of court. That saves the legal costs of not only the liable party but also your costs when you win. Only about 3% of the claims end up in court eventually.

If insurers are so interested in settling claims, does one need a solicitor at all? That would be a valid question, except that if you make a claim directly to the insurer they tend to settle it for as little as possible. Whereas an experienced solicitor would know exactly how much a good compensation level is. A medical examiner’s report establishes the extent of the injury in the workplace accident and is forwarded to your injury solicitor as well as the insurer for your employer. With the solicitor working on a “no win no fee” basis, there are no further hassles associated with the process.

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