Unsure Whether To Make An Accident Claim?
Being injured in any sort of accident as the result of another person’s negligence is frustrating and distressing and the consequences can be far reaching. There is the obvious physical pain, but the trauma can be longer lasting, as can the treatment, care and inability to work resulting in financial problems. As a result of these reasons, making an accident claim might be the right step to take after being injured. Unfortunately, many people find the process of making such a claim confusing and aren’t entirely sure of what to do.
The first obvious step before launching an accident claim is to ensure your injuries have been appropriately treated. This is obviously helpful for your physical and mental recovery but also helps your accident claim by providing a record of injuries sustained.
If your injury takes place at work it is important the health and safety officer is notified and that the accident is logged in the company’s accident book. You should also report the injury to your trade union, if appropriate, as they may be able to support you in your accident claim and recovery.
Many people find themselves incurring additional expenses in the period after an accident such as for taxis to hospital or doctor’s appointments and early physiotherapy treatment: keep receipts because in the event of an accident claim you may be able to reclaim them.
It is important to contact an accident claim solicitor as early as you can once you’ve made the decision to claim because in some cases the evidence you require could disappear. This is particularly important in cases of slip and trip accidents caused by poorly maintained pavements because once the pavement is repaired your evidence is lost.
You may be attracted to claims management companies which advertise on prime time TV offering accident claim services on a no win no fee basis. But please think carefully before accepting the offer because the personnel in such companies are not solicitors, rather the companies auction details of claims to high bidding law firms as though they were a mere commodity. All of that means that your element of choice in who handles your claim is removed. Potentially you could be given a poor quality solicitor. If cost is an issue, remember that many law firms who you contact directly rather than through an accident claim management company will offer services on a no win no fee basis. Additionally, trade unions often help with legal fees in the event of workplace accident claims.
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Making An Accident Claim
Wherever you go, to work, to the shops or out on the street, someone owns the land or building. That person has a responsibility to protect the health and safety of the people visiting, using or working on the premises and the land surrounding it, as far as is practicably and reasonably possible.Therefore, on the unfortunate occasions when the owner fails in this responsibility and someone is injured, that person may have the right to make an accident claim for compensation. The goal of the accident claim would be to obtain an admission of liability, perhaps an apology and some monetary compensation for the injury and the financial loss it may have caused.
Because the entire process of making an accident claim can be long, complex and stressful it is well worth consulting an experienced solicitor. Their experience in this area of the law should mean that they are able to take the case on your behalf allowing you to concentrate on your recovery.
Some of the most common injuries which lead people to make an accident claim in Britain are slips or trips. The sad thing is that they are entirely avoidable but can cause serious injury. it is not uncommon to injure the ankle or knee or even back or head in a slip or trip. More often than not somebody is to blame in such accidents which may be caused by tripping over carelessly placed items, slipping on unmarked slippery or wet floors or tripping on broken pavements.
Because there is a legal responsibility to protect the health and safety of building and land users, somebody is responsible when an accident does happen. Victims who believe that a third party was to blame for their accident should get the advice of an accident claim solicitor as a priority. Whilst the idea might seem confusing and scary at the moment, with the help of the right solicitor, an accident claim can be your road to justice, an apology and compensation.
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Employees More Aware Of Their Rights: 12% Work Accident Claim Rise
A leading accident claim firm has released figures showing that it observed a 12% increase in the number of workplace accident claims between 2008 and 2009. Although there are many types of accident claim and workplace incidents are certainly not the most common, the rise presents interesting questions. Whilst it’s possible that the number of accidents and injuries has increased, it is actually more probable that workers are simply more aware of their rights.
Every single employer has the legal responsibility to avoid injury and protect workers’ health and safety by providing appropriate protective equipment and safety guidance. An employee is entitled to make an accident claim if they are injured as a result of their employer failing in this duty. High profile accident claim cases reported in the media have encouraged workers to become more aware of their rights.
In the past, workers were disinclined to make an accident claim following injury at work, fearing recriminations and believing the process to be too daunting and complex. Sadly, as a result, too many returned to work too early due to financial worries, making their injuries worse. It is now the case though that employees better understand their rights and the fact that they cannot legally be penalised by their employer, so more make claims. Injured workers are no longer suffering in silence, they are receiving the compensation they deserve to alleviate their financial worries and they are allowing themselves to recover adequately before returning to work.
This increase in accident claims has driven many companies to conduct thorough reviews into their practices and policies governing health and safety. If this rise in accident claims has gone some way to encouraging companies to be as thorough as possible in their duty to their employees’ health then perhaps injuries can be prevented and lives saved.
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Process For Making A Road Traffic Accident Claim Set To Change
Plans by the Ministry of Justice to streamline the process of making a low cost road traffic accident claim, which were announced last September have come to fruition. New regulations will be coming into force at the end of April with the aim of speeding up the process. This will come as welcome news for those victims who typically have to wait many months to discover the outcome of their accident claim. Now that the new regulations will ensure they are compensated as early as possible, they will be able to move on from the accident.
Under the new system, the road traffic accident claim payout is made to the victim as early as possible. Before the introduction of the new regulations, victims often suffered financial hardship through having to miss work because of their injuries. The new rules will mean they receive the money to which they’re entitled more quickly, avoiding financial insecurity.
The new procedure is also much simpler, reducing stress for the victim. Solicitors and insurers will now be obliged to use a web portal to enable the fast and secure transfer of information pertaining to the claim.
In the past, it could take several months just to establish liability. However, fixed time limits are an important part of the new regulations. As a result a claim can now be approved within just one month of liability being established.
The regulations will be used for any road traffic accident claim worth between one and ten thousand pounds. It is the belief of the Ministry of Justice that the new fixed cost structure and rigid deadlines that will accompany it will be beneficial to victims. This is because the reduced timescale and simplified process would cause significantly less stress for the victim, who is already dealing with a very traumatic time.
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Advice on Claiming Compensation for Accidents at Work
ACCIDENT IN THE WORKPLACE .If you are involved in an accident at work, it will be necessary for you to show that your injuries were caused by the negligence of your employer. Your employer is also responsible for the actions of work colleagues who cause accidents involving injury. Please remember that you have an obligation to make your employer aware of any accidents, which occur whilst at work. This information should be properly recorded in the Accident Book. Please note, your employer cannot terminate your employment if you make a claim for compensation. If you are in any doubt or concerned over this, we recommend that you consult us immediately. If you are an employer, self-employed or in control of work premises you are required under RIDDOR to report some types of work-related accidents and accident at work, diseases and dangerous occurrences. Reporting accident at work and ill health at work is a legal requirement under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.
The information gathered helps the Local Authority and the Health and Safety Executive (HSE) to identify where and how risks arise and to prevent reoccurrence and prevent further pain and suffering to employees. You must report all of the following:. A death .A major injury .An over-three-day injury (this is when an employee or self-employed person has an accident at work and is unable to work for over three days, but does not have a major injury); A work-related disease A dangerous occurrence.Where a member of the public is taken directly to hospital.How Soon Do I Have To Report The Incident? All time limits for reporting accident at work vary depending on the severity and the guide below should be followed. Where the accident has resulted in someone’s death or a major injury we need to be notified immediately.Over 3-day injuries need to be reported within 10 days. As soon as possible after the doctor diagnosis a work related disease. Dangerous occurrences need to be reported immediately.Have you suffered an accident at work? If so, you may well be able to claim compensation from your employer's insurance company.
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Making An Accident Claim Following Your Workplace Injury
Following car accidents or slips and trips on local council maintained property, making an accident claim is very often the logical course of action to compensate victims for their injuries and any loss. However, it is also possible to make a work accident claim in the event of being injured in a work accident that wasn’t your fault.
The notion of making a work accident claim isn’t as familiar to everyone as other types of claims and many people feel afraid to make one, worrying about the repercussions of claiming against an employer. There is no need to worry though, if an employer has failed in their duty to protect their employees from injury and an accident claim is made then they cannot legally sack the employee without reason. What’s more any compensation money comes from the insurance that the employer has, so the claim poses no threat to the company or the security of the jobs of other employees. Victims shouldn’t feel bad about making their accident claim: the point of compensation is to relieve the financial burden of taking long amounts of time off work to recover from injury.
Work accidents can take a variety of forms. Injuries sustained in offices, factories, warehouses, building sites, restaurants, shops or even on farms can all come under this umbrella term. Should driving play a part in a victim’s job then an accident which happens in a car, van, forklift or lorry may count too.
In an ideal world, employers would all comply perfectly with strict health and safety laws so that their employees could be protected from any risk of injury. Sadly though, accidents do happen. Some typical examples are accidents in fork lift trucks or on ladders and scaffolding.
Anybody who is unsure about whether they have a case for their workplace injury should consult an accident claim solicitor. If you have a case it is important to be aware that victims must start their compensation claim within three years of the accident happening. That is, unless the victim is a minor, in which case they have three years from the date they turn eighteen to make a claim. Industrial disease has different timescale limitation rules to workplace accidents.
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Injuries from Defective Products and Your Accident Claim
When a person is injured in an accident that is not their fault, they commonly make an accident claim these days. The accident claim aims to win them compensation for their injury and any loss they suffered as a result of it. Because many accident victims are forced to take time off or even leave work to recover from their injuries, the money won is very important. Road accidents and slips and trips are the more common accidents that lead to some sort of accident claim. But also lots of people find themselves injured every year because of defective products and services.
The victim of any injury caused by a defective product or service is protected legally because the provider of that product or service had a responsibility to protect the consumer from accident or injury. This is comparable to local council’s duty to ensure members of the public are protected from such dangers as potholes or loose paving stones.
When solicitors talk about defective products or services, there is a great variety of the sorts of things they are referring to. Injuries could arise from defective work tools, food poisoning after eating out, faulty home equipment, furniture or toys, dangerous cars, inadequate car repairs or carbon monoxide poisoning, amongst many others.
When making an accident claim, the accident claim solicitor will first work to establish who is legally responsible for the defective product or service. The person responsible could be one of a long list including the manufacturer, the importer, a landlord or an employer.
Following the identification of the responsible person or party, it is necessary to obtain medical records of the injuries. The medical records form the basis of the evidence in the claim. Other evidence might include a technical report which might explain why the product was defective.
The accident claim solicitor will then proceed to pursue compensation on the victim’s behalf. This means that the victim can concentrate on getting over their injuries and getting back to normal.
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Accident Claim Law and Construction Sites
Construction sites are perhaps the most dangerous place to work. The high risk of injury coupled with the fact that construction workers rely on their physical fitness to earn money means that accident claims are common.
Some of the many dangers posed by working on construction sites include, physical strain from the work, exposure to dangerous materials including asbestos, heavy machinery and working at height. Because these dangers are present in the daily working environment, employers and site managers alike have the legal responsibility to equip employees with up to date, correct and appropriate safety information and equipment. Employees must also take the recommended breaks to ensure they have maximum concentration.
The Health and Safety Commission is responsible for safety regulations in Britain. This commission works with the Construction (Design & Management) regulations 2007 to ensure that risks are minimal in the construction workplace and to reduce the risk of accidents.
Workers who are injured on construction sites will have a right to make an accident claim if they can prove that their employer failed to respect health and safety rules or didn’t fulfil their duty to safeguard employees. In the event of injury, the victim should gather together as much evidence as possible including the names and addresses of witnesses. This is especially important because the construction site is an ever changing environment and it is possible that the cause of the injury will be removed as the building process progresses.
Should an individual be injured on a building site, it is vital to consult an accident claim lawyer. This is simply because injuries might mean that a construction worker is unable to work for several weeks or even months, with the potential for an injury to make it impossible to work again. In such situations it is not uncommon for employees to fall behind on mortgage payments and household bills. In these cases the money won in compensation is all the more vital. Also, accident claim law is very complex so a solicitor can advise. Also remember that you cannot be sacked for bringing a compensation claim to your company for a personal injury.
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The Very Basics of Your Accident Claim
Because UK accident claim law is relatively complex it is advisable to consult an accident claim solicitor. Despite the complexities, the victim of the accident has the right to be aware of the accident claim process and whether or not they have the right to make a claim, even if their understanding is only basic.
It is estimate that two million of the eleven million accident which lead to personal injury each year are caused by another person’s negligence. The law therefore allows victims of such accidents to make a claim for money to compensate them for injury and loss caused. This sort of claim, known as a personal injury or accident claim goes through the civil courts.
Most solicitors work on a no win no fee basis. As a result, only cases with a reasonable chance of success will be taken on. There are various factors which affect chance of success and right to make an accident claim.
The first issue is the timing. A limitation period of three years means that if the accident happened over three years ago it is incredibly likely to fail. However, if the injured party is a minor, their limitation period will only begin on their eighteenth birthday.
The type of injury sustained in the accident and whether they were treated or recorded by a doctor also impacts on the claim. Doctor’s notes made at the time of injury will play a pivotal role in the case. Seeking prompt medical advice is therefore incredibly important.
The success or otherwise of the case will also depend upon any witness accounts. Liaising with police and service people who attended the accident will be the responsibility of the solicitor working on the case. Any other witnesses are also helpful. For the best chance of success, witnesses should make a statement quickly, whilst the events are fresh in their mind. That said, the victim themselves should never collect statements. Collecting names and addresses of witnesses is advisable, though.
Finally, other evidence aside from the statements made by witnesses will play an important role. It is helpful to take photos of the injuries and the scene of the accident. Keeping a daily diary during the recovery period will be useful too. Any receipts for costs incurred by the injury should also be presented to the solicitor.
Although accident claim law can appear complex, all accident victims should know a little about the claims process and their rights. This information is meant only as a brief guide, seeking the advice of an accident claim solicitor is still very important.
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Advice For And Accident Claim With Compensation
When you file an accident claim there are many things which can determine a successful or unsuccessful outcome.
How Long Ago Was The Accident?
You will be hard pressed to find a solicitor that will represent you if your accident occurred more than three years ago. Your accident claim will become statute barred if it has not been settled personally or in a court of law within this limitation period. Although there have been known to be exceptions to this rule in extreme cases. For example, if you are claiming against someone under 18, the three years only begins once they turn 18. There are other exceptions and accident claim advice should always be sought in regards to matters relating to limitation.
Injuries Sustained
The doctor who originally treated the injury will hold medical details, which are of paramount importance when making an accident claim. It will be used by the solicitor throughout the case to ascertain what injuries you need compensating for. This is why it is so important that you have a medical check-up immediately after n accident either in a hospital or at your local GP’s surgery.
The Police.
The police who witnessed the accident or arrived at the scene in the immediate aftermath will communicate with your solicitor. The police report will be used as evidence so your solicitor will gain a copy of this. A policeman may be called to give evidence in any civil court case for damages if necessary.
Witness Statements
Sometimes there are witnesses and it helps if their statements are collected immediately. If you have a supportive witness statement this will help a lot in a case. However if you personally collected the stamen then it will be considered invalid. A solicitor or a private inquiry agent employed on the client’s behalf will usually obtain signed statements which will verify the client’s version of events.
Evidence.
There is a positive correlation between the amount of evidence collected and the success of the accident claim in most cases. It is recommended that victims take photos of the scene, any damage and any injuries. If you are claiming compensation for injury then you should keep a diary if recovery and pain. This should include any entries on what kind of activities you can no longer enjoy, or how the pain intrudes on your ability to enjoy a ‘quality” life.
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