Accidents at Work. Personal Legal Services

Transcription

1 Accidents at Work Personal Legal Services

2 This information relates to the law and procedures in England and Wales. Please contact us if you need advice about the law and procedure in other legal jurisdictions. I would like to thank you for all of your help in bringing this claim to a successful conclusion and compliment you on the professional manner in the way you carried out your work. - Alan 2

3 We have handled thousands of injury cases on behalf of clients who have been injured at work, including trade union members. Introduction Our reputation in successfully claiming for industrial work accidents and workplace injury makes us a formidable force and recognised leaders in our field. Your employer must provide the correct health and safety advice, training, protective equipment, protective clothing and first aid facilities to keep you safe at work. If you have been involved in an accident caused by a failure in any of these areas, you may be able to make a claim. Regulations on workplace safety exist to cover a range of work accidents including: Accidents while lifting or moving heavy loads Accidents while using machinery Accidents caused by a lack of safety equipment Falls from height Tripping and slipping. Wherever you work and however you have been injured, Irwin Mitchell s team of specialist workplace accident lawyers can help you seek the compensation you need to ensure your future is protected. As well as helping you claim compensation, we can help with your medical treatment and rehabilitation. This can involve liaison with NHS staff, helping you access private healthcare and advising on any lifestyle changes you need to make after an accident, such as installing ramps at your home or buying a more accessible car. At all times during your claim we will keep you up-todate with what is happening and use plain English. We understand that making a claim can seem daunting so we will do all we can to make the process as stress-free for you as possible so that you can concentrate on your recovery. 3

4 Why use Irwin Mitchell? Irwin Mitchell is one of the largest and most experienced personal injury law firms in the country, and every year we recover millions of pounds for people who have suffered in this way. Our service Our highly specialised team combines powerful legal arguments with care and consideration to ensure the best possible outcome for you. Our friendly professional service includes: Ensuring specialist employment solicitors give you advice about your employment rights if you are worried Arranging for you to receive the best support for your recovery and rehabilitation Asking the court to pay some of your compensation early if needed so that you can receive private medical care and treatment, and to help you to pay your bills if you cannot work due to your illness Expert advice on state benefits, employment rights and other financial issues Help if you need it from solicitors in our other departments such as financial planning, personal injury trusts, wills advice and power of attorney. Campaign for improvements We also have a long history of campaigning for improvements in health and safety. Our aim is to improve the quality of life and levels of compensation for those who have suffered illness at work. To talk to a specialist advisor today simply call free on: or visit: you can also follow us on 4

5 When can I make a claim? You must normally bring a claim within three years of the date you were injured at work. Variations If you were under 18 years of age when you were injured, you can claim any time up until your 21st birthday. When accidents happen outside England and Wales, time limits may be less. The sooner you contact us the better we are able to prepare your claim, and the greater your chances of winning will be. Do I have a case? If you are unsure whether you have a claim, you or a family member just need to pick up the phone and talk it over with us. We ll assess your case free of charge, tell you what we think and then you can decide if you want to go ahead. We can also offer a Free Legal Health Check if you already have an on-going personal injury case with another lawyer and you have concerns about how your case is being managed. We are frequently asked to take over cases for clients who have not received the level of service that they expect. In these situations a lack of experience of dealing with specialist cases can lead to significant delays, a failure to obtain important interim payments and the possibility that cases are undervalued. This can mean that you miss out on the opportunity to take advantage of targeted rehabilitation and fail to receive all of the care, therapy and equipment that you need in order to obtain the best quality of life that is possible post your injury. It is fine to seek a second opinion from another solicitor or barrister, and changing your legal representation should not normally cost you anything. What are my chances of winning? We have a long track record of winning compensation cases where the client initially thought they did not have a claim. When you contact us we will give you realistic advice on the chances of winning based on the information you provide. It is not possible to give a definitive answer on any case. However, the more information we have the more accurate an assessment we can make. 5

6 How do I make a claim? Preparation is key here are some basic steps you can take to help your solicitor put together a claim for an accident at work. Basic steps 1. If you have one, make sure you inform your Health and Safety representative about your accident as soon as possible. 2. Notify your employer immediately and complete a short accident report. Make sure that it is based on fact and not an attempt to suggest who you think is to blame. If you are still in shock, distressed or in pain, do not sign any report that is given to you by your employer or anyone else involved. 3. As soon as you are able to, write out a clear description of the accident. This will be of benefit to you and your solicitor. Make sure you sign and date it. 4. Try to get hold of the names and addresses of anyone who witnessed your accident. Your solicitor may wish to write to them. 5. Ask your Health and Safety representative to preserve the scene of your accident, if possible. Also ask them to take photos of the scene and make them available to you. If they are not able to get a camera, ask if someone could sketch the scene instead. NB If you have not been able to do any of these things don t worry: you may still be able to claim. May I thank you for the way my accident claim has been handled, after my accident my confidence was very low indeed but the sympathetic handling of my case restored my confidence. - John 6

7 How much will it cost Don t worry about legal costs. Contacting us for initial advice on your claim will cost you nothing even our phone number is free to call. If we advise you to pursue a claim with us, we will review all the options for funding it. Options for funding your claim There are a number of ways in which you could fund your case. These include: Conditional Fee Agreement commonly known as a No Win No Fee agreement Legal Expenses Insurance as part of your household or car insurance you may have legal expenses cover to help with any legal costs Trade Union if you are a member of a trade union they may provide assistance for some legal issues When we discuss your claim in more detail we will tell you if the No Win No Fee option is available or if we need to look at the other funding options. New Legislation The Government introduced some changes to how legal costs and funding for personal injury claims will work from 1 April Due to these changes you will no longer be able to recover all of your legal costs from your opponent. Whilst all of your legal costs can no longer be recovered from your opponent, it is likely that you will still recover the substantial majority of your basic legal costs. If you do not have access to legal expenses insurance or trade union assistance, your best option is to consider a No Win No Fee agreement. Even if you do have access to other funding options, a No Win No Fee agreement may still be the best option for you. 7

8 How a No Win No Fee agreement can work for you Once we have reviewed all the funding options with you we may recommend a No Win No Fee agreement. The advantage of a No Win No Fee agreement, combined with an insurance policy designed to protect you, is that there is no financial risk to you if you are unsuccessful.* If you win: Your opponent will pay the majority of our basic legal costs and disbursements (e.g. court fees, medical reports) If you win, any costs not payable by your opponent will include: - The premium for your insurance policy to protect you fully against any risk of legal costs - Some of your basic legal costs which cannot be recovered from your opponent - A success fee which compensates us for the risk that if it was unsuccessful then we would not recover any legal fees at all If you win, you won t have to pay a penny out of your own pocket until your claim has successfully come to an end and then any of the costs not paid by your opponent will be deducted from any compensation awarded to you If any disbursements cannot be recovered from your opponent these will be covered by your insurance policy There are no hidden costs. You will receive regular updates about the costs being charged to your case and any costs not recovered from your opponent will be deducted from any compensation awarded to you To help you with your legal costs, the Government has provided a 10% increase in the amount awarded to you for your pain, suffering and loss of amenity. If you lose: We can promise you, there is no financial risk to you if your claim is unsuccessful* You won t have to pay a penny out of your own pocket whilst your claim is being pursued We would make no charge whatsoever to you You will be fully covered by your insurance policy for any disbursements You will be fully protected by your insurance policy from any of your opponent`s legal costs There are no hidden costs. You will receive regular updates about the costs at key stages throughout your case so you are fully aware of the charges involved. If unsuccessful there is no financial risk to you.* We will do everything we can to protect and support you to proceed with your claim and we will keep you updated at all times. Remember, there is absolutely no financial risk to you or your family if you are unsuccessful.* * Subject to entering into a No Win No Fee agreement in conjunction with our Allianz Litigate insurance policy and complying with your responsibilities under its terms. 8

9 How much compensation will I get? The amount of compensation you receive will depend on the seriousness of your injury, how it has affected your life, how much money you have lost or will lose as a consequence - and whether you will need extra support in the future. Individually assessed We will advise you at the outset on how your opponent`s insurers and the courts approach the assessment of compensation and how that will apply to your case. However, it is important to bear in mind that everyone is different and the consequences of the same injury in terms of working life and home-life will vary from person to person. Keeping you informed As we learn more about you and your circumstances, we will be able to provide you with a more accurate idea of the financial value of your claim. You can be assured that we will do everything we can to recover the maximum amount of compensation available to you. We will also advise on the best payment terms to suit your immediate and ongoing needs. As well as securing financial compensation, we will help you and your family with the practical issues and day to day impact of your injury as well as helping you to get access to the best medical care and rehabilitation. 9

10 What happens when I claim? Once you have instructed us to claim on your behalf, we will investigate your case thoroughly by gathering witness statements and other relevant details about your injury and on-going requirements. Insurance Once we have all the details of your case, a claim will be made against the relevant person or company, who usually have insurance. This can go one of two ways - either they decide to meet your claim or they do not. Out of court The vast majority of cases are settled before they go to court. However, if your case is one of the few that is to be decided by a judge, do not worry: it is perfectly normal and we will be there to help you every step of the way. Don t worry if a tour operator turns down your claim at first as this often happens - it does not mean that your claim will fail. Whatever your legal issue our specialist staff will be pleased to help you sort it out all you need to do is pick up the phone and give us call. 10

11 What else can we help you with? We don t just specialise in helping people claim after accidents at work. Irwin Mitchell has dedicated teams working in all areas of personal legal services, enabling us to deliver quick and efficient legal advice on anything from buying a house or claiming compensation to settling family disputes and wills. Our ability to offer clients a wide range of such specialism under one roof is one of the key benefits of our services. Our friendly and professional staff give straightforward, honest advice in all areas of Personal Legal Services, including; Buying or selling a house Divorce, children and family matters Employment difficulties Financial planning including tax and trusts Personal injury or illness Planning or environmental decisions Questioning social, education and healthcare provision Support with personal welfare and healthcare matters and how the Court of Protection can assist Wills, trust and probate services. Whatever your legal issue our specialist staff will be pleased to help you sort it out all you need to do is pick up the phone and give us call. To talk to a specialist advisor today simply call free on: or visit: you can also follow us on 11

12 Useful contacts Backcare 16 Elmtree Road Teddington Middlesex TW11 8ST Helpline: Website: British Safety Council 70 Chancellor s Raod London W6 9RS Telephone: customer.service@britsafe.org Website: Families Against Corporate Killers (FACK) c/o Hazards Campaign Windrush Millennium Centre 70 Alexandra Road Manchester M16 7WD Telephone: mail@gmhazards.org.uk Website: Hazards PO Box 4042 Sheffield S8 2DG Telephone: Website: Chemical Hazards Communication Society PO Box 222 Lynmington SO42 7GY Telephone: chcs@chcs.org.uk Website: Health and Safety Executive HSE Infoline Caerphilly Business Park Caerphilly CF83 3GG Telephone: hse.infoline@connaught.plc.uk Website: HSE have regional offices throughout the UK. Full details are listed on their website. 12

13 ROSPA ROSPA House 28 Calthorpe Road Edgbaston Birmingham B15 1RP Telephone: Website: Sheffield Occupational Health Advisory Service 4th Floor Furnival House 48 Furnival Gate Sheffield S1 4QP Telephone: Website: 13

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16 Freephone For a list of our offices visit our website To see a list of our offices please visit our website. Irwin Mitchell LLP is authorised and regulated by the Solicitors Regulation Authority. Clinical Negligence PLS-PI-WPA-0001-B