Making an Accident Claim

Submitted by: carolyn

If you have been hurt at work, then you deserve a financial settlement from your employer. Many people believe that it is expensive and time consuming to pursue an accident claim when the exact opposite is true - pursuing a claim for an accident you had a work can be simple and cost free.

In 1998, the Conditional Fee Agreement came into effect which means that solicitors are able to take on cases on a "no-win, no-fee" basis, which means that if you don't win your settlement, you do not have to pay the solicitor. If you do win your accident claim against your employer, then the other party to the lawsuit would pay your legal fees. For claimants, this is a win-win situation. Due to the Conditional Fee Agreement, people no longer need to be discouraged from filing a claim for fear of the legal fees that are associated with claiming for a work place injury. The law in Scotland differs from that of England and Wales, however the no-win no-fee concept is also practiced there to some extent.

Injuries at work occur regularly and if you have been injured at work, regardless of the cause, you deserve to be compensated. You need not worry about the cost to your employer; they most likely have insurance in place to cover workplace injury claims.

If you are going to make a claim against your employer for a workplace injury on a no-win, no-fee basis in the UK, you have to agree, as well as your solicitor, to the terms of the Conditional Fee Agreement. The majority of solicitors use a standard document that is produced by the Law Society of England and Wales which confirms that if the case is lost, the solicitor won't charge the claimant. There may be bills associated with the claim, such as medical fees and witness charges but there is insurance available to cover these expenses and this should also be discussed with your solicitor. You will be required to cooperate with your solicitor and provide full disclosure of your injury and accident that is related to your work place injury claim to them.

When you go to court with your claim and it proceeds to a settlement in your favour, the other party's insurer will pay your solicitor's fees. If during the course of the claim you have paid any fees, such as medical fees or witness fees, you will be reimbursed for them in full. Most solicitors will ensure that you get your full compensation without any percentage being deducted for fees or costs. If your solicitor discloses that you may be responsible for some of the fees or that a percentage of your compensation will be deducted upon settlement, consider finding another solicitor to discuss your options before committing to any one solicitor.

Under the Conditional Fee Agreement, if your work place injury claim does not succeed, you do not have to pay any legal costs to your solicitor, these costs are paid by insurance. There is a possibility of fees that you will incur, such as witness fees, and in a worst-case scenario, some defense costs if you lose your case at trial, however, your solicitor can help you to insure yourself against these fees before you begin your claim.

Your employer will likely lose the case and you will be paid, especially if fault can be found in the company for your injury, such as negligence or improper safety equipment. Regardless of the reasons for your injury, whether by accident or direct cause, you need not worry about legal fees any more with the Conditional Fee Agreement.

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