ACCIDENTS AT WORK 

Accidents at work are fairly common. Whether you work in a factory, a restaurant, a shop, a farm or an office, potential dangers always exist that might cause an accident and serious injury or worse, a fatality. 

All employers have a legal responsibility to provide their employees with a safe and secure workplace. 

This means providing: 

• Adequate equipment and materials
• Competent co-workers
• A safe system of work
• Appropriate training and Supervision 

If your employer does not fulfil their legal responsibilities and you suffer a work injury, you could be entitled to make a claim for compensation.

All employers must have Employers Liability Insurance to cover them in the event of a claim for injuries sustained from accidents at work. 

What you should do first 

When an accident occurs, whether at work or elsewhere, it is a good idea to keep a diary of events, not only the circumstances of the accident but also a detailed note of visits to your GP or to hospital, and the progress of your recovery from the injury. In addition, keep a note of any expenses you may incur in relation to the injury (e.g., loss of earnings and the cost of traveling to and from hospital) and hold on to any receipts. You should also make a note of any activities you can no longer do as a result of your injuries. 

If you can obtain photographs of machinery, equipment, vehicles or locations related to your accident then ensure you do so as quickly as possible. You should also try and get the name and addresses of anyone who saw your accident, as they can be independent witnesses to support your claim. If you are aware of other people having experienced similar accidents to yours, make a note of the circumstances and who these individuals were (if that information is available). 

If your accident took place at work, be sure to report it immediately through the appropriate avenues. Bylaw, employers must keep a record of most types of accidents. If you are self-employed, record the accident yourself (self-employed people are not entitled to the Industrial Injuries Disablement Benefit). 

Keep the report factual and avoid placing blame, it is also helpful to write a signed and dated report for your own records. 

You or your employer should also report the accident to the Health and Safety Executive or the local authority environmental health department, if applicable. If you are hurt in a road accident, you must tell the police and, if your car was involved, your insurance company. The insurance company may refuse to deal with your claim for compensation if you do not report the accident. 

You may decide to pursue a claim for compensation if your injury happened while you were under the care of a doctor or in hospital. In that case you will be bringing a “clinical  negligence” claim, and different rules apply as your solicitor will advise. You can also contact “Action against Medical Accidents” for further advice (see Useful Contacts/ Organisation section for contact details). 

Suing your Employer 

An employer is legally bound to protect their employees under Health and Safety legislation, and also to insure against the risk of an unlawful accident to an employee. Therefore, always take legal advice about the possibility of suing your employer if you have been  injured at work. You can also do this by consulting your trade union, if you belong to one. 

If your claim succeeds, the compensation awarded is likely to be much more than the amount of any Industrial Injuries Disablement Benefit – although you should still claim for that, if entitled (see ‘Claiming Benefits’ section). 

The insurance company may deduct from your claim for Special Damages, the amount of any state benefits you have received as a result of the accident and will refund them to the Government. Visit https://www.gov.uk/government/collections/cru for more information. 

You may be concerned about the repercussions of suing your employer in terms of returning to work and potential victimisation. However, various Health and Safety laws are in place to protect the rights of employees and employers generally accept that injuries leading to compensation claims will occur from time to time and are covered by their insurance. 

Taking Legal Advice

The rules governing compensation claims are extremely complicated and, while it is technically possible to pursue a claim yourself, the process is much less stressful-if you instruct an experienced solicitor. Specialists dealing in this area of work are identified under the ‘Useful Contacts/Organisation’ section. 

It is important to remember that once a claim has been finalised you cannot re-open the claim or ask for more compensation, if, for example there are further health complications down the line. 

Therefore, it is advisable that you instruct a solicitor to represent you, and ensure your claim is expertly negotiated to achieve the maximum benefit for you and anyone else impacted by your injuries. 

A solicitor will be glad to offer a free initial consultation to see whether you have a viable personal injury or medical negligence claim, and they will advise you on its chances of success. 

We suggest you speak with solicitors experienced in this area of law, particularly those who are members of the Law Society Personal Injury and Clinical Negligence Panels. Many solicitors will represent you on a ‘no win – no fee’ basis.

At an early stage of your claim, your solicitor will discuss taking out insurance cover to protect you against the possibility of having to pay your opponent’s costs should your case be unsuccessful. 

The Three-year Time Limit 

If your injury was caused by someone’s negligence, in most cases you must start Court proceedings within three years of the date you were injured, or of “the date of knowledge”, i.e., when you knew you were injured and believed it was due to someone’s negligence (e.g., if you are suffering as a result of exposure to asbestos, your illness may have taken many years to manifest itself and the three-year limit would start to run from when you found out you had been injured). 

If Court proceedings in respect of your claim are not started within three years of your accident or three years from the date you knew you had a claim, the Courts are likely to find that your claim is out of time. The three-year rule applies in different ways in different circumstances with some variation in the case of criminal injuries (you must start court proceedings within three years of the assault unless you are applying for Criminal Injuries Compensation, which has a two-year time limit) and injuries abroad - so it is advisable not to wait too long before seeking legal advice. There are some exceptions where judges can override the three-year time limit. Consult a solicitor for further information. 

If the case is about a child who has been injured, the time limit does not normally start until they turn 18 (16 in Scotland). 

Claims Under £100,000 

There are procedural rules in place designed to speed up the resolution of all civil cases, including injury claims, if your accident happened on or after 1st October 2023 or if proceedings were issued after that date. In those circumstances, and where your case is deemed to be straightforward with an estimated value of between £25,000 and £100,000 the case will be accelerated to conclusion. 

If the case is not complex, or is valued at less than £25,000, there is a separate set of rules that apply.

Where your claim has been valued at over £100,000 it will fall outside of both frameworks. Any claim that involves a liability dispute also automatically exits the systems. Your solicitor will advise you on this complex aspect of your case and inform you as to whether or not your claim can be dealt with outside of this fixed framework. 

Choosing a Solicitor 

• The Law Society - Personal Injury Accredited Scheme
• Association of Personal Injury Lawyers (APIL) – individual and corporate accreditation-specialists in all areas of injury and negligence
• MASS - Motor Accident Solicitors Society
• HEADWAY - Head Injury Solicitors Directory
• BRAIN INJURY GROUP - www.braininjurygroup.co.uk/findbrain-injury-solicitor/ 

If you decide to consult a solicitor to claim compensation, you should seek advice from one who specialises in personal injury cases. Choose a solicitor who is a member of a recognised legal support body such as the Community legal Service, APIL, The Law Society, the Citizen’s Advice Bureau. Your trade union can also help you identify a suitable solicitor. 

If you have legal expenses insurance, your insurers may want to appoint a panel solicitor to handle your case, but you do not have to use their recommended solicitors. If you want to choose your own solicitor, ask them to speak to the insurance company. 

When choosing a solicitor, it is crucially important you are instructing a solicitor who is an expert in their field, and particularly your injury type. You can usually find this out through your initial discussion with them or reviewing their website. 

You are recommended to get a good understanding of: 

• The benefits of bringing a claim?
• What risks are involved?
• What costs could you face?
• How long will the case take?
• The funding arrangement 

Claims Assessors and Management Companies 

Some people choose to pursue compensation claims via a claims assessor or claims management company. Claims assessors normally operate on a ‘contingency fee’ basis, which means the company will take a percentage of the amount you win as their fee. If you lose, they will normally get nothing but you should check their terms very carefully if you choose this avenue of support as they may require an initial payment or ask that you take out an insurance policy to cover the other party’s costs in the event of your claim failing. 

Some claims assessors do not use solicitors and can negotiate directly only with the organisation you believe is responsible for your injury. Claims assessors cannot take court action for you or represent you in court. This means that if they are unable to negotiate compensation for you, you must begin your claim through the Court by using a solicitor. This duplication of effort can lead to substantial delays and may put your claim outside the three-year time frame. 

Claims management companies work in different ways, so how you pay them depends on how they work. You may have to pay an upfront fee, the company may make you take out an insurance policy to cover costs (via a loan from them) or they may simply refer you to a solicitor. 

Generally, claims assessors and claims management companies act as a go between for you and the solicitor, and may have additional terms and conditions which may not apply if you go direct to a solicitor. 

You should be aware that there are no specific rules or regulations covering how claims assessors and claim management companies must work, whereas solicitors must strictly follow the Solicitors Regulation Authority code of conduct and have their own professional insurance against negligence. 

The Compensation Act 2006 provides the statutory framework for the regulation of claims management activities. Since April 2007, all companies providing claims management services without authorisation or exemption are committing a criminal offence. Companies offering services in respect of personal injury, criminal injuries compensation, employment matters and industrial injury disablement  benefits must be registered with the regulator and are required to meet certain standards. 

Consumers can check if companies are registered at www.gov.uk/government/groups/claimsmanagement-regulator. Authorisation and regulation is carried out by the Claims Management Regulation at the Ministry of Justice. For more detailed advice please consult a solicitor. 

Legal Fees 

Personal Injury firms will generally offer a no win, no fee agreement. What this means is that if you do not ultimately succeed with your claim you will not have to pay anything, therefore there is no financial risk. If a claim is successful the vast majority of your legal fees will be recovered from the defendant, however in some cases there may be a small success fee payable from the compensation received to reflect the risk to the firm for running the case. 

If you lose your case or if you go to court and or do not improve on an offer made by the defendant, you will not be liable for your solicitor’s fees but you will still have to pay the costs of disbursements incurred on your behalf. In addition you may have to pay the other side’s costs. 

After The Event (ATE) insurance policies can be taken out to insure you against these risks and will cover these expenses. In the vast majority of claims the premium will not be payable until the end of the claim and deducted from your compensation. If the claim is not successful you do not have to pay the premium at all; it is self-insured. 

Financial assistance is no longer available for most personal injury claims. You may, however, qualify for help in certain circumstances (e.g., a medical accident, an assault by the police, or deliberate harm, such as child abuse). 

Your solicitor will also discuss with you the possibility of getting support from a legal expenses scheme through your car or house insurance policy, or perhaps from other insurance you may have. All these matters will be dealt with by your solicitor to ensure that you  know what the financial position is. If your injury occurred at work and you are a member of a trade union, you may be able to seek their support for legal costs and help finding a solicitor. If you wish to, you may fund your case using your own resources. 

What your Solicitor does 

As a brief overview your solicitors will carry out the following steps to handle your claim: 

• Obtain full and detailed instructions from you. 

• Make an assessment of the chances of success and the possible value of the claim. 

• Submit details of the claim in accordance with the Civil Procedure Rules to the Defendants. 

• Secure an interim payment and ensure a rehabilitation regime is in place. 

• Submit details of the claim in accordance with the Civil Procedure Rules to the Defendants. 

• Obtain all relevant and supporting evidence, such as witness statements, medical reports and other experts’ reports to fully understand the implications of the injuries sustained and what these will mean for you long term. 

• When your injuries have stabilised, your solicitor will negotiate a settlement without going to Court or, if necessary, issue proceedings in Court. In fact, most personal injury claims are settled through negotiation without a Court hearing. 

• Normally with the assistance of a barrister, prepare all legal documentation for the issue of proceedings and advise on all procedural matters at each stage of your claim. 

• If the defendants do not accept responsibility for the accident, they have to file a formal document a “Defence”, which sets out the reasons why the claim is being denied or defended. 

• If the matter cannot be resolved through correspondence and negotiation, then both sides through their barristers present the case before a Judge who will then decide who is responsible for the accident and, if necessary, how much compensation or other damages should be awarded. 

Alternative Dispute Resolution (ADR) 

ADR looks at options for resolving disputes without going to court and encourages people to negotiate a settlement before starting court proceedings. 

Road Accidents 

Every year, hundreds of people suffer injury through road accidents. Some drivers break the law by not taking out motor insurance and this can present a serious problem if they’re in an accident. 

The Motor Insurers’ Bureau (see Useful Contacts/Organisation section for contact details), which is funded by the motor insurance companies, has a scheme to help people who are injured in ‘hit and run’ accidents or in accidents involving drivers who are not insured. There are, however, strict rules that apply to making claims under the scheme. If this applies to you then your solicitors will advise you of your options.

Faulty Products or Services 

It is possible to make a personal  injury claim if your injury was caused by a faulty product or service (e.g., a faulty car or power tool, or an injury sustained at the hairdressers for example). For more information, contact Citizens Advice Consumer Service (see Useful Contacts/Organisation section contact details). 

Accidents Abroad 

If you were injured outside the UK, you usually have to make a claim under the law of the country where your injury occurred, although this may not be the case if the person or organisation responsible is based in the UK (e.g., a package tour operator). 

Claiming under foreign law is complex and expensive and you should seek expert legal advice from personal injury lawyers who specialise in representing for people injured abroad. 

The Compensation Payment 

Compensation awarded for injuries is tax-free in all instances. Where the award is a sizeable one, allocated on the basis of long-term future loss, your solicitor will guide you in seeking expert advice about investing the money and gaining interest on the capital. Your bank will also be able to recommend help with this. 

Criminal Injuries 

If you have been the victim of violent crime - for example, an assault or mugging - you may be able to claim compensation. The Criminal Injuries Compensation Scheme can be used for an application for compensation. Claims are dealt with by the Criminal Injuries Compensation Authority(see Useful Contacts/Organisation section). 

The offender does not have to have been convicted or even charged with the crime that led to your injury in order for you to make a claim but tother eligibility criteria does apply. 

A police report will be required so if the crime for which you are seeking compensation has not been reported to the police you will not be able to make a claim. 

Your solicitor will be able to advise you, or you can contact the Criminal Compensation Authority for details.

Claiming Benefits

When an accident leads to you being unable to work long term, you are initially likely to be entitled to claim Statutory Sick Pay from your employer, who will ask for confirmation of your illness, meaning a self-certificate for the first 7 working days off, and a doctor’s certificate for absences beyond that time. 

If you become disabled because of an accident at work, your solicitor will advise you on your entitlement to state benefits. In any event you should submit a claim for financial support as soon as possible, although you may not be entitled to receive the payments for 90 days after the date of the accident. This claim is started by completing the BI100A form “Accidents Caused by Work” or the BI100PD form for diseases caused by work - ‘Industrial Injuries Disablement Benefit’. Your solicitor will advise in more detail on this, and you can also obtain the forms from your regional disablement benefit office or download via www.gov.uk 

You must submit your claim no later than six months after the date of your accident. 

Alternatively, you may be entitled to benefits such as Constant Attendance Allowance, Exceptionally Severe Disablement Allowance, Reduce Earnings Allowance or Pneumoconiosis Etc. (Workers’ Compensations) Act 1979. 

For further details, please see our booklet ‘Work Related Injuries, Diseases & Employment Issues’. www.gov.uk also offers comprehensive information, and your solicitor will also advise you accordingly.