Accidents at Work FAQs
Will I need to pay anything if my claim fails?
Will I have to pay anything if my claim is successful?
I need physiotherapy but cannot afford to pay for it. Can you help?
Will I lose my job if I claim against my employer?
Will my employer keep my job open for me indefinitely?
Do I have to use solicitors suggested by or linked with my union?
Can I claim for lost earnings?
When should I return to work after my accident?
Do I have to keep my employer informed about my injuries and recovery?
Can my employer call me in for welfare meetings or visit me at my home during my absence?
Can my employer obtain a medical report or seek access to my medical records?
Will I need to pay anything if my claim fails?
No. We provide a 'No Win - No Fee' service, which means if you lose you pay nothing. If we incur any expenses on your behalf such as the cost of obtaining a medical report you will not be asked to pay for these costs.
Will I have to pay anything if my claim is successful?
YES. You pay a success fee, but only in the event that you win your case. The success fee is a percentage of the damages recovered. There is nothing else for you to pay. No Loans, No Interest, No Hidden Charges and No Insurance Premiums
In an accident at work case the success fee is 20% + vat
EXAMPLE
claim settles for £5000, you would receive :-
Loyalty fee £250
Damages £5000
LESS success fee £1200
BALANCE DUE TO YOU £4050
I need physiotherapy but cannot afford to pay for it. Can you help?
YES. We work closely with The Injury Care Clinic who retain a national network of physiotherapists. We can arrange at least 8 sessions of physiotherapy at no charge to you.
How much is my claim worth?
It is very difficult to say without arranging for you to be seen by a medical expert. It may be that you have to be seen by a number of different experts before the evidence is complete. You will be entitled to claim for pain, suffering and loss of amenity. Lawyers refer to this head of claim as General Damages. You will also be able to recover compensation for losses incurred from the date of the accident until the claim is settled. This could include loss of earnings, travelling expenses, care provided by family members. A separate head of claim is future losses. This could include loss of earnings if you are unable to work or your ability to earn money is reduced or on-going care provided by family members.
Will I lose my job if I claim against my employer?
Should you be dismissed as a result of claiming against your employer, following an injury at work, then your dismissal is likely to be automatically unfair. Similarly should be you be dismissed due to your employer's breach of health and safety legislation, causing an accident and injury, then again your dismissal is likely to be automatically unfair.
Will my employer keep my job open for me indefinitely?
It is unlikely. Should your injuries be so significant that you can't return to work then understandably your employer will need to find a replacement. Similarly, should your injuries likely keep you off work for a number of months/years, then, subject to your contract, your employer may seek to terminate your employment. However, any such termination must be in accordance with your contract, be well considered and carried out whilst maintaining sufficient communication with you.
Do I have to use solicitors suggested by or linked with my union?
No. You can choose any solicitor you wish. Just because you are a member of a union does not mean that you have to use their recommended solicitor.
Can I claim for lost earnings?
Yes. As part of your claim, whether you are an employee or self employed, your can recover the earnings you lose due to time off work caused by the injuries your sustained in the accident. Such lost earnings will be based on your average net earnings, worked out from your wage slips, accounts or tax returns.
When should I return to work after my accident?
As soon as you are fit enough and have recovered for your injuries you should return to work. The court will look favourably on an injured person who returns to work as soon as they are able, however, you should not return prematurely as this could delay your recovery from the injuries you sustained. Should there be any doubt then you should seek medical advice.
Do I have to keep my employer informed about my injuries and recovery? Can my employer call me in for welfare meetings or visit me at my home during my absence?
Generally it is always sensible to maintain good communication with your employer concerning your injuries and time off work; equally, a good and caring employer will wish to keep in contact with you during your absence and will wish you a quick recovery in the hope that you can return to work as soon as is possible. Accordingly, attendance at welfare meetings or visits from your employer are not uncommon. However, such meetings should not be used to discuss your case and claim and should be limited to your recovery or for accident investigation purposes, so as to assist your employer in preventing a reoccurrence.
Can my employer obtain a medical report or seek access to my medical records?
Unless there is an express term within your contract you are not obliged to disclose your medical records or submit for a medical examination as arranged by your employer.
