If you can show that the accident was caused by the failure of your
employer to provide you with a safe system of work, you will be able to
bring a claim against your employer. Your employer will be held liable
for his employees if they are negligent in the course of their employment.
Most employers will be covered by employers liability insurance and
indeed are obliged by law to have such cover. The claim will therefore
usually be dealt with by your employers insurance company.
Your employer is also under a heavy burden to provide adequate
training for any tasks you may have had to undertake. One of the most
common types of work accident is when an employee is not given
adequate training in how to lift or move heavy items. Your employer
must also conduct a risk assessment of any potentially hazardous task.
Although, the obligation on employers is strict, it does not follow that
just because you are injured whilst in the workplace that you will be
entitled to bring a claim. We can fully advise you. You may well be
entitled to statutory sick pay whilst away from work and often you will find
that your employers will pay you whilst you are away from work. Please
note that is you do receive wages or salary from your employer whilst
you are away from work then you will only be able to recover that from
the insurers if your contract of employment contains an obligation to
repay such monies to your employer.
You should also ensure that the accident is properly noted in the firms
accident record book and that you make a full note of the names and
address of all witnesses to the accident if there were any. Obviously, the
assessment of liability in respect of such claims is complex and the
sooner you seek our advice the quicker we will be able to assist you.
Accident not your fault ?
Providing that the accident is clearly not your fault, we will act for you
under the terms of our Conditional Fee Agreement. This will ensure
that you have no legal costs to pay. These will be recovered in full
from the other part.
Legal Expense Cover
Sometimes, you will find that you already have legal expense cover to
bring a claim. Please remember that it is your right to choose a Solicitor
that you wish to represent you in the conduct of your claim. You may use
the Solicitors that will be nominated by your insurance company but
clearly their obligation will be to the insurance company who refer the
work to them.
Independence
We are totally independent and will be your Solicitor acting in your
interest. We believe that it is in your interest to instruct your own Solicitors
who are independent of insurance companies.
Expertise
We are members of The Law Society Personal Injury Panel and have
been vetted by The Law Society to ensure that we can deal with personal
injury claims to the highest standards. We have recovered millions of
pounds for thousands of clients and have been dealing with personal
injury claims for over 30 years.
Damages to be Recovered
Please note that we are fully conversant with all heads of damage to
which you will be entitled and will include the following in the claim:-
-
Other losses that might be necessary to include such as if you
are away from work for a considerable amount of time then this
may effect your pension, also you may find that your job
prospects are effected. There are a number of technical heads
of damage which you will be fully advised of as appropriate.
PLEASE REMEMBER THAT WE CAN ACT FOR YOU ON A
“NO WIN NO FEE” BASIS IF WE FEEL THAT YOUR CASE HAS
A GOOD CHANCE OF SUCCESS.
This means that we will recover costs from the other party.
BE WARNED
A lot of accident management companies who claim to have expertise in the
conduct of personal injury claim are simply selling your claim to Solicitors.
Often, they will require you sign credit agreements to obtain expensive
insurance which would not be recoverable from the Defendants and will
have to come out of your damages. Some companies even make
administration charges and take a percentage of the damages for dealing
with the claim. This will not happen with ourselves as we have the experience
and competence to properly deal with the claim that you make.
or
use our accident assessment form
or
e-mail:legal@bellandco.co.uk