If you have suffered an injury or accident at work you may just put it down to bad luck, clumsiness, or the risks that were involved with the type of work that you do. However, no matter where you work, your employer owes a duty of care to you.
Individuals and family members affected by a work place accident or work place injury may be eligible to claim personal injury compensation on a no win, no fee basis. Our accident at work solicitors have a national reputation for delivering the best possible results for our clients and can help you make an accident at work compensation claim.
Many jobs are hazardous and things can go wrong. Whether your accident | injury at work is caused by lifting a heavy object, also known as manual handling, or you suffered an injury from working in a factory, warehouse, on a building site or in an office there should have been risk assessment measures in place to prevent you from receiving a personal injury at work.
There are many different laws in place to protect you, many of which you may not be aware of. This is where a solicitor can help, and at Hugh James we specialise in workplace accident | injury claims which could have been prevented.
Your employer has a duty of care toward you at work. If they fail, causing you an injury, they are legally liable and you could be entitled to compensation.
Construction accidents, manual handling injuries, slipping and tripping, driving accident, and other mishaps that have happened at work can not only be painful and upsetting, they can bring a financial burden to you and your family. The bottom line is your employer is liable to you. Your employment status will not be affected, whether you’re an apprentice, long term employee, manager or director.
At Hugh James our accident at work solicitors can take on your employer liability claim on a no win no fee basis. This means that if your case is unsuccessful you will not have to pay anything. We will only take on your case if, after assessing your claim, we decide that there is a reasonable chance of success. Our initial consultation is free, so you won’t pay a penny if we don’t accept your case. More information on funding options is available on our accidents at work compensation funding page.
During your free, no obligation consultation our specialist solicitors will discuss whether you or a family member suffered injury as a result of employer liability. If employer liability is established, we will discuss the various options with you, including the no win, no fee element of your personal injury claim. You will be provided with a step-by-step breakdown of how we will proceed with your accident at work compensation claim without obligation to proceed.
Like all claims, it’s better to start your employer liability claim as soon as possible. The law states that you have three years to seek legal advice for a personal injury compensation claim of this nature. However, if you weren’t sure about your rights at the time and now feel you have been a victim of employer liability, our employer liability solicitors will advise if you are still able to make a work place injury compensation claim.
The Hugh James Personal Injury Team is ranked in the top tier of both the 2011 Legal 500 2012 Chambers legal guides for personal injury work in Wales.
Hugh James “remains the market-leading firm for claimant personal injury work in Wales. The firm maintains a caseload of workplace accidents, industrial diseases.”
Chambers UK 2012
Very helpful and easy to talk to. My thanks to Iain Scott.
Thank you for everything you did for me. I will never forget your kindness and helpfulness at a very difficult time in my life.
Very competent. All correspondence acted upon immediatley, telephone calls returned within the hour, emails responded to straight away. Iain Scott was always available to speak to me at short notice and was always familiar with the brief and responded well to the issues as they arose. Very satisfied.
Am I entitled to compensation for my workplace injury?
If you, or someone you know, has sustained injuries whilst at work, the dedicated Hugh James employer liability solicitors will quickly be able to assess whether there is a valid claim for compensation.
What will an employer liability claim cost?
In the vast majority of cases, our employer liability and accident claims are funded on a ‘no win, no fee’ basis, which are known as Conditional Fee Agreements (CFAs). For more details about our Conditional Fee Agreements and other funding options, please see funding your claim.
What are my rights?
If you have been injured in an accident at work which was not your fault, you may be entitled to claim compensation for your injuries. Your chances of a successful claim will be based on if you are able to prove that your injuries were caused as a direct result of the negligent acts or omissions of your employer who owed you a duty or care.
Will bringing a workplace accident claim affect my job?
If you have been injured at work and then exercise your right to bring a claim for compensation against your employer, you should then not be adversely treated by your employer. The reality is that although you may be bringing a claim against your employer in name, your claim will actually be handled by your employer’s insurers or solicitors.
Will I have to go to court?
Only a small percentage of personal injury claims brought will actually proceed to trial though we do prepare every case in depth to make sure we are ready should it go to court.
The personal injury procedural system is geared towards encouraging parties to be open with each other so that any claims for compensation can be settled without the need for going to court, which can save both time and cost.
Of course, there are a large number of cases that do go to trial. Cases tend to go to court for one of two reasons: (1) the defendant does not accept liability (or legal responsibility) for the accident and therefore does not accept that they should have to pay any compensation; (2) the defendant might have accepted liability (or legal responsibility) for the accident, but the parties cannot agree on the an appropriate level of compensation, so they go to Court in order to a Judge to make a decision on the level of compensation that should be awarded.
A lot of people are naturally nervous and uncomfortable about going to court. We understand this and will advise you every step of the way, should your case reach a trial.
Can I bring a claim on behalf of someone who’s died?
Yes. Claims are often brought on behalf of someone who has died, usually by their widow/widower or partner, or other executor named in the deceased’s will.
What are the time limits in respect of bringing a personal injury claim?
There are strict time limits in personal injury claims. The usual rule is that a potential claimant has three years from the date of an accident within which to bring a claim for compensation.
For example, if you had an accident on 11 May 2012, you would have until 11 May 2015 to bring a claim for compensation. When we use the term ‘bring a claim’ we mean issue court proceedings. Therefore, if court proceedings were not brought until after 11 May 2015, the opportunity to bring a claim would be lost. The court does have a discretion to override the three year period, but it is not regularly exercised.
The three year time limit is slightly different in cases in involving repetitive injuries and diseases (see our time limits page for more information)
Claims need to be investigated over a period of time and the more time you have to investigate your claim the greater advantage you are likely to have.
There are two further points to note in respect of the limitation for bringing a personal injury claim and these relate to bringing a claim on behalf of a deceased person and bringing a claim on behalf of a minor (someone under 18).
In the case of fatal accidents, the three year period will start to run from the date of death or when the death is linked to a particular incident or accident.
In the case of minors, their three year limitation period will not start to run until their eighteenth birthday – therefore, their three year limitation period would not expire until their twenty-first birthday.
If someone is being treated under the Mental Health Act 1983, their three year period will not start to run until after they have been discharged as a patient.
Although there is a three year period within which to bring court proceedings, it is important that you seek legal advice as soon as possible should you believe you might have a claim.
Will I have to undergo a medical examination?
Yes, you will almost certainly have to undergo at least one medical examination as part of your personal injury claim.
Can I bring a claim if my employer is no longer trading?
Yes. If the relevant employer’s liability insurer who was on cover at the time the accident occurred can be located, a claim can still be brought. If the proposed defendant company is no longer trading and has been dissolved/removed from the Register of Companies, it is possible to have the company restored to the register in order to bring the claim.
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Wiljo Salen, partner and head of the Contested Wills, Trusts and Estates Department at Hugh James acted for Miss Eirian Davies in her claim for an interest in her parents’ farm. After a lengthy trial the High Court has now awarded Miss Davies £1.Read more >
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