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Claiming for an Injury in the Work-place
[14.11.11] |
 If you are considering making a compensation claim after an accident at work which left you with an injury, you need to carefully consider all of your options. Getting the right solicitor could be the difference between getting the right amount of compensation or getting none at all.
There are a number of questions you need to ask yourself before you make the decision to go with your law firm or solicitor:
- What are their qualifications? You need to know how many cases like your own they have completed and what the results were. It is also important to know if the speciality of the lawyer you are dealing with is in personal injury claims - particularly those which occur at work. This area of law is very complex and your lawyer needs to be specially trained in this one area. You may feel more comfortable choosing either a claims firm or a firm of lawyers which specialises in workplace injury claims.
- What are the charges? You need to find out in advance how the fees will be paid. Some firms will take the fees from the compensation or they will apply to have legal fees paid as a separate amount (this is called a Conditional Fees Agreement). Some may not charge you if the case is lost, but others will. You need to know these facts before you start.
- Other expenses? You may find that your lawyer will charge for other things which you wouldn't have expected. This could include any overtime incurred while your case is being processed or the time it takes to write an email or take telephone calls. You may find you are responsible for these charges even if you lose the case. Watch out for clauses such as these in your agreement.
- Will you settle? The lawyer may encourage you to settle for an agreed amount rather than take the case to court. This should be agreed in advance. You may want your day in court, but your lawyer may feel that a settlement is a better result. You need to be aware that this could crop up and deal with it earlier rather than later. This may also affect how you pay the relevant fees, as legal costs may not be included in a settlement.
- What if the worst happens? If you lose, what will happen regarding fees? There are insurances which can be taken out with your solicitor to cover their fees in the event they lose the case. A no win, no fee case may seem clear cut, but do get it in writing exactly how the fees will be covered. You may find it is not as simple as you thought.
The Law Society
You should understand how this body works and how it will help you choose the best solicitor for your workplace injury claim.
The Law Society monitors all the solicitors which operate in the UK and personal injuries lawyers are a sub-group within this society. To be a member of this sub-group the lawyer needs to have three years experience within the speciality of personal injuries and therefore, a high degree of expertise. For this reason choosing a lawyer who is a member of this sub-group is important.
The Association of Personal Injury lawyers
This association is a membership group and only asks for a fee from members. The lawyers do not have to prove any level of expertise. Being a member of this body does not necessarily mean this lawyer will be an expert in their field.
Take your time when choosing your work accident solicitor as this is a big decision and well worth taking some time over.
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