To start your work accident claim, call our Personal Injury Solicitors on FREEPHONE 0800 1404544, have a look at our main website at http://www.bishopslaw.co.uk, or visit our specialist compensation claims website at http://how-to-claim-compensation.co.uk – for FREE initial phone advice, a FREE 1st interview and No Win No Fee representation.
In this video Work Accident Solicitor Anthony Pownall explains how to make a claim for a work accident. (Part 2 of 2)
“What do I need to be successful?”
In order to be successful with your claim an injured person has to establish that somebody else is to blame, so there has to be a foreseeable risk of harm or injury or a breach of a statutory regulation. An example of that would be, manual handling regulations which require training on manual handling and various other regulations, display unit equipment regulations, things like that.
“What about loses and expenses?”
Evidence will also be obtained to support all of your other losses which might include, lost earning, private medical treatment, additional transportation costs, any other losses or expenses you have incurred. This evidence will include receipts, wages slips and other documentation to prove all of your claim.
“How do claims get settled?”
The majority of claims are settled through negotiation with the employers insurance company, once the evidence has been gathered in about the value of the case, they’ve had the opportunity to investigate who’s responsible for the accident then they will acknowledge the risks involved, make settlement proposals and the solicitor will look at those settlement proposals and see whether they are reasonable or not and how to respond to them.
“How to ascertain the value of a claim?”
The value of the claim is ascertained by the solicitor who looks at the medical reports, looks at the evidence, considers available case law, judicial study support guidelines, and uses experience as well to give a reasonable guidance as to what the court might award so that the person making the claim knows whether an offer from an insurance company is reasonable or not.
“Why should I use a solicitor?”
Statistically there are benefits to trying to do this job yourself, it’s an industry problem in that insurance companies will try and take advantage of claimants who try and deal with matters themselves and of course you need experience of case law and trial experience if need be to actually get the right value for a case. So we always recommend using a solicitor to help with values and negotiations.
“Could I run into trouble with my employer?”
If a person does run into trouble with their employer then the solicitor should come forward and point out to the employer relevant employer legislation and provide protection to the employee against that sort of treatment but it’s a situation that shouldn’t really arise because the employer is insured and it is the insurance company that deals with the claim rather than the employer.
Part 1: http://www.youtube.com/watch?v=O1PcX0m9Ocg
For more info and to get in touch, visit http://www.bishopslaw.co.uk
This video was created by:
Bonallack and Bishop, Solicitors
Rougemont House, Rougemont Close, Salisbury, Wiltshire, SP1 1LY.
Telephone: 01722 422300
Insurance companies go out of their way to encourage people to give them a recorded statement. They do this to help reduce the amount of money they will have to pay on a claim. The reason that recorded statements are so tricky, is that most people think that they won’t hurt their case by giving the adjuster a recorded statement, or they think they have to give a recorded statement or else the insurance company won’t fix their car or pay their bills. But before you give a recorded statement, get the help of a lawyer. Let him tell you if you have to give a statement or not. Let him tell you what questions you do or don’t have to answer.
Here is how and why recorded statements are so dangerous. The questions they ask you are designed to be used against you later. For example, they will ask you what injuries you received from the accident. If you leave out one injury, they will later accuse you of lying, and will say, now you complain of a knee injury, but when we took your recorded statement right after the accident, you did not say anything about a knee injury, so you must be making this up to make a profit from the accident case.
The second biggest way they use a recorded statement against you, is by getting you to guess at an answer about how the crash happened. Or get you to say that you don’t know something about the accident, then later use this against you. For example, they may ask how fast was the guy going who rear ended you. And you might say, I think he was going at least forty-five miles per hour. And you just say this since the crash felt really hard. But later, the facts indicate that the property damage was minor and that his speed was closer to ten to fifteen miles per hour. So then they may say, wow . . . .you were really exaggerating the speed when we took your statement, so, are you now exaggerating your injuries today? See how tricky this can be! Or another example is when they ask you where the other car came from, and you say, I don’t know. They then make up a plausible explanation of why their insured was not at fault since you can’t say what they did wrong. The only reason you answered I don’t know is because you have not had the time to really investigate the whole thing, or see all of the information and evidence. And so when you gave the recorded statement, it was unfair to you since you were not yet fully able to know many things about how the accident happened.
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accident compensation claims