Walker Jack Consultants

Some people may be confused by some of the jargon that is involved in personal injury claims, though if you enter into a no win no fees agreement then it should be just that – nothing to pay whether you win or lose. 

There are some solicitors that will require you to take out a small insurance policy to cover the cost of legal fees in the event that you do not win the case. The insurance policy costs will vary depending upon the type of case, but you should ensure that you are aware in advance of exactly how much you will need to pay for it.

There is also something known as a ‘conditional fee arrangement’. This is when a percentage of the compensation is used for legal fees. You should ensure that you are aware in advance if the firm you are using takes this as a fee or claims their costs from the other side. Not all firms will offer a 100% compensation guarantee and will have to recover their costs somehow, though most will recover them from the losing side.

Most firms will have both a no win no fee and 100% compensation policy but some cases, such as those involving medical negligence, may run for some time. The solicitors handling lengthy cases may be reluctant to do so without some sort of fee in advance, or they may insist on a conditional fee arrangement. It is important for any claimant to ensure they know in advance if they are expected to pay anything and how much they may be charged. 

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Employers have a duty of care to their employees. As such, any employee who has an injury accident in his place of work or when going about work related activities, can (providing his employer has failed in his duty) put in a personal injury claim for compensation.

All employers must ensure they are acting both within the spirit and letter of any and all of the regulations appertaining to their industry or business. These include: regular workplace inspections, adhering to health and safety legislation, carrying out and recording risk assessments to premises, and so on.  Failure to do so properly can be very costly for an employer if a worker is injured.

It should also be remembered that employers must have public liability insurance; this is a legal requirement. This does not of course preclude a criminal prosecution in serious cases where an employee is injured or killed due to negligence on the part of the employer. 

It is worth knowing that you cannot be dismissed as a result of putting in a claim against your employer – something that worries many potential claimants. 

Employment law nowadays is very complex. However, if you feel that you need to put in a personal injury claim then it is worthwhile discussing your situation with a specialist lawyer. Many such specialists are also no win no fee employment solicitors.

It is also worth bearing in mind that it is better to be represented by a lawyer who has experience in dealing with particular kinds of injuries or diseases, e.g. Asbestosis or RSI. These kinds of claim need specialist knowledge to be pursued efficiently.

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