Personal Injury

All subjects in this category are on personal injury.

workplace safety

Should I Claim Compensation for a Workplace Accident?

When you’ve had an accident at work, you might be tempted to try to make a claim. However, very few people who actually get hurt as part of their job actually go through with making a full claim. There are many different reasons for this. One reason is that people are concerned about “compensation culture”. Another reason may be that people feel loyalty towards their employer or they’re concerned that making a claim could result in their employer starting disciplinary proceedings against them. Nonetheless, making a claim for compensation after an accident in the workplace could be the best thing that you have ever done.

Why should I make a claim for compensation?

Getting injured in the workplace can hamper your ability to do your job properly. Even if your physical wounds heal quickly, you may be left with mental scarring after the incident that stops you from being able to work in the same way that you used to. Not being able to do your job properly can harm your future earning potential. You may also be forced to pay out of your own pocket for aids and adaptations to help you to maintain the same quality of life whilst you are still injured. For example, if you have broken your arm you may have to pay for taxis to drive you from A to B. It doesn’t matter whether you have suffered from a minor injury or a severe problem, you should be able to make a claim if you have suffered any disadvantage because of your workplace injury.

Getting injured in the workplace can hamper your ability to do your job properly. Even if your physical wounds heal quickly, you may be left with mental scarring after the incident that stops you from being able to work in the same way that you used to. Not being able to do your job properly can harm your future earning potential. You may also be forced to pay out of your own pocket for aids and adaptations to help you to maintain the same quality of life whilst you are still injured. For example, if you have broken your arm you may have to pay for taxis to drive you from A to B. It doesn’t matter whether you have suffered from a minor injury or a severe problem, you should be able to make a claim if you have suffered any disadvantage because of your workplace injury.

Could my employer discipline me for a claim?

If you have suffered an injury in the workplace, you are entitled to make a claim for compensation. Legislation in the United Kingdom means that you cannot be punished for making a claim after you are injured. A few people do report that they have received negative treatment from their employer after making a claim; however these employers are breaking the law. If you suspect that your employer is treating you unfairly after you have made a claim, you may have grounds to launch a workplace tribunal against them.

Is it possible to make more than one claim?

In general, you are will only be able to make one claim for a specific personal injury that you sustained in an accident in the workplace. However, this should not prevent you from making future claims if you are injured in any other accident. Making one claim does not take away your right claim for other things.

What will my colleagues think?

You do not have to tell your colleagues that you are making a claim if you do not want to. Data protection and employment legislation also mean that your claim should not be shared beyond the people in the company who absolutely need to know. If you are worried about what your colleagues might think about you making a claim, you do not have to share the information with them!

What should the claim cover?

A personal injury claim can cover a lot of different things. To work out the value of the claim,

a claim assessor will normally take into account that type and extent of the injuries that were incurred in the accident. They will also consider any suffering that you have experienced because of your injuries. In terms of your physical and mental injuries, the claims assessor will also consider whether you have shouldered any external medical costs or any costs associated with having to adapt your home or vehicle.

If you have been forced to take time off of work or if your earning potential has been reduced by the accident, then your claims advisor should take this into account. As well as earnings which you have already lost as a result of an accident in the workplace, your compensation amount may encompass a loss of future earnings.

Many websites have “compensation calculator” pages, or compensation amounts displayed on relevant pages that provide a general estimate. So if you were to search for example injury at work claim how much compensation you’ll see several results that allow you to calculate compensations amounts. Looking through various websites I have noticed the compensation amounts may vary slightly, but they should all be based on the Judicial College guidelines.

Who can support my claim?

If you are a member of a trade union, they may be able to point you towards a lawyer who specialises in accidents in the workplace. There are a number of firms across the United Kingdom which specialise in these types of claims.


Claiming for the death or injury of a loved one

If someone in your immediate family has experienced a personal injury, the effects can be devastating. A serious personal injury can change completely change the life of the injured party, as well as having a profound effect on their closest relatives. If a close relative has been killed or seriously injured in an accident that was not their fault, it may be possible to make a claim for compensation. This claim could include the collateral effects that the injury has had on those around the victim.

Why make a claim on behalf of a loved one?

When someone is injured in an accident or as a result of a violent crime, it is not always possible for them to make a claim for themselves. This may be because the injuries that they suffered were so severe, because the person was killed in the accident, or because the person in question is not old enough to make their own claim.

If the person is under 18 or if they lack the mental capacity to make adult decisions for themselves then it is possible to become the “litigation friend” for the injured party. Before you are accepted as a litigation friend, the court will need to do some quick checks to ascertain your suitability to accept this role. Making a claim in this way will help to ensure that the injured person has access to all of the support that they need to help them to deal with the aftermath of the accident. The litigation friend will be responsible for making important decisions relating to the case.

If the person has died, it is likely that the death will have had a serious effect on your life and the lives of other family members. As well as shouldering previous medical costs and funeral costs, you may have been left with a severely reduced family income. In addition to this, there is a high degree of emotional suffering involved in the death of a loved one, especially if they death occurred because of a horrifying accident. It is a good idea to speak to a claims advisor to see whether it is possible to make a claim for the effects that the aftermath of the accident have had on you and your family.

What could we get compensation for?

Your claims advisor will help to decide what you might be able to get compensation for. The compensation differs in every single case, because it is always based on unique circumstances. In cases where the injuries are severe, the compensation may be awarded to enable the family to make necessary adaptations to the home and vehicles. This can help to make it easier to offer appropriate care for the injured person. The cost of carers may also be covered if professional care is needed. If you or another family member has suffered from a reduced earning potential because of the increased care requirement of the injured party, you may also be able to claim compensation for this.

The injured party should also receive compensation which is proportional to the extent of their injuries. In order to work out how much compensation a person may be entitled to, the claims advisor will need access to personal medical records. If there have been any out-of-pocket medical expenses incurred because of the injury, the defendant should be asked to cover these as part of the claim. The claim may also take into account all loss of earnings and potential future earnings which the injured party was forced to sacrifice because of their injury.

If the accident caused the premature death of the victim, it may also be possible to make a claim for the emotional distress that has been caused by the death. Damages can be claimed for loss of relationships (society) arising from the death of the loved one. Claims can also include the loss of financial support, particularly if the deceased had been the main breadwinner in the household. If the deceased had primary responsibility for any other tasks which now require someone else to be employed to carry out those tasks for the family, this may also be consider within the scope of the claim.

cosmetic surgery

I signed a Cosmetic Surgery Waiver: Can I still make a claim for compensation?

With Christmas only a week away it is inevitable that some gifts people receive will be for cosmetic surgery procedures (nothing wrong with that!) so I thought I’d publish some helpful information on your rights.

Having elective cosmetic surgery is not a decision that should be taken likely. Some candidates are rightly concerned about negative side effects that may occur as a result of the procedure. Most surgeons get candidates to sign something before the procedure to try to absolve themselves of any liability if the procedure goes wrong. However, signing this piece of paper does not always mean that you do not have any rights to make a claim.

Medical Standards

Any medical practitioner who operates in the United Kingdom is required to meet minimum medical standards. This legislation covers cosmetic surgeons, as well as doctors and nurses who carry out necessary medical treatments. Cosmetic surgeons and cosmetic opticians are also covered by their own industry standards which are designed to ensure that patients receive adequate treatment from qualified professionals. If licensed surgeons or practitioners fail to meet these standards, then they can put patients at risk. Alternatively, practitioners may be breaking the law if they are carrying out procedures without the correct licence.

If it can be proven that negative side effects from cosmetic surgery occurred because the practitioners were failing to meet minimum hygiene standards, then this will override any waivers that were signed before the surgery.   The existence of a waiver does not permit surgeons to take unnecessary risks with their patient’s lives. Hygiene is particularly important in cases where an item is being implanted into a patient. It can be very hard to clear an infection if the implant itself is the source of the infection. In addition to the removal of the implant itself, medical doctors may have to remove excess tissue from the patient to try to clear the infection. If the patient survives the infection, they could be left with severe scarring.

The Consent Form

Patients may also be entitled to make a claim for compensation from their cosmetic surgeon if they are able to show that the risks of the surgery were not adequately explained to them before they submitted to the procedure. In order to sign a consent form, patients must be able to understand the content of the consent form that they are being asked to sign. If the content of a contract is written in such a way that it cannot be easily understood by the signatory party, then this can void the contract. Alternatively, it may also be possible to show that the risks were not adequately explained to the patient outside of the contract. Examples of successful cases include; instances where it was shown that the surgeon encouraged patients not to read the waiver as it was “just a formality”; and instances where surgeons downplayed the risks of the procedure or failed to mention increased risk to that particular patient.

Cosmetic surgeons also have a responsibility to refuse their procedures to people who would be deemed to be in a very high risk group. These are the people who are most likely to suffer serious side effects during the procedure. If it can be shown that a surgeon performed a procedure on a patient, even though the surgeon was aware of the increased risk to the patient, then it would be possible to overrule the content of the waiver.

If a cosmetic surgery procedure goes wrong, it may not be the surgeon themselves who is ultimately liable. In recent years, there have been a number of high profile cases where the fault lay with the manufacturers of the implants which were being used. If it is discovered that a faulty product has put you at risk during a cosmetic surgery procedure, then it may be possible to sue the manufacturer rather than surgeon who did the work. In cases like this, patients will often need to undergo a second procedure to remove the faulty implants. Any subsequent corrective surgeries should be covered as part of a compensation claim.

If you have suffered extreme negative side effects as a result of cosmetic surgery, you should not feel like you are bound by a waiver signed before the procedure. Get in contact with a personal injuries lawyer or a claims advisor to see if you might be eligible to make an appropriate claim for compensation.

3 year time limit

Time Constraints when Making a Claim for Compensation

A personal injury can have a huge impact on your quality of life and your financial wellbeing. Even if the injury was only an accident, you may have the right to make a claim for compensation. Compensation is designed to help to make it easier for you and your family to cope with the effects of a personal injury. A claim should also cover any out of pocket expenses that you have been forced to shoulder as a result of the injury. Before you make a claim, it is worth remembering that there are some time limitations on launching an action.

Normal Time Limits

There are standard time limits on making a personal injuries claim in the United Kingdom. These time limitations can differ slightly, depending on what type of cases is being raised. However, the standard time limit is three years after the date of the accident in cases which are being raised as a normal personal injuries claim. For the claim to be considered, court proceedings must have been launched within this time frame. It is possible for the case to run on after the end of the initial three year period, as long as the proceedings had been formally launched before the cut off point. The government in the United Kingdom believes that this is a fair amount of time for both the defendant and the potential claimant. It is not normally possible to launch a new claim after this period of time has elapsed; unless it can be shown that there are special circumstances.

Special Circumstances

In some cases, it may be possible for a legal professional to apply to the courts to allow them to raise a case after the standard time limit period has elapsed. The most likely reason for the courts to grant an extension to the statute of limitations is when a problem arising from the initial incident takes longer than this to manifest itself. In these instances, legal teams have to work harder than normal to prove that the medical outcome occurred as a consequence of the initial incident. Although it is harder, there are thousands of examples of successful cases which were launched after the official statute of limitations had expired.

Sooner Rather than Later

In general, lawyers and claims advisors will always encourage potential claimants to start their proceedings sooner rather than later. This is because it is much easier to gather all of the evidence that is need when a claim is made closer to the time of the incident. There is a lower chance that vital evidence will have been destroyed and witnesses are able to give more reliable testament about the event in question.

It is also beneficial to the accident victim to start proceedings as soon as possible. Those who suffer personal injuries are most vulnerable just after the incident. It is during this period that they are forced to make any changes to their home and lifestyle to try to accommodate their new medical conditions. Personal injury victims are also more likely to suffer financial trouble during this period, because they may not be able to achieve their full earning potential. Launching a claim at this point in time can help accident victims to get access to the support that they need.

Launching a Claim for Compensation

If you have been received a personal injury in the last three years because of an accident that was not your fault, you may be entitled to make a claim for compensation. The first thing that you should do is to make contact with a qualified solicitor or claims advisor. Many claims advisors will offer free consultation sessions.

During your introductory session, the claims advisor or lawyer will listen to your story until they have enough information to advise you about whether or not you have a valid claim. If they determine that your claim is valid, then they will be able to tell you how much your claim is worth. It is then down to you to decide whether you want to continue to pursue your claim for compensation. If you decide to continue with the case, your advisor will help you to get the ball rolling.

ways to claim

Ways to Claim Compensation

If you have sustained a personal injury in an accident that was not entirely your fault, you may be entitled to compensation to help you to cope. In most cases, financial compensation is claimed from the insurance provider who represents the person or corporation that was liable for your injury. In certain cases, the compensation may come from alternative sources.

Criminal Injuries Compensation Authority

If your injury occurred as a result of a criminal act, then it is most likely that your compensation case will be handled by the Criminal Injuries Compensation Authority(CICA). The government in the United Kingdom recognises that criminal acts are rarely covered by insurance policies and those who have committed a dangerous criminal act are unlikely to be able to foot large compensation bills immediately, especially if they are being sent to jail for their crime. Criminal compensation orders which are obtained through criminal courts are subject to a maximum of £5000. Therefore, the Criminal Injuries Compensation Authority has been established to assist people who were injured as a result of a criminal act committed by another person. Successful applicants include people who were directly injured in a crime, as well as people who have been hurt whilst trying to assist the police in the aftermath of a crime.

In order to qualify to make a claim through the Criminal Injuries Compensation Authority, the incident must have been reported to the police at the earliest opportunity after it occurred. Candidates for compensation must then lodge an application with the Criminal Injuries Compensation Authority within two years of the incident. In a few exceptional circumstances, these criteria do not apply. For example, compensation may be claimed in cases of historic sex abuse, if the sex abuse has only recently come to light.

Applications for compensation through the Criminal Injuries Compensation Authority must be made online or over the telephone. Full details of the crime and the injuries should be input into the online form as part of the application process. A claims advisor or another legal professional can help you to fill in these details if you are concerned about getting your story across properly. An advisor from the Citizen’s Advice Bureau may also be able to help you if you are struggling.

Medical Compensation Schemes

Some compensation schemes exist to help to compensation people who suffer from specific medical issues. These medical issues tend to relate to actions or treatments which were previously common-practice but which are now considered to be dangerous. Examples of these include the MacFarlane Trust, which specifically helps people who have developed HIV after getting blood as part of haemophilia treatment.

The Vaccine Damage Payment Unit is run to help to compensate people who have suffered personal injuries as a result of vaccinations. There are also special compensation schemes available for people who have suffered asbestos-related illnesses due to expose at work. As well as claiming compensation, people who were injured in the workplace may be entitled to claim a special Industrial Injuries Disablement Benefit from the government.

NHS Redress Arrangement

People who are injured whilst using the NHS in Wales may be able to raise a claim using the NHS Redress Service. This service is partially dedicated to claims for compensation, whilst also helping people to make a complaint about their treatment. However, claims are normally limited to a much lower value than they could be if the claimant were to attempt to claim via a different channel.

Personal Injuries Claims

Despite the fact that there are alternative sources of compensation, most people who are injured will receive compensation by raising a standard compensation claim. These claims must be raised within three years of the incident that caused the personal injury. In extreme cases, the claim may be raised after the normal three year period has elapsed, however this has to be approved by the courts.

If you do want to raise a claim for compensation after a personal injury, you should speak to a solicitor or claims advisor. Many legal professionals offer a free consultation sessions for those who want to make a claim. Attend one of these sessions to find out whether you have a valid claim.