Following an accident at work, many of our clients have concerns about making a claim:
  • Will they be able to recover their lost earnings?
  • Will there be consequences for making a claim for the accident?
  • How can they prove their employer was negligent when they have all the evidence?
Some clients are unaware that their employer is required to have employers liability insurance to ensure that if an employee has an accident at work, the employer will be indemnified (i.e. the liability insurance will cover the legal fees and any compensation).  It is also unlawful to dismiss an employee because they have made a claim  for an accident– it is a right for anyone to bring a claim if they believe they had an accident at work as a result of someone else’s negligence.
This means that effectively it is the insurance company dealing with the claim, not your employer directly. The sole purpose of that insurance policy is so the employer doesn’t have to worry about paying out for an accident claim with their own money.
However, that doesn’t mean that your employer’s insurer will pay out simply because you had an accident at work.  Insurers make money by having insurance premiums and avoiding paying out for an accident.  This is where we come in.
Before 2013, Personal Injury Solicitors and Lawyers needed only to prove that the employers had breach one of the various employment regulations and that breached caused the injury in order to secure compensation. The common regulations were:-
  • Provision and Use of Work Equipment Regulations 1998
  • Management of Health and Safety at Work Regulations 1999
  • Workplace (Health, Safety and Welfare) Regulations 1992
  • Manual Handling Operations Regulations 1992
  • Personal Protective Equipment at Work Regulations 1992
  • Construction (Design and Management) Regulations 2007 [now replaced with the 2015 Regulations]
However when the Enterprise and Regulatory Reform Act 2013 came into it force it meant a breach was no longer enough to establish liability for an accident at work claim. It requires Claimants, (you, the people making the claim) their Personal Injury Solicitor and Barrister to prove that the Defendant had been negligent.
That does not mean you cannot claim compensation. In fact the usual health and safety regulations still apply- they just do not give you an automatic right to compensation for your accident at work.
This is where an experienced Accident at Work Solicitor or Lawyer can build a case, relying on the relevant regulations, prove your employer has been negligent and help you secure compensation. No Win, No Win claims allow you to instruct a Personal Injury lawyer or Solicitor and pursue the accident compensation without having to worry about large legal bills.