Injury through Industrial Accident in Angus
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Employers have a statutory duty to ensure you do not suffer injury while working. This does not necessarily end at the work place. It can also include travelling and any other activities you are obliged or expected to do during your employment.
How am I covered for an Industrial Accident?
Typical reasons for winning compensation if you suffer from an industrial accident include faulty equipment, such as a broken ladder, dangerous machinery, such as unguarded equipment, and lack of care in ensuring a safe environment, such as leaving a loose cable which you might trip over.
Note that an employer’s liability for industrial accidents extends beyond equipment and buildings. They are also expected to ensure that all employees behave appropriately and abide by any safety rules. Thus, if your industrial accident is caused by another employee, e.g. you are hit by a vehicle they are driving, you are still entitled to claim accident compensation from your employer.
What should I do if I suffer from an industrial accident?
Firstly, you should make sure the event is recorded in the company accident book as an industrial-related accident. Check that the entry is accurate.
Don’t be persuaded to give your employer a detailed written account of the accident while you are still feeling stressed.
Ensure that, if necessary, the accident is reported to the appropriate authorities. There are strict rules governing the reporting of industrial accidents.
Contact us as soon as you can, while the accident is still fresh in your mind. Industrial accidents may be vigorously contested, and companies will be able to get very good advice. Make sure you do the same.
Personal Injury Claim Solicitors in Angus
If you have suffered an injury which wasn’t your fault, you should consult a specialist personal injury solicitor. The effects of an injury can be wide ranging and more than your legal rights are involved in determining your eligibility for, and amount of, compensation. For this reason, a solicitor requires a combination of legal and medical expertise, and most personal injury solicitors will have built up a list of useful contacts and barristers’ chambers to call on when specialist advice is required.How can I recognise a specialist personal injury solicitor?
In the first instance, check that your solicitor’s firm includes lawyers who are accredited members of the two principle legal bodies in this field; the Association of Personal Injury Lawyers (APIC) and the Law Society’s personal injury panel. You should also ask if they have solicitors who belong to associations for the specific injury your claim is about – for example the Spinal Injuries Association or the Headway Panel.
You should also ask your solicitor about their record in personal injury claims. Can they give you any case histories of successful claims similar to yours?
How can I pay the solicitor’s bills for my personal injury claim?
With the exception of medical negligence, legal aid is generally no longer available for personal injury claims. This means you will have to agree payment with the solicitor yourself. Fortunately, solicitors are able to act on a Conditional Fee (“No Win, No Fee”) basis. This means your solicitor bears the cost of the claim until you have been awarded compensation. Depending on the type of agreement you have, your solicitor will then either claim his fees from your opponent, or take a percentage of your compensation as a “success fee”.
Will my solicitor charge me for costs if I lose my personal injury claim?
Before agreeing to work on a conditional fee basis, a competent personal injury solicitor will assess the merits of the claim. If you and your solicitor decide to proceed you may have to take out an insurance policy to cover both your and your opponent’s solicitors’ fees in the event that you lose your claim.