Will I need to pay anything if my claim fails?

. ASD’s ‘No Win – No Fee’ service means that if your claim fails you won’t have to pay any fees. This includes any expenses, including fees for medical reports.

Will I have to pay anything if my claim is successful?

You will only pay a fee if your claim is successful and you win your case. How much you pay will depend on the type and value of your claim. There are no hidden fees so there will be nothing else for you to pay.

How much is my claim worth?

It is very difficult to say without arranging for you to be seen by a medical expert. It may be that you have to be seen by a number of different experts before the evidence is complete. You will be entitled to claim for pain, suffering and loss of amenity. Lawyers refer to this head of claim as General Damages. You will also be able to recover compensation for losses incurred from the date of the accident until the claim is settled. This could include loss of earnings, travelling expenses, care provided by family members. A separate head of claim is future losses. This could include loss of earnings if you are unable to work or your ability to earn money is reduced or on-going care provided by family members.

Will I lose my job if I claim against my employer?

Should you be dismissed as a result of claiming against your employer, following an injury at work, then your dismissal is likely to be automatically unfair. Similarly should be you be dismissed due to your employer’s breach of health and safety legislation, causing an accident and injury, then again your dismissal is likely to be automatically unfair.

Will my employer keep my job open for me indefinitely?

It is unlikely. Should your injuries be so significant that you can’t return to work then understandably your employer will need to find a replacement. Similarly, should your injuries likely keep you off work for a number of months/years, then, subject to your contract, your employer may seek to terminate your employment. However, any such termination must be in accordance with your contract, be well considered and carried out whilst maintaining sufficient communication with you.

Do I have to use solicitors suggested by or linked with my union?

. You can choose any solicitor you wish. Just because you are a member of a union does not mean that you have to use their recommended solicitor.

Can I claim for lost earnings?

YES. As part of your claim, whether you are an employee or self employed, your can recover the earnings you lose due to time off work caused by the injuries your sustained in the accident. Such lost earnings will be based on your average net earnings, worked out from your wage slips, accounts or tax returns.

When should I return to work after my accident?

As soon as you are fit enough and have recovered for your injuries you should return to work. The court will look favourably on an injured person who returns to work as soon as they are able, however, you should not return prematurely as this could delay your recovery from the injuries you sustained. Should there be any doubt then you should seek medical advice.

Do I have to keep my employer informed about my injuries and recovery? Can my employer call me in for welfare meetings or visit me at my home during my absence?

Generally it is always sensible to maintain good communication with your employer concerning your injuries and time off work; equally, a good and caring employer will wish to keep in contact with you during your absence and will wish you a quick recovery in the hope that you can return to work as soon as is possible. Accordingly, attendance at welfare meetings or visits from your employer are not uncommon. However, such meetings should not be used to discuss your case and claim and should be limited to your recovery or for accident investigation purposes, so as to assist your employer in preventing a reoccurrence.

Can my employer obtain a medical report or seek access to my medical records?

Unless there is an express term within your contract you are not obliged to disclose your medical records or submit for a medical examination as arranged by your employer.

What if I am self-employed?

If you are self-employed but you are working at someone’s premises then you have exactly the same right to make a claim as an employee.

How do I know if my employer is responsible?

You will only know for certain if your employer is legally responsible by speaking to a solicitor or legal professional. Your employer is likely to be responsible if they have been negligent and/or breached their duty of care to you.

Will I get sick pay after my accident at work?

Your employer is obliged to give you sick pay in accordance with your normal sick pay package which should be set out in your contract of employment.

Will I get full pay when I am off sick?

You’ll get pay according to your company’s sick pay package, which should be found in your contract of employment.

What happens to my pension if I claim from my employer?

Your pension is unaffected by your compensation.

What if I was working abroad for my employer when my accident happened?

You can still make a claim if you have an accident abroad if your employer is proven to have neglected their duty of care.

Does it matter what it says in the accident log book?

Yes. An employer should keep an accident log book and this should be filled out if an accident occurs. If there isn’t a record of the accident in the book you can still make a claim.

What is contributory negligence?

Contributory negligence is the carelessness that may have contributed to injury or suffering. It is used to determine liability.

Can I still get disability benefit if I claim from my employer?

Your benefits may be affected by compensation. It could be the case that a certain portion of the compensation you have claimed has to be paid to the state to make up for the benefits they have been paying you. To find out more visit gov.uk.

Will I have to go to court?

In rare instances if the defendant denies liability or an agreement can’t be reached as to the value of your claim, you might have to go to court, but normally personal injury claims can be settled without this step.

If I am an agency, temporary or contract/subcontract worker can I still make a claim?

Yes – however you are employed your employer still has a duty of care towards you especially when they control the environment you work in.

What if I am pregnant during my accident?

If you or your unborn child are put at risk because of your accident then this will be factored in to calculating your “heads of loss.”

What if I had no training to perform something that caused my accident?

Then your employer has probably neglected their duty of care and you may have a case to make a personal injury claim.