Accidents & Claims
Background
Having a serious accident can be very distressing, especially if the accident was a result of another person(s) wrong-doing or negligence. Not only will you likely be in discomfort or pain but you may also feel angry and distressed by the whole ordeal.
Common accident claims
Every year thousands of people in the United Kingdom suffer an accident which was not their fault. Whether at work, at home or when travelling, accidents can occur at any time and can have a huge impact on the individual concerned.
Some of the most commonly caused accidents are:
- Road traffic accidents
- Tripping/Slipping cases
- Industrial diseases contracted at work (e.g. asbestosis)
- Medical Negligence
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Accidents at work
No matter where you work, be it in an office or on a building site, accidents can unfortunately happen and are relatively common in the workplace. Even if you think an accident at work will never happen to you, every workplace has its own set of hazards that if ignored could cause injuries – even to you!
If you are unfortunate enough to have experienced an accident at work, your first reaction may be that it was your fault and you should have been more careful. It is worthwhile remembering however that your employer is also responsible for your health and safety whilst you are at work.
All employers in Northern Ireland are required by law to minimise accidents at work and take appropriate steps to ensure the work environment is safe and to eliminate or control any risks to your health.
Depending on the nature of your job, this could mean that your employer must:
- Road Traffic Accidents
- Tripping/Slipping Cases
- Accidents at Work
- Industrial diseases contracted at work (e.g. asbestosis)
- Medical Negligence
If you are an employer you have a continuing obligation to provide your staff with a safe working environment. If you fail to do this and a member of staff suffers an injury as a result, you could be liable for a compensation claim. It is also your legal obligation as an employer to have an appropriate insurance policy in place to cover accident at work claims.
A claim for compensation will take into account the injuries suffered including any loss of earnings due to time off work. The claimant may also be eligible for legal aid funding to assist with their claim.
The most common question people ask is whether they can be sacked for making a claim for compensation against their employer. The answer is no, an employer cannot legally dismiss a member of staff simply because they have made a claim for compensation. If an employer attempts to do this the Courts may deem it to be an unfair dismissal.
Similarly, if an employer puts a member of staff under such severe pressure in an attempt to make the claimant resign there could be a strong case for constructive dismissal.
The time limit for making a claim is three years from the date of the accident, however, we recommend that you seek appropriate legal advice as soon as possible after the accident when the details of what actually happened will be fresh and easily remembered.
Article attributed to Darren Rainey, Partner, Hunt Solicitors.
How can we help?
Hunt Solicitors is here for you no matter what accident you have endured due to someone else’s negligence. Our team has extensive experience with all kinds of accidents and claims over the years. We will work to support and advise you throughout the entire accident claim process – from arranging for you to see specialist Medical Consultants to ensuring you have legal representation in Court if your case requires it.
Eligible for legal aid?
Our experienced Litigation team will advise you fully from the outset about funding any potential claims and whether you are eligible for Legal Aid. If you are entitled to Legal Aid then the Northern Ireland Legal Services Agency can step in and cover all or part of your legal fees.
If you do not qualify for Legal Aid you may also find that your Home Insurance will cover legal costs. In any event, Hunt Solicitors will endeavour to achieve the payment of compensation with your Legal Costs being met by the other party.
Contact us
To speak with a member of our Accidents & Claims team, to discuss your circumstances, or to arrange a free initial consultation, please fill in this short form to make an enquiry.
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