Why don't more people injured at work claim compensation?
It is estimated by the Health and Safety Executive that UK workers sustain 850,000 injuries at work every year, but 9/10 of these people do not get any compensation.
There are a number of possible reasons why this is so.
1. Eligibility for compensation
To make a claim following an accident at work it needs to be proved that the employer failed in their duty of care to provide a safe environment for the employee (this is known as negligence) and that an injury occurred as a result.
A duty of care is the legal responsibility that an employer has to take practical steps to protect his employees from harm. There are conditions to this; duty of care is limited to what is deemed reasonable.
There are all sorts of ways that an employer could fail in their duty of care. Just a few examples of this are: a lack of safety equipment, dangerous machinery or premises, and a lack of proper training or supervision.
If an employee is injured in an accident caused by their employer's negligence, they are entitled to claim compensation.
2. Making a claim
Many people are deterred from making a claim simply because they don't know how to.
The first thing to do is to get legal advice from a solicitor who specialises in personal injury law or a reputable accident compensation company on whether you have a valid claim. The best place to start is by typing 'compensation claim' into a search engine (www.google.co.uk) Expect advice without obligation or pressure to make a claim, but if either occurs, go elsewhere.
If you decide to go ahead with your claim, your chosen representation should be able to give you all the advice and guidance you need.
3. Financial risk
People associate legal action with high costs that they can ill afford, so naturally, this puts them off from making a compensation claim.
There are three ways in which a claim can be funded:
1. Public funding (formally known as Legal Aid)
Legal Aid was withdrawn in 1998 for most personal injury claims, the main exception being in clinical and medical negligence cases. A no win, no fee scheme was introduced in its place.
"No win, no fee" means that the person claiming does not have to pay for their solicitor fees in the event that the claim is lost. However, they would still be liable to pay for the other side's solicitor fees and costs.
Some companies completely protect their customers from all costs and fees, whilst others do not. It is very important to be clear what kind of agreement you are signing up to before instructing a firm to act on your claim.
Another important thing to consider when choosing representation is what they want in the event of a successful claim. Some can take up to 40% of the compensation awarded, whilst others take none.
2. Legal expenses insurance
Legal expenses insurance is often attached to motor insurance policies and household contents insurance, and it covers the costs of legal proceedings in the event of a claim.
For example, if an injury happened through a car accident, legal expenses insurance could be called upon to pay for fees when making a personal injury claim.
3. Private funding
The option is open for people to fund a solicitor to make a personal injury claim for them. However, this is not recommended, because if the claim is unsuccessful, the person making the claim will have to pay not only their fees, but their opponent's fees and costs too, and this can cost thousands of pounds.
On the subject of choosing the right representation, Sophie Evans of www.youclaim.co.uk says,
"It is really important to make sure you understand fully the terms of any agreement you are thinking of entering into. Do not be afraid to ask lots of questions; find out if you would be liable to pay for any fees or costs for either side if you win or lose, find out if they take a cut of your compensation. If you choose the right company, your claim will be totally free and there will be no financial risk, whether your personal injury claim is successful or not."
4. Fear of damage to career prospects
It is understandable that people would be nervous about making a compensation claim against their employer, but in reality few people experience harassment at work after bringing a personal injury claim.
Employers understand that it is a legal entitlement for a compensation claim to be brought if there has been an injury at work that was the fault of the company, so victimisation is rare. Under the Health and Safety at Work Act (1974) harassing or bullying an employee at any time is unlawful.
In practice the claim is dealt with by the insurance company that covers the employer, so the boss of the person making the claim probably will not have as much involvement as might be expected. Separate action could be taken against an employer if there was any harassment or victimisation.
5. Social stigma
In America, the "compensation culture" is considered by many to be out of control, and people are fearful that Britain could be headed the same way. There have been some compensation claim companies who have used all sorts of distasteful tactics, including approaching injured people in hospital, encouraging frivolous claims and encouraging people to exaggerate the severity of their injuries.
However, the number of compensation claims that are being made in Britain has been decreasing in recent years so it seems that the UK is not headed in the same direction as America. There are a number of excellent companies that simply give the public access to personal injury compensation without adopting any underhand practices.
There may also be an element of social stigma involved with making a compensation claim. Some people may feel that the stereotypical claimant is an opportunist, out for to make money for even a very minor injury.
However, most claims are genuine, made by people who have had financial losses and suffered pain due to their injury, and they are simply looking to get compensation for the effects of their accident.
It is quickly forgotten that people have been successfully claiming compensation for many years. It is a civil and legal right to claim recompense for losses from a negligent party, and making a compensation claim is simply the exercising of that right.
www.youclaim.co.uk provides free, no obligation 24 hour legal advice online, or over the phone on 0800 10 757 95. A truly no cost personal injury compensation claim service, whether your claim is successful or not.
Editorial notes: YouClaim provides a free, ethical personal injury compensation service to people who have had an accident at work or in any other situation. Author: Alexandra Gubbins. For more information, call 0800 10 757 95 or go to http://www.youclaim.co.uk |
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