Accidents at work

In the majority of accidents at work claims, you need to make a claim within three years of the accident. 

However, as there are protocols to be completed before proceedings are issued, such as investigating liability for the accident including details of risk assessment procedures, collecting witness statements alongside gathering medical evidence and evidence of any other losses it is important that if you have suffered an injury as a result of an accident at work, you should seek advice as soon as possible. 

There are certain circumstances where this time limit may differ, such as those involving children or those with a mental illness which means they are unable to deal with a claim on their own behalf. 

There are also cases where three year time period can be extended at the discretion of the Court, however, it is very difficult to obtain this discretion. Our lawyers will be able to advise you on the time limits for your individual circumstances. The length of the process will depend on individual factors of your case, such as the severity of your injuries and the co-operation of your employers.

Who is liable for an accident at work depends on the reason why the accident occurred. 

If the accident occurred because your employer failed to follow health and safety legislation or was negligent then you may be able to make a claim against them. 

Whatever industry you work in, they have a legal responsibility to ensure you are safe at work, which means that they must: 

• Create and follow safe working practices 
• Minimise health and safety risks 
• Ensure you and colleagues are properly trained 
• Provide suitable work and personal protective equipment 
• Carry out regular risk assessments taking note of those assessments. 

Even if another employee causes an accident in the workplace, your employer may be ultimately responsible where that employee is carrying out his duties. Your employer must have employers’ liability insurance in place by law, to ensure they are able to cover the costs of any claims for injuries in accidents at work.

Every personal injury or accident claim is different, meaning the total compensation paid out will vary on a case-by-case basis. Some of the main factors that affect the amount of your personal injury compensation include the severity of your injuries, loss of earnings as a result of your injuries and any other financial damages.

The length of the process will depend on individual factors of your case, such as the severity of your injuries and the co-operation of your employers.

Financing an accident or personal injury claim can be a major concern for those who may be entitled to compensation, with many people put off by the potential costs. 

At Jordans, we do take cases on under a Conditional Fee Agreement, also known as a No Win, No Fee Agreement. At your initial consultation, our team will advise whether you qualify for a No Win, No Fee service. 

In brief, as long as you provide truthful instructions and co-operate with us during the personal injury claims process, your claim will be dealt with under a No Win No Fee Agreement. 

Should your claim be unsuccessful then you will not be charged for the work we do. If your personal injury or accident claim is successful, the Government rules now state that part of the costs of the case – the ‘success fee’ – can be deducted from any damages you receive. The success fee deduction is calculated with reference to the risks of your case but the deduction is always capped at a maximum of 25% of any compensation you receive. 

It may be that it is recommended for you to take out an insurance policy to cover the cost of various expenses during the life of your case (such as the cost of medical reports and Court fees). This insurance policy must also be paid from any successful compensation. During your consultation, this will all be explained in full so that you know what to expect.