Making a Claim

If you have been injured or have become ill due to the negligence/breach of a duty of care of an employer, or anyone else at work such as a fellow employee, a third party contractor or the occupiers of a site you are sent to, you may be able to make a claim that is likely to be met by a third party insurer. This is so even if you were partly responsible.

When an injury occurs at work it important to report it as soon as possible, noting the name of the manager to whom is was reported and to seek prompt medical attention and to keep records of all losses and expenses that have or may be incurred. If you are employed and are off work you will be entitled to Statutory Sick Pay after 3 days and possibly company sick pay depending on the your Terms of Employment. Your holiday pay entitlement will continue to accrue.

Carrs Solicitors will listen to you and will advise you free of charge as to whether you have a claim, what bringing a claim would involve without any pressure to continue and will try to answer all your questions. If you decide to go ahead we will check to see whether you may be entitled to free representation through trade union membership or legal expenses insurance cover. If those options are not available we can act for you on a no win- no fee basis, meaning that we do not charge you if the claim fails. If the claim succeeds we seek an agreed costs contribution from part of our Client’s damages for their injury and past loss known as a 'success fee' with the majority of the award going to the client. No deductions are made from awards for future /ongoing losses.

We will ask you for a full statement, any records you may have to include for instance any photographs of the accident location and relevant equipment, site plans , wage slips or bank statements and the names and contact details of any witnesses and details of your injury or illness, your medical treatment and history and details of how you have been affected and of your losses. We will then trace and notify the relevant insurer and defendant and after your injury /condition has stabilised we will send off for copies of your medical records and after these are received set up a medical appointment

Depending on whether liability is admitted and the injury and loss is accepted we may be able to negotiate a settlement and bring the claim to an early conclusion. If legal responsibility (liability), the medical diagnosis or prognosis, causation, or the value of the claim remains in dispute we may have to commence court proceedings. We would only do this with your permission.

If a case has to be pursued through the courts there are various procedural steps to be taken to prepare for an eventual damages assessment to include disclosure of documents and records and the exchange of witness statements.

The first meeting we have with you is very important as it helps us to establish and explain to you the merits of your case from a legal perspective, as well as any evidential and procedural considerations, the likely level of damages you may be entitled to and the likely time scales for your case to include the date by which your case will become time barred under the Limitation Act 1980.

If your claim relates to occupational illness, we will ask you for a full account of your past medical and employment history, your working environment any steps taken by the relevant employer(s) to reduce the risk of harm to staff, the onset your health problems,the treating clinician's medical diagnosis and prognosis and the contact details of your GP and Hospital Specialists involved in your healthcare and any occupational health monitoring or care that has been provided by the relevant employers.