How To Make No Win No Fee Accident Claims and Seek Compensation

If you have had an accident while at work, and wish to file a no win no fee work accident compensation claim, or ask the help of no win no fee accident claims solicitors, it’s important to have a checklist to make sure you are on the right track. Here are a few tips to remember about accident at work claims.

Employers and employees – Things to know about Injury Claims

Before filing no win no fee accident claims, it’s important to define an employer’s responsibilities, and what employees should expect.

According to the HSE (Health and Safety Executive), employers should protect, within bounds of reason and practicality, the health, safety and welfare of employees and others who may be affected by their business. 

This requires the following:

- Controlling any risks to injury or health within the workplace
- Carrying out risk assessments for workplaces
- Inform employees of all risks and protective measures, and give training and instructions on how to deal with risks
- Consultation with employees concerning all health and safety issues
- Follow other HSE directives that apply to the specific workplace

However, employees also have their own duties in consideration for work accident compensation, notably:

- Responsibility for safety in the workplace, once properly trained and informed, and extending that responsibility to others
- Informing employers and all proper authorities of any health and safety issues in the workplace

It is also important that an employee inform the proper authorities if he or she has personal health concerns, before filing a proper accident compensation claim.

Other accident compensation claim considerations

There are other considerations when filing no win no fee accident injury claims. An employee who works for local authorities (but not Parish Councils), boards or committees with members who are local authorities, the police, nationalised industries or subsidiaries, some publicly-funded organizations, health service bodies (or NHS Trust), and offshore installations, ships and hovercrafts may have to consider different concerns, as these organizations are not required to have Employer’s Liability Compulsory Insurance.

The legal definition of “employee” is also a serious concern, as it only covers contracts of service or apprenticeship with an employer, with specified manual, clerical or other duties. The contract can be written or verbal, for full- or part-time work. However, if you are an independent contractor, a domestic servant (or any person employed for non-business activity), or are related to the employer (as family, including ties brought about by adoption), you do not qualify as an employee.

Finally, if you are not a resident of the United Kingdom, if you have been working for fewer than 14 days, then you also do not qualify for no win no fee work accident claims and compensation.

A No Win No Fee Letter, complaint, or mediation

The very first step in accident compensation starts with addressing the issue between you and your employer.

Before using formal channels, it would be best to reach an agreement informally, if possible – particularly if the injury is minor in nature. If you wish for a more formal and speedier way of going about it without resorting to a court hearing, it may be a good idea to use a mediation service or claim management company.

Injury Claims Insurance

The very first concerns when looking over your insurance policies is to see if you have “legal expenses insurance” and if you have legal cover as a member of a trade union or a similar kind of organization. Do check if those expenses cover the type of no win no fee work accident claims your situation falls under.

However, if you have no insurance at present, then it is a good idea to take out insurance anyway, to protect yourself against a possibly large legal expense. This is where accident claims solicitors come in, as they can help you choose an “after the event” insurance policy, perhaps even setting up so that your situation can be considered under no win, no fee accident claims.

Be prepared, though, that some insurance companies will not insure you at all if they think your case is unlikely to succeed. You should also think about how some policies will be very expensive, even if they do offer large coverage for no win no fee accident claims.

More on No Win No Fee Solicitors and claims companies

If you will seek the services of a no win no fee accident claims solicitor or claims company (through an accident claims helpline), you must be very clear about all possible legal and related costs before even agreeing to any sort of contract or service. Do remember, too, that it will be difficult to find legal aid for personal injury cases. If you think you need even more information about hiring a solicitor or claims company, do contact Citizens Advice.
Here, too, is an important note about claims companies: they can help you find a solicitor, but unless the claim handlers are solicitors themselves, they will not be able to represent you in court for your accident compensation claim.

No win, no fee agreements

In some cases, particularly those where the accident compensation claim has a strong chance of winning, a solicitor will handle your case on a no win no fee basis, so they will be paid his or her fee only if the case is won. However, other costs will still have to be paid, such as fees for expert testimonies, court fees, and traveling expenses. A solicitor may also charge a fee for winning the case.

If your chosen legal support does not operate on a no win no fee basis then you will also have to consider if the case is important enough to risk losing. If you do lose your case, you will have to pay for the other side’s legal costs and expenses – the same as what your own solicitor will charge you.

If you believe that your work accident compensation claim has a strong chance of winning in court, or even in out-of-court mediation, then you should pursue it, and make be aware of the costs and expenses that it will come with.