Accident Claims
Advice: If you believe your health has been affected
by your work place and thinking about contacting a Solicitor
about making a Claim against your Employer, you will need
to clearly document everything about how your health problems
came about. Printed documents are best as hand writing can
be hard to read by anyone other than the person that wrote
it.
If you have had an Accident or Work Related Illness, you
must bring a claim within 3 years of the incident or the Court
has the power to refuse to allow your Claim.
Unfair Dismissal or Constructive Dismissal claims must be
made within three months of the effective date of termination
of your employment. See Unfair
Dismissal for more on that subject.
Another claim you may make is Industrial Injuries Disablement
Benefit or Reduced Earnings through illness caused by your
work. These claims are made against your National Insurance
contributions. For more on that subject, see Disablement
Benefit.
Back to Accident Claims Advice:Solicitors
will need a full detailed report on conditions you thought
caused your illness including dates/ times and witnesses or
potential witnesses. Health and Safety (HSE) reports into
the incident are also desirable when available.
If the HSE have researched your employers over your incident,
you can apply to the HSE to have a copy of their report through
the Freedom
of Information Act.
In most cases, you will need a Medical Specialist Report
before you can take your Claim to Court. Any Specialist you
see about your health problems should be given all the data
you have produced for your Solicitor, including a copy of
the HSE report if you have one.
Medical people can sometimes start to mistrust you if they
suspect you are only interested in receiving a large amount
of money through your claim, so the Written Evidence should
help convince them to take your Health Problems Seriously.
The Written Evidence also makes sure that any reports medical
people produce are accurate. Many people have read their doctors
reports only to end up wondering if the report was actually
about them. By that time, it is often too late to try and
have that medical person create an accurate report. Many medical
people do not like being told by their patients they have
made a mistake.
You should also make it clear to any NHS Specialist concerned
that if they do not want to get involved in a court case,
they should document your tests and treatment carefully as
that evidence will be needed for another specialist to view
so they can make a report for the court case.
Your Solicitor will be able to hire a Specialist for your
case that is experience in court cases, cost about £400
- £500 ?.
If you have Legal Aid, they will fund the Specialist Report.
After all, the NHS Specialist will charge the same anyway.
Also, your NHS Specialist will no doubt not have the experience
in court cases, or a title, that could compare to the Expert
Witness the other side will hire.
When it comes to evidence, the court will be influenced more
by the Expert Witness with the highest qualifications.
In no way should an NHS Specialist, that does not want to
be involved in a court case, document his opinion on the connection
between your illness and your work. They should concentrate
only on documenting fact. They should not try to influence,
in any way, the specialist that will be creating a report
for your court case.
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If you suspect an NHS doctor of having added inaccurate evidence
in your medical files, you can apply for a copy of your medical
files through the Freedom
of Information Act. Your GP or Hospital may charge you
for these documents. You will be informed of the fee, if any,
after your application has been received.
If your Solicitor believes you have a good claim and you
may qualify for Legal Aid, the Solicitor will apply for Legal
Aid for you.
The Insurers of your Employers will normally request you
undergo an examination by the Specialist representing them.
You need to be aware this Specialist is under preasure to
create a report that could prevent your claim from succeeding.
If he produced a report in your favour, he would by lucky
to be hired by that firm again. Your Solicitor will advise
if you should attend such an examination or not.
When you receive a copy of that Specialist report, along
with the list of instructions the Solicitors hiring him to
report on, you should check to see if it contains any inaccuracies,
or, does not answer clearly what they have been asked to report
on. If it does, demand those inaccuracies are rectified as
soon as possible.
Most of these cases never reach court so do not rely on those
inaccuracies being rectified in court. Those inaccuracies
could lead to the case not reaching court. See the complaints
about Doctors on this
website to see what can happen.
If your Solicitor states you will not qualify for Legal Aid,
you should then be aware, that to continue with the case,
would no doubt be a costly affair.
Your claim is actually against the Insurers of your Employers.
These Insurers are known to deliberately drag the case out
as they know the Claimant is likely to run out of funds to
finance the case. Many people have invested many thousands
of pounds in Civil Claims only to end up running out of funds
and having to close the case.
Some Solicitors, if they think you have a strong case, will
take your case on in a No Win No Fee basis. You can find many
of these Solicitors advertising on the Internet. If these
firms refuse to take on your case, it means your case has
little chance of success.
Solicitors that take on Legal Aid cases can be found on the
website www.slab.org.uk
under (find your nearest solicitor).
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