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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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