Can You Really Make A Work Accident Compensation Claim Without Paying Legal Costs?

If you are considering making a claim for work accident compensation you will no doubt have seen many advertisements explaining that you can do so without incurring any costs and you can keep 100% of your compensation. However, we all know that every business has to make money. How do solicitors manage to represent accident victims without charging them costs?

This article explores the nature of work accident claims and how solicitors are able to ensure that they can run a business profitably whilst at the same time allowing you to keep all of your compensation.

Your Entitlement To Work Accident Compensation

We first need to look at why you can make a claim for compensation. Basically, you must prove that someone else was responsible for your injuries. When you are at work, your employer has a duty to ensure that you are protected and kept safe at all times. This duty extends to not only equipment that you use in the course of your employment but also to other staff that work with you. If the equipment is faulty or the other staff cause injury to you, your employer may be liable. If he is liable and you have suffered an injury you will then need to find a solicitor to pursue a claim for compensation for you. When you look for a solicitor make sure you find one that will allow you to keep all of your compensation.

Entitlement To Legal Costs

If you instruct a solicitor to help you with your claim and you are successful, there is a basic entitlement that the solicitor should in addition to the amount of compensation that you recover, also be able to reclaim their legal costs. Therefore, if you are successful in your claim, it is right that the solicitor will be able to recover their legal costs as well as your compensation. However, the entitlement is normally to recover the costs from their client, i.e. you. What happens in reality is that your employer (through their insurance company) will also have to pay your solicitor’s legal costs in as much as they are deemed ‘reasonable’.

By way of an example your solicitor might submit a bill for £5,000 for their costs, but the Court might decide that a more reasonable sum would have been £4,000. In theory, your solicitor could then ask you to pay the balance of £1,000. However, the reality is that some solicitors have decided not to ask their clients to pay these costs in order that you can keep all of the compensation that you were awarded.

It is this decision that means that you really can make a claim for compensation and keep 100% of it whilst a solicitor recovers most of their costs from your employer’s insurance company.

Conclusion

You can generally believe all of the advertisements that confirm that you will keep all of your compensation. However, even in competitive times there are some claims companies or even solicitors that will deduct administration costs or other hidden expenses from your compensation. When choosing a work accident solicitor, make sure you ask whether they charge any of these hidden costs so that you are not left with a nasty surprise at the end of your claim.

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