What happens when you instruct a solicitor for your workplace accident claim claim?

Once you have gone through the selection process of finding an expert work accident solicitor, you want to know what will happen next with your workplace accident claim. This article deals with what happens from the initial interview with your solicitor through to your solicitor making contact with your employer and their insurance company.

Your workplace accident claim -the initial interview

Once you have chosen a solicitor to help you, the first thing they will need to do is to find out all the details of your workplace accident. They will want to review all of the evidence you have obtained such as photographs and the details of any colleagues who were witnesses to the accident. They will normally arrange to do this face-to-face, either through a meeting in their offices, or if you are still injured, meeting you at home. Before you meet with the solicitor, it is important to ensure you have all of the documentation and details of the accident to hand so that you can answer any of the questions.

The solicitor will ask you to take them through the circumstances of the accident, which will include the following:

  • Training that you had had prior to the accident as regards health and safety (particularly if your accident occurred as a result of use of machinery)
  • Details of the accident
  • Details of any witnesses to the accident
  • What happened immediately after the accident
  • Treatment received by you (along with full details of the hospital attended)
  • The effect the injury has had on you on a day-to-day basis since the accident

Witness Statements

The information our accident solicitors have obtained from you will be put into a formal witness statement. Your solicitor will prepare this for you from the information you have provided in the initial interview. He will ask you to check it through carefully to ensure that it is accurate.

In addition to obtaining a witness statement from you, your solicitor will also want to obtain witness statements about the circumstances of the accident from any of the other witnesses. He will arrange to see them, again either in the offices or at their homes. This witness evidence will be necessary to support your claim as often employers will attempt to put the blame on you or your colleagues for the accident. Therefore, the more evidence your solicitor can obtain at the beginning of the case before making contact with your employer or their insurance company, the more chance you will have of a successful claim for work accident compensation.

Letter To Your Employer/
Their Insurance Company

Every employer must have insurance to cover them for any injuries to their employees. This is obligatory. Therefore, whilst your solicitor will initially have to prepare a letter detailing the circumstances of your accident to your employer, this will have to be passed by your employer to their insurance company. Your employer (their insurer) will be given 21 days to acknowledge receipt of this letter and then a further 3 months to respond. The response will either confirm responsibility for the accident, or deny it and put the onus on your solicitor to prove that your employer was negligent (i.e. responsible for your injuries).

If they accept responsibility for the accident the next stage will be to obtain full details of your claim including medical evidence and details of your losses. If, however, they deny responsibility for your accident, your solicitor will need to consider obtaining further evidence to support your claim. This might take the form of an expert’s report if the injury involves a certain type of machinery or other equipment such as fork lift trucks, for example.

Free workplace accident claim advice from our Solicitors

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