How do I know if my employer’s Health and Safety rules are correct?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    How do I know if my employer’s Health and Safety rules are correct?

    Every employer must ensure their workplace is safe for their employees to use. However, while the burden of responsibility is on the employer, it is also important to note that you, as the employee, have responsibilities. If you are unsure whether your employer is following the right health and safety rules, it is a good idea to find out more about workplace health and safety.

    Read the relevant legislation

    The Health and Safety at Work Act 1974 lays down the rules regarding safety in the workplace. If an employer fails to follow one or more health and safety rules and this course of action results in injury to an employee, the employee can bring a case for compensation.

    Rule specific to your workplace

    If you want to know more about health and safety at work, you can learn more without leaving your workplace. Different workplaces may have slightly different rules to follow, i.e. an oil rig will clearly present very different hazards to those that could be encountered when working in an office. You should have at least one health and safety representative at your place of work, and they will be able to tell you more about the rules that should be followed. You will find most of these rules are common sense, but there will be ones that provide more information on your employer’s responsibilities to his or her employees.

    Seek independent advice

    You can also do your own independent research if you wish. The best source of information is the HSE website, which is an official government website. This is available by visiting http://www.hse.gov.uk. By learning more about the official rules you can see whether your own employer is following the correct rules, or whether they are falling down on their responsibilities. If you suffer a workplace related injury, as a result of your employer falling short in this way, you may well be able to make a claim for compensation. Consult an injury solicitor today for more information if you have suffered this type of accident at work. We will assess your claim to see whether your employer is liable for your injury.

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