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What rights do I have while making an accident at work claim?

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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

    What rights do I have while making an accident at work claim?

    A lot of people who suffer an injury at work are reluctant to make a claim for fear of upsetting their employer. However, if you are among the 1.2 million people who suffer an injury or illness at work, you have the right to claim damages to compensate you for any pain, suffering and financial losses caused by an accident if wasn’t your fault. In making a claim, the law also offers protection to prevent your employer from dismissing you or otherwise acting unfairly.

    I’m worried about my job security if I make a work accident claim

    It is against the law for any employer to sack an employee because he or she is making a claim for personal injury compensation. Employers can only dismiss members of their workforce for a good reason and must provide written warnings and follow a set procedure.

    If any employee is dismissed because they are making a claim after suffering an accident at work, then they have the right to make an additional compensation claim for unfair dismissal. It is also against the law for an employer to harass an employee for making a claim or to treat them any differently. If this occurs, an employee has the right to launch a case for constructive dismissal, which could also result in compensation.

    Will I get sick pay if my injury forces me to take time off work?

    If you can’t work because you are injured then you have the right to statutory sick pay (SSP). However, SSP is usually a lot less than most people’s wages, and while some employers do pay more than the minimum, others do not, which means that the accident could affect you financially. It is therefore important to make a claim for personal injury, as otherwise an accident that wasn’t your fault could end up costing you a lot of money in lost earnings.

    Do I have the right to claim?

    If you are injured in an accident at work and it wasn’t your fault then you have the right to claim for compensation for the pain and suffering that were caused and for the costs inflicted on you. All employers have insurance to cover such claims so your claim for damages should not affect them financially. Because of this, few employers ever act unreasonably to members of their workforce who make a claim for personal injury, so you should not be afraid to do so.

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