Showing posts with label Compensation claims. Show all posts
Showing posts with label Compensation claims. Show all posts

Thursday, January 10, 2008

Slips, Trips And Falls Injury Compensation Claim

Claiming compensation out from an injury that is caused by a slip, trip or fall can be tricky. If you slip on a patch of water at work, do you hold your employers liable or the plumbing company who did not work properly on the plumbing system? If you slipped on a road or a pavement, do you sue the council or the private firm that maintains the road or pavement?

Thankfully, you do not have to answer that question; your solicitor can answer that for you. Then again, you are required to present time-sensitive evidence. If you slipped on that puddle of water, check with your officemates that they saw it before your injury. If you need help in the documentation, your solicitor might have his own set of investigators who can gather the evidence for you, and properly at that.

Yes, a simple slip can cause head injuries, back injuries, broken bones and even paralysis. However, compensation claims for injuries arising from slipping and falling is one of the most abused. In the beginning, the councils simply paid out to anyone making a claim (for slipping on a road or a pavement) because an investigation would have cost more. The tide has turned however, and there are already strict guidelines and a good set of laws in place. You will find that although you tripped over a broken pavement slab, you cannot file a claim if the crack's lip does not reach the height requirement. And if you slipped on a slab that was broken only within the last 48 hours, the council will also not be held liable - they would not have known about the slab.

Thankfully though, the laws are kinder to those who have a genuine claim to file. These claims are often handled swiftly. Remember, though, that compensation claims for slips, trips and falls are only possible when the council or your employer has a proven liability. Do not expect a check in the mail if you tripped on your own shoelaces.

The rule of thumb then on claiming under "Slips, Trips and Falls" type of injury is that your slipping, tripping or falling was not your fault and you suffered from injuries that resulted in medical bills, loss of income, and pain.

In general, however, slips, trips and falls that were not your own fault could get you awarded for damages. These can include accidents that happened at work, or in public places, or in buildings, which were caused by uneven flooring or wet flooring. If you have any doubts on whether you are entitled to compensation or not, go and seek your solicitor's advice.

Aside from work places and roads, other circumstances under which you may make a claim for slips and falls include

(a) shops that do not keep their floors dry or free from any spillage,
(b) sports centers that do not keep their floors dry and free of hazardous objects, and
(c) other people's homes that have not been kept safe.

Article Tags: No Win No Fee, Solicitors, Personal Injury, Rta

Author: Hunter Blyth

About the Author:
Hunter writes articles for Start2Claim and Real Compensation
No Win No Fee Personal Injury Compensation Solicitors

Article Source:
http://www.articlesbase.com/law-articles/slips-trips-and-falls-injury-compensation-claim-290065.html


Recent Keyword Searches: miss diagnosis of osteoporosis, homeopathy healing broken hip bone, fractured tibia years ago mis shapen leg, heat therapy to heal broken rib ?, remove plate from my collar bone uk, what will happen if my cast gets wet, consequences from wearing cast for broken arm, how can you tell a broken arm, how to mend a human broken leg, can a cast cause damage if applied incorrectly

Thursday, January 3, 2008

The Myths About Claiming Compensation

There are many myths around how to make a compensation claim and how to go about it, and therefore so many people are afraid to even consider making a claim when they should as they are not only suffering from their injuries caused by the accident but also the loss of earnings and medical costs they are having to pay.

I will consider the myths in which put people off in making a compensation claim these are as follows:

Compensation Claims are Complex and Take a Long Time – if there is no issues with who is liable then the case will take around 8-12 months which isn’t a long time. If the liability is disputed the case will take longer as well as serious injury cases. At the start of the claim you will need to fill out quite a lot of paperwork but once that’s done your solicitor will take care of other things and try and make the claim successful with little hassle and delay.

You have to go to Court to Claim Compensation – most compensations claims are actually settled out of court and long before a court case is necessary. Everyone knows it’s cheaper to settle out of court and it also saves time for everyone. Only around 4% of compensation claims reach court for settlement.

Compensation Claims take Years to Settle – most compensation claims take around 8 to 12 months and therefore under a year. If there are problems within the case around liability then the case may take a couple of years.

The Law Protects Big Companies – in the UK the laws that are in place protect the public more than the companies. The UK is one of the most compassionate and considerate in the world. Maintenance of roads, vehicles and work environments are all closely watched under Health & Safety Regulations.

All of the Solicitors are Out to Get What They Want with Hidden Charges – solicitors easily get a bad name with bad press surrounding them from radio to papers to news channels. But solicitors are one of the best professionals which are regulated in the UK. There are always bad press saying that solicitors hide charges especially with the basis of No Win No Fee. In 2000 the legislation of No Win No Fee came into play which solicitors will work on your case for free in England and Wales.

Making a Claim Against your Employer will get you Sacked – there are many accidents each year that happen at work but many don’t claim as they believe they will be sacked if they do. An employer cannot sack you on the grounds that you are claiming against them; if they do you should claim for unfair dismissal. The law protects workers who have been with the employer for over 12 months.

You Cannot Obtain Medical Treatment whilst Claiming Compensation – this is just silly, if you have injuries they need to be looked at and cared for so they heal up as quickly as possible. The other party’s insurers may require to see you through your recovery process so they themselves can see the injuries you have. The quicker you receive treatment the quicker you are likely to respond and recover from your injuries.

I hope this had put your mind at rest and made you think clearly about claiming compensation if you have suffered injuries mentally or physically from an accident that wasn’t your fault. Whatever the injuries may be you have a legal and civil right to claim compensation.

Article Tags: No Win No Fee, Accident Claims, Medical Treatment, Claiming Compensation, Myths Of Compensation Claims, Medical Treatmentclaiming Compensation

About the Author:
Jene Pedder is the Webmaster of Accident Consult who specialise in
Making a Compensation Claim.

Article Source:
http://www.articlesbase.com/law-articles/the-myths-about-claiming-compensation-295680.html


Recent Keyword Searches: signs broken bone is healed, broken bone cast removal skin, broken bones remove the hardware, recuperating from spine fracture, fiberglass cast signing, lightweight casts broken hand, broken hand cast, neck broken car accident, broken leg in cast, smashed foot