Information on Industrial Injuries

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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

    Information on Industrial Injuries

    There are laws in place which compel any employer to ensure the working environment they provide for their members of staff is as safe as it possibly can be. Historically, workers in places such as factories may well have been considered dispensable, but it is now accepted everyone should safe from illness and injury at work, regardless of their occupation.

    If you’ve been injured at work, and the accident which caused it could reasonably have been prevented, you may well be in a position to make a claim for compensation. Any amount you are awarded will be based on a combination of immediate expenses, and an attempt to make up for current and projected lost earnings. While many workplace injuries come about as the result of one-off incidents, they can also result over a period of time due to unsafe working practices. Among the conditions which often form the basis for compensation claims are the following:

    Tenosynovitis and Tendonitis

    Tenosynovitis and tendonitis are conditions which affect the tendons in a person’s body. They often, although not always, occur together. Put simply, tendonitis is something which affects the tendon itself, whilst tenosynovitis relates to inflammation of the protective sheath around the tendon. The tendon is the name given to the tissue which attaches your muscles to your bones, and it can become inflamed and painful if overused. The overuse in question usually revolves around having to make a single movement repeatedly. At work, this often involves tasks such as typing, data entry or production line activity. In cases such as this it is generally the tendons of the hand and wrist which are affected, with the condition referred to as RSI (repetitive strain injury). Symptoms to look out for include aches and pains, swelling, stiffness, cramp, weakness, tenderness, tingling and/or numbness.

    If you do the kind of work which could lead to RSI, your employer has a duty to provide modified equipment (adapted keyboards, gel wrist pads, a modified mouse etc.) and regular rest periods. If they’ve failed in this duty and you’ve consequently developed RSI, you have every right to think about seeking compensation.

    Osteoarthritis

    Osteoarthritis is a condition which causes stiffness and pain in a person’s joints. The condition occurs when the place where two bones meet becomes worn or damaged. In a healthy joint, the ends of the bones are covered with a tissue called cartilage which is tough, but flexible, and protects the bones as they move. Between the cartilage is a substance known as synovial fluid. Osteoarthritis occurs when the cartilage becomes damaged or worn and is unable to repair itself. This sees the bones of the joint grind together in a manner which can cause stiffness, pain and swelling.

    While it can occur in any joint on the body, osteoarthritis is particularly common in the knee joint, especially among people who have worked at a job which called for long periods of kneeling. Occupations such as mining, for example, can cause the condition to such a degree that ‘Miner’s Knee’ is officially registered as a medical complaint. Other jobs which may lead to the joint of the knees becoming damaged include carpet fitting, cleaning and gardening. If you do this kind of work and have developed osteoarthritis of the knee then it could be because your employer was negligent through a failure to provide specialised equipment, or sufficient rest breaks.

    Getting compensation for an industrial injury

    One thing all of these conditions share is that they can have a hugely debilitating effect on the lives of those unlucky enough to be suffering from them. If you’ve developed any of these conditions and feel that this may be due to negligence on the part of your employer, you may well be in a position to seek compensation. Any or all of these conditions could result in long term medical treatment, a loss of earning power, and a need to specially adapt the place in which you live. Bearing all of this in mind, it’s only right that the person or company responsible should bear the cost.

    If you call 0800 234 6438, or submit your details using the online claim form at the top of the page, a trained legal adviser will note down the details of your case and give you an honest evaluation of whether you have grounds to seek compensation. If you do, they will find you an expert solicitors who will use all of their skill and experience to build the strongest possible case on your behalf, on a ‘no win no fee‘ basis to ensure access to justice doesn’t cost you a fortune.

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