How Much Could I be Awarded?

Compensation is paid based on the extent of the injury, and a valuation can be placed on the claim after a medical assessment, which your Solicitor will arrange for you. It is also only awarded if you win the case ie, your Solicitor satisfies someone (on the balance of probabilities) that you have an injury or disease caused by the negligence of another.

There can often be a dispute about the extent of your injury, and when the Court is asked to decide, a judge will consider recently decided cases and also the ‘Judicial Studies Board Guidelines’. .

Your Solicitor will advise you about whether you will be entitled to:

General Damages. This is a compensation award for being caused the pain, suffering and inconvenience of the injury and the way it affects your quality of life.

Handicap on the Labour Market. This is if the damage makes it likely that should you find yourself out of work that you would find it difficult to do the same work. It recognises that you may have to re-train to do other work, or may be less easily employable against someone of your experience but without the same problem.

Special Damages. This is for the cost of any treatment or equipment recommended by the expert consultant, and which the Court believes you would benefit from. For example, in claims for Noise Induced Hearing Loss (NIHL) these regularly include the purchase, maintenance and replacement costs for hearing aids, together with any Tinnitus Management training.

How Long Does a Claim Take?

Various factors can affect the speed of a settlement. Your Solicitor will only be able to register your claim once you have completed your No Win No Fee paperwork and the medical report is provided.

We will only refer your claim to APIL accredited Solicitors because they are recognised as specialists in personal injury and industrial disease claims. On that basis, your claim is likely to be completed much more quickly. Remember that on a No Win No Fee basis, your Solicitor will recover your legal fees after your claim has been won, so s/he has an interest in winning quickly!

We are told that as a very rough rule of thumb, a small percentage of claims settle within the first 3-6 months after the claim has been registered. About 70% of claims are completed within 2 years of registration of the claim.

If you would like to see a summary of the protocols that may affect your claim, please click here.

Once Court proceedings are issued, the Court sets its own timetable for management of your case.

The Courts like to have most cases to be determined at a Trial, if not by negotiation, within 12 months of proceedings being issued.

If your claim becomes part of a large action against the same employer, it can take a long time to complete. These kind of actions have been known to take more than 5 years!

What’s Involved For Me?

You will have to go for at least one medical assessment, and possibly a second. This assessment usually comprises a medical examination, followed by an interview with a consultant who will ask you about your work history, the onset of your symptoms and how they affect you now.

If you do not have sufficient damage to warrant a claim, or if your symptoms are attributable to something else, then you will be told at the initial assessment and your claim will probably go no further.

Your Solicitor should always be available to help you with advice or to answer any queries and should also write to you with updates at each key stage of your claim. Most Solicitors will like you to complete a questionnaire at the beginning of their investigations for you, and will probably want to talk to you about the details of your exposure and your symptoms. Most will do this over the telephone, and most will visit you at your home if you want.

According to the official court statistics not many claims where Court proceedings are issued actually go to Trial. Statistically you are unlikely to have to turn up and explain your claim to a Judge, but your Solicitor will advise you about that.

As a note of interest, the Court is promoting the increased use of mediation and settlement negotiations now, to avoid as many cases going to Trial.

The Company I Worked For No Longer Exists

By law, the company that you worked for had to hold ‘Employers Liability Insurance’ for if an employee had an accident or was caused an injury that was the company’s fault. As long as your Solicitor can identify that insurer then it doesn’t matter that the company no longer exists. There are a variety of different official searches that your Solicitor can use.

Your claim may be unsuccessful if the insurers cannot be traced.

Will a Claim Affect My Job?

Some people are worried about bringing a claim against their current employer because they are worried about reprisals.

According to the Solicitors we refer our clients to, it is often the case that improvements are made by the employer which prevent any further damage and improve working practices. After all, it is their Employers’ Liability Insurers who will pay out any compensation!

Your Solicitor will be able to advise you about any employment issues if you need any help.

Will a Claim Affect my Benefits?

Some types of means tested benefits can be affected by compensation. Your Solicitor will be asked to advise you about setting up what is known as a Personal Injury Trust as part of your claim. This is a way to keep your compensation out of that assessment.

In fact, if you are diagnosed with an injury caused by work, then you may be able to apply for an award of Industrial Injuries Disablement Benefit, which results in a weekly or monthly payment. This is completely separate and in addition to your compensation claim.