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Work Accident Claims: Frequently Asked Questions

There are a number of common concerns that a person can have when considering making an accident claim against their employer. While it's perfectly normal to experience these trepidations, they shouldn't prevent you from seeking the compensation you deserve, following an accident in the workplace.

It's important to have as much information as possible, in order to make an informed a decision as to whether you'd like to make a claim or not. For this reason we've prepared a list of frequently asked questions regarding work accident claims, to give you confidence that making a claim won't be more trouble than it's worth.

Could I lose my job if I make an accident claim against my employer?

Many people worry that making a work accident claim could result in them losing their job. Fortunately, there are laws in place to ensure this doesn't happen. You won't lose your job if you make a work accident claim.

If you're the victim of an accident you should claim appropriate compensation. If your employer does act inappropriately and terminate your employment, it is possible to claim further compensation for unfair dismissal.

Will I receive 100% of the compensation?

Yes.

If your claim is successful, you will be awarded compensation. During proceedings, your solicitor will negotiate an amount of compensation with the other side. This will cover general damages (pain, suffering, loss of amenity) and special damages (financial losses). Once an amount of compensation has been agreed, you will receive 100% of it. The solicitor's fee will then be paid by the other side; in this case your employer's insurance company.

What happens if my claim is lost?

Even if your claim is unsuccessful, you will not pay anything. This is because the cost of proceedings will be covered by the solicitor's insurance cover.

Are there any hidden costs involved in making a claim?

You will not pay anything if you win your claim and you will not pay anything if you lose your claim.

Sleepy Drivers Warned to Stay Awake at the Wheel

Motoring charity Brake has warned that drivers risk accident claims by falling asleep while driving.

Research commissioned by the Brake charity shows that one in eight drivers has 'head-nodded' while driving their cars. The term head-nodding refers to the process of drifting into sleep for between two and thirty seconds without realising. That so many drivers would fall asleep behind the wheel is alarming and has a high likelihood of leading to a large amount of accidents, and in turn accident claims.

The Brake report on the subject of driving whilst asleep explains that it takes just a few seconds of sleep while driving to cause a major motoring accident. Furthermore, each accident could in turn spark multiple road traffic accident claims, which in turn could result in massive insurance renewal spikes. And this is not to mention the obvious direct dangers that could be caused.

The same survey, commissioned by Brake, also found that one in four motorists has begun a journey whilst already feeling drowsy. This is a major factor in the high number of sleeping incidents documented.

Brake's campaigns director, Julie Townsend was quoted as saying "Tiredness at the wheel kills. Driving a vehicle is a huge responsibility that must be taken seriously.

"That means stopping when we feel drowsy and certainly never starting a journey tired."

The charity's research also proved that the vast majority of people (around 86%) do not follow best practice advice for dealing with motoring fatigue, which is to stop somewhere safe to take a nap.

Earlier this month, the same charity revealed that one in sixty young male drivers will experience a road traffic accident involving either death or injury to themselves, a passenger or passer-by.

Insurance Premiums to Rise and Rise

Following a record number of claims in 2010, sources believe that motor insurance premiums are set to soar in the next year.

According to the figures released by accountancy firm Deloitte as part of their analysis of the UK car insurance industry, insurance companies incurred major losses last year, totalling as much as £2billion. As a result, the majority of insurers have further increased their car insurance premiums in an attempt to stem the flow and begin a recovery.

It is believed that for every 100 pence in premiums, which British insurance companies received, an estimated 120 pence was paid out in claims.

This means that the vast majority of insurance companies suffered major losses last year despite the 10% increase in car insurance premiums that had already taken place, because of the unprecedented surge in the number of claims.

Insurance providers will now continue to steeply inflate premiums, in a bid to recoup some of these hefty losses, but even if they're successful it is estimated that most insurance companies will not break even until the year 2012.

This news follows the AA's recent announcement that insurance premiums for new cars would rise as much as 30% in the coming year. While the exact magnitude of the increase can only be guessed at, it seems that bad news is on the cards for the vast majority of road users.

One guarantee is that should the number of claims, and the outlay involved, continue to increase then the cost of car insurance premiums is likely to do the same. Until the insurance providers get back to black, the cost to those insured will continue to soar.


Accident at Work Compensation Claim After Takeaway Accident

A takeaway restaurant is at the centre of a personal injury compensation claim after it has emerged that an employee suffered a serious personal injury while working there.

It has been reported in the Liverpool Echo that a fifty-six year old, Sylvia Cheung had just completed her shift at the takeaway and slipped on the floor which was wet at the time.

Sylvia Cheung was knocked unconscious however more significant damage was to emerge in the form of a devastating injury to her spinal column. Mrs Cheungs legal team claim that she could become dependent on the use of a wheelchair in the future.

The personal injury compensation claim has reached the high court in London Judge John Leighton Williams QC decided that Mrs. Cheung was partly liable for her own injuries but ruled that the owner of the takeaway Mrs. Zhu had breached Health and Safety Regulations and should be held 85% responsible for the accident.

The actual amount of compensation Mrs. Cheung will receive has yet to be decided but due to her injuries, her lawyers believe damages could be in excess of one million pounds.

Business owner Pei Hui Zhu speaking from the busy Yang Sing takeaway in Finch Road, Dovecot where the accident took place, was said to be very stressed over the incident.