Accident at work claim.....

[RoyCropper]

Recently sustained an accident through no fault of my own while working on a construction site. Nothing major but likely to leave facial scars. Just have a few questions about a potential claim for loss of earnings etc. 

 

Any legal eagles free to give me 5/10 minutes of your time via pm?...Any help greatly appreciated. Thanks...

[Cruyff Turn]

Firstly, I’m not a lawyer. Just to make that clear but this comes under Civil Proceedings so you’d have to speak to a lawyer in the “Civil Actions” field.

 

What I can tell you is -

 

I believe this would come under a ‘Civil’ action of Delict in Scots Law ‘I.e. “Injuria Damnum - “Your loss which was caused by legal wrong by another party due to their lack of duty of care and negligence”.

 

In essence it means that the person that has wronged another must compensate for any loss that person has suffered.

 

In English Law I think it comes under “tort”.

 

You firstly need to prove that your employer to be negligent in its duty of care for them to be liable for reparations.

 

It must meet these five tests and each must be present for an action to take place.

 

Conduct - 

1. the act must be that of a human being. 
2. The act must be performed voluntarily.
3. Conduct maybe in either the form of positive act (e.g. driving into someone) or an omission (e.g. forgetting to put on a handbrake on an incline resulting in a collision).

Wrongfullness-

1. there a legally recognised interest that has been infringed?
2. Was the legally recognised interest infringed wrongfully or in an unreasonable manner.

Fault -

 

Two main forms of fault are found, namely, intention and negligence.

In short, fault means that a person can be blamed for his conduct.

However, before a person can be blamed for his conduct, one has to establish whether he can be held accountable.

 

Intent - A person acts intentionally if he purposely does something he knows to be wrong.

 

Negligence - Negligence on the other hand occurs when a person unintentionally commits a wrongful deed.

In this regard, the reasonable man test is used which involves the answering of two questions:

1. Would the reasonable man have foreseen his conduct causing damage?
2. If so, could any steps have been taken to avoid the damage?

A person is negligent if the answer to both questions is yes.

 

 

Causation - For a delict to exist there must be a connection (causal nexus) between conduct and damage. In other words, did the conduct cause the damage?

 

Damage - Damage includes both patrimonial (pecuniary) as well as non-patrimonial (non-pecuniary loss).
 

Partimonial Loss - Is like the loss of property which was damaged by the defendant and this action has been taken to recover monetary value or losses.Loss of earnings.

 

Non- Partimonial Loss - Is for injury, disfigurement, loss of sight, where there is no monetary value. 

 

Perhaps this will send you on the right tracks. 

 

 

[Herbert.]

Phone digby brown they are vultures they will get you a good settlement and they don't take money out your winnings.

[Tazio]

2 hours ago, Herbert said:

Phone digby brown they are vultures they will get you a good settlement and they don't take money out your winnings.

 

Of course you have to pay them. The money isn't taken by them in name directly but by a linked company. 

[Herbert.]

1 hour ago, Tazio said:

 

Of course you have to pay them. The money isn't taken by them in name directly but by a linked company. 

 

Yeah they get paid but it's not out your settlement they get paid by the insurance company atleast they did when I used them I kept every penny I was awarded.

[benny]

Long drawn out process.If you are in a union they should guide you a the lawyers they use...

A lot cheaper too.

[Helzibob]

7 hours ago, benny said:

Long drawn out process.If you are in a union they should guide you a the lawyers they use...

A lot cheaper too.

 

I was going to say this too. If you’re in a union then go via them. My mum just got a pay out from a car accident and my dad’s trade union solicitors sorted it all out. 

[¼½¾]

12 hours ago, Herbert said:

 

Yeah they get paid but it's not out your settlement they get paid by the insurance company atleast they did when I used them I kept every penny I was awarded.

I always assumed those no-win-no-fee lawyers got their money from 'costs' awarded by the court. 

[SUTOL]

30 minutes ago, Lemongrab said:

I always assumed those no-win-no-fee lawyers got their money from 'costs' awarded by the court. 

 

 

Yes, but is it not usually the wronged part gets an award of £xxx plus costs.

 

So the person making the claim gets the £xxx and the lawyers etc get their costs/fees. 

 

 

I believe some less scrupulous lawyers will take a percentage of the awarded amount as well. 

[iantjambo]

17 hours ago, Herbert said:

Phone digby brown they are vultures they will get you a good settlement and they don't take money out your winnings.

 

This.

 

I know someone who went through Digby Brown after an accident at work.

Took a good year and a half to two years to sort out but my mate got a very good payout.

I think DB took 20% of the payout.

[Ricardo Shillyshally]

Go to a decent solicitor, but not the one with the fluffy radio adverts who actyally are a bunch of sharks with a terrible reputation.