In order to be successful with your claim an injured person has to establish that somebody else is to blame, so there has to be a foreseeable risk of harm or injury or a breach of a statutory regulation. An example of that would be manual handling regulations which require training on manual handling and various other regulations, display unit equipment regulations, things like that.
Evidence will also be obtained to support all of your other losses which might include, lost earning, private medical treatment, additional transportation costs, any other losses or expenses you have incurred. This evidence will include receipts, wages slips, and other documentation to prove all of your claims. The majority of claims are settled through negotiation with the employers insurance company, once the evidence has been gathered in about the value of the case, they’ve had the opportunity to investigate who’s responsible for the accident then they will acknowledge the risks involved, make settlement proposals and the solicitor will look at those settlement proposals and see whether they are reasonable or not and how to respond to them.
The value of the claim is ascertained by the solicitor who looks at the medical reports, looks at the evidence, considers available case law, judicial study support guidelines, and user experience as well to give a reasonable guidance as to what the court might award so that the person making the claim knows whether an offer from an insurance company is reasonable or not. Statistically there are benefits to trying to do this job yourself, it’s an industry problem in that insurance companies will try and take advantage of claimants who try and deal with matters themselves and of course, you need experience of case law and trial experience if need be to actually get the right value for a case.
So we always recommend using a solicitor to help with values and negotiations. If a person does run into trouble with their employer then the solicitor should come forward and point out to the employer relevant employment legislation and provide protection to the employee against that sort of treatment but it’s a situation that shouldn’t really arise because the employer is insured and it is the insurance company that deals with the claim rather than the employer.