According to the latest report from the Health and Safety Commission, 220 workers were killed and over 150,000 other workers injured in 2004/05.

Many workers who are injured suffer both physical and financial pain, including loss of full earnings. To recover any loss, it may be necessary to claim against the employer. All employers must by law have Employers’ Liability Insurance and, therefore, any claim is usually paid by Insurers rather than the employers themselves.

To bring a claim, it is not enough simply to show you have been injured. You need to establish that this resulted from a “breach of duty” by or on behalf of the employer. This could arise because a work colleague was at fault, the system of work you were following was dangerous, or simply because the employer failed to follow one of the many technical Regulations which provide for the safety of employees. Effectively, someone working properly who is injured probably has a claim. (Indeed, a claim might still succeed even if the employee was partially responsible)

The compensation is designed to put the injured person back in the same position as if the accident had not happened. There are two main elements. The first is “General Damages” which is primarily money to compensate for pain and suffering. The second element is the “Special Damages”, being any actual or anticipated financial loss

To pursue a claim, you should use a Solicitor. All practising solicitors are regulated and are insured. However, you should ask for your case to be handled by a solicitor who is on the Law Society’s Personal Injury Panel. This guarantees that the solicitor is a recognised expert in dealing with claims. You can then rest assured that the claim is being handled in a professional way for your benefit.

Many people are concerned about approaching solicitors because of fears about costs. At Jackaman Smith & Mulley, we give an initial interview free of any charge when we can help you decide whether to take the matter forward. In appropriate cases, we can then offer a “conditional fee agreement”, more commonly referred to as ‘no win, no fee’. This basically means that, if you lose your claim, you will not have to pay us anything. If you win, you will receive your damages, and the insurers will pay costs. As a result, there should be no concern about approaching us to discuss your entitlement to compensation.

If you would like further information or feel you may have a claim contact Paul (paul.mcgrath@jsm.co.uk), or his colleagues, Janis Taylor or Kirsten Squirrell, on the telephone numbers below, or visit our website at www.jsm.co.uk