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We recently published a news article on The Compensation Myth, a report released by the Trade Union Congress (TUC) in conjunction with the Association of Personal Injury Lawyers (APIL). The report debunked common myths about compensation claims and raised interesting ideas on how the compensation bill can be reduced.
Over the coming weeks we’re taking a closer look at each of the myths. Last week we looked at the suggestions that compensation payments are too high; this week we’re looking at:
Myth 4: Compensation is paid for any old accident
A common misconception is that people are entitled to claim for anything. Stories are told about friends of friends who got thousands in compensation for a seemingly innocent mishap, but who are these faceless victims with pockets full of money?
Often clients ring us after being told by friends, family, neighbours and even strangers, that they have a claim. Our experienced case handlers work with clients, gathering information and evidence to ensure they’re in the best possible position to succeed in making a claim. Our aim as a trusted advisor is to guide our clients through the claim process and inform them of their legal rights. That doesn’t include giving them false hope only to let them down once a solicitor looks at the case in more detail.
For a claim to be successful, negligence must have taken place. The incident that caused the client to suffer an injury must have been foreseeable and otherwise avoidable had the defendant acted appropriately. In the event of an accident in the workplace the burden of proof, when making a claim, is now with the employee when previously it was with the employer. We discussed this change in law in our first compensation myth blog - ‘Compensation claims are spiralling out of control’ and it’s likely the changes could put off genuine claimants.
With workplace accidents, it’s our responsibility not only to ensure clients are compensated when they have been injured through negligence, but also to safeguard against employers that fail in their duty to provide a safe working environment.