Month: August 2020

The top 10 ways staff could get hurt when you re-open your office

Posted on August 27, 2020 by Hannah Fletcher - Blog, Uncategorised, Work Place Accidents

When you re-open your office, you may be initially excited because you want to get your staff in and have things back to the way they were before Covid-19 turned the world upside. Right now, there is a major debate about whether or not offices should enforce face-masks, which will be important for you as an employer. The last thing you need on your hands is an employee claiming that they want compensation due to catching Covid-19 in the workplace. That’s why you need to be prepared when you eventually ask for people to return to the office or work-place. Accidents can happen and you need to make sure you are taking the necessary precautions to ensure everyone’s safety. If you don’t do this, it is very likely that your employees could ask you for work accident compensation.

Gowing Law Solicitors can help both you and your employees feel safe when you go back. If not, we can offer advice to guide you both into a settlement agreement. Whether you are feeling nervous about returning to your office, or want to find a way to comfort your employees, our latest blog can give you some tips about what sort of hazards could pose a threat in the work-place.

Is it safe enough to re-open your office?

No matter what situation you are in, you have to put the safety of your employees first. That’s why you may want to consider alternative options to immediately opening up your office. Most offices have taken to remote working permanently as an alternative to re-opening. Did you know that around 91% of workers would actually like to keep working remotely, despite being allowed to return to the office on the 1st August? Think about it this way, not only are you saving on office expenses, travel costs, energy bills, but working remotely has had a significant effect on the UK workers’ mental health. According to one worker, interviewed by the BBC,

“It’s like getting a pay rise without receiving any more money”

You need to also consider whether or not you are in a high-risk area. If you are then it would not be wise to return to the office yet. Consider your individual circumstances and then move forward accordingly. If your workers can do their jobs just as effectively at home then you should consider flexible working as an option even after the pandemic has calmed.

Changes to the work environment before you re-open your office?

Yes, you should. If you desperately need to re-open your office and ask workers to come in, then you will need to make sure that the office is compliant with Covid-19 safety regulations. There is a chance that your employees could get sick if you re-open your office. If this happens, they may well ask for some form of work accident compensation. Consider the following to get started:

Hand sanitizer stations.
Screened work areas.
Staggered work desks and working hours.
Enforce mask use inside the office.
Employ cleaners to decontaminate the office frequently throughout the day.
Virtual meetings with clients rather than inviting them into the office.

Of course, there are still ways that your employees could get hurt if you are negligent when it comes to your work environment. This could be outside of catching Covid-19, so make sure to keep an eye out for any unmarked hazards or warnings about dangerous areas in the office. You should also listen to your employees if they bring something to your attention. It is your responsibility to have it fixed quickly to avoid work accidents.

Are there any other ways workers could suffer from a work accident when you decided to re-open your office?

Of course there are ways your employees could get hurt if you do not take the necessary precautions to ensure their safety. Safety & Covid-19 is one thing, but you need to make sure that all of the workplace is free of hazards and that your staff are trained properly. Acts of negligence in the workplace may include:

Failing to provide appropriate training.
Asking workers to take on inappropriate task (i.e. carrying boxes without any manual handling training).
Requesting workers to do repetitive tasks (i.e. typing that could cause repetitive strain disorder).
Violence in the workplace.
Demanding employees work extensive hours without any breaks.
Refusal to provide appropriate protection gear.

If you do not try to protect your employees in every way possible, it is very likely that they could get hurt. This means that they may try to make a work accident compensation claim against you.

What should you do if employees gets hurt after you re-open your office?

Whether you are an employee or an employer, it someone gets hurt during work-hours, it is important that you make sure that the accident is noted down immediately in the work place’s accident book. You should also contact your insurer. All businesses should invest in employer liability insurance when they first open. That way you can show that you are prepared and ready to deal with any potential accidents.

The safety of your employees should be put above everything else. Make sure that they get medical assistance or go to hospital to get checked out. You should also keep a first-aid kit onsite to ensure that you can help the hurt employee as quickly as possible. From there, you should be prepared to work with the employee to gather their evidence and to accept that there may well be a settlement case directed to you and your insurer. If you are open to admit that you were at fault for the damages, you should sit down with the employee, their solicitor and your insurer to discuss a settlement agreement.

Going to re-open your office? Here’s what you need to look out for.

Now that you know how to handle a work-place accident, you need to understand how your employees could get hurt. Here are the top ten ways that an accident could happen in your office. The more ways you understand the hazards of your workplace, the more likely it is that you can avoid them in the future.

1. Covid-19

Although this may seem a little bit dramatic, it is always better to be safe than sorry. There have been over 320,000 cases of Covid-19 in the UK. That’s why it is your duty as an employer to keep your employees safe from this virus when you re-open your office. Covid-19 is spread through particles on surfaces and through the air through coughing and sneezing. You should take safety precautions to keep your environment as clean as possible. You will also want to keep using UK government recommended social-distancing methods to ensure that there is no active transfer of germs. Take a look at the infographic below to get more of an idea of how you can adhere to social-distancing in the workplace.

2. Slips and Trips

Slips and trips are more common than you think. Unmarked spills of water or liquid on the floor can be a disaster if they are not pointed out. For instance, your employee might be carrying a heavy box or something that obstructs their view. That means that it is likely that they won’t see the spill and will fall over. Worse still, if they fall in to the substance and it could cause damage to the skin, it may mean that the employee gets severely injured. Make sure to put out warning signs to ensure that there are no unmarked hazards in the workplace.

3. Falling Objects

A messy work environment can be a source of hazards. After all, if you move a single object from above, you will have no idea what comes tumbling down. If you do not keep up with the housekeeping of your office, you may find that you get hurt more easily. Make sure that everything is stacked neatly away to make sure that you keep safe. Try not to over stack your shelves. That way no one will get hurt if an object is moved slightly. If an object falls down, you could get bruises, bleeding or even broken bones. It is a hazard that can be easily fixed.

4.Repetitive strain

When you work in an office, there are some tasks that happen more than others. For instance, your workers may constantly be at their computers answering emails, typing up reports or generally doing written work that is required from their position. However, if they are constantly typing without any breaks then this may lead them to developing repetitive strain problems. Whilst this may only start with minor injuries, they can get worse if the employee does not go out to actively seek help from a doctor. Make sure to always check up on employees to see if they are doing okay. If they are starting to develop small problems, then you can change their break system to try and incorporate their needs. This will lead them to becoming more productive as employees. So it is a win-win situation

5. Faulty Equipment

Now, an office isn’t exactly like a construction site, you are not going to find heavy machinery left, right and centre. However, you may find large devices like printers, copies and filing cabinets around the room. You may even have specialist computers or electronic devices to help with your daily work. However, if someone gets hurt due to their equipment malfunctioning, this can have dire consequences. In some cases it may just be a small electric shock, but in other cases people could get burns or even lose a limb. Always replace faulty equipment or hire an engineer to try and fix it before it becomes a hazard in the workplace.

6. Toxic Fumes

You have to remember that some offices are more unique than others. There are many different professions that require different types of safety measures put in place to protect employees. For those that work with hazardous chemicals on a daily basis, they will need PPE and certain equipment to protect them. If they do not have this then they could get hurt due to the toxic fumes or burns on their skin. You need to make sure that no matter what type of work environment an employee has, they are protected when they are on duty.

7. Hearing and Eyesight Damage

Again, this depends on the type of environment you and your employees work in, but if you do not supply them with the right equipment then they could get hurt. This could include damage to the eyes, which could affect their sight, or perhaps to their ears that could make them struggle with their hearing. If there are any hazards to eyesight or hearing, make sure to supply them with muffling gear and goggles. That way they can stay protected even during dangerous situations.

8. Cuts, Bleeding and Lacerations

Offices tend to have powerful equipment onsite to help workers with their daily duties. Staff must be properly trained to use them, including knowing the type of protection that can keep them safe throughout the use of the equipment. However, if this does not happen, there is a high chance that they could be wounded with deep cuts, gashes and in some cases lacerations. If you have any type of bladed equipment in your office, make sure you go through proper procedure to ensure that your staff know how to use it without any problems.

9. Vehicle Accidents

In some cases, your employees may be required to operate vehicles (such as forklifts) in a storehouse or perhaps may need to move furniture from one office to another in a van. Unfortunately, if an accident does happen in a hired vehicle, your employee can still ask you for compensation. They may also be inquiring into road traffic accident compensation. Make sure that your employees are trained to operate certain vehicles. This will ensure that the chance of an accident is lessened.

10. Staff and Violence

Not every colleague you have is going to be a good fit for your company. In fact, they may be more trouble than they are worth. Some employees may simply be there to start trouble with other employees. They may be violent and start altercations that come out of nowhere. As an employer, it is up to you to recognise when you may have trouble brewing in your office. You have the responsibility to keep the rest of your staff safe. So, make sure to talk to the employee and if they still lash out, you must remove them or give them the appropriate warning. You may also want to consider investing in self-defence lessons for your staff to lower the chance that they get hurt if they are involved in a fight.

Employees: Have you been hurt in a work accident when your employer decided to re-open your office?

If you have then it is up to you to take the appropriate steps forward to help claim compensation. You need to gather evidence to prove that your employer is “at fault” for your wounds. This includes:

Photographs
Videos
CCTV footage
Medical Records
Receipts of financial losses
Witness Statements
Police Statements
Diary Entries

The more evidence you have, the more likely that you will have a successful claims case on your hands. You will also need to alert staff to your injuries and request to have it written down in the work accident handbook. From there, you should get a lawyer to help you with your claim. They can start drafting a settlement agreement for you to bring to your employer.

Gowing Law Solicitors are experts in work accident compensation claims!

Here at Gowing Law, we understand that when you reopen your office, it can be a bit of a risk. You don’t know who is going to get hurt and when. That’s why it is up to employers and business owners to provide a safe environment for workers to do their daily jobs. If they do not, then they will be liable for damages. Gowing Law can help you claim compensation for your losses. We can offer free advice and consultations to get you started. If you are happy with what we have to offer, we can work with you on a “no win-no fee” basis. That means you will not need to pay any hidden fees and will always come out on top.

To get in contact with Gowing Law, all you need to do is call us up on 0800 041 8350, email us at info@gowinglaw.co.uk or use our contact page to directly message us. One of our team members will be there to answer any of your questions.

Learn more about work accident claims!

We understand that you want to learn more about work accident claims so you know exactly what you are getting yourself into. That’s why Gowing Law Solicitors has a law blog that can answer all of your questions. We update weekly with new content for you to enjoy. Feel free through scroll through it till you find something that you like. If you cannot find the content that answers your questions, why not let us know? Send in your suggestions for articles to info@gowinglaw.co.uk. One of our content writers will then write up an article that answers your questions.

We look forward to seeing you in our next blog!

Can I only make medical negligence claims against doctors?

Posted on August 27, 2020 by Hannah Fletcher - Blog, Medical Negligence, Uncategorised

Medical negligence claims are used to protect victims who have suffered due to the negligence of medical professionals. Usually, this is due to a treatment going wrong, the inexperience of a professional or an honest mistake. No matter the reason, they can leave the claimant with devastating physical injuries that can cause them daily suffering and embarrassment, or simply lower their quality of life. The after-effects of sub-standard medical care can truly have consequences. This is why claimants will be able to ask for compensation to help them get through this difficult time of their lives.

However, when people usually think of medical negligence, they immediately think of doctors or surgeons at the NHS. Well, not only is there a complaints system in place for the NHS, but you can make medical negligence claims against more than just doctors or surgeons. After all, there are many other types of medical professionals who could be liable for medical damages if treatment does go wrong. Let Gowing Law help you start your medical claim journey:

What are medical negligence claims?

Naturally, when you undergo any type of surgery or medical treatment, you may feel a little nervous about how you are going to recover. Any good medical professional will guide you through the treatment and let you know about any risks that could happen during and after the treatment. If they do not inform you or ask you to sign a contract to acknowledge you are aware of the risks, they could be sued for medical negligence. Additional ways they could have caused you harm include:

Prescribing you the wrong medication.
Operating on the wrong area of your body.
Leaving medical instruments inside of the body.
Not asking the patient about allergies or checking a patient’s medical history.
Mis-diagnosing a medical condition.
Failing to get consent about putting a patient on a certain treatment.
Dirty environment in recovery wards.

Of course, there are many other types of medical negligence. If they have caused you pain and suffering, your practitioner could be liable for damages. If this has happened to you then it is your right to claim for compensation. After all, if your injuries have forced you to spend time off work, you may be worried about financial implications, as well as the cost of recovery. All you need is the evidence to back it up.

Why do we most think of “doctors” when it comes to medical negligence claims?

Most of the time, when people think about clinical negligence claims, they think of a severe accident that has taken place in a hospital during surgery or during some sort of treatment. People mostly think of this because of the impact of the treatment. Incorrect treatment can lead to severe consequences, sometimes even having life-changing effects. These are the most likely things that can come to mind when we think about compensation claims. However, the same thing could be said about other types of medical practitioners.

Who can I make a medical negligence claim against?

So, the main way for you to understand who you can make a claim against is to know whether or not they owed you are a “duty of care.”

If a professional is responsible for your health and well-being, they must do everything necessary to make sure you do not get hurt during treatment. The same could be said for an employer when it comes to safe work environments and drivers when they are on the road. Everyone has a responsibility to keep other people safe. If they are negligent and cause an accident, this could mean that you could be owed compensation.

Here are some additional medical professionals who could be responsible for your clinical negligence claim:

Dentists

The work of a dentist can either make or break a smile. Whether this is cosmetic work or to protect the teeth themselves, if they end up causing an infection, breaking a tooth or even failing to recommend the best treatment for you, you could claim compensation for their negligence. The damages may include physical injuries, but also emotional trauma due to embarrassment about the appearance of your teeth. You may also have suffered from financial damages due to having to get treatment to fix the state of your teeth.

Mental Health Professionals

Mental health specialists play a vital role in people’s recovery from a huge range of emotional and traumatic ailments. These specialists have received training to ensure that their patients feel comfortable and are able to open up about their issues. However, in other cases, patients may find that their mental health specialists do not help with their issues. Instead, they may recommend the wrong medication or make the patient feel worse about themselves. If these issues start to do harm to the patient, they can ask for compensation.

Cosmetic Surgeons

Naturally, due to the profession of a cosmetic surgeon, you may think that this could fall under a beauty negligence claim. However, if you are undergoing some sort of scar reduction treatment or perhaps facial reconstruction, you would most likely be undergoing a medical cosmetic treatment. However, in other cases you may simply be interested in having a treatment to change your body shape or facial appearance. If these treatments go wrong, they can leave you feeling extremely disappointment and potentially in a lot of pain. If you have suffered due to the negligence of a cosmetic surgeon, you could claim compensation if they have left you with any physical ailments or scars from the surgery, especially if you did not know there was going to be a risk.

Private Medical Specialists

Of course, one of the most obvious types of specialists responsible for your injuries are private practitioners. Whilst most people will seek medical treatment from the NHS, there will be others who go to a private clinic for help. These doctors may be specialists in certain area, i.e. physiotherapy or dermatology and may be assigned to help you with a more specific problem. For instance, you may want to find easier alternatives to child-birth in a hospital bed, so may be after the advice of a private midwife. Either way, if something does go wrong then you can make a clinical/medical negligence claim against the person/ private clinic that gave you bad service.

What sort of damages can I claim for medical negligence pay-outs?

If you are going to make a claim, you need to know exactly what you are going to get compensation for. You need to write out the types of damages that you have suffered and see if you can find evidence to back them up. Take a look at our infographic below to understand the types of damages you could claim for:

If you are dealing with a medical negligence claim, it is most likely that the injuries you are suffering from are physical. You may have been given the wrong medication or perhaps have suffered from after-effects of a treatment. That’s why it is so important that you claim compensation as quickly as possible. You need to ensure that your wounds don’t get any worse and that you do not lose vital evidence that could help your case.

What sort of evidence do I need for medical negligence claims?

For any successful medical negligence claim, you need to have evidence to back it up. Without evidence then your case will be little more than a “he said-she said” scenario. Validate your claim by looking at the damages you have been forced to endure by pairing them up with evidence. The evidence you have may include:

Photographs of your injuries/damages
Videos of your injuries/damages
CCTV footage
Police records
Witness Reports
Diary Entries
Medical reports
Receipts

Remember, you can find evidence both before, during and after the medical treatment. For instance, before the treatment happened, you may have not been told about the risks of the treatment or may not have been given a contract to sign. During the treatment, your doctor may have made a mistake or may not have fully completed the operation, meaning that you were left with wounds. After the treatment, you may have had medical costs or pain from the wounds left behind. They have got worse or you may have been forced to seek medical assistance from a different professional. All of these can add up to your damages and can help you make your case valid.

How long do I have to make medical negligence claims?

There is a time limit when it comes to making a claim. This is 3 years from the day of your accident. We would recommend that you get in touch with a professional medical negligence solicitor to help you understand what you could claim, as well as what you should expect from legal action. This will also give your solicitor the maximum amount of time to help you gather evidence for your case. Be patient and make sure to ask your lawyer questions about what you will need to have a strong case. This will help them help to you.

How much could I claim from a medical negligence case?

This is the sort of question that reflects the idiom “how long is a piece of string?” Every case is different. Some have more serious implications involved and others may have more responsible parties than just a negligent practitioner. So, depending on the complexity and the extent of your damages, you could be owed thousands in compensation. To get an estimated pay-out amount, you should seek counsel with your lawyer. They can look at your damages and evidence and help you understand what you could be owed.

How long will it take to make a successful medical negligence claim?

Again, this depends on the complexity of your case. For instance, if the other party refuses to accept responsibility, you may have to collect more forms of evidence. This means that the case will be drawn out for longer. Be patient with your solicitor and make sure to supply them the evidence they need to proceed with your claim. They may need more time to come to a settlement agreement or arrange a court date. Speak to them to get an estimated time frame for how long your case will take.

Will my claim need to go to court?

Not necessarily. All medical negligence claims are different, but some may be simpler than others to solve. The NHS has its own complaints system and most responsible parties are very willing to sit down and talk about a settlement agreement. However, if your case does end up going to court then you do not have to worry. Your solicitor will be there with you to support you throughout all of the court proceedings.

Gowing Law is here to support you through any medical negligence claims

Here at Gowing Law Solicitors, we understand that any sort of injuries at the hands of a doctor or medical professional can be traumatic. No one deserves to have their safety put in jeopardy. That’s why we are here to help you get the compensation that you deserve. We can guide you through the claim with free advice and consultations to start with. If you are happy to move forward, we can offer you our services on a “no win-no fee” basis. This means that there will be no hidden fees and costs.

Get in contact with our trained solicitors today to begin your claim. You can call 0800 041 8350, email info@gowinglaw.co.uk or use our contact page to directly message our team. We would then be happy to talk you through any questions you may have.

How much money can I get from a work accident compensation pay-out?

Posted on August 20, 2020 by Hannah Fletcher - Blog, Uncategorised, Work Place Accidents

A work accident compensation pay-out is the perfect thing to help you if you have suffered damages and losses due the negligence of your employer. These damages may have been physical, emotional or financial. Either way, you can get a pay-out from your employer to help you recover without any potential burdens hanging over your head. We understand that this can be a scary time for you. After all, you may not be able to go to work or get on with the normal tasks of your life due to your injuries. That’s why you might be considering asking for compensation. But, the main question is, how much could you get from work accident compensation? The amount changes for everyone. But you need to know precise details about what you could be owed.

This is what we are going to explore in our latest blog. In our work accidents interview with Elaine, Gowing Law’s operations director, we talked about compensation and what you could be owed. The overall lesson: You receive high compensation pay-outs if you can prove that you have experienced bad losses due to the accident at work. Learn more by reading our blog below.

How much could I get from a work accident compensation pay-out?

One of the main things that you need to know about any type of compensation claims, whether they are beauty claims, road traffic accident claims or a case of financial mis-selling, the worse the damages, the more likely you will get a bigger pay-out.

For work accident claims in particular, the amount you could claim has quite a large range of pay-outs that you could receive. For an uncomplicated back injury it could be a few thousand pounds. However, for a life changing injury you could receive up to a seven-figure sum. The more evidence you have about your injuries, the more likely that you will have a valid claim. Make sure to keep your evidence carefully organized so it fits with your different damages claims. If you do get a pay-out it will be paid from your employer’s insurance. This is known as “employer liability insurance”. So, if you are hesitating claiming insurance from your employer, don’t worry! You won’t be financially damaging them. Instead, they will be prepared for any claims. Accidents can happen in any place and at any time.

How do I know if I am eligible for a work accident compensation pay-out?

Now, many people may not think they are eligible for a work accident claim because of the extent of their injuries. They may not have suffered only minor damages, and so think that their work accident claim is invalid. However, that certainly is not the case. Whilst you do need to consider the amount of pay-out you receive from a work injury claim, if you have been hurt due to the negligence of an employer, you deserve compensation.

Whether you have a large or small injury, if your accident happened due to the negligence of your employer, this means they are at fault. In legal terms, this means they are “liable” for your damages. All cases are treated on an individual bases. That means that all of the cases are judged by the losses and damages that the claimant has experienced. This is why it is crucial that you get as much evidence as possible to back up your claim.

Can I get some example of compensation pay-outs?

There are many different types of work accidents that you could experience where you get hurt. Whether your wounds are major or minor will change the amount of compensation. Take a look below to get some rough estimates for different areas of the body:

Minor Head Injuries: £1000-£10,000
Severe Head Injuries: £200,000 -£310,000
Small Neck Injuries: £2,000- £6,000
Major Neck Injuries: £34,500-£113,000
Small Hand Injuries: £650-£22,000
Severe Hand Injuries: £47,000-£153,000
Minor Leg Injuries: £2,000-£20,000
Large Leg Injuries: £74,000-£214,300

Of course, there are many more amounts of a work accident compensation pay-out and injury types that you could claim for. We would highly recommend speaking with a work accident solicitor to help come up with an estimate settlement. You can also speak with your employer and come to a settlement agreement before the court date.

Do I need evidence to prove that I am owed a work accident compensation pay-out?

Yes! If you work with a solicitor then they will be able to advise on how much you think your case is worth through your evidence. Your evidence will prove that you have suffered from a number of losses and damages. Most people think that these damages may only be physical injuries. However, there are many other types of losses you could have experienced. These fall under “general” and “special damages”. These may include:

Emotional damages
Loss of opportunity/potential
Financial losses (i.e. wages, travel fees)
Medical damages
Broken equipment

Once you have decided on what losses you are going to base your claim around, it’s important that you have the appropriate evidence to back it up. When an accident does happen in the workplace, it is important that you notify your employers immediately. They should write down the accident within their accident handbook. You are legally allowed to get a copy of this statement for your evidence. If the accident is extremely bad, or there has been a violent altercation on the premises, you may also want to get the police involved. They can provide a police statement that should document an unbiased perspective of the events that have taken place.

Additional evidence may include:

Photographs of the injury and accident’s environment
Videos of the injury accident’s environment
CCTV footage
Witness Statements
Medical reports
Diary Entries

Can my colleagues claim for compensation from my accident?

This is where things can get complicated. Of course, if you get hurt, it will always help your claims if you have witnesses to back you up. However, if your injuries were incredibly severe (i.e. you lost a limb or suffered life-changing effects), your colleagues may have been traumatized by what they saw. This is why they may also be considering asking for compensation for their damages, especially if they can prove that they are now struggling with the impact of what happened.

Your colleagues can only get compensation under very specific circumstances. For instance, they are a very close friend or family member and that they were directly involved in the accident. It is important that they seek legal advice before they make any sort of claim, as these types of claims are easily invalidated.

Will anything else change if I make a compensation claim against my employer?

Asides from getting a financial pay-out, one of the good things that can come out of this sort compensation claim are the changes to your work environment. Your employer has breached their duty of care and so will need to make changes for it not to happen again. That way future employees will not need to go through the same problems or injuries that affected you. So, overall, you making a claim is actually doing a good thing for the company!

How long will it take to make a compensation claim?

Due to the Covid-19 pandemic, it is important to understand that there might be a few delays when it comes to your claim. This is why it is important to make a compensation request as quickly as possible. Your time scale also depends on how complicated your case is. For instance, if a settlement agreement is not reached by both parties, this means that it may have to go to court. This would naturally take longer than an “open and shut” case where responsibility to accepted. Speak to your solicitor for more information about how long your case will take to complete.

Does it Covid-19 count as a work-place accident?

Now, this is a hot topic as of late, namely because most employees are feeling quite nervous about returning to their offices. This is because quite a few people may feel like they could catch Covid-19 from their workplace. Safety measures have been put in place to protect people against getting ill, but if someone has gotten sick and then suddenly other employees start staying off work due to having the same symptoms, it is a high probability that they got ill due to the unsanitary conditions of the workplace.

There is a chance that you could claim compensation for getting ill. However, this will need to be discussed with a trained solicitor. After all, you are going to need solid evidence to prove that you specifically caught Covid-19 from someone in your workplace.

Will Gowing Law Solicitors help me get a work accident compensation pay-out?

Of course! Gowing Law Solicitors would be more than happy to help you get the work accident compensation pay-out that you deserve. We can offer you free advice and consultations to get you started. These can all be done remotely to help you. If you want to work with our trained work accident solicitors in Manchester, we can offer you our services on a “no win-no fee” basis. That means you will always come out on top.

Get in contact today by calling 08000418350, email info@gowinglaw.co.uk. or contact us directly through our instant messenger. We will then be in touch to answer all of your questions.

Want to read more of our work accident interview series?

Don’t forget that we have many other blogs in this work accident interview series! Check them out below:

We update our blog every week with new content that talks about UK legal topics and compensation claims. If you can’t see the article that you want, why not let us know? Send in your suggestions to info@gowinglaw.co.uk. We would be more than happy to upload an article about your questions.

Gowing Law wishes you the best of luck with your claim and look forward to seeing you in our next blog.

The top five things you need to include when you write a will

Posted on August 19, 2020 by Hannah Fletcher - Blog, Covid-19, Uncategorised, Wills

If you are going to write a will, it’s important that you list all of your estate to ensure that it goes to the right people. Your will is personal to you and your wishes. Understandably, it is going to be one of the most important documents that you write during your life. With the help of a solicitor, you and any executor you appoint can validate your final wishes and make sure that any testimonies are adhered to. No matter how large your estate is, it is always safer to have a will prepared than not.

That’s why Gowing Law Solicitor’s professional will-writing team are here to support you through this difficult process. They are sympathetic and kind. No matter how many times you want to re-write your will, our trained solicitors will be here to help you get the perfect last testimony. Check out our will-writing page for more information about how we can help:

Why do I need to write a will?

As you get older, you may start to accumulate assets and new estates (aka. belongings or things you own). You can handle these easily throughout your life, but when you have a growing family, close friends and loved ones, you may start to consider who is going to own these estates once you have passed away. It can be a bit of a morbid topic to consider but there are consequences if you leave it too late.

If you die without leaving a validated will, then all of your properties will be shared out according to the “rules of intestacy.” Under these rules, only close relatives, spouses or civil partners will inherit property. That means you will have no say in how your estates are divided.

It’s important to write a will in order to have full control over your possessions. A will can give you a degree of personalization over who gets what, as well as who does not get certain properties or belongings. If you do not create a will then your assets get divided by the law. It’s as simple as that.

How do I write a will during the pandemic?

The UK lockdown has recently been lifted. With it, it has become a little easier to construct a will even if you are socially distancing from other people. There are a number of ways that both you and your solicitor can work together to make sure you can produce a valid will. Although you still cannot sign a will electronically, there are a number of ways you can move forward to protect your family during a pandemic.

As you can see, there are a number of different ways that you can produce a will without being in contact with other people. All appointments can be undertaken remotely to ensure you are protected. So, don’t worry about the timing of your will. A will can be produced even during a pandemic!

What should I consider listing in my will?

When you write a will, it’s important to list as many of your assets and debts that come with your estate. Be completely honest and consider what has monetary and personal value to you and your loved ones. That way you can get a genuine value about your estate and how much it could be worth. First of all, think about who you want to benefit from your will and who will be your executor, aka. Who will carry out your wishes. Beneficiaries may include:

A spouse/civil partner
Very close friends
Your children
Your parents
Close family members
Charities

Once you have done this then it is time for you to consider what you want to write in your will. Consider your estates, property and your most valuable possessions. You will also need to consider who would most likely benefit from them or be able to keep them fruitful, i.e. if they are an investment or some form of commercial property. Take as an example, you are the founder of a successful business, therefore your will may include information about who you want to be the next CEO of your company. These are all important things to think about. That’s why we would be more than happy to suggest some important assets, like savings and valuable objects, to get you started. Here are our top five suggestions.

1. Expensive Personal Items

Naturally, if you have personal items or antiques that have an expensive retail value, such as jewelry, art or interior objects within your home, you should list these as a priority within your will. These sort of possessions can hold sentimental value and let your loved ones remember you. You may also recommend for items to be sold or given away to charity to help raise income. Either way, think carefully about what sort of items you own. Consider their selling price, as well as who would like them in particular. You may have a priceless collection of antique clown statues, but some of your family may like them more than others. Be personal with your will and think about your family members in general. That should give you some indication about who would be happiest with what.

Although pets are not personal objects, you may also want to consider who would look after them in the event of your death. That way they will always have a home and be looked after.

2. UK and Overseas Property

If you own any type of property, be it your own house or perhaps commercial property abroad, you need to have it listed in your will alongside any expenses or debts that could have been included in it. You will also need to list whether or not you are paying off your mortgage on a property. Even if you are a share-holder for a certain property, it is best to list it on your will to give an honest perspective about how much you own. You should also consider commercial property or business buildings that you own.

3. Bank Savings

Throughout your life, you have been working to create a substantial amount of savings to support you, your family and any close friends you may have. That’s why you may have a lot of savings put away or you could have opened up savings accounts for your loved ones to receive when they turn a certain age or perhaps are in need of financial assistance. Make sure to list any important stipulations that may come along with monetary savings. You should also list any building society accounts or national savings, such as premium bonds.

4. Investments: Stocks and Shares

If you have been lucky enough to invest in some strong stocks and shares, you may want to pass these on to your friends, family or even to close business partners who can carry on with your good work. You may need to explain your shares and stocks to the person you intend to pass them along to. That way they can get a good idea of any warning signs they need to watch out for if they dip or rise. Remember, it’s important that you don’t just give them to someone who doesn’t know how to maintain them. If you want to bring them into your business, you may want to give them a quick description on what they should expect and the things they should be aware of. That way they can keep your investment going strong, or simply take it out to enjoy its fruits.

5. Insurance Policies

No matter what sort of products you buy, it is always wise to buy insurance to go along with them. That way you can make sure to get a pay-out if things go wrong or they get damaged. The same thing applies to you and your life. As you get older, you accumulate more and more things and your family will begin to grow. That’s why you may have taken out some form of life insurance to help you protect them if you were to suddenly pass away. Make sure to state any additional insurance policies on your will to make sure they know which insurance firm owes money and for what reason.

How do I validate my will?

Now that you understand what you should include when you write a will, you need to find a way to have it validated. Theoretically, you could write a will on any type of paper. However, if you are going to have it validated, you are going to need witnesses. These witnesses are going to need be two adults that can both sign and date it. The witnesses also need to be completely separate from the will. This means that they cannot benefit from your will or have anything left behind for them. However, they can act as the executors of your will.

Is there anything else important that I should include in my will?

Now, it does sound a little silly to state this now, but an important aspect to include in your will is the type of funeral you are going to hold for yourself. It sounds obvious but you would be surprised about how many people forget about this aspect of their will. It would be wise to include at least a paragraph about:

The type of funeral you would like held
Whether you want to be cremated or buried
How you feel about organ donation
Where you want to be buried
If you want there to be a theme for your funeral (i.e. not black)

Although instructions about a funeral do not need to be legally-binding, they can serve as a guide for your executors. They can also help your loved-ones through the grieving process if preparations have already been made. Make sure to share these instructions with your loved ones to ensure they are given enough time to consider their options about how they can best adhere to your wishes.

Who can help me to write my will?

It’s important to realize that you have many options when it comes to finding the right help with will construction. It is usually best to contact a solicitor if you want help to write a will. Legal specialists in will-writing can help you understand your legal rights and know how to deal with your property, possessions and finances. Just make sure that they are licensed before you start constructing your will. This can be under the Solicitors Regulation Authority or The Law Society. However, if you want additional advice we would recommend seeking it from professional will-writers, charities or banks. They offer services that can give you additional support. They may even provide resources. These resources can help you deal with your estate or help you draft up your first will. However, you will need a legal specialist to help you validate the will!

Gowing Law Solicitors can help you write a will!

Here at Gowing Law Solicitors, we understand that the subject of death is very sensitive. That’s why our specialist will-writing team will be here to support you through this difficult part of your life. Our single wills only cost £75 and joint wills cost only £95. We also offer free advice and consultations to get you started. That way you will know everything you need to know before you even begin your will!

Contact Gowing Law Solicitors now to discuss your will by calling 0800 0418 350, emailing info@gowinglaw.co.uk or by contacting us through our direct messenger. One of our team members will then be in touch to help answer your questions.

Learn more about will-writing

Gowing Law keeps its blog updated with the latest information about wills and other UK legal topics. If you have a compensation claim then we would be more than happy to help you. We keep our blog updated every week with fresh content. If you can’t find the topic you want to read about, why not let our content team know? You can send in your article suggestions to info@gowinglaw.co.uk.

We wish you the best of luck with your case and look forward to seeing you in our next blog.

Did I really need to pay tax on my PPI pay-out?

Posted on August 19, 2020 by Hannah Fletcher - Blog, Financial Mis-Selling, PPI Tax refunds, Uncategorised

A PPI pay-out is designed to make sure that you get the money back that you spent on a financial policy that was not suited to your own personal situation. That’s why it can feel frustrating when you finally get paid, only to realize that part of it has been taken away due to a tax deduction. So, the real question is, why did they take away the PPI tax in the first place? You were owed a certain amount of money, therefore you may be feeling annoyed that you did not get the full amount back. That’s why, after you have learned about the basics of PPI tax, you need to consider whether or not you are going to get it back from HMRC.

Gowing Law Solicitors can help you with your claim. We have already helped thousands of people around the UK get the money back that they deserve from a PPI tax pay-out. You could be owed hundreds of pounds. All you need to do is get in contact and we can start you on your PPI tax claim journey:

The Basics of a PPI pay-out

Before we discuss whether or not you should get your tax returned to you, it’s important that you get a basic understanding of what PPI is in the first place. That way you can figure out whether or not you are eligible for a PPI tax return. PPI stands for “payment protection insurance”. It was used as a safety net to guard you against any financial problems if you bought some sort of lending scheme. This could include:

Credit Cards
Mortgages
Catalogue Payment Plan

These are only a few examples of what a PPI plan could have been attached to. Most people may have thought that PPI was compulsory or were pressurized into buying it just in case they had any future problems paying back their loans. What they did not realize was that a PPI plan was not fully catered to their own financial situation. Take a look at our example below to get an idea of how PPI could have been mis-sold:

Being self-employed, Mark did not need to worry about whether or not he was going to be paid by a “manager” or “employer”. After all, he was already employed by himself. As the policy was a loan and was specifically designed to protect him if he did not get a wage from his employer, it it did not fit his needs. That is why it was mis-sold to him and he was owed a PPI pay-out. However, even if he got a PPI pay-out, there is still a chance he did not receive it. This is because of PPI tax.

Did you know that there is a second-wave for PPI pay-outs?

According to The Sun, a second wave for PPI pay-outs is just around the corner! This is because banks have had to refund commissions over 50%. Therefore:

“UK banks could end up forking out billions more pounds to customers affected by the PPI scandal.”

Already, UK banks have paid £38 billion to over 12 million customers. You could be one of these people who is owed a PPI refund. The ways you could be eligible include:

If you have been denied payments.
Only being given partial repayments.
Never having claimed for mis-sold PPI in the first place.

If you are feeling curious about the second PPI pay-out wave, make sure to talk to Gowing Law’s trained tax specialist solicitors for more details. That way we can make sure you are completely eligible before moving forward with your claim.

Why did I not receive my full PPI pay-out?

Now, this is where we steer back to the original point of this article. You may have noticed that when you received a confirmation of your PPI refund, it did not have the full amount listed on it. Instead, you may have noticed that there was a section talking about tax that was taken away. In most cases 20% of your PPI tax may have been automatically deducted by your bank to make sure:

You did not go over your personal savings allowance (PSA).
You were not given any interest on your PPI pay-out.

This tax would have been given to HMRC. In order to get it back you can send in a R40 form. However, these can be complicated and sometimes you may accidently invalidate your claim by sending in the wrong information. Having a trained tax solicitor on your side can make sure that, even if you have already been denied a claim, you can potentially still get your money back. Gowing Law Solicitors can help you by filling out the tricky forms and getting you the pay-out that you deserve.

Should I have paid this tax in the first place?

In most cases, no, you should not have had to pay this tax. It may have been automatically deducted from your pay-out even if you were nowhere near going over your PSA. This is why you have the right to claim it back from HMRC. Now, when you get a PPI pay-out, it is usually made up of three financial elements. The elements are:

The monetary refund of your PPI.
Additional loans that may have been placed on your PPI payments by the bank to help you pay it back. These payments may have added interest.
A statutory interest that was increased every year at 8%. This interest should have been added to both of the previous elements.

All three of these PPI pay-out elements are made to help you return to your original financial position before you bought PPI. However, when you had the PPI pay-out, the automatic deduction may have been made on the assumption that you had already gone over the original amount that you have been estimated. This would have been seen as adding too much interest, especially if it went over your PSA. That is why it may have been automatically taxed. To find out whether or not you have been unfairly taxed, make sure to take a look at the PPI pay-out letter you received. If any tax has been taken away then it should be listed. You can then use this as evidence to try and get the money that was deducted back.

Could I get a lot of money from a PPI tax pay-out?

PPI tax is a form is financial mis-selling. Just like any other financial mis-selling case, the amount you receive will depend on the amount you put into the claim in the first place. The more you have paid in through your rates, the more likely that you could get out of a PPI tax pay-out. Take a look to see what bracket of rate payment you could fall in to:

What sort of evidence do I need for my PPI tax pay-out?

If you think that you are eligible for a PPI tax reclaim, it’s time for you to collect your evidence in order to prove that you are owed money from your previous PPI pay-out. You deserve to get it back from HMRC! When you speak to a solicitor about a tax reclaim, make sure to bring them all financial evidence to help them estimate a pay-out. This can include the amount you paid in to your PPI scheme, your original pay-out document and whether or not you missed any potential payments. You can also bring forward any communication between you and your financial advisor/lender or your bank. You can also make them aware of your grievances by writing them a letter to tell them of your intentions. This will let them know of what you intend to do.

Can I claim PPI tax if I am self-employed?

Of course you can! If you have been mis-sold a PPI policy, and received a pay-out, you have every right to get your money back whether you are in full-time employment or run your own business, if you have had money taken away from you, you should get it back. In fact, the fact that you are self-employed, this can prove that you were mis-sold a policy in the first place. That’s why you deserve to get every penny of your money back, including any tax that was taken away!

Can I claim PPI tax if I am now living abroad?

Although you and your solicitor will have to work on a different form (aka. an R43 form), you also have the right as a UK citizen to get your money back. You may have taken out your scheme to make a business for yourself abroad. That’s why if the PPI policy was not for you, and you got your money back, you deserve to also get your tax back. Gowing Law Solicitors can help you with these types of claims.

PPI tax Claims vs PPI Plevin claims

One important thing that we do need to discuss before we help you with your PPI tax is known as a “PPI Plevin case”, also known as being “Plevined”. If you are going to make a claim, you need to now which one of these you are going to pick. You cannot claim tax if you make a PPI Plevin case. So, make sure to discuss with a solicitor the type of case you are going to claim for.

Being “Plevined” means that you fall under the Plevin rule. If more than 50% of your PPI’s cost was actually commissioned from your lender, or perhaps you did not know that you paid a high commission fee with the lending scheme, you could be owed thousands in compensation! You may not have even noticed that this type of commission was added to your bill. You simply paid it back without even realizing it!

The good news is, if you fall under the Plevin rule, you have the potential to make a lot of money through compensation. This is because most of the commission that was taken in by the banks was at least 67%. That means you could be owed this money, plus the amount of interest that was added to the total fee and your commission.

Gowing Law can help you with this type of case. You just need to decide whether you think you would be more eligible for a Plevin case or PPI tax. Remember, you cannot pick both!

How long do I have to make a PPI tax reclaim?

If you want to make a PPI tax reclaim, you will have around 4 years from your tax year. This can also be from the time you received your PPI pay-out. Gowing Law can then contact HMRC on your behalf and fill out any tricky paperwork.

Gowing Law is ready to help you get your PPI tax back!

If you are ready to get started on your PPI tax claim, Gowing Law’s helpful team of expert solicitors can guide you through the claims process. Use our simple assessment form to get started. Our team of lawyers can then work with you to ensure that a successful PPI re-claim is sent to HMRC. Then you can get your money back. We can offer you free advice and consultations. If you want to work with us, we offer our services on a “no win-no fee” basis. That means you will always come out on top with any sort of claim.

Contact Gowing Law today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our direct messenger on our contact page. Our team would be more than happy to answer any additional questions you may have.

Covid-19 Compensation: Can I make a claim?

Posted on August 17, 2020 by Hannah Fletcher - Accidents in Public, Blog, Uncategorised

Covid-19 compensation is a hot topic ever since the pandemic turned the world upside down. At first, Covid-19 was just talked about, perhaps a few people were worried about it, but few predicted the devastating effect it would have on the world. Nowadays, we are surrounded by face masks, PPE, contactless devices and hand sanitizer stations. It is a completely different world to what we previously lived in. The world of work has changed due to Covid-19.With it, the UK legal system must make adjustments as well.

We already have remote consultations and video hearings in place to continue getting clients justice. But the real thing on everyone’s mind is whether or not someone could sue an employer for allowing them to catch Covid-19 or perhaps sue a local authority for having an unsafe public space. This is all up in the air at the moment, which is why you may feel a little confused or vulnerable about even setting out in public. That’s why it’s time for Gowing Law to give you some clarity about how you could claim compensation for Covid-19 and the difficulties that stand before you.

Covid-19 compensation & support: How has the legal system changed?

As a top legal team in Manchester, we think it is essential that all of our solicitors understand how the court system is being updated to lessen the spread of Covid-19. Nowadays, everything is all about working remotely. Just look at our work teams. If you are an office worker then it’s very likely that you are working from home or you have been informed of your staggered work schedule and how you can keep your work environment safe. Even if you a retail worker or are in a construction site, you should have had safety systems put in place to protect you during the work day.

The same safety policies have also been put in place to keep those in the legal system safe. Take a look at some examples of changes below:

All of these changes have been created with the UK public in mind. They incorporate social distancing and breaking the chain of contact. That way there is less chance that Covid-19 can be spread.

Covid-19 compensation: Is there potential to make a claim?

This is where it gets a little tricky in our discussion. But naturally, compensation is on a lot of people’s minds. If you get sick due to catching Covid-19 in your workplace or in a public environment, could you claim compensation? After all, you may have taken all of the necessary precautions to keep yourself from getting sick. Yet you still caught Covid-19. You may have been put on sick pay, but perhaps that is not enough to keep you afloat. Worse still, you may have been unfairly dismissed due to getting ill. In itself, this is unacceptable and could end in an employer tribunal. However, it could also potentially count as an accident at work or accident in a public place claim.

Employees, Employers & Entitlement

There is only a certain amount of time before people start to grow interested in this topic. That’s why it’s important that we address it as quickly as possible so our clients know how to proceed.

Unfortunately, Covid-19 is not yet listed as an occupational disease within the Employee’s Compensation Ordinance (ECO). That means an employee would only be entitled to compensation if Covid-19 was contracted during their employment. As the employee, you need to prove that the infection happened due to being exposed without any protection. This is where the difficulty of the case can appear.

Some people will be able to immediately show how they were able to catch Covid-19. They can demonstrate their employer’s short-comings or what the problems are with the public environment. However, others may not be able to show the connection between the environment and the employee activity.

Employees: How do I make a compensation claim?

Now that you understand the difficulties of making a compensation claim for Covid-19, you need to prove that your employee understood that there was a risk when it came to re-opening your work place. They identified the risk but did nothing to sort it out or limit exposure. Take a look at the case study below to see an example of this:

Due to the layout of his office and the lack of social-distancing, Charlie was exposed more to Covid-19 than he wanted to be. Worse still, after airing his grievances with his manager, he was not listened to. After developing symptoms of Covid-19 and having visited no other areas that could have exposed him to Covid-19, it is clear that Charlie caught it from his work environment. This could mean that he has a potential work accident claim. Keep in mind though, if you have been visiting a number of public spaces that are full of people, the claim may not be this simple. You need to prove completely that your sickness was due to a bad work environment and the negligence of your employer. They breached their “duty of care” towards you. This is why you became sick in the first place.

How can I prove I caught Covid-19 from my work rather than a different public area?

Acording to civil law, any claimants need to prove their issues based on a “balance of probabilities.” In lay-man’s terms, that means you figure out what caused you problem on what is more likely than what isn’t likely. That’s why your employer needs to identify any risks of “causation” that could increase the spread of disease in the first place.

Let’s use an example to make things a bit simpler. If one of your employees suddenly called in sick after reporting symptoms of Covid-19, it is highly likely that in a few days’ time, a few other employees may call in to report that they are experiencing the same symptoms and need to isolate at home. Therefore, it is very likely that you could prove that Covid-19 was contracted from work. Therefore, the employer is liable to pay damages to the employee in either sick pay, or even as Covid-19 compensation if the employee wants to push the claim further.

Employers: What is the safest way to ensure your employees don’t get Covid-19?

Here at Gowing Law, we understand that Covid-19 compensation claims do sound rather daunting. They don’t exactly fall under one bracket in particular. Some may say they are a form of accident damages, others may say they would result in an employer tribunal. The best way to avoid any sort of confusion is to look after everyone who comes in to your place of business or even a public area that you are responsible for.

Firstly, let’s remind ourselves of the advice that was given to UK citizens at the start of the pandemic. Back in March, we were advised by the UK government to go to work:

”Where this is absolutely necessary and cannot be done from home”

Whilst this is quite old advice, you should still keep it in mind when you consider whether or not you should have your employees or even clients on-site. The best way to avoid any sort of future illnesses or Covid-19 compensation claims is to have your employees work from home. This can lessen the spread. It is very easy to set them up with a VPN or even to simply call in and ask them for updates about what they are doing. That way you can ensure that they are always on task. If you do need them in the office, make sure that the amount of time they are inside is staggered and that they only come in once or twice a week to keep up with their work-load.

The world of work is changing and you need to be ready to adapt with it. You should also take care to listen to any complaints your workers bring up. The faster you act, the more likely it is you can prevent the spread.

How long will it take to make a Covid-19 compensation claim?

Naturally, if you are making a compensation claim based on catching Covid-19, you may be considering how long it would take to make a claim. It is important that you are patient with your solicitors and the UK court system. After all, due to the lockdown, the UK court system is now battling to catch up with cases that have been pushed back. That’s why if you do have a valid accident at work claim or perhaps an accident in a public place claim, you should get in touch with a solicitor as quickly as possible. That way you can work with a solicitor to find out how you can make a claim and how long it may take.

The faster you get in contact, the less likely it is there will be delays. Make sure to keep in contact with your solicitor to learn the latest updates of your case.

What else should I be thinking about when it comes to Covid-19?

Now we have talked about the possibility of claiming Covid-19 compensation from your employer, let’s move on to something a little more serious. We understand that thinking of a will can be upsetting, however if you are in a vulnerable group or age-range, you should be thinking about the future. You need to think about your loved ones and what you want to leave behind if you do fall victim to Covid-19 and unfortunately do not recover. This is why you should start to plan out a will.

Gowing Law Solicitors can help you figure out exactly what you want to leave behind for your loved ones. It can be difficult to figure out how your assets should be split and who should benefit from your will. A trained will solicitor can go through all of your assets with you and your executor. They can write up a draft and make changes based on your needs. To validate the will, you can socially distance with two other people. This will ensure that you can prove it has been through all of the legalized motions. Some people have even taken to signing wills on the front of their car. This is to ensure that there is no transfer of germs.

If you are interested in writing a will, Gowing Law Solicitors have will-writing solicitors ready to help you. Our prices are £70 per single will and £95 per joint will. Get in contact with us today to get started.

How do I make a compensation claim with Gowing Law Solicitors?

Here at Gowing Law, we completely understand if you are feeling a little vulnerable about the current crisis. It is a scary time for all of us and right now we are still trying to find our footing. We want to continue our lives. However we need to take a moment to slow down in order to keep our friends and family safe. That’s why Gowing Law can help you understand exactly what you are owed for your losses. We can guide you and give you advice about how you can move forward with your claim.

Our Manchester solicitors can offer you free advice and consultations remotely. This will make sure that you can continue to isolate. It will help you avoid the spread of any germs. If you are happy to work with our team, you can enjoy our services on a “no win-no fee” basis. That means you will always come out on top.

Contact us now by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our direct messenger system on our contact page.

Want to learn more about Covid-19 and the law?

It’s important that you stay as informed as possible about the UK legal system and its reaction to Covid-19. That’s why Gowing Law has produced a series of blogs dedicated to letting you know your rights and how you can keep safe in the workplace. Our blog is updated every week with new content. So, make sure to keep an eye on it to learn more. If you can’t find the topic you are interested in, let us know! We would be more than happy to write about your suggestions. Write in to info@gowinglaw.co.uk to let us know.

We look forward to hearing from you soon!

Can I claim as a passenger in a car accident?

Posted on August 17, 2020 by Hannah Fletcher - Accidents in Public, Blog, Traffic Accidents, Uncategorised

As a passenger in a car accident, you may feel a little shocked about what has just happened to you. You were not put in a position to actively control the vehicle. Instead, you put your trust in the driver. Due to this, you are now are being forced to take time off work because of your injuries. It’s important not to blame yourself if you are involved in a car accident. You were simply in the wrong place at the wrong time. That’s why you could be owed car accident compensation for your injuries.

If this has happened to you then should reach out to Gowing Law Solicitors to help with your claim. Passengers who are involved in car accidents cannot be seen as liable. That means you have a high chance of getting a large pay-out to compensate you for your damages. Gowing Law can get you the justice you deserve and help you recover from your losses. Contact us today!

Why am I “not at fault” as a passenger in a car accident?

If you are a passenger that has been involved in a car accident, you are more of a victim of circumstance than someone who could have been held accountable for the accident. You were not the person behind the wheel of a vehicle. Instead, you are known as a “third party”. That means you were involved in an accident but were not the cause of it. You were just a victim of bad luck. Even if you were distracting the driver, it is their responsibility to keep their attention to the road. Any accidents that happen are not your fault.

The vehicles you could be a passenger of include:

Cars
Motorbikes
Bikes
Public Transport

Can I claim compensation from any other party?

In special circumstances you could claim for compensation from a different party, outside of the drivers who were involved in the accident. After all, not all car accidents are caused by a negligent driver. Instead, it may be due to the environment of the road, bad weather or even due to engineering work or the basic design of your car. In these cases, you could make a car accident claim against:

Local authorities/government to fix faulty road surfaces, change broken street lamps or sort out potholes.
The engineer to fix any broken parts of the vehicle that they could have damaged when they last looked at the vehicle.
The manufacturer of the vehicle to have it replaced with a non-faulty vehicle.

If you have been a pedestrian in a car accident, you should bring up these options with your solicitor. They can make sure to help you figure out who is the responsible party to collect compensation from for your damages.

What sort of injuries could I suffer from?

Passengers have a few responsibilities in the vehicle to keep themselves safe. This includes wearing their seatbelt and not distracting the driver. A passenger in a car accident can still get hurt though, even if there is an airbag to try and cushion the blow. They could suffer from whiplash, internal bleeding or broken bones. In the worst case scenario, they could even lose limbs or suffer from head, spine or brain damage.

Whether a passenger has suffered from life-changing injuries or small wounds, they still have the right to make a claim for compensation against either party involved in the accident. Ultimately, it is up to them to decide whether or not they think the claim is worth their time and money. If the pay-out they get in return is very small then it is likely not worth pursuing.

Additional injuries may include:

Bruises, bleeding and fractures
Broken bones
Glass injuries
Burns
Paralysis and nerve damage
Back trauma
Fatalities

Let Gowing Law Solicitors know exactly what physical injuries you have and we can help you understand how much you could claim for your damages.

How will the drivers pay for my compensation?

Here at Gowing Law, we understand if you feel a little nervous about making a claim against either of the parties responsible for the accident. After all, they may be dealing with general and special damages claims from the other people involved in the accident. However, if you make a claim you will not be asking the person responsible to pay directly from their own funds. Instead, they will be paying from their vehicle insurance. If they do not have insurance then this could increase the amount of compensation that you are owed. After all, it is illegal to drive any vehicle without insurance. If this does happen to you, make sure to report the vehicle and driver to the police. You can then use the police report to serve as evidence for your case.

Can I still make a compensation claim if I was in the vehicle responsible for the accident?

It’s a bit of a common myth that if you are a passenger in a car accident, you can only claim compensation if you were inside the vehicle that was not responsible. However, this is not the case. You can make a claim because ultimately you were not responsible for the accident. As you were not in charge of the vehicle, it is the responsibility of the driver to keep you safe. You can even make a claim if:

The driver of your vehicle was distracted.
A mobile device or phone was used during driving.
Your driver disregarded the advice of road or speed signs.
The person driving the vehicle was under the influence of alcohol or drugs

Just keep in mind that whilst you can claim compensation, if you knowingly got into a vehicle with someone who could easily breach their “duty of care” whilst driving on the road, the amount of compensation you receive could be lessened. However, this is rare. In fact, in most cases it won’t impact your passenger settlement in any way at all. But it is something to be aware of. If you feel like you were partly responsible for an accident, speak to your solicitor about it. They can help you understand whether or not your compensation will be affected by the individual circumstances of your case.

What kind of damages can I claim for as a passenger?

Just like a vehicle owner, a compensation claim will take into account all of the damages that you have suffered. These are separated into “general damages” and “special damages”. General damages take into account your physical suffering (i.e. physical and emotional trauma). Special damages will help you get compensation for your financial damages. Take a look at the infographic below to see more information on what exactly you could claim for as a passenger in a car accident:

The more evidence that you keep about your damages, the more likely it is that you will be able to claim for more money. After all, you are not just putting forward a “he said-she said” case. You are demonstrating what your damages are, how you were damaged and the evidence to prove they happened. This should ultimately show that you were the victim of the accident and deserve to be compensated for your losses.

What evidence can I use to support my claim as a passenger in a car accident?

The more evidence you have to prove that you have a legitimate claim, the higher your compensation pay-out is going to be! That’s why it’s always better to have too much evidence than too little evidence. Now, you can take evidence from the scene of the accident or from the difficulties you encounter after the accident. You are trying to prove that you are victim of damages, therefore any problems you encounter in your day-to-day life thanks to your injuries can show that you are owed compensation.

Evidence you should consider includes:

Photographs of your injuries
CCTV Footage
Dash-Cam footage and video footage
Witness Statements
Police reports
Medical Reports
Financial Receipts
Communication with your insurance provider
Diary entries

Of course, if you do get hurt, make sure to put your safety above everything else. You can collect evidence later on. Just make sure to get yourself checked out for injuries so that anything hidden away does not get any worse.

What should I do if I am a passenger involved in an accident?

As stated previously, as a passenger in a car accident, the first thing you should do is get out of the vehicle and try and contact emergency services as quickly as possible. They will help you with any injuries and make sure you get treatment for internal damages. You may also want to contact the police so that a report can be taken down of the accident. If there is another party involved in your accident (i.e. another driver) you should leave your driver to speak to them about insurance details and contact information. However, you may want to note down their licence plate.

If you are well enough to collect evidence, if you see any witnesses then make sure to take down their statements or their contact numbers. You should also take photos of your damages and see if there are any other recording devices around the area (i.e. CCTV). But make sure you are well enough to do this. If not then focus on your own safety above anything else.

What should I do if the other party responsible for my injuries will not admit it?

Road traffic accidents (RTA) are complicated. This is because no matter what type of RTA claim you are involved in, the circumstances will always be different. In most cases, a settlement agreement will be drawn up between the different parties. That means that you will get an agreed amount of money for your injuries. However, if the party responsible does not admit to your damages, it is up to you and your solicitor to push forward with the claim. You need to use your medical records and evidence to come up with a settlement agreement. If they still refuse, you can bring the case to court. Here a judge will decide on whether or not you are owed compensation for your losses.

How much could I claim as a passenger in a car accident?

The amount you get from compensation depends on the extent of your damages and how bad your losses are. The more you have suffered, the more likely it is that you will get a bigger pay-out. Speak to a solicitor about getting an estimate for the amount of compensation you could be due. They can look at your evidence and your damages and give you a rough amount. Keep in mind this may change during the case or if you have a settlement agreement.

How long will it take to make a car accident claim?

Unfortunately, due to the current Covid-19 pandemic, it may take longer than previously to get you your compensation. As the UK courts were shut down to protect the public, there is now a backlog of cases. The UK courts are also prioritizing some more urgent cases over others. This is why you need to get in your claim as quickly as possible. That way the delays will not be too severe when it comes to your case. Speak with a solicitor to figure out a timeline or how long is required to deal with your claim. They can keep you updated.

Work with Gowing Law Solicitors on your car accident compensation claim

Here at Gowing Law Solicitors, we understand that any type of road traffic accident can be traumatic to all parties. That’s why we want to help you get the compensation that you deserve. Our trained solicitors in Manchester can offer you free advice and consultations remotely to get you started. If you are happy with this and decide to work with us, we can work with you on a “no win-no fee” basis. This means even if we do not win your case, you will come out on top. That means there’s no risk to stop you from making a claim.

If you are ready to work with us, contact Gowing Law Solicitors today at 08000418350, email info@gowinglaw.co.uk or use our direct messenger located on our contact page. One of our team members will then get in contact to help you with your claim.

Learn more about traffic accident claims

We pride ourselves on having a law blog that is kept updated with the latest legal advice and information about the UK courts. Take a look through our blog page to read up about different accident claims and how we can help you with your claim. If you cannot find what you want to read, let us know! We would be more than happy to write about your suggestions or questions. Email info@gowinglaw.co.uk and we will write an article about your request as quickly as possible.

We look forward to seeing you in our next article.

My work-mate caused my accident. Who pays my accident at work compensation?

Posted on August 13, 2020 by Hannah Fletcher - Blog, Uncategorised, Work Place Accidents

Accident at work compensation claims are here to protect you just in case you get hurt in the workplace. It does not matter how bad your injuries are, or whether you work in an office, a retail store or even on a construction site. It’s important that you make a claim to ensure that the hazard is dealt with and you are financially compensated for your losses, physical damages and emotional trauma.

Unfortunately, accident at work compensation claims can get complicated, especially if your employer wasn’t directly responsible for your injuries. Instead, you could have got hurt due to one of your colleagues. Now, it’s important to recognize that this may have been due to an honest mistake or unfortunately because of their behavior and negligence. This is why you may be feeling conflicted about who to ask for compensation. Is it your boss or should it be your colleague?

Is my work mate responsible for injuries in a work accident?

To put it bluntly, whilst your colleague may have been the one who caused you injuries in the first place, your employer will still have to pay for your compensation. In legal terms, this is also known as vicarious liability. Let’s dissect the term before we give it a proper definition. “Vicarious” means something that is experienced by somebody else rather than it being yourself. “Liability” means that you are meant to be responsible or ”at fault”. Putting the two together then means the person who actually inflicted the harm may not actually be the one who is at fault. If the employee is acting on the instruction of a higher authority, the liability of the accident will fall on them.

So, let’s put it a little more simply now that we’ve described what it is all about. Vicarious Liability means that the employer is actual liable for damages because their employers (and their actions) give the instructions and are responsible for any hazards that are not marked out and put right.

How could my colleague have caused my work accident injuries?

Normally, if you are going to be eligible for work accident compensation, you need to prove that you were not at fault for your injuries. It is the responsibility of your employer to provide a safe work environment. However, if:

Neither you nor your colleagues received proper training
You and your colleagues are asked to carry out inappropriate tasks (i.e. carrying heavy boxes)
Both you and your colleagues are not allowed to take proper breaks
None of the environmental hazards in your workplace have been marked out (i.e. puddles)
You and your colleagues were told to use faulty/damaged equipment

And then you got hurt, it falls on your employer to pay your compensation. You deserve to feel safe in the workplace. Therefore, if your colleagues cause you damages that are beyond the control of either of you (i.e. by dropping something on you or spilling something), it is the responsibility of the employer to pay compensation.

Can my work-mate claim any form of work accident compensation?

Every work accident injury is completely different. You have to realize that different injuries will lead to different forms of compensation. If you have been seriously hurt due to your accident, your colleague could claim third-party damages due to emotional or psychological trauma. However, this sort of compensation does depend on whether they fall into certain criteria (i.e. if they witnessed your accident or if they are a very close family member, friend or loved one). It will also depend on whether or not they got hurt themselves. If they did get hurt then they could make their own accident at work compensation claim against your employer.

Can I claim for small and large injuries caused by my colleague?

If you and your colleagues have been forced to work in an unsafe environment, and you got hurt due an accident caused by your work-mate, you can claim for the damages. The point of compensation is to restore you back to the original position you were in before you got hurt. This means you could claim for:

Physical Injuries
Emotional Damages
Financial Losses (i.e. travel fees)
Loss of Opportunity (i.e. promotion or wage increases)
Medical expenses

So, if you are thinking about making a claim, you need to consider whether or not it is worth the time and effort you are going to put in to the claim. If you have the potential to claim for a large injury, and therefore get a big pay-out, we would highly recommend that you go for it. However, if you only have small wounds from your accident at work, the amount you get in compensation may be smaller than you anticipated. Discuss all of the risks of your case with a solicitor before you make a firm decision.

What should you do if you have been hurt by a colleague at work?

If you have got hurt due to an accident caused by your colleague, you should consider your safety above everything else. Ask for your accident to be written down in the work accident handbook before you get a copy. You should also ask to get medical assistance as quickly as possible. Even if you are only suffering from minor injuries, going to get your injuries checked out can stop them from getting worse. You should also ask for a medical report to prove what happened.

Make sure that your employer is fully notified about the accident and start to collect evidence. Evidence may include:

Photographs of your injury and the work environment
CCTV footage
Copies of your letter of grievance
Video footage of your injury and your work environment
Witness statements and testimonies
Police reports
Medical reports
Diary Entries
Receipts of financial losses

How long will it take to get work compensation?

We would highly recommend that you get in contact as quickly as possible about your accident at work claim. Covid-19 has not only made changes to safety in the workplace, but has also caused delays in the legal system. If you have a complicated work accident claim, for instance if employer refuses to take responsibility for your accident, it will take longer than a few months to get a trial date. Be patient with your solicitor and ask them for their opinion on deadlines. They can keep you updated with the latest information about your case.

How much can I claim for work compensation?

Any compensation estimations depend on the extent of your injuries and how bad your losses are. If you have suffered from life-changing injuries, you could be owed thousands. That’s why it’s wise to get in contact with a solicitor and talk to them about what sort of pay-out you could be owed. That way you can get a reasonable estimate and consider whether or not it is worth your time following it up.

How do I make a work compensation claim with Gowing Law Solicitors?

Here at Gowing Law, we understand that any type of work accident can be traumatic. They can leave you with life-changing injuries and may destroy your friendship with your colleagues if they were responsible for your accident. That’s why you should get in touch with Gowing Law to get some help for your claim. We can make the whole claims process simple. Our solicitors offer free advice and consultations to get you started. If you are happy to work with us, we can offer our services on a “no win-no fee” basis. That means you will always come out on top, no matter what type of claim you have.

Contact Gowing Law today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our contact page’s direct messenger. We would be more than happy to answer any additional questions you may have about work accident claims

Hairdressing Compensation: What accidents can I claim for?

Posted on August 13, 2020 by Hannah Fletcher - Blog, Cosmetic Claims, Hairdressing Accidents, Uncategorised

Hairdressing compensation can protect you against the most severe of beauty accidents. Usually, when we head off to have a new haircut, we go with the expectation that we are going to come out with a look that represents who we are. The last thing we expect is to suffer an injury due to the negligence of the hairdresser or perhaps an unmarked hazard in the salon itself. After the UK lockdown hairdresser studios have now taken extra care to implement new social distancing regulations that can protect both staff members and clients. However, even in the safest salon environments, accidents can still happen. That’s why you need to be prepared for the worst. This is where Gowing Law can step in to make sure that you get the compensation that you need to recover.

We are an extremely experienced law firm in Manchester and come across a range of hairdressing injuries that entitle claimants to receive compensation. This is why we are going to discuss the most common hairdressing accidents today. Let us know about your own experiences and we can let you know if we can help you claim compensation.

What could make me eligible for claiming hairdressing compensation?

Before we dive into the types of accidents that could happen in a hairdressing salon, let’s have a quick discussion about compensation claims in general. Whether you are looking for beauty treatment compensation or have suffered from damages to your hair, the main thing you need to prove is that it was not your fault. In the legal world, this is known as “liability”. If you are liable for an accident then that means the accident was your fault. Unfortunately, if you were the main cause of the accident (for example, if you had been messing around with hair products or perhaps started a violent altercation) then you will not be able to claim for damages through the hairdresser’s employer liability policy. Instead, you may find that you are sued for damages to the salon.

However, if you are not responsible for your injuries, and instead have evidence to prove it was not your fault, you should make a compensation claim to get a pay-out that can help you with your recovery. Keep in mind that the more evidence you have, the more likely it is that you will have a validated hairdressing accidents claim.

So, remember, the main ways you can prove that you are eligible for compensation is to prove:

The accident was not your fault.
Clients were not given appropriate advice about the treatment.
You were not asked about any allergies or given a hair patch test.
You were not told about any side-effects that could happen due to the treatment.

How bad does my accident need to be to claim hairdressing compensation?

One of the main things you need to do when you have been hurt is consider your options for compensation. Yes, whether you have a large injury or a small injury, you can claim compensation if you have suffered at the hands of your hairdresser. However, it is entirely up to you to decide about whether you think it is worth it or not to pursue a claim. For larger accidents, you could be owed thousands of pounds. However, for those who have only received a few minor injuries, it may not be worth compensation. After all, you may end up spending more money on the court case than what you may get out of a pay-out. Consult an experienced hairdressing claims solicitor to talk about your options and whether or not you want to press charges.

What should I do if I have been involved in some type of hairdressing accident?

Whilst it can be tempting to immediately start collecting your evidence, what you should actually be focusing on is your own health and safety. Of course, it is up to your hairdresser to ensure that you are fully safe throughout the treatment. But once an accident has happened, you should focus on getting medical treatment for your injuries as quickly as possible. That way they can be seen by a doctor and a medical report can be written up. Even if you have only suffered from small injuries, these should be seen to by your GP to check to see if they are any worse than they originally seen.

Don’t forget that you should also ask for your accident to be recorded within the hairdresser’s accident workbook. That way you will have written documentation that the accident took place. If you are the victim of a violent altercation, you can also ask for the police to be involved. That way you can get a police report. For both of these reports you should be able to get a copy that you can use in your evidence when you finally go to court.

What types of hairdressing accidents are there that I can claim for?

Now that you understand exactly how you could be owed compensation, it’s time to talk about the most common types of accidents that happen in hairdressing salons. Keep in mind that during this time, your hairdresser may be experiencing pressures due to Covid-19. They should be implementing the following safety measures to ensure that their clients and staff remain completely safe from getting ill.

With that said, if you do get hurt because of an accident in a hairdresser’s salon, you need to know exactly how you could make a claim. But first, let’s focus on the type of accidents that you could have suffered from.

1. Cuts & Lacerations

Your hairdresser should be an expert with scissors. After all, they have been trained in hair and beauty and know how to give a look by just looking at a picture. However, sometimes scissors can cut too far and you may find that you get hurt. Worse still, you may even get deep wounds or gashes that require medical attention. Untrained hairdressers may even accidently nip at your ears or leave wounds on your skin that need to be treated with anti-sceptic. If this happened due to the inexperience or negligence of your hairdresser, you could be owed compensation.

2. Baldness and Bald Patches

Whether you’re a man or a woman, you may have suffered from a buzz cut gone wrong or perhaps balding due to the chemical products your hairdresser has used. If you were not informed that your hair would react in a certain way, or perhaps that it might fall out altogether, this may leave you feeling frightened and embarrassed to go outside. If you have been hurt due to this you can claim physical damages as well as emotional damages.

3. Chemical Burns and Heat Burns

Using hot tongs and chemical products may react badly to your skin, especially if you were not given a skin test to make sure your hair could handle products like bleach, toner and dye. It is very easy to simply move a tongue or straightener too close to your hair and have the skin burned. In the worst case scenario, these burns may require hospital treatment to help repair the skin. This could leave you with scars and permanent damages that are difficult to cover up.

4. Slips and Trips

Sometimes when we think about hairdressing accidents, we think about injuries that can happen during the treatment itself. However, accidents can also happen before and after your appointment. Your hairdresser needs to operate under a “duty of care”, meaning that they keep you, other customers and their employees as safe as possible. If they don’t then this could lead to a compensation claim, or even a work accident claim.

When you enter a hair salon, the environment should be clean and tidy to avoid any accidents. However, recently cut hair, spilt products or even water spills can cause slips and trips. If the area is not marked then you could fall over and hurt yourself. This includes getting bruises, broken bones or trauma to your head, back and spine. You will require immediate medical help if this happens. If the hazard is not marked out then you could claim compensation. After all, the hairdresser had the opportunity to mark out the hazard but chose not to. This meant that you had more chance of getting hurt.

5. Customer/Employee Violence

It’s not just the environment of the hairdresser’s salon and your hair cut that you need to worry about. Criminal injuries are quite common and a fight could break out if your hairdresser or a different customer gets angry about their appointment. If you are forced into an altercation then try to get in contact with the authorities/police as quickly as possible. They can help calm down the situation and also make a police report. This can be used as valuable evidence when your case is taken to court. That way you can prove that you were not the cause of the attack. You should also ask for CCTV footage to show an unbiased view of what happened when you went to the hairdressers.

Injuries from a fight may include cuts, bruises, broken bones and internal bleeding. However, there is always a chance that a fight goes too far. You could suffer from severe injuries due to thrown products or the use of scissors. Try to keep safe and defuse the situation as quickly as possible.

What type of evidence do I need to prove my case?

If you are going to pursue a hairdressing accident claim, you need to have the evidence to back it up. That way you can show that you were not responsible for your accident and instead can show the hairdresser you had was negligent. The amount of evidence will also affect the pay-out you receive at the end. If you have more evidence, you should get a higher pay-out. This is because you have proven the amount of pain and suffering that you have been forced to endure. If you are going prove your claim then you should consider the following evidence:

Photographs of your injuries and the scene of your accident
CCTV and video evidence of your injuries and the scene of your accident
Witness Testimonies and statements
Medical records
Receipts of expenses
Diary Entries
Police Records

Keep in mind that the type of evidence you find can come from the time of the accident and from after the accident as well. For instance, you can claim for loss of opportunity. This is due to the fact that you spent time off work to recover. You can also claim for the following losses and damages:

Physical injuries
Emotional trauma
Financial damages
Medical expenses/recovery treatments
Travel fees
Equipment damages

Gowing Law can help you with your hairdressing compensation!

Here at Gowing Law Solicitors, we understand the how difficult it is to cope with the trauma that comes along with hairdressing accidents. The embarrassment, vulnerability and anger that can come from an appointment gone wrong can leave you feeling like you have nowhere to turn. But this is where Gowing Law can step in. We can offer you free advice and consultations to talk about your claim. If you are happy to work with us, our solicitors offer their services on a “no win-no fee” basis. That means you will always come out on top when making a claim.

Contact Gowing Law Solicitors today at 0800 041 8350, email info@gowinglaw.co.uk or even use our direct messenger on our contact page. We would be more than happy to answer any additional questions you may have about our services.

Want to read more about hairdressing compensation claims?

Don’t forget that Gowing Law keeps its blog updated with the latest legal information about beauty and hair claims. Keep an eye on our blog to see the latest articles and legal topics. If you cannot see the topic that interests you, let us know! We would be more than happy to write about your suggestions. Tell us now by emailing info@gowinglaw.co.uk.

We look forward to seeing you in our next blog.

Do I need evidence to prove I was mis-sold a pension?

Posted on August 4, 2020 by Hannah Fletcher - Blog, Pension Claims, Uncategorised

Do you think that you have been mis-sold a pension? When you get to your golden years, you deserve to be supported by a pension scheme that can help you live life to the fullest. It truly is appalling that some pension schemes believe that they can target these vulnerable age groups for money. If you have become the victim of a mis-sold pension scheme, Gowing Law Solicitors are here to help you get compensation for your losses. All of our trained lawyers understand that this sort of situation is extremely stressful, after all, you may have lost the majority of your nest-egg due to an unregulated pension or even a SIPP scheme. That’s why we would be happy to represent you.

Now that you have the best legal representatives on your side, you may be wondering to yourself, “how can I prove that I was mis-sold a pension?” Well, the best way to do that is through evidence of a mis-selling. This is what our blog is going to explore today. That’s way you will know precisely what you could be owed. Click the link below to see more about how we can help you with your case:

What is a mis-sold pension?

When you pick a pension for the future, you pick a scheme that has been personalised to your own financial situation. For most people, your place of work will very likely have a pension scheme that you will be involved with. Here are some examples of the pension schemes you may have been involved in:

In most cases, the easiest option for anyone is to go with a normal work-place pension. Employers should have a scheme in place to give people the option to start saving up for their future retirement plans. However, in some cases you may have had a banker or a completely independent financial advisor that advised you to either invest in a SIPP or even in a completely different pension plan altogether. If you have a mis-sold pension, it is likely that the advice that you received did more harm than good. The advice you received was not tailored to suit your own personal financial situation. Therefore, you most likely lost out on a lot of money that was going to be used to help sustain you in your golden years

If an advisory party has already done this to you, there is a chance that the lender responsible for your damages could receive a penalty and owe you compensation.

The rules of a pension scheme

Let’s have a quick talk about pensions before we jump in to how you could have been mis-sold a pension. Any financial advisor or bank, when talking to you about potential pension schemes, need to follow specific rules and regulations. This includes giving you all available information to keep you informed about your pension and also showing you all pension options. If they follow these rules then it is likely that the pension you pick will suit you completely. Keep in mind that the information you receive should be in relation to:

Whether or not the package is a risky investment
If there are any better investments available to you
How it could be effected by your medical report/medical history

If this did not happen for you then you can bring up the fact that your advisor did not provide you with a pension plan that followed the FCA’s code of practice. This should be good evidence to start validating your mis-sold pension claim. Make sure to read the handbook carefully and see if any the rules within it have been broken. Your legal counsel can help you with this.

How could I have been mis-sold a pension?

When it comes to picking a pension, it is crucial that you get a number of different pension schemes/plans to choose from. Your financial advisor can offer you information about each scheme, however they should not try and influence your decision. Think of it this way, your lender could be involved in a different scheme where they earn commission by recommending you a certain pension. For every person they get involved, this will mean more money goes in to their pockets. Instead, your pension scheme should be focused on what is best for you and your nest egg. If this did not happen for you, there is a high chance that you could have been mis-sold your pension.

This is only one of the ways that your pension could have been untailored to suit your financial status. Here are some other common signs that you have been mis-sold a pension.

The power of the financial advisor

As you can see, what all of these forms of mis-selling have in common is the experience and honesty of your financial advisor. Of course, there are additional ways you could have been mis-sold a pension, including:

Being pressurized to leave your work pension
Unknowingly joining a tax avoidance scheme
Having guaranteed returns offered to you
A lack of paperwork
Lacking information about your pension

Again, even these rely on how open your advisor/bank is with you about these schemes. Even if you are still new to investments, you rely on the expertise of your advisor to direct you onto the right path. That’s why it can be devastating to learn that most of your nest-egg has now been lost. Whilst you may not be able to get your pension back, you can still get compensation for your losses. This is where having the right evidence can help you get the justice that you deserve.

How can I prove I was mis-sold a pension?

Now that you have confirmed that you think you are the victim of a mis-sold pension scheme, it is essential that you have the evidence to back it up. If you don’t then it may look like you just took too high of a risk instead of it being due to the negligence of your financial advisor. Make sure to keep all of the documentation that you were provided before you chose to invest. If there are certain documents that are missing, this can show that you were not provided with all of the information to make an appropriate claim. Take a look at the case study to understand a little more:

As you can see from our case study, Cathy has a lot of evidence to show that she was misled in her choice to invest in a different pension plan. Not only was she pressurized but she did not even see a contract that could have gave her more information about where her funds were going. Instead, she relied on the word of her advisor and this trust was abused. If she was going to make a claim, any communication between her and her investment advisor would be extremely useful to show that information was being withheld from her. This may also apply to you.

Validating your pension through evidence

Your main aim is to prove that you are a victim of the negligence of your advisor. They have breached their “duty of care” towards you, and as a result you have incurred financial damages. Proving you are not at fault for this bad investment is not the same as making a claim for a work accident or medical negligence claim. You do not have any injuries. Therefore, you are relying on what information was and was not supplied to you.

Your evidence may include:

Official investment documents
Contracts
Communications between you and your advisor
Incorrect pension annuities
Any pension transfers
Commissions or fees you paid to your advisor
Important documents that do not detail the risk of your investment

Once you have gathered your evidence, you should start to organize to show how it validates your case. For instance, if you had to pay a fee, don’t be afraid to show receipts and how it made your experience financial damages. This can strengthen your case. The more evidence you have, the more likely it is that you will get a larger amount of compensation. Having an experienced lawyer can help you understand exactly what you could be owed and how your evidence can help your case. Don’t be afraid to ask for their assistance! They would be more than happy to provide it.

What should I do now that I have a claim?

In some cases, you may have already tried to make a claim with the UK’s Pension Ombudsman, but you may have been rejected. This is why having a trained solicitor on your side can help you understand how to approach your case without it becoming invalidated.

First of all, make sure to gather your evidence. The more evidence you have, the more likely it is that you will be able to prove that you were not the party “at fault” for the bad investment. You will want to act as quickly as possible to make sure that you don’t lose any evidence before your claim is taken to court. Make sure you are concise about your claim and use your evidence precisely to show why your losses should be reimbursed. You may also want to file a complaint to the advisor in the form of a letter of grievance or ask how they deal with complaints. Once you have sent in your grievance then the advisor will have around eight weeks to respond to your case. If they do not respond, you should take your case to your lawyer.

Your lawyer can help find out whether or not they believe that they were negligent in their services. Once they have received an answer from the other party, they can start the proceedings on taking your claim to court. If you do not feel confident or comfortable, they can even represent you in court.

Do you need legal representation?

Gowing Law can help you with your mis-sold pensions claim! We understand that it can be traumatic to have saved up for so long, only to have your pension practically stolen away from you. Well, here at Gowing Law, we think you have every right to claim back what is yours. Whilst you cannot get your full pension back, we can help you claim compensation. Our legal team are extremely experienced in these types of legal claims. That’s why you will always be satisfied with our help.

We can offer you free advice and consultations to get you started. These can all be handled remotely or electronically if you are worried about the current pandemic. If you decide to work with a specialist Gowing Law Solicitor, we work on a “no win-no fee” basis. That means you will always come out on top, even if you do not win your claim. There is no risk, so what’s stopping you from getting in contact? Nothing at all!

Contact Gowing Law Solicitors today to begin your journey. You can call 0800 041 8350, email info@gowinglaw.co.uk or even use our contact page to message our team directly. Feel free to also follow us on social media:

Learn more about mis-sold pension claims!

Are you ready to learn more about financial mis-selling? There’s a lot more than just mis-sold pensions! You could also have been a victim of unclaimed PPI tax! We have so many blogs on a range of UK legal topics. This includes cosmetic negligence, accident at work claims, public accident claims, criminal activity compensation and RTA claims. Our blog is updated weekly so make sure to keep an eye on it to see the latest information. We also talk about urgent legal topics about Covid-19 and how you may have been affected by it. If you can’t see your question in our blog, why not let us know about it? We would be more than happy to write a blog about information you want to know! Write in to info@gowinglaw.co.uk and let us know your suggestions now.

We look forward to seeing you in our next blog. Good luck with your mis-sold pension case!

Fill out the form to start your claim today!