Month: September 2020

Work Accident Compensation: Can commuting employees make a claim?

Posted on September 4, 2020 by Hannah Fletcher - Accidents in Public, Blog, Criminal Injury, Traffic Accidents, Uncategorised, Work Place Accidents

Work accident compensation is used to protect employees if they have suffered from some kind of work accident. Nowadays, many employees are not going to their office. Instead, they may be working remotely to avoid catching Covid-19. However, for those that are going to work, there is a possibility that they could get hurt whilst they make the commute to the workplace. This could be due to a pedestrian accident, criminal activity or overcrowded public transport. There are many reasons you could get hurt. However, you may be wondering whether or not you could claim compensation for getting hurt.

Gowing Law Solicitor can help you if you have been hurt at work and require compensation for your losses. All you need to do is phone up 0800 041 8350 to get started!

Work Accident Compensation: How could I get hurt on my commute to work?

You may feel a little nervous when you go on your daily commute to work. After all, you may be a bit out of the swing of things when it comes to commuting, or perhaps nervous due to Covid-19. Whilst you are likely taking your own necessary precautions to adhere to social-distancing, such as owning your own face-mask and hand gel, there is still the chance that you could get hurt on your commute to work. Take a look at the infographic below to understand what type of risks could be encountered on your way to work:

As you can see, there are a number of ways you can get hurt at the start and end of the day. There are always going to be hazards on your way to work. Covid-19 may be making people more health & safety conscious, but negligent drivers, passengers and pedestrians could still cause you to get hurt. But the main question is, is your employer responsible for you getting hurt when you are on your way to work? This is what we are going to find out.

Is my employer responsible for providing me with work accident compensation for my commute?

Unfortunately, no, they are not responsible for your safety when you are outside of work. This means you wont be able to get work accident compensation. You are paid for a scheduled amount of time to fulfil a task or provide a skill set. When you are off the clock then your employer is not required to maintain their “duty of care” over what you do. You are basically a free agent to do whatever you want. If you get hurt then this is out of their control. There are only a few circumstances in which your employer would be held responsible for your commute. However, if you have got hurt then you may want to think about making a:

Criminal Injury Claim
Road Traffic Accident Claim
Public Accident Claim

Your eligibility depends on the type of accident you have. However, if you have fall under one of these categories, it is likely that you will be able to get compensation. The only different will be that it will not be paid from the insurance of your employer.

What “special circumstances” could mean that I can make a work accident compensation claim on my commute?

Whilst it is very unlikely that you will be able to make a work accident compensation claim based on an accident during a commute, there are other times when an employee may be covered. Keep in mind that this may only be for very specific employees or events that happen on the commute. Take a look at some of the examples below to get a sense of what could be classified as a commuting work accident:

You were asked to run a work-errand on the way home from your work place or whilst you were on a break. If you got into an accident during this then you could claim compensation. This is known as the capacity concept.

As an employee, you are forced to commute through a “zone of danger” in order to get to work .This includes construction sites and large blasting areas. If you get injured due to these sites then you could be owed compensation.
You are an on-call employee that gets covered when they are called into work. This means that they are covered even if they get hurt at home.
You have been asked to go on business travel or go abroad to a different worksite.
Travel is a normal part of our job and you do not work from an office-site. This can include nurses, sales people, truckers or any sort of vehicle drivers. As you do not have a fixed workplace, you will be exempt from the “coming and going rule”.

Are there any other types of special cases?

Of course, these are only a few examples of why you could be eligible for compensation. The best way you can determine whether or not you will be able to claim compensation for an accident on a commute is by speaking with a trained solicitor. They can let you know if you are pursuing the right claim or if you should consider making a different type of compensation claim.

I was still injured! What should I do now?

Now if you are sure that you do not have a work accident claim, you should consider alternative options. All is not lost! Just because you cannot ask your employer for compensation doesn’t mean that you do not have a compensation claim. You simply need to consider the other accident categories that your case could fall into. Remember, for most accident claims cases, you will need similar types of evidence to prove that you were not responsible for your accident. The categories of public injuries are there to focus you on who will need to pay for your compensation. Here are some examples of the types of claims you could go for, as well as how you could make the claims in general.

Road Traffic accident claims

Normally, when you set out on your commute, you are going to be taking some form of transport or may be walking to work as a pedestrian. However, if there is a careless driver on the road that is breaching their “duty of care” towards other road users, this could cause an accident. The vehicles you may be driving or be a passenger on may include:

Public Transport
Cars
Motorcycles
Bikes
Buses

If you have been involved in a traffic accident, it is likely that it was due to the negligence of the other driver. You need to prove that you were not at fault and took all the precautions necessary in order to avoid an accident. If the accident still happened then this will mean you are not at fault and can claim compensation. Make sure to take down the insurance number and pictures of the other vehicle. That way you can know who to contact if you do end up needing to make a road traffic accident claim.

Criminal Injury Claims

Now, if you are dealing with a criminal injury claim, things may end up going a little differently for your claim. Criminal attacks can happen at any time and in any place. However, if you are commuting back and forward between work, you may find that as the nights get darker, you may start to feel more vulnerable or isolated. If you are walking alone or away from the gaze of the public, this could make it more likely that you experience a violent altercation or an attack. A criminal injury claim may include:

Knife attacks
Gun attacks
Violent assaults
Sexual assaults
Terrorists attacks

Naturally, some of these types of altercations are worse than others. However, claiming for criminal injury insurance should provide you with compensation that can help you recover. If you have suffered from some sort of criminal attack, make sure to immediately call the police or emergency services to ensure that your wounds are treated. Cooperate with the police’s investigation before you start to collect your evidence.

In some cases, you may not be able to pick out your attacker or identify who they are. That is why we would recommend that you seek compensation from the CICA scheme. CICA stands for criminal injuries compensation authority. If you do not know who your attacker is then this may make things difficult. That’s why you need a solicitor to help you collect your evidence to prove that you fall under the scheme.

Public Accident Claims

Another type of compensation you could claim for is known as a public accident claim. These are some of the most common type of claims and are used to get you compensation for damages that happen on public property. So, for instance, let’s say you visit a store on your way to work to pick up your lunch. If you get hurt due to a slip or fall in the store, you could claim for public accident compensation. This applies to any sort of public area that may be under responsibility of a local body of government or an employer. If you have got hurt in a public place, make sure to alert any staff or people around. They can act as your witnesses.

You will also want to get your wounds checked out and start gathering evidence in order to help with your claim. This is very similar to what you may do in a work accident claim.

How do I prepare for an accident claims case?

When it comes to any sort of accident claims case the main thing you need to prove that you are not liable for your injuries is evidence. The more evidence you have, the more likely it is that you can show that you deserve a high amount of compensation for your losses. Now, your losses fall under two categories. These are “general damages”, for your pain and suffering, and “special damages” for your financial losses. You can also claim for emotional trauma, loss of opportunity and broken equipment.

Your evidence should prove that you have suffered from these damages. Examples of evidence may include:

Photographs of your injuries and the accident environment
Videos of your injuries and the accident environment.
CCTV footage
Police reports
Work Accident handbook reports
Witness statements
Medical records
Receipts
Diary entries

These are only a few examples of the types of damages and evidence that you could claim for. Remember that you can use evidence from during and after the incident. For instance, if you are suffering emotional damages after you were physically injured, you could be struggling to undertake normal daily tasks. Your evidence could be a witness statement or diary entry documenting your worries and fears.

Gowing Law can help you with your accident claim!

No matter what sort of accident claim you have, Gowing Law Solicitors can help you with legal counsel. Our experienced lawyers can provide you with expert advice and consultations to get you started. If you are happy with their services, we can take on your case on a “no win-no fee” basis. This means you will always come out on top and there will be no hidden fees that you will need to pay.

Get in contact today by phoning 0800 041 8350, emailing info@gowinglaw.co.uk or using our contact page. One of our team members will then be in touch to help you with your claim and answer your questions.

What you should expect from a personal injury claims lawyer

Posted on September 4, 2020 by Hannah Fletcher - Accidents in Public, Blog, Uncategorised

A personal injury claims lawyer is here to help you claim compensation if you have recently been involved in some sort of accident that was not your fault. Even in the safest of environments, there is still potential for you to get hurt. Whether you go to a beauty salon, your work office or a public venue, if there are hazards around that could cause you an injury then you could be owed compensation from those who are responsible. This is where a personal injury claims lawyer can help you.

We understand that some claimants may want to undertake a personal injury claim on their own. However, with the current pandemic, backlogs within the UK court system, and the potential complexity of your case, it’s always useful to have a trained personal injury claims solicitor on your side. That way if things start to get a little difficult then a legal professional can represent you and help you get the best amount of compensation possible for your claim.

Speak to Gowing Law Solicitors today to figure out how you can get the compensation that you deserve.

Do I really need a personal injury claims lawyer to help me with a personal injury claim?

Honestly, yes, you can represent yourself if you have suffered from a personal injury. For instance, you may have been injured at work and got hurt whilst carrying a box up the stairs, and therefore may have only suffered from minor injuries. That’s why you may feel like the case is simple enough that you can represent yourself. On the flip side, you may also not feel like you are able to find an appropriate legal representation for your case. Whilst we would recommend that you do seek help from a lawyer when it comes to any case, here are some tips and tricks if you do intend to represent yourself when you go to court.

Remember, you can always come to Gowing Law Solicitors if you want to seek counsel from a legal specialist for free. We understand that it can be difficult to balance an injury and a court case at the same time. That’s why we would be more than happy to provide you with advice about:

What type of claim you should pursue
Whether or not your damages are worth claiming compensation
If you hold any responsibility for your own injuries
How much your compensation claim could be worth
How long it will take to make a compensation claim
Whether or not there could be any complications with your claim

Get in contact today with Gowing Law Solicitors and we can talk to you about the best options for you.

What sort of cases can a personal injury claims lawyer help me with?

If you have managed to get hurt due to someone else’s negligence, this could mean that you are owed compensation for your injuries. Gowing Law Solicitors can help you with any sort of accident that was not your fault. This could include:

Accidents in a public place
Work accidents
Traffic accidents
Beauty injuries
Hairdressing injuries
Medical negligence injuries

As you can see, personal injury solicitors cover a lot of different accident claims. Your injuries could be large or small, either way, if they happened because someone else breached their duty of care towards you, which means you could be eligible for compensation. Having an experienced personal injury lawyer can help you get compensation even in the most complicated of claims.

Communication with a Solicitor for a personal injury claim

One of the most important things that is going to drive your claim forward is communication with your solicitor. We understand that you may feel a little nervous when approaching your solicitor about your claim. But don’t worry. A good personal injury lawyer will make things simple for you and help you understand everything that you need to about your case. Their job is to make sure that you are not stressed. Instead, they will have your case entirely under control and will simply want to have a discussion with you about what is the best way forward with your case.

Your legal counsel with any sort of professional injury lawyer should consist of:

Discussing your legal strategy
What options are available for in your claim (i.e. a settlement agreement)
The creation of a timeline for important events, court dates and “sit downs”
Electronic communication for sending documentation.

Remote communication is more essential than ever due to Covid-19. The UK court system has a back log of cases due to being shut down. That’s why you will need a personal injury solicitor to help you with your case. Whilst you may be following government approved advice, a solicitor will be keeping up to date on the latest help about how to handle a case safely and efficiently. That’s why you should get in contact as soon as possible to get started on your own case.

Realistic Expectations

Naturally, many people walk into a solicitor’s office and assume that they are going to be told that their case could be worth a 7 figure pay-out. Well, if they have suffered from a life changing incident then it is very possible that they could get that amount. But honestly, if you have just suffered from minor injuries then you may not be getting as much as you expect.

You will need to tell you solicitor the full story and allow them the time to do their research. That way they can form an objective opinion. If there are any holes in your story, or if you are lacking certain evidence then this will be picked up by your lawyer. They can let you know whether or not it is worth fighting for the case in general. Take a look at an example of a case below to compare your own situation

As you can see, Carla only suffered from a few bruises from her fall. There is no evidence that she slipped due to the negligence of her workplace. That’s why she is being advised not to proceed with the claim. You can expect your solicitor to always be honest about your situation and give you the best advice possible.

Expect Questions

If your case eventually goes to court, you need to be prepared for some hard questions. In every case, your account of the accident is going to be different from the other party’s recount. That’s why you will need to expect some deep questions when you initially speak with a solicitor. They need to know everything that could be relevant for claim. That way, if there are any potential challenges then they will be able to handle them and prove that you are speaking the truth. Try to think up weaknesses in your story and give a proper reason about why they exist. That way your lawyer can help understand your position and can defend you even during questioning in court.

Patience and Waiting Times

After you have spoken to your solicitor about your case, honestly, you need to be patient. Many people just expect that their case will be prioritized and that they will instantly get compensation. You need to be realistic. There are people who have come to your solicitor before you and so their case may take priority as their court date may be coming up. Be patient and speak to your solicitor about a potential time-line for your case. This can help you keep up-to-date with what they are doing to help you.

How can I help my personal injury claims lawyer with my case?

Asides from being completely honest and open about your case, one of the best things you can do for your solicitor is to provide them with as much evidence as possible. There are certain damages you could claim for known as “general damages” and “special damages”. General damages are for your pain and suffering, including physical injuries and emotional trauma. Special damages are for your financial losses, including medical fees, travel costs and the loss of opportunity or damaged equipment.

Evidence for these damages may include:

Photographic evidence
Video evidence
CCTV footage
Police reports
Witness Statements
Medical reports
Diary Entries
Receipts

Whilst you should try and collect as much evidence as possible, remember that your health comes first. Make sure to get the emergency services involved if your wounds are severe. Even if they are only minor, you should get a doctor to look them over to make sure that they are not any worse than they appear.

Settlements and Negotiations

Most of the time, when you have some sort of personal injury case, you may have a simple discussion with the person responsible, their legal team and their insurer. This can help you come to a settlement agreement where you can approve a set amount to be paid for compensation. However, not all cases are this simple. Naturally, your lawyer will be there to help you with the negotiations. If the person responsible for your injuries refuses to accept blame then you may find that you and your solicitor will need to negotiate.

Collect your evidence and send it to the party responsible. This includes your medical records. If they still refuse to accept blame, even after a settlement agreement has been proposed, your case may need to go to court. If you do not want to go to court yourself, then your lawyer can go in your place to represent you.

How much money could I get from my compensation claim?

This depends on the extent of your injuries, as well as the types of damages that you have suffered from. Naturally, if you have experienced a life-changing injury then this is going to affect your pay-out. However, keep in mind that if you do hold partial responsibility for the accident, or the other party has managed to prove that you are liable for some of their own damages, you may need to pay out of your own insurance. Make sure to be honest about any responsibility you may have in regards to injuries and let your solicitor know as quickly as possible about them. That way they can prepare in advance if they need to defend you in court.

Gowing Law Solicitors would be happy to help you with your personal injury claim

No matter what type of personal injury claim you have, Gowing Law Solicitors would be more than happy to help you get the compensation that you deserve. We understand that it can be traumatic to go through any type of injury if you were not the one to blame. That’s why we want to help you understand how much compensation you could get from making a claim. Our solicitors can offer you free advice and consultations to get you started. If you are happy to move forward with your claim, we can work with you on a “no win-no fee” basis. That means you will always come out on top.

Contact our Manchester solicitors today by phoning 0800 041 8350, emailing info@gowinglaw.co.uk or by using our contact page to access our direct messenger. Check your claim and one of our trained specialists will be in contact as quickly as possible to help you.

What should I do if I am involved in a hit and run accident?

Posted on September 3, 2020 by Hannah Fletcher - Accidents in Public, Blog, Traffic Accidents, Uncategorised

A hit and run accident can be traumatic. After all, one minute you are driving along the road or perhaps walking across a road, next minute another car has smashed into you and has simply taken off without providing any insurance details. Since 2006, it has been estimated that around 682,000 hit and run accidents happen every year. Most of the time the victims were riding a bike or were pedestrians. However, hit and runs can also happen to other vehicle drivers. That’s why you should not feel deterred to make a compensation claim.

You may be feeling a little nervous about getting compensation for your “hit and run” accident. After all, without a perpetrator, you may be asking yourself how you could even make a compensation claim to begin with. This is where Gowing Law can help you. All you need to do is get in contact with our specialist road traffic accident (RTA) team as quickly as possible. We can take you through your claim and let you know how our lawyers can help you. Click the button below to learn more about traffic accident claims:

What is a “hit and run” accident?

Normally, when you think about “hit and run” accidents, you think about screeching tyres, a car striking another vehicle or a pedestrian and then fleeing from the scene of the crime. Well, honestly, they don’t have to be dramatic. Usually, they involve someone getting hurt and the person “at fault” leaving the scene of the crime. A vehicle doesn’t even need to be moving for it to be a hit and run. If a vehicle backs into a parked car an drives off then this is still an example of a hit and run.

Of course, no one likes to admit that they messed up when they were driving on the road. You might feel that if you did this by accident you would be naturally inclined to leave the scene as quickly as possible to avoid punishment, an altercation with an angry driver or pedestrian or even to avoid talking to the police. However, this is still illegal. If you were caught doing this then damages will be pressed, including:

Fines
Criminal records
The loss of your driver’s licence
Points on your record
Jail time

What should I do if I am involved in a hit and run accident with no witnesses?

Naturally, you may feel confused about what you should do if you have experienced a hit and run accident but there are no witnesses to prove your story. If you were the cause of the accident, you should leave your contact details and go to file a police report. This would mean that the accident is not considered a hit and run. If you were on the other end of the accident then you should make sure to collect as much evidence as possible. That way you can prove that you were hurt and that the person responsible fled the scene.

What should I do if I have been involved in a hit and run accident?

One of most important things that you should do is treat your hit and run accident like any other RTA or crash on the road. Whilst you may not be able to prove who was responsible for the accident, you can show that you were not at fault. This is why you should contact an experienced lawyer to help you with your case. It is going to be difficult to get compensation if you go about it on your own, especially if the other driver’s identity remains a mystery. But a solicitor can help you:

Here is what you should do if you have recently been involved in a hit and run accident:

1. Try and identify the other driver involved in the accident

Unfortunately, not every hit and run case can end up with the other driver being identified. That’s why you need to write down as much distinguishing information as possible. This will help the police to identify the culprit responsible for your accident. Try and write down the information whilst you still remember it. You may also want to consider:

Distinguishing features about the other vehicle (i.e. the colour, the model, the licence plate or any dents or indents that could be recognisable.)
Any distinguishable features of the driver (i.e. what they were wearing, their physical appearance)

You should also ask witnesses about whether or not they saw anything that may have stuck out in their minds. You should also consider any nearby CCTV devices or recordings for clues. Who knows, you may be lucky and see a clear image of their driving plate. Remember, you are doing this to help with the police’s investigation, as well as gather evidence for your own case.

2. Take down evidence of your own damages

Although you should prioritize your safety above all things, if you can collect evidence from the scene of the crime then this will really help your case when or if it is taken to court. You should take pictures of your injuries and damages to prove that you were hurt. Additional evidence may include:

Videos of the incident or of the other driver (including CCTV and dash-cams)
Witness statements and testimonies
Medical reports
Police reports
Receipts and evidence of expenses
Damaged equipment
Diary Entries

Remember that you can collect evidence both during and after the accident has passed. For instance, you may not be able to get a medical report of your injuries until after you have been to hospital or have gone to A&E. You should always get a check-up just to make sure that you are okay. That way you can avoid your injuries getting any worse. You will also want to consider getting evidence that your property has been damaged, i.e. any valuables that were in the car at the time.

3. Visit the hospital

As we stated before, the most important thing that you need to prioritize over anything else is your own health. If you have been severely hurt due to a hit and run, it’s very likely that you may end up with very severe injuries. Getting medical help can add to the evidence that you have already accumulated for your claim. Make sure to call an ambulance for help or get someone to do it for you.

4. Contact other emergency services

Naturally, if you have been hurt then you should immediately call for an ambulance. But you should also contact the police as well. A hit and run accident is a crime and you will need to have it reported as quickly as possible. You may also want to consider claiming for criminal injuries. Having the police inspect the area can help collect evidence and can also give you the opportunity to get a police report. Police reports are unbiased and can prove that you were not at fault for your own injuries. Make sure to comply with the police’s investigation to ensure that a conclusion can be reached as quickly as possible.

Your timeline of events should look something like this:

Why should I get a solicitor to help me with me with my hit and run accident claim?

Honestly, when it comes to hit and run accident claims, they can be extremely stressful. Not only do you have had to endure a traumatic injury, but you most likely don’t even know who the culprit is! This can only get worse if you have had property and equipment damaged in the process. Basically, you are going to be extremely stressed and also in the process of recovering. The last thing you need is a court case also looming over your head. With the current pandemic and backlogs within the UK court system, you need all the help you can get. This is why it is so useful to have a solicitor on your side.

Your RTA solicitor can work on your behalf to ensure that you have the strongest case possible. Without a potential party to name as liable for your injuries, your clam could get complicated. A lawyer can show your evidence in its best light. This way you can get the highest amount of compensation possible.

What can I claim for exactly?

One of the most important things you need to understand about any sort of compensation claim are the damages that you are claiming for. Most people assume that they can only claim for physical injuries and that these will be paid out of the other party’s vehicle insurance policy. However, you can claim for other types of damages. These include:

Emotional damages
Damages to equipment
Financial damages
Loss of opportunity (i.e. promotions and wage increases)
Medical damages

Discuss these carefully with your lawyer. Your evidence should back up each of these damage claims. For instance, the hit and run accident may have damaged your wall, which fell over and hurt you. Because you could not go to work, you could not collect your wage and you may have even lost out on a promotion. All of these damages add up. Your solicitor can make sure to frame them so you get the biggest pay-out possible for your damages.

How much could I claim for hit and run accident compensation?

Now, whenever we are asked this type of question, the answer tends to be something like “how long is a piece of string?” Honestly, the amount you could receive in compensation depend on the extent of your injuries and damages. For instance, someone who has lost a limb has suffered life-changing injury, therefore they may end up getting a seven figured pay-out. However, someone who has only broken their arm may get less.

Your solicitor can help estimate your losses and come up with a potential figure you could claim for. Make sure to bring as much evidence as you can to your solicitor. This could influence the total compensation amount you could get.

How long will it take to get my compensation?

Again, this depends on the complexity of your case. As you are the victim of a hit and run accident, there is no other party to get compensation from. This means it will take more time to clarify your damages and how much you could be owed. Be patient with your solicitor and make sure to keep track of your time line. Your lawyer would be more than happy to let you know what stage it is at and what needs to happen next to move forward with your claim

Gowing Law Solicitors can help you with your RTA claim!

Whether you have suffered from a hit and run accident or perhaps just a normal car accident, Gowing Law Solicitors are here to help you. We understand what position you are in and want to help you get the compensation that you deserve. We can offer you free advice and remote consultations to get you started. If you are happy with this, and want to work with our solicitors on your case, we can offer our services on a “no win-no fee” basis. That means there will be no hidden fees and you will always come out on top.

Contact us today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our direct messenger on our contact page. Feel free to check your claim with us! One of our team members will then be in contact to help you. They would be more than happy to answer any additional questions you may have.

Learn more about road traffic accident claims

We are proud to have a blog that we keep updated every week with new content. Make sure to keep an eye on it to see what the latest information about UK law is! If you cannot find what you are looking for, make sure to let us know! We would be more than happy to write about your suggestions. Send them into info@gowinglaw.co.uk.

We look forward to seeing you in our next blog!

More than one person was hurt in the same work accident. Do we all get the same pay-out?

Posted on September 3, 2020 by Hannah Fletcher - Accidents in Public, Blog, Work Place Accidents

A work accident can have severe consequences for everyone who is involved. Some people may get seriously hurt whilst others may suffer from psychological scarring. Of course, minor incidents may only mean you need to spend a few days off work. But if you and the others in your workplace have suffered from a serious accident, you may find that it you are owed compensation for your injuries

This is where Gowing Law Solicitors can step in to help you. We understand that you may be suffering due to your injuries. That’s why you need an experienced solicitor on your side to get you the compensation that you and your colleagues deserve. All you need to do is get in contact with us as soon as possible to get started on your case. Call 0800 041 8350 today or us the link below to visit our work accident claims page.

If more than one person got hurt, do we all get the same pay-out?

It’s important to understand that every case is different. People sustain different injuries in different accidents. Even if you and another person were part of the same accident, there is a likely chance that you will sustain different injuries. For example, if someone drops a box that is too heavy for them to safely lift, there is potential for it cause someone else injury if it falls on them. In this case, one person would be suffering from a back injury and another could be suffering from a foot or leg injury. Each of these injuries can lead to a different compensation pay-out. This is why it is essential to have a good lawyer in your corner to help you estimate how much you are owed.

Take a look at our example below to get a better understanding of the difference in claims:

Will my work-mates need to pay my compensation if they got me hurt?

If your colleagues got you hurt whilst you were on task, then they will not need to pay your compensation. This is due to a legal term known as “vicarious liability”. Your workmates may have got you hurt but they were acting under the instruction of your manager or employer. That means that it was not their fault that you got hurt. They can only do so much to keep safe if they have not had the appropriate training. Ultimately, you should still be making your claim against your employer rather than your colleagues.

Will I get fired if I try to make a compensation claim?

No, you will not get fired for asking for compensation from your employer. Your employer has taken out employer liability insurance for this reason. That’s why if you get hurt then you need to inform them of your injuries. Keep in mind that this will be kept completely confidential between you and your employer. If they do try to fire you, and it is completely unreasonable, you could ask for an employer tribunal to be brought against them. So, don’t worry, you will not be financially damaged and there will be ways to protect you. Just make sure that you have suffered from legitimate damages before you make a claim. If you are found to be lying about what happened then you may need to pay damages to the company or just lose out on your compensation. Being open and honest always gets the best results.

How is pay-out determined for a work accident?

When you get compensation, you normally assume that it will be a high figure and will be able to pay for all your expenses over the next few months. But honestly, compensation is not that simple. Instead, compensation is determined on the extent of your losses, the negligence of your employer and how bad your injuries you are. If you have only suffered from minor injuries then you may not be able to get a big pay-out. Instead, if you have suffered from life-changing wounds then you could expect a lot in compensation for your wounds.

Even if you and your colleagues have got hurt in the same accident, your injuries may be completely different. That means that you will be owed different pay-outs for your wounds.

What can I claim for in work accident compensation?

Now that you understand that all of you will get different types of pay-outs for your accident, you also need to consider what you can actually claim for. Damages fall under two categories. These are known as “general damages” and “special damages”. General damages account for your pain and suffering. Special damages are for your financial losses. Overall, you can claim for the following damages:

Physical injuries
Emotional trauma
Financial losses
Loss of opportunity (i.e. promotions)
Broken Equipment
Medical damages

If you have suffered from any of these damages, you could claim for compensation. This is because your employer has broken their duty of care towards you and your colleagues. They are at fault for your damages, therefore they need to pay for them.

Can my colleagues claim if I get hurt but they don’t?

This is where a compensation claim can get complicated. If you have got hurt but your colleagues haven’t, they still may able to claim compensation for emotional damages. However, to do this they will need to fall under certain circumstances. For instance, they will need to have witnessed the accident or have a close connection to you (i.e. a loved one or family member). Make sure to consult a solicitor for more information about what you could claim for. It is unlikely that if you have not been hurt then you may not be able to claim compensation. Whether you get a pay-out entirely depends on the circumstances of your accident.

What should I do if my employer refuses to accept responsibility for the accident?

Some work accident compensation cases can be more complicated than others. If you are lucky, the workplace or your employer will accept responsibility and be happy to pay you compensation for your injuries. In this case, you can sit down your solicitor and decide on an amount.

However, in some cases you may find that your employer refuses to accept that they were responsible for your injuries. This can mean that they ultimately refuse to give you compensation. If this does happen then you need to seek out legal counsel as quickly as possible. From there, you can collect evidence and send copies of the evidence to your employer. You may also want to send a rough figure of how much you want to ask for compensation. If they refuse to do this and also work with you to create a settlement agreement, you and your solicitor need to take your case to court.

In court, the amount you receive as compensation will be decided by a judge. Make sure to have enough evidence to show that you were the victim of your employer negligence. This will help you receive a bigger pay-out once the decision is made by your judge.

How long will it take to get a successful work accident claim?

This is the type of question that depends on the type of accident claim you have. If it is complicated then it will take more than a few months. Make sure to speak to your solicitor about a potential time-line. This can help you keep on track for your court date. You can also ask your solicitor to represent you in court if you are feeling nervous about facing your employer. They would be more than happy to do that and keep you updated.

Gowing Law Solicitors can help you with your work accident compensation claim

Here at Gowing Law Solicitors, we endeavour to provide legal counsel and advice to claimants all over the UK. If you have been recently involved in an accident at work, you may be entitled to thousands in compensation. Our solicitors can give you free advice and consultations to get you started. These can all be undertaken remotely. If you are happy to work with our lawyers, we would be more than to offer our services on a “no win-no fee” basis. This means that you will always come out on top as there will never be any hidden fees to pay.

Contact us today by calling 0800 041 8350, email info@gowinglaw.co.uk or contact us directly via our instant messenger. Check your claim and then our friendly team will be in contact with you as quickly as possible. We would be more than happy to answer any additional questions you may have.

Are you a victim of botched surgery?

Posted on September 1, 2020 by Hannah Fletcher - Blog, Cosmetic Claims, Uncategorised

Botched cosmetic surgery can leave you feeling embarrassed about your physical appearance, to the extent where you may not even want to leave your house. As sponsors of the TV show “Botched”, Gowing Law Solicitors completely understands the impact that these treatments can have on claimants. Inexperienced cosmetic surgeons can leave you with unsightly scars or internal damage that can make your daily life a struggle. That’s why it’s time for you to get compensation for your losses.

You may be taking time off work to recover from the treatment, but as you recover you probably don’t want the stress of a legal battle looming over your head. That’s why you should seek the aid of a cosmetic injury claims specialist. They can help you understand the exact amount of compensation that you are owed and will make sure that your evidence is fully organized. All you need to do is get in contact with our solicitors today by ringing up 0800 041 8350!

What is botched surgery?

As you can see from our commercial, we have a lot of experience when it comes to botched surgery claims. When people undertake cosmetic surgery, it is usually to feel better about their body or to sort out some form of trauma that has happened to the skin through scars. Cosmetic surgeons have a duty to their patients, known as a ”duty of care”, to help them:

Understand the procedure.
Clarify any risks of the procedure.
Figure out if any products could cause any “rejections” or reactions.

If the surgeon fails to provide this sort of assistance then they can be seen as “negligent”, especially if the surgery goes wrong. With a botched surgery that is not due to a genuine mistake, the patient could be left with unsightly tissue damage, interior damages or future ailments that continue to get worse. If these sort of damages have a negative effect on the patient’s life, or make daily tasks harder than they need to be, they could claim compensation for the doctor’s negligence. The surgeon had a duty of care to keep them safe. However, as they are “at fault” for the injuries, they (or the healthcare provider that represents them) need to compensate you for your losses.

Keep in mind that your surgeon should be asking you about your medical history and whether or not you are allergic to any medicine or products that they use. They should also ask about whether or not you suffer from any chronic conditions or if you have had bad reactions to surgeries in the past. That way they can get a good idea of the risks involved in your treatment. They can then make you prepared for what is ahead if you proceed with surgery.

What sort of treatments make me eligible for a cosmetic surgery claim?

If you are going to make a botched cosmetic surgery claim, you have to realize that it does not matter what type of surgery you have had. Your surgeon has not provided you with satisfactory treatment, worse still they have made you suffer from a physical injury that has worsened your quality of life. That means you are eligible to pursue a compensation claim. However, if you do need examples of some surgery treatments you could claim for, please see them below:

With all of these types of surgeries, they come with their risks that could potentially get you injured. Your doctor should be keeping you informed of all of the risks and should give you a contract to sign and accept that you understand exactly what your surgery will entail. If you get hurt due to their negligence, this could mean that you could claim compensation.

How could I get hurt from botched cosmetic surgery?

Of course, cosmetic surgery comes in many forms. It may be a treatment that is as simple as a dermal filler or it may be a large skin graft. There are more risks that come with larger surgeries, however this doesn’t mean you can’t get hurt with small procedures. Injuries may come from:

Operations on the wrong part of the body
Allergic reactions
Leaving medical equipment inside of the body
A surgery complication like Hematoma
Blood loss complication
Fluid-build up

These are only a few of the problems that could happen due to negligence. Either way, if you have been left with injuries – physical, emotional and financial damages – then you could be owed compensation for your losses. It will be up to your surgeon to use their insurance to have them paid. They may also be under a compensation scheme, like the NHS’s complaints procedure.

What sort of damages can I claim for?

When it comes to damages, you need to understand that to make a claim you need to have a physical injury, aka. some form of general damages. From there, you can think about claiming for special damages.

To be quite blunt, there are many different types of damages that you can claim. These fall under:

Physical Injuries
Emotional Damages
Financial Costs
Loss of opportunity
Broken Equipment

Make sure to keep an eye on your losses and document them down as you collect evidence. This can help you strengthen your claim when you take it to be looked at by a cosmetic surgery solicitor.

What should I do if I am the victim of botched cosmetic surgery?

If you have been suffering due to injuries from a botched surgery, you may be feeling vulnerable and unsure of who to turn to. Not only that, but you may actually be feeling a little embarrassed about your facial appearance. That is why it is essential that you get in touch with a solicitor as quickly as possible. Your wounds may get worse or you may lose out on finding evidence to support your case. That’s why you need to get started as quickly as possible on your claim.

Once you have got in touch with a lawyer, you will need to work together in order to gather up evidence to support your claim. Without any evidence your claim will be no more than a case of “he said-she said”. Your evidence will need to prove that the medical professional who worked on your treatment was negligent and caused you to get hurt

Your evidence may include:

Photographs of your injuries
Videos of your injuries
CCTV footage
Police Reports
Receipts of financial losses
Witness testimonies
Diary Entries
Medical reports

Obviously, some of these are going to be easier to get your hands on than others. Once you have collected your evidence then you can start to pair it together with your losses. This can back up your claims and make sure that you get the biggest pay-out possible.

What should I do If my surgeon refuses to acknowledge liability?

Honestly, some cases are going to be more complicated than others. Most of the time, it will be that the surgeon admits fault and you will be able to decide on a pay-out amount together to compensate you for your losses. However, there will be times when things get a little more complicated. After all, your surgeon or medical practitioner may completely refuse to accept that they were at fault for your accident.

If this does happen then you will need to work with your solicitor to provide evidence to change their mind. You can provide them with copies of your medical reports and other forms of evidence to start with. You can also require a settlement agreement sit-down where you discuss the amount you want for compensation. If they still refuse then you will need to be prepared for your cosmetic surgery claim to go to court. Your lawyer can help guide you through the court proceedings until a judge decides on whether or not you are owed a pay-out.

Will I definitely need to go to court to win my compensation claim?

It is very unlikely that presently you will be asked to go to court in order to get your compensation claim. After all, with the backup of court cases due to Covid-19, it is more important than ever to have a solicitor working with you on your case. If you do not want to go court, your solicitor can represent you instead and keep you updated on what the outcome of the session is. In most cases though, you will not need to go to court to decide on a pay-out. It will be settled outside of the court system through a settlement agreement.

How much could I be owed for a cosmetic surgery compensation claim?

Now, when our cosmetic surgery solicitors are asked this type of questions, the answer tends to be something that resembles “how long is a piece of string?” The type of pay-out you get for your compensation claim depends entirely on the extent of your injuries and how bad your damages have been. For instance, if you suffered life-changing injuries due to a botched surgery, as well as emotional damages due to the embarrassment and trauma of the incident, you may end up getting more compensation than someone who experienced a few side-effects from the wrong medication.

Speak to your solicitor if you want to get an estimate of the amount of compensation you could get as a pay-out. They can tally up your losses and make an estimate. This can help you if you are trying to decide on a settlement fee.

How long do I have to make a cosmetic negligence claim?

You will have 3 years from the time of your accident. Make sure to get in touch with a solicitor as quickly as possible. That way you can give them the maximum amount of time needed to gather your evidence, put a case together and help you get the compensation that you deserve. Be patient and feel free to keep asking them for updates.

Gowing Law Solicitors can help you with your botched cosmetic surgery claim

Here at Gowing Law, we pride ourselves on our expertise when it comes to cosmetic liability claims. That’s why we are more than ready to help you get a compensation pay-out. This way you can make sure that you can get what is owed to you for your damages. Our specialists are extremely kind and will listen to you about your case. You can come to them for free advice or consultations about your case. These can all be done remotely. If you decide that you are happy with our services, we can work with you on a “no win-no fee” basis. That means you will always come out on top and you will not be asked to pay any hidden fees.

If you are ready to work with us, you can contact Gowing Law Solicitors at 0800 041 8350, info@gowinglaw.co.uk or even use our direct messenger located on our contact page. We would also like to urge you to try out our new claims checker page.

Mis-Sold SIPPs: Five of the worst SIPP schemes you may have invested in

Posted on September 1, 2020 by Hannah Fletcher - Blog, SIPPs, Uncategorised

Mis-sold SIPPs can truly devastate the funds of any pension holder. You have spent years building up a nest egg from years of work. However, you may have been encouraged to invest it in some sort of scheme that was of higher risk than you realized. When that happens, you may find that the investment that you originally placed your money in simply vanishes. You don’t want to be left in a stressful predicament where you don’t have enough money to support yourself. That is not fair or right. This is why Gowing Law Solicitors are here to help you get the compensation that you deserve. We know all of the red flags of a mis-sold SIPP and have helped customers of a number of unregulated SIPPs before. That’s why we are going to talk about them in this blog today.

If you have invested in any of the SIPPs mentioned above, we can help you get a pay-out for it being mis-sold to you in the first place. Check out our SIPPs page for more information:

What is a SIPP scheme?

When you retire, you may be considering the options you have to increase the amount of income you get per week. Most people will start off with either a work-place pension or perhaps a UK state pension. However, this may not be enough to get the pension-holder through the month. This is where SIPPs come in. SIPP stands for ”self-invested personal pension”. These schemes give the pension holder more freedom to grow and expand upon their own pension fund. Investments may include property, bonds and commercial schemes. You will need to decide for yourself the level of risk you are willing to take when it comes to these investments.

Unfortunately, if you are new to the world of SIPPs, this is where unscrupulous investment advisors may try to take advantage of you. Instead of picking out a scheme that is best for your financial situation, they may instead try to push you into an unregulated SIPP scheme that is likely to be very high risk. Here are some red flags that you should be looking out for when it comes to picking a SIPP scheme:

As you can see, there are a number of ways that you could be fooled into investing in some sort of high-risk SIPP scheme. You may not be able to get your initial investment back, but you could claim compensation for your losses. This is by proving that you were not at fault for the risky investment. Instead, you did not know all of the facts due to your advisor.

Am I eligible to get compensation for mis-sold SIPPs?

Yes! You can get compensation for your mis-sold SIPP. This is by proving that you were not at fault for investing your money into an unregulated SIPP. You see, financial investment advisors need to follow a strict code of conduct from the financial conduct authority. They have got their experience from previous investment assistance and also through chartered qualifications. Therefore, they should understand exactly how to find the perfect SIPP for you and your financial situation.

If they do not present you with all of the information needed to make a reasonable judgement on the scheme, or perhaps pressurize you into make an investment, you could be owed compensation for your losses. After all, you were not aware of the risk, which means that you could not have made an informed decision. You deserve compensation for being mis-sold a SIPP.

Can I really not get my initial investment back?

We understand that this type of financial mis-selling can have severe consequences on some of the most vulnerable people in the UK. Similar to mis-sold pensions, investing in an unregulated SIPP scheme can leave you without much of your savings left. Unfortunately, you cannot get them back as they have been lost with your initial investment. However, that does not mean that you cannot get a high amount of compensation for your losses. A solicitor can help you understand what sort of pay-out you are entitled to and how you can get it.

Can you give me any examples of unregulated SIPP schemes?

Here at Gowing Law, we want to help as many people as possible around the UK. We understand that if you are an elderly person, you may feel like you have been taken advantage of. Your advisor may not have had the experience you thought they had, or perhaps they simply wanted your money. We have already helped people in your position get compensation for their losses from unsavoury SIPP schemes. We would advise you to check out our SIPPs scheme page for more information on different schemes. You may also want to make sure that the scheme you have currently invested in is not listed! For now, take a look below for some examples of mis-sold SIPPs that we have already managed to claim compensation.

1. The Dolphin Trust

The Dolphin Trust, also known as The Germany Property Group (GPG), were a high-risk investment group that initially did quite well. However, as the years passed, fewer and fewer people began to see returns. The Dolphin Trust claimed that there was no risk due to the “First Legal Charge” and that their investment would be returned if they could not adhere to their initial contract. However, no clients actually received their money back.

We have already been able to help people get claim compensation for their investments. Investors were eligible for compensation because:

You were advised to invest in The Dolphin Trust by an unregulated salesman who made a 20% commission on your investment.
Despite having been building for more than 5 years, the buildings that your investment went in to were nowhere near complete.
There was a breach of contract between you and The Dolphin Trust.
The SIPP advisor has been in breach of their “duty of care” as you were given bad financial advice.

2. Harlequin Properties

Harlequin Property was one of the biggest SIPP schemes that tended to be involved with other financial investment scandals. It claimed that it was going to create a number of luxury properties in the Caribbean. However, it soon entered liquidation in October 2019. Out of the 6,000 properties only 30 were built. This meant that a lot of people lost their initial investments and their pensions.

One of the main reasons you could be owed compensation is due to the fact that this SIPP scheme promised investors that they would get a guaranteed 10% return on their initial investment. This is why so many people invested in the first place. However, there were also people who were pressurized into investing. But what people didn’t know was that it was an unregulated scheme. That meant that it was extremely high-risk. So, when it did go bust, people simply lost their money. This is why you could now be owed compensation for your losses. So far, the FSCS has already paid £98 million in compensation. We can help you get the pay-out that you deserve.

3. Berkeley Burke

Unfortunately, there are some SIPPs that are clearly unregulated but refuse to admit that they are fully at fault for the losses of their investors. This is what happened with Berkeley Burke. They started to go against the advice of the FCA and accepted unregulated schemes into their SIPPs. Many people did not realize that their funds or investments had been transferred over to an unregulated third party. Berkeley Burke knew and took an active decision to keep accepting business for these third parties. These third parties may have included:

Store First Investments
Harlequin Investments
Park First Investments
Sustainable Agro Energy Investments
Harmony Bay Investments
SCS Farmland Investments
Green Oil Plantations Investments

Ignoring the advice of the FCA meant that soon most of the investors began to experience bad losses. Soon, Berkeley Burke became illiquid. This is why you should be able to claim compensation from your losses.

4. Liberty SIPP

Another example of a high-risk investment SIPP is known as “Liberty SIPP”. This SIPP has recently gone into administration due to diligence failures. Whilst they claimed it was to protect their creditors and clients, it should not be overlooked that most of the funds for the investments came from the pensions of the UK public. Some people lost a large percentage of their pension pot because of their SIPP. Most people assumed that there was less risk than there actually was with this SIPP, whilst others were unaware of the extent that this SIPP could damage their pension fund.

Although, Liberty Sipps claimed that they were not liable for the losses made by clients, the Financial Ombudsmen Service did claim that the company was responsible for providing the best deals possible. This is why the company is now in administration and you could be owed compensation for your losses.

5. Pointon York SIPP Solutions

Pointon York SIPP is an example of a pension scheme that may have been pushed on you due to an inappropriate non-standard investor. You may have been told by an independent advisor to put your work pension in a Pointon York SIPP, to increase the amount that you would get overall. However, due to customer negligence and non-regulated investments, the company went into liquidation in 2018. Most customers did not realize that Pointon York was a high-risk SIPP. That’s why they simply lost their money when the company was shut down. If you were one of these victims, you could be owed compensation.

If you think you have been mis-sold a SIPP from Pointon York, it is most likely due to:

Being pressurised by a financial advisor
Being advised to move your pension from a work-place pension into a SIPP

If this has happened to you then Gowing Law Solicitors can help you with your claim. All you need to do is let us know what has happened and we can let you know some advice about how you could move forward to get your compensation.

What should I do if I am a victim of mis-sold SIPPs?

If you have lost money due to a mis-sold SIPP scheme, it is your right to claim compensation from the FCA, especially if the company has already gone into liquidation. Gowing Law Solicitors can help you get your compensation. Our specialist financial mis-selling lawyers can answer any questions you may have and can help you fill out any tricky paperwork. They can also help you establish your evidence so you can prove that you were genuinely mis-sold. For instance, if you were not asked to sign a contract and instead were just pressurized into investing, you can show that your financial advisor provided you with bad financial advice. You need to prove that you were not at fault for your losses. That’s why you can claim compensation.

Gowing Law Solicitors is here to help you with your mis-sold SIPP.

Here at Gowing Law Solicitors, we understand that it can be overwhelming when you lose your investment due to a mis-sold SIPP. That’s why our specialist financial mis-selling lawyers are here to help you get the pay-out you deserve. We can provide you with expert advice and consultations to get you started. If you are happy to work with us, we can offer you our services on a “no win-no fee” basis. That means you will not be asked to pay any hidden fees and will always come out on top.

To get started, please call 0800 041 8350, email info@gowinglaw.co.uk or use our direct messenger located on our contact page. Feel free to check your claim with us. One of our team members will get in contact with you as quickly as possible.

Want to learn more about mis-sold Sipps?

Make sue to keep an eye on our blog for the latest information about Mis-sold SIPPs and pensions. We keep it updated with new articles every week. If you cannot find the article that you want to read, why not send in your suggestions? We would be more than happy to write about them. Send in your questions to info@gowinglaw.co.uk.

We look forward to seeing you in our next blog.

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