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No Win, No Fee - UK Law

If you decide to make a personal injury claim in the UK and Wales (Scottish law has varied slightly in recent times), it should always involve no fees to the person who has received the accident injury as all costs are covered by the third party, should the personal injury claim be successful.

If your accident injury claim is not successful, in most cases our firms solicitors will have already agreed to a no win no fee arrangement with the person making the claim.

Sometimes there is a legal insurance policy, but this depends on the firms own standards of practice. You will be fully consulted on this requirement, if it arises, prior to the firm taking on the case. This is defined by the law society and the practice must be followed by the firm who contacts you.

Not all personal injury claims can have this no fees arrangement, but these are usually only injuries that have occurred from medical negligence, which are very time consuming and lengthy compensation claims, where many additional medical experts are required and are regarded as speculative.

The situation is the same in criminal injury claims and Scottish claims. Accidents which are occur in Scotland are also subject to 'injury solicitor fees' though these are only applied if the claim is successful.

Always check and get written confirmation from the injury lawyer you have chosen to help you with your accidents claim.

Injured at Work – A Breach of Duty

All employers have a responsibility to safeguard their employees in the workplace. This is known as a 'duty of care', and involves a statutory obligation to look after your welfare.

Many of these laws are laid out in the Health and Safety at Work Act 1974, which amongst other things requires an employer to ensure:-

• The premises is safe;
• Equipment/machinery is appropriate and well maintained;
• The correct training and supervision is provided;
• Exposure to harmful substances (such as chemicals) is controlled;
• Competent staff are employed;
• Regular risk assessments are carried out;
• There are first aid facilities available.

Should an employer fail to comply with these responsibilities, they have breached their duty of care.