As of April 3rd this year the way in which people can make a claim for personal injury is set to fundamentally change, and those who have a claim to make should make sure they understand the implications of the changes.

Put simply, the new guidelines make it a regulatory offence to pay or receive referral fees in personal injury cases. This ban applies to all companies which could be involved in the process of making a claim, including solicitors, and a breach of the ban leaves people open to regulatory action by the Solicitors Regulation Authority (SRA), Financial Services Authority (FSA), the Bar Council and the Claims Management Regulator.

Why is the ban being introduced?
When claims management companies pass on cases to solicitors they are currently awarded a fee, regardless of the success of a case. This has led to cases which have no merit or chance of success being passed on just so a fee can be made, allowing unscrupulous firms to make money.

There is a concern that the UK is following in the footsteps of the US with a “claims culture” under which people feel entitled to make money for even the most insignificant injuries, and where claims companies push forward with cases which they know have no real grounds. While this is often not the case, and those seriously injured have a genuine claim to make and a real need for a payout to maintain their quality of life, anyone making a claim could be affected by the legislation changes.

What about my claim?
If your claim is already ongoing then the ban will not apply to your case. If you have a compensation claim to make it is strongly recommended that you pursue it as soon as possible before April 3rd. The full impact of the ban is yet to be seen but it is likely that it will lead to a drastic reduction in the number of personal injury compensation claims made.

Making a claim before and after the changes – the difference

Example case – claiming before April
A man was injured at work and the accident was the fault of his employer. His injuries were valued at £6,000. After making a no win no fee claim he was awarded the full amount and his solicitor recovered legal costs and his insurance premium from the man’s workplace.

Example case – claiming after April
Under the new legislation the man would still be awarded the same compensation amount – £6,000. However, his solicitor would not be able to recover some legal costs and disbursements and would instead have to take them from the payout. A maximum of 25 per cent can be taken, so the compensation amount could fall to £4,500.

Contact Alkers Solicitors
For more details about the regulatory changes and more legal advice on making a claim call Alkers Solicitors today. Despite the new changes we plan to continue with our 100% compensation promise despite the new changes in April. To find out more call our friendly legal team on 0800 00 55 44 today.

Disclaimer: The 100% compensation offer will apply only to claimants who apply through our website.

A construction safety event was held last month after figures found by the Health and Safety Executive (HSE) revealed that, on average, a worker is killed or suffers a major injury on building sites in Lancashire every four days.

The statistics released by the HSE showed eight deaths and 415 major injuries were reported in Lancashire over the past five years between 2006/7 and 2010/11.

As many as 250 construction workers, who were either self-employed or own small firms, were invited to attend the one-off safety event at Park Hall Hotel and Leisure Club in Charnock Richard last month in an attempt to reduce the number of causalities in the county.

The event was organised by the Working Well Together initiative – a partnership between HSE and the construction industry – which aims to improve health and safety in the working sector. Each class covered a wide range of work accident areas including the dangers of asbestos, working at height, respiratory risks and temporary work.

Specialists from the construction industry and HSE were on hand throughout the day to answer questions, raise awareness and give practical advice to workers and employers on how to avoid the dangers.

Speaking on behalf of the HSE, Principal Inspector for Construction in Lancashire stated, “It’s an alarming statistic that there are almost two incidents of death or major injury reported on Lancashire’s construction sites every week.

“There are so many simple and straightforward precautions firms could be taking to reduce from asbestos, falls, dust and other dangers on building sites.”

Employees with legitimate compensation claims may find it more difficult to secure payouts due to changes to legislation, it has been warned.

Changes to health and safety rules and legislation now mean those employees putting forward a claim for compensation have to prove that their employer was directly responsible for their accident. The new tougher rules are designed to stamp out spurious claims, but some fear it could lead to fewer rights for those who have been genuinely injured and need compensation to maintain a quality of life.

The removal of the strict liability clause in current health and safety regulations – which states that employers are liable for any incident if health and safety rules have been breached – is designed to give “important reassurance to employers that they will be liable to pay compensation only when it can be proved that they have been negligent”, according to Conservative minister Matthew Hancock.

However, vice-chairman of the Personal Injuries Bar Association Andrew Ritchie QC, said the changes to the bill are “turning the clock back”.

Explaining his view he said: “Claims arising out of defective work equipment, including those by members of the armed forces, are obvious examples where an injured employee may face an all but impossible evidential burden. All of the relevant information will be in the employer’s possession, not the employee’s. That is why strict liability was imposed. The employer will be in control of the maintenance logs, the purchase receipts, and the machine itself. For the weeks after the accident the injured claimant will be lying in hospital. If the employer gets on and mends the machine, the evidence will be destroyed.”

In conclusion he claimed that employees in this specific situation would be forced to “have an engineer examine the machine to prove that the employer was at fault for letting the machine break down”.

The new bill will go through its second reading in the House of Lords this Wednesday (November 14th) and is expected to come up against opposition.

Personal injury compensation has been awarded to a former police officer in the West Midlands after he claimed he received no back-up from colleagues as he made an arrest, which led to him sustaining a serious injury.

According to reports from the Birmingham Mail, Richard Gardner received £12,933 in total after telling Birmingham Employment Tribunal he was forced to miss work for months following a clash with a suspect in the middle of a hostile crowd of people.

He damaged his knees and back as he fell to the pavement and subsequently required several operations.

However, Mr Gardner asserted he received no help from police colleagues at the time of the arrest, and that the force failed to make adjustments for his injuries when he eventually returned to work.

The ex-officer, who received two commendations during his time with the police, also stated his belief that he would have eventually become a sergeant had he not injured himself.

At the tribunal, judge David Kearsely said Mr Gardner had a “permanent disability” and that he would have been able to work for 20 hours a week until he was 60 if the police made appropriate adjustments following his injuries.

The news source noted the £12,933 personal injury compensation accounted for loss of earnings due to his injuries, hurt feelings and interest dating back to 2008.

Further compensation could still be claimed over future loss of earnings and health insurance.

West Midlands Police have appealed the decision of the employment tribunal.