Author Topic: Radical Changes to Accident at work Claims  (Read 2293 times)

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Agustin

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Radical Changes to Accident at work Claims
« on: March 14, 2013, 06:28:02 AM »
Employees may potentially be prevented from making personal injury claims against their employers shortly. New protocols are due to be implemented from the end of July which will affect anyone unfortunate enough to have an accident at work.
Historically, claimants have had freedom of choice in a competitive personal injury market. Vast changes seem likely to reverse the status quo with the only beneficiaries being the increasingly profitable insurance companies.

The Insurance Companies beg to differ. Their stance seems to one of concern for purchasers of insurance. Paul Evans Chief Executive of AXA Insurance posted his views on twitter. He refers to solicitors costs as “obscene,” and states that the imminent changes will “lead to lower premiums.”

Interestingly it is the legal profession, not the insurance sector who are facing hardship in the near future. Steve Cornforth, former president of the Liverpool Law Society stated that; “A large number of firms will not be able to continue in business. Others will have no alternative but to do the work as cheaply as possible with inevitable effects on quality.”
Despite the far reaching consequences the portal scheme is being expanded to include employers’ liability, public liability and motor personal injury claims up to £25,000.00. Costs will be fixed at £900.00 where the claimant in an accident at work case chooses to settle prior to issue of court proceedings at between £1000.00 and £10,000.00. Costs will be fixed at £1,600.00 where the claimant in an injured at work case chooses to settle prior to issue of court proceedings at between £10,001 and £25,000.00.
Only non-compliance by a third party insurer will allow claimant’s legal representatives to rely on hourly rates. JLT Group, risk management advisors to Insurance providers have warned insurance providers on their website that non-compliance will result in costs of ten times this amount.

How does this focus on costs sit with the solicitor’s duty to their client, and furthermore affect a claimant’s access to justice?
At Clearwater Solicitors LLP in Burnley we pride ourselves on high standards of client care. We provide a first class service to people who through no fault of their own have been injured in the workplace.

Nevertheless many other firms who have not taken adequate measures to prepare for change will simply have to turn away vulnerable people who need their help. They will simply not have the resources to take on accident at work cases where there is any risk involved.

Firms who take the risk face consequences from clients who ultimately have the right to complain to the Law Society if client care is less than excellent.

At Clearwater Solicitors LLP in Burnley we know how much research and preparation is involved in an workplace accident case. These standards will not be lowered simply because of financial pressures.

Many claimants represented by other firms face substandard work undertaken by unqualified staff.
However we will not lower our standards and every client is guaranteed an excellent professional service.

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