Not all accidents are compensatable. Generally to succeed with a personal injury claim there must be a party at fault for the accident in question.
Employers often argue that the primary cause of a work accident is something beyond anyone’s control, for example severe weather conditions, for which they cannot be held responsible. However that is not always the case. Employers have a general duty to take reasonable care for the safety of employees. Employers are obliged to carry out a suitable and sufficient assessment of risks to employees in their undertaking.
Employers should reduce risk of hazardous weather to workers' safety
Accordingly, if an employer knows that a worker’s safety may be at risk due to hazardous weather then any reasonable employer should consider ways of reducing that risk. That may mean suspending a particular task until the weather improves and the risk is reduced.
However some jobs cannot be avoided or postponed, particularly those involving provision of essential services. In that event then the law still requires a reasonable employer to consider reducing the risk of injury to workers as a result of adverse weather conditions by other means such as, for example, the provision of suitable work equipment or personal protective equipment. Reasonable precautions may include the provision of winter tyres for vehicles, warm or high visibility clothing, walking poles, or the provision of crampons or snow spikes for those required to work in icy and slippery conditions.
Digby Brown Solicitors helped woman injured at work due to winter weather
Digby Brown's personal injury solicitors recently won a major ruling on workplace safety. A home care worker from Glasgow was injured making her way to the home of a terminally ill client after she slipped on an icy path. We argued successfully that her employer should have provided adequate foot wear and by not doing so, they breached safety regulations and the common law duty of care.
No win no fee personal injury solicitors
The expression “No Win – No Fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
For further information about no win no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
If you have sustained loss and injury at work as a result of dangerous weather conditions then speak to us today by phone or fill in our brief enquiry form. Do not assume that the cause of such work accidents is an “Act of God” and that no legal remedy is available.
What our clients say about us
We put our clients at the centre of everything we do and are committed to providing the very best service. The hundreds of five star reviews we have received on Trustpilot is a reflection of this approach.
based on 1,615 reviews
Great service from start to finish, Ryan(Kirkcaldy...Connor -
I highly recommend Digby brown solicitors in Kirkc...K Shannon -
I cannot fault the service given to me by my solic...Mr R Wallace -
Craig Brown at DB Dundee was amazing throughout th...Catrina Lake -
a few months after my accident I took the advice o...Stuart Roy -
I have just received my claim from Digby brown in ...Darren Mcguire -
Excellent service!!! Had accident at work and Digb...Patryk -
Great solicitors, Louise dealt with my claim and w...Scott Nimmo -
I recently had a successful personal injury claim ...David Higgins -
Couldn't of had a better experience. If you can ge...Mark Murphy -
Jennifer and Didby Brown were very helpful. They g...Derek -
From start to finish Digby Brown were right behind...Trevor -