Choosing a solicitor after an accident at work in Scotland

Friday 30th October 2026

Suffering an injury at work has the potential to completely turn your life upside down, especially if you find yourself in a position where you need to balance your recovery with sudden financial pressures.

Such stresses can lead to feelings of being overwhelmed and in these circumstances many workers might look to their union for support in the hope they can ease that stress.

But how do you know if the lawyer your union provides is really going to secure you the best help and outcome?

This guide will help you understand what to look for when you’re at a point of seeking legal advice – and no, you don’t have to accept your union lawyer.

What should you look for in an accident at work solicitor?

Knowing what to look for in a solicitor can help you find the person that is the best to handle your claim and help you to compare your options.

Experience and expertise

Each personal injury claim is different and some cases can be complex. This makes it even more important to choose a solicitor who has experience handling similar cases and ask about their knowledge of that particular area.

At Digby Brown, our solicitors have experience in many areas of personal injury law including accidents at work. We understand how challenging these claims can be and use our expertise to explain the options you have and guide you through the process.

Garry Race was involved in a three-car crash while at work. The 35-year-old reached out to the lawyers his union had in place but was left feeling like he was being passed from pillar to post. His neighbour recommended he get in touch with Digby Brown after a negative experience with his union’s solicitors.

Gail McGinn, from our Edinburgh office worked his case and secured him £6000 – over three times the original offer.

Funding and transparency

When you’re already dealing with an injury, uncertainty about legal costs can add to the worry. A solicitor should clearly explain how your claim would be funded, any costs you might have to pay and any deductions from your compensation. If you have legal support through your union, find out exactly what this covers so you can make an informed decision.

Digby Brown offer a ‘no win, no fee’ model which provides you with no financial risk. We have our own funding company, Compensate, who provides funding for the case to be fully investigated. If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.

Clear communication

It is important that the solicitor handling your claim creates a clear and honest line of communication. Throughout the entire claims process, you should be aware of what is happening and should not be kept in the dark at any stage.

At Digby Brown, we focus on communicating clearly with our clients to make sure they feel supported and that the process is as stress-free as possible. We make sure our clients receive updates on the claim and have all questions answered.

Can you choose your own solicitor if your union offers legal support?

While your trade union may offer support or guidance, it is entirely optional to use the legal support they offer.

You should ask questions to know if the union’s solicitors are right for you, such as:

Who will handle my case?
Do you specialise in personal injury for my sector?
Am I protected from costs if we lose?

These questions will give you insight into whether they are the best people to handle your claim. You have the right to choose your own solicitor for a personal injury claim, rather than use the legal service recommended by your union.

What should you ask before choosing a lawyer?

Deciding who will handle your claim can be difficult so it is worth asking the important questions before moving ahead to make sure you understand their approach and experience. Some questions you could ask are:

What firm will handle my claim?
Do they have jurisdiction?
Does the union lawyer have the resources to raise a court action so my case is not under-settled?
What experience do they have with cases like mine?
How will you keep me updated?
Can you advise on access to treatment or rehabilitation?

What if I already have a solicitor for my personal injury claim?

If you already have a solicitor to represent your personal injury claim, you may think that you are committed to stay with them. However, if you have any concerns about the service you are receiving or wish to explore your options then it may be useful to seek further advice.

Choosing the right lawyers for your work accident claim can make all the difference to your chances of successfully securing compensation and being awarded the correct level of compensation for your injuries.

You deserve the best support possible to help you through your claim. Digby Brown has a dedicated team of personal injury lawyers who specialise in accidents at work.