A Question of Plausibility
What is it really that moves the courts to determine whether or not accident at work claims are valid? For surely, being the bastion of logic and rationality, they do not just rely on mere feeling to decide cases. The answer is plausibility. Simply speaking, the courts make up their minds as to the merits of a claim by asking how close to the actual facts of the case is the version being stated by the claimant and the defendant. That is the root, the cornerstone. If we were to reduce the entire complex process of judicial interpretation in one line, we would say that it was the final product of a metaphysical tug-of-war between credibility and impossibility.

To win your claim, therefore, you should strengthen that side of your argument which deals mainly with establishing the plausibility of your story, and reserve for the end that part which attacks the character of the defendant, whether overtly or subtly. By showing the courts how easy to believe your story is, and by only adding so much criticism of the defendant’s character, what you are in fact doing is to prove by your own example. You are in effect telling them that you trust the truth to win your claim.

Ad Hominem Fallacies
Some people demanding accident at work claims disbelieve that ad hominem attacks against their employers are fallacious. For them, proving that their employers were irresponsible and careless even before the accident occurred is one positive point that should be taken in these claimants’ side. A person, they say, who can be proved to be habituated to a certain vice is highly suspect of committing an injurious act in which that certain vice was indeed evident. It does not take a genius to see that there exists, even prior to any legal investigation, that there is a high probability that a broken vase and a clumsy person had some destructive relation.

The answer to these charges, in fact the answer to all character smearing, is the fact that people change. Of course a person who was known to have been expressive of a certain attitude can be expected to continue expressing that same attitude in the near future. The psychological induction which we every day apply regarding others is almost always right. But the human soul and the human mind, unlike objects which can be reduced to laws by induction, are never in stasis. Who can say that a person will not choose to stop acting in a vicious manner starting tomorrow, even if he has done so today? Character assassination is thus untenable. It disregards the unlikely but possible shift in attitudes even by people with low morals.

Service – this is the word that describes their work. Occupations that render their skills and expertise are hired to take a job to carry out a specific task.

Take the case of medical negligence solicitors who are assigned to provide legal assistance to victims of personal injury. They are chosen to represent their client in a case which they specialised.  A victim of a medical negligence was unfairly treated by a doctor. This doctor is expected to act professionally. Sadly, he was the cause of the pain and suffering experienced by an innocent person. Although it’s seems hard to trust another professional, the victim tried to entrust his legal concern to the solicitor. Hoping to get compensated for the harm he suffered. Good thing that the counsel was very professional in every way. At last, he was duly compensated. Thanks to the kindness and support of the solicitors.

Another admirable occupation is a social worker. It is one of the jobs that are so stressful yet when you look at them, they find joy and fulfillment whenever they help an individual finds shelter and family. Some may stay with them for a short period while some others leave. The service provided by social workers is admirable. They are an inspiration to many.

A teacher is one profession that is fueled by passion. It’s a passion to teach and instill new things that will shape the life of a child. Wow! That’s admirable! 

Nurses are hardworking people. From sun up to sun down, they serves as angels to the patients. They take care of ailing patients whose movements are limited. They are the hands and feet of a patient. They work diligently to avoid the patient from stress.

Architects are hired because of their intelligence in designing and coming up with a stylish and yet functional buildings and residences. Their artistry is mastered with years of study and experience. 

Each one is important in his own chosen field. They bloom and flourish in their careers. All because of passion. Passion to serve and help. Now, that’s really admirable.

Integrity and Jurisprudence
Perhaps a worse thing to do than to disobey the law is to abuse it. In claiming accident compensation, for example, it may be a worse crime to force your lawyer to look for loopholes in the law to accommodate your situation than to merely admit that your case does not have enough of a basis and should be dismissed. In other words, an honorable defeat is better than a qualified victory.

If this is true for claimants, then so much so for judges, the men who are constitutionally mandated to uphold the law. Unfortunately, some of them can be seen to be abusers of the law as well. Instead of looking for loopholes to accommodate a specific side, however, they do so in order to mask inherent and dark prejudices. That is to say, they abuse the law by using it as a mere varnish to cover up their most irrational stances.

This is infinitely worse than being remiss in studying the facts of the case altogether. The reason why is that it makes what is irrational appear as rational. It compounds bigotry with deceit. In the first case, pure and sheer indolence can account for the lack of action. In the other case, it is not indolence, but consistent activity, though aimed at the wrong end.

Double Standards
A way to abuse the law is by applying double standards when claiming accident compensation. By flitting between two hermeneutic traditions, the literal and the dispensational, depending on which approach will better serve our interests is really the highest proof of depravity and untrustworthiness.

These two traditions, if ever we want ourselves to be perceived as honest pleaders, must be kept separate as much as possible, if only because their governing attitudes towards the law is antagonistic. According to the first tradition, the law must be taken as it is, leaving little room for the imagination to supply an ultimate meaning or value or goal. The letter of the law has more authority than its spirit primarily because it is safer to follow that which many people can obviously see than that which they cannot. The spirit of the law, according to this view, if it really has any, is too dangerous a guide to follow because any judge who has enough training in logic and jurisprudence and pervert these sciences and take every law they encounter to mean whatever their prejudices dispose them to feel. The other tradition, on the other hand, balks at the literalist tradition because it reduces us to unintelligent obedience to the law. It arguers that more than simply reading what the law states, we should study what it means. Just because some judges can abuse this privilege should not mean that it should be abandoned altogether. Just because some people put poison in the food they cook should not mean that the whole science of cookery should be abandoned.

Combining these two fields to suit our purposes is a grave transgression, futile, and mendacious.

Irony and the Like
Rhetoric is an invaluable tool in persuasion. Devised by ancient philosophers as a way to control the unruly mob they encountered when pleading for public or private causes, this field introduces students to the considerations that surround the construction of arguments, the positioning of points, the elements of style, the techniques of elocution, and the art of memorization. A master in this field, a rhetorician, is someone who can invent arguments quickly, marshal them according to his audience’s disposition, clothes them with figures of speech and schemes, and delivers them with the attitude he needs to project, assisted only by a smattering of notes. If your lawyer has these qualities, then you can rely on him to win your cases, for example, your whiplash accident claim.

A good subject included in the study of Rhetoric as well involves the invention and application of jests. Many claimants, unaware that the courts do not merely encourage but positively demand respect, find out too late that jokes, witticisms, obscenities, and ironical statements are unwelcome and can even be a cause for being held in contempt. Although these techniques are effective outside the courts, particularly in our mass media, they are taboo in formal settings, such as courtly proceedings. If you have used them before to escape conflict, you cannot use them here because it will only worsen your position.

Examples of Parallelism
What is parallelism? In language studies, it is the orderly positioning of coordinate grammatical elements. Thus, adjectives should be paired with other adjectives, nouns with other nouns and so on. The final effect of this arrangement of material is that our works will receive grace, clarity, and elegance. These considerations may seem to be impertinent for people filing accident claims, such as a whiplash accident claim, but the irrelevance is only formal, not substantial. For the truth is that the orderly arrangement of our words also has a persuasive force.

Yes, words that follow close parallelism can convince more than those which are not, and as it is the conviction of the minds of the judges trying your case that you are after, then parallelism, as with all the other rhetorical strategies you can find and apply, will always be matters you should be concerned with. Why are paired words and thoughts more striking than those uttered or written loosely? The answer is that out minds are so constituted that it generally tends to like that which is orderly and rhythmic than that which is disorderly and cacophonous. The former sounds are peace-driven while the latter are usually portents of danger. A murmuring brook signals its safety with its silent whispers as the thunderous claps of the sky before raining signals danger, even death. The psychology is similar, though more subtle.

What is personal injury claims? This is an interesting question that will surely feed more information to the reader. 

The UK Law requirements need to be met in filing for personal injury claims in the UK.

First, it is important to prove the duty of care. A driver owes a duty of care to all road users like other drivers, passengers, cyclists and pedestrian. The same thing is true with the local council who is responsible for the above-mentioned people. An employer owes a duty to take care of his employees. The healthcare professionals are responsible in providing excellent medical treatment to their patients. Second, a breach of duty needs to be proven. Failure to observe traffic law is considered negligence and breaches the duty of care. Non-compliance with the law of health and safety is negligence on the part of the business owner. Wrong treatment is also considered as negligence. Third, an injury or illness arises from the mishap. Finally, causation between the breach and the damage needs to be established.  There must be a link between the two. 

The said requirements can be achieved by the assistance of a legal counsel who is an expert in this specialised area of law.

Types of Claims

What are the kinds of personal injury claims in the UK? The claim can arise from an accident which may occur on the road, at work, in public place or even in hospitals.

A road traffic collision claim compensates for the injuries sustained from an accident caused by others. A passenger, pedestrian or a cyclist can file a formal complaint against the careless driver who caused the crash.

Accidents at work can be claimed for any illness or injury that may occur whilst on duty. An employee can be eligible to seek compensation for the damaged due to the mistakes of a co-worker or an employer. The wrongdoer can be liable for the injury or illness suffered by the person.

Accidents in public claim compensates for the harm experienced by members of the public. Customers or guests can file a formal complaint against the offender. The building occupier or landowner can be liable for the incident.

Medical negligence claim is a compensation for any damage caused by healthcare providers like hospitals, doctors, nurses or dentists. They can be responsible for the injuries sustained by their patient during treatment.

These cases can be complicated and requires the expertise of lawyer, Consult legal advice from the expert.

No win no fee solicitors play an important role in claiming compensation for victims of negligence. They provide expert legal advice on personal injury claims on a no win no fee basis.

No win no fee or Conditional Fee Agreement (CFA) pertains to the arrangement between a solicitor and a client. If the case is unsuccessful, the latter will not have to pay the former but should pay for the costs of the opposing party. However, if the case is successful, the client will pay the normal fee to the solicitor plus a success fee. 

How can the client pay for the costs and fees if the case is lost? The after-the-event insurance covers for possible liability of the claimant. It is a kind of legal expense insurance policy purchased after an event. It serves as a protection for any legal costs including disbursements. 

The emergence of the Conditional Fee Agreement helps the poor in pursuing a claim even if their funds are insufficient. 

No win no fee solicitors usually recommends getting the after-the-event insurance to shield the claimant from any financial problems during the litigation process. It is necessary to discuss the details before entering into an agreement.

Responsibilities of Lawyers

No win no fee solicitors or lawyers carry responsibilities in processing the claim.

The initial interview with the client provides an opportunity for the assigned lawyer to know more about the person and the accident he was involved with. He takes note of the details like the type of accident, the kind of injury or illness, the place and time of the incident and other pertinent information. The legal counsel analyses the situation and the probability of its success. Upon careful analysis, the lawyer gathers evidence such as medical report from the expert medical practitioner, police report, statement from the witnesses, photographs and proof of financial loss. The medical report is essential in claiming for compensation. It shows the nature of illness or injury suffered by the person, extent of the pain, treatment and recovery period. This determines the amount of compensation that can be granted to the individual. The police report is needed especially in the case of road traffic collision. A witness statement can give a clearer view of the incident. Photographs of the accident scene can help in the investigation. Proof of loss of income, receipts and expenses shows the financial impact of the accident to the individual. The above-mentioned pieces of evidence are vital in achieving a successful case. 

It’s disgusting how some No Win No Fee lawyers abuse their privileges. Aware that they are the last hope of many indigent clients, they act with the expectation that they will receive royal treatment, even to the point of disrespecting their clients, as if their accepting their cases was a favor and not a job. In other words, in their illusion of magnanimity, they erroneously think that they are excused in acting rudely and arrogantly, forgetting for the moment that lawyers are obligated to treat the cases they embrace with all of their intelligence, strength, and energy no matter the financial capability of their clients. That is a crucial principle in our legal system. To see some No Win No Fee lawyers, therefore, acting the way they do is simply pathetic.

A horrid example of this indecency is to raise false hopes to the client and then invoke the principle of fallibility when these same hopes have been disappointed. Some lawyers, because they know that the claimant will shoulder the expenses in case their claims lose, abuse this rule by not taking their clients’ claims seriously enough, or only seriously up to the point that it is interesting for them. As if their claims were merely just diversions to drive out boredom. Their not receiving any hourly fees payment, moreover, they think is a legitimate excuse for them not to attend meetings or hearings punctually or decorously. All in all, the end result is that the claimant feels himself abandoned even by his own savior and that in place of security and dignity, he is subjected to fend for himself. A reluctant lawyer is no lawyer worth the name.

If ever you have experienced anything like these, then you should know that you can report such lawyers to their respective firms. These firms, understanding that their prestige relies to a great extent on the individual performances of their members, will unhesitatingly subject these errant solicitors to respective disciplinary action. If they would not, then you can contact the pertinent government agencies instead. Claiming compensation through the No Win No Fee scheme is supposed to be a special right of the poor. In case this right is not taken seriously by the people tasked to uphold them, then more than the claimant, it is society that is placed in peril.

Work accident compensation is a recompense for the injuries sustained from the negligence caused by other people. A co-worker or an employer may commit mistakes that may harm an innocent victim. This entitles the victim of negligence to file a formal complaint.

Several factors can affect work accident compensation. The award that can be granted is usually based on 3 factors: the nature of the injury, the financial loss due to the accident and the impact of the injury to the person’s life. 

The type of injury is assessed properly. It takes into account the severity of the pain, its symptoms, the duration of the pain, treatment, and recovery period.  The seriousness of the pain is evaluated if it’s mild, moderate or severe condition that affects the upper, middle or lower extremities of the injured person. A medical statement is essential in proving the damage caused by the mishap. The financial loss experienced by the person is evaluated based on the loss of earnings and expenses incurred due to the injury. A proof of loss of earnings, receipts and other pertinent documents are necessary in proving the validity of the claim. Another important consideration is the impact of the injury to the individual’s normal activities. An analysis on the individual’s work, interests and hobbies are considered.

Awarding of the Claim

The kind of injury or illness, financial loss and effect of the accident are analysed carefully in awarding the work accident compensation in the United Kingdom. Aside from this, an employee needs to consider other factors that can influence the level of the award.

In bringing a claim for work-related injuries, the individual circumstances are taken into consideration. The impact of the illness or injury is different from one person to another. This is the reason why age, gender and personal attributes are assessed. 

Both quantifiable and non-quantifiable losses can be compensated from work-related accidents. Special Damages pertains to the financial losses which includes medical and care expenses, loss of earnings, travel expenses and miscellaneous expenses. The non-quantifiable part or General damages compensates for the pain and suffering endured by the victim.  This includes the pain, suffering and loss of amenity, handicap in the open labour market, loss of employment opportunities, loss of enjoyment of life, loss of prospects, disfigurement, loss of reputation and emotional distress. Presentation of evidence is important to achieve a favourable result. 
 
In order to attain the right amount, it is necessary to consult legal assistance from an expert lawyer who specialises in work-related accidents in the UK.

Why would a victim of an accident deserved to be awarded an injury at work compensation?

Well, simply because he is an employee who has been injured at work because his employer failed to consider his health and safety.

For instance, one worker was hurt because of lack protective equipment and the other worker was injured because of defective machinery.

Let’s go on to the details and find out why they deserved to be compensated.

The first worker sustained burns and eventually left scars on his arms and leg because his employer failed to provide him quality protective clothing. Not only that – he was not given proper training on how to use the protective gear. Another thing is that his supervisor did not orient him that the task assigned to him is too risky. He could have resisted it because it may endanger his life. True enough, he was badly hurt because the gear snapped. 

Moving on to the second case, a worker was hurt because of the faulty machine which was not fixed immediately. First, he was not informed that it was defective. Second, he was not given sufficient training on how to use it properly. Third, he was having a hard time proving that it’s not his fault.

Two cases which have a common denominator. Both were injured due to someone’s mistakes. Different scenarios, different kinds of injury, different intensity of pain, but both of them have the same right to claim for injury. It’s because they were injured in the workplace caused by others. A greater weight goes to the business owners who are supposed to protect their employees. 

These people are suffering from pain and financial setbacks that affects their daily lives. They deserves to be compensated for their loss, pain and suffering. It’s not only the physical pain but also the emotional stress and financial impact of the accident that should be compensated. It cannot really bring back the loss but it can ease the pain and alleviate the burden they carry. They both deserve injury at work compensation.