Personal Injury Claims
A. Personal Injury Claims for Damages - LS3 Form &
*LS18 Form
The Union scheme provides access to legal advice
ordinarily from one of the CWU approved Panel Solicitors. The
solicitors will take on cases on behalf of the Union if they have a
chance of success of over 50%. This will be determined by the
solicitors once they have carried out their initial investigation.
(I) Who can make a Personal Injury Claim under the CWU
Scheme?
i. Members can claim for accidents ON AND OFF duty.
ii. Dependents (provided they are not covered by any other Union
scheme).
iii. Retired members and portable members.
(II) Procedure for Making a Claim on the Member's
Behalf
The member must complete a LS3 form and return it to the Legal
Services Department. A form can be obtained from your local
Branch Secretary or alternatively you can call the CWU Legal
Services Helpline on free phone
0800 804 6674 or complete the form electronically via our web site
cwu.accidenthelpline.com All claims will be registered at CWU
Headquarters, which will then be forwarded on to our Panel
Solicitors for assessment.
*LS18 This form is provided in conjunction with the LS3 form which
contains important information about members' entitlements and
further details of other benefits that are available.
(III) Evidence Collection
To assist the Legal Services Department with the investigation of
the accident it is helpful if evidence can be obtained as soon
after the accident as practicable. Examples of evidence that
assists in the assessment of the case are as follows:-
a. Copy of the the appropriate accident report, e.g. ERICA.
b. Photographs of any faulty equipment, site of the accident and
injuries.
c. Sketch plans of locations of accidents, especially in road
traffic accidents.
d. Witness names and addresses.
e. Any overweight bag/equipment should be weighed and the weight
noted down.
f. Details of any previous similar accidents.
g. In dog bite cases any evidence of previous vicious behaviour by
the offending animal.
(IV) Types of Personal Injury Claims Covered Under the
Scheme.
I. Employers liability industrial accidents.
For example, lifting accidents, faulty equipment accidents.
2. Public liability accidents
Including tripping and slipping accidents on and off duty.
3. Road Traffic Accidents
On and off duty.
4. Dog Attacks
The Union has a long history of success in obtaining damages for
injuries as a result of dog attacks on duty. The claim is either
dealt with in-house by the Legal Services Department or in some
cases passed onto the panel solicitors. All dog attacks should be
reported to the Police
5. Clinical Negligence Claims - LS3 Form
The Union will give consideration to claims for damages arising
from negligent medical treatment. These cases are forwarded to
one of the panel solicitors for their assessment as to prospects of
success.
6. Industrial disease - LS2 Form
These include asbestos related injuries, occupational stress,
deafness and work related upper limb disorders.
7. Fatal Accidents - LS4 Form
It is vitally important that a fatal accident is reported as soon
as possible to the Legal Services Department. Representation
maybe provided at the inquest and it is essential that this date is
given to the Department. After all Police investigations have
been completed, an adjourned inquest will usually be held and this
is the date that should be provided.
(V). Time Limits for Making a Claim
(a) Accidents
In most cases the Claimant has 3 years from the date of the
accident to settle the claim or issue court proceedings. Failure to
do so would result in the claim becoming statute barred.
(b) Clinical Negligence
If the claim is for a clinical negligence matter the primary
limitation period is 3 years from the date on which the cause of
the action started i.e. the injury, or the date of knowledge (if
later) the person was injured.
(c) Occupational Disease
If there is no accident as such - for example the Claimant is
suffering for an occupational illness (such as stress at work,
dermatitis, deafness or asbestos) then the member has 3 years from
the date that they first knew (or should have known):-
a. That they were suffering from that illness and
b. That it was potentially compensatable. (Usually this is 3
years from the date of diagnosis).
(d) Fatal Accidents Limitation
If someone has died the dependents or personal representatives have
3 years from the date of the death to make a claim, if the 3 year
period has not passed during the injured person's lifetime.
(e) Limitation for a Minor
If the victim is under the age of 18, the 3 year period will not
start to run until their 18th Birthday.
(f) What if the 3 years have passed?
Occasionally if there is good reason for the delay the Court will
allow a claim to be made out of time. However these incidents
are rare and it is a matter of the Court's discretion.
(VI). Basis of a Claim
Compensation can be claimed if the injury was caused because of the
fault of someone else. Someone is legally at fault (or liable) if
they are negligent and/or if they break a law or regulations (known
as a breach of statutory duty). The issue of causation is also
considered when assessing damages for an injury.
What is negligence and causation?
i. Negligence is usually defined as behavior or conduct that is
blameworthy because it falls short of what a reasonable person
would do to protect another person from a foreseeable risk of harm.
ii. Contributory negligence. Often the Defendant will admit that
they are at fault but deny that the accident was wholly their
fault. Instead they will allege that the Claimant was partly to
blame for their injuries - this is known as an allegation of
contributory negligence. If contributory negligence is accepted
or awarded by a Judge it will result in the reduction in the amount
of compensation payable that is equivalent to the degree of fault
attributed to the Claimant.
iii. Expert medical evidence is obtained to assess the extent of
the injury that an accident has caused. There are cases where the
accident is only responsible for a proportion of the Claimant's
ongoing symptoms and the damages will be apportioned
accordingly.
(VII) What do we claim on the Member's
behalf?
Financial compensation
We claim damages which are split into two categories:
i. General damages - This is the lump sum payable to compensate the
Claimant for their pain, suffering and loss of amenity. The
amount payable is dependent on the seriousness of the harm and
extent of the symptoms or disabilities.
ii. Special damages - This refers to past and future financial
losses that can be proved to be as consequence of the injury.
These include, lost earnings, including any retirement pension
entitlements, cost of lost or damaged items, costs of medical
treatment and medication.
(VIII). Deductions from any Damages
i. Contributory Negligence - If contributory negligence is accepted
or awarded by the Judge the equivalent percentage with be deducted
from the general damages. For example if the Claimant was to
receive £1,000.00 general damages but was considered to be 10%
for contributory negligent, then he would receive £900.00 as a
result of the 10% deduction.
ii. Compensation Recovery Unit - The benefits paid by the Benefits
Agency, some of these are recoverable by the Government against
loss of earnings. The benefits recoverable are for the 5 years
from the accident or injury. In the case of disease the 5 years
runs from the date of the first claim for the benefit on the basis
of the disease
iii. Repayment of Advances to Employer
If a member incurs paid absences as a result of an accident due to
the negligence of a third party, they are contractually bound to
refund the basic net part of their earnings during their period of
absence. The members sign an undertaking upon release of their
earnings details to repay this sum upon receipt for their damages.
This is proportionally reduced if contributory negligence is
accepted. There is normally no re-payment of wages where a claim
is being made via the Motor Insurance Bureau untraced Drivers
Scheme but there is a repayment if the claim is being made via the
MIB Uninsured Drivers Scheme where the third party who is
responsible for the accident/injuries is an uninsured driver.
B. Industrial Injuries Benefit Scheme
If you are injured as a result of an accident at work you are
eligible to make a claim for Industrial Injuries Benefit. To make
a claim you must register your accident with the Department for
Work and Pensions as an industrial injury. If you are still
suffering from the effects of your injuries 15 weeks after the date
of the accident, you will need to apply to the DWP for disablement
benefit. This will involve being called for an independent medical
examination by the DWP and your injuries will be assessed as a
percentage disability. In order to qualify for this benefit you
need to receive an assessment of 14% or above. Assessments are
also categorized as provisional, final and life and in the event
you are not in agreement with any part of the assessment you have
the right to appeal to the DWP which must be lodged within 30 days
of the assessment being issued. Assistance with the appeal will be
provided by the Legal Department, where appropriate.
