Work Accident Solicitor Costs UK: How to ensure your legal cost of claiming compensation for a work accident is paid by your employer as part of your accident claim
Discover why you can claim the majority of your work accident solicitor costs as part of your personal injury compensation claim against your employer; what these legal costs are made up of and how to fund your lawyer’s fees for free until your claim has concluded using a no win no fee agreement.
What are your work accident solicitor costs made up of?
There are two main types of expenses which will form part of your UK work accident solicitor costs, which include:
1. Your work injury lawyer’s legal fees
Your work accident solicitors legal fees are set at an hourly rate – normally referred to as a charge rate.
This is a charge for the amount of time spent by your solicitor working on your claim – including obtaining evidence to win your claim and considering the evidence provided by your employer to defend paying your claim.
2. Legal expenses incurred by your personal injury solicitor in making your claim
As part of your work accident solicitor costs there will be expenses included, known as disbursements. These are actually sums of money your lawyer makes no profit on, but pays out on your behalf. Such expenses include: the cost of obtaining copies of your GP notes (this sum is paid to your GP); the cost of obtaining copies of your hospital notes (paid to the relevant NHS trust), the cost of obtaining a medical report describing your work injuries from a medical consultant (monies paid to the consultant).
There are in addition other expenses your solicitor will have to incur, such as court fees (should claim have to be issued at court)..
How can you pay your work accident solicitor costs to make your claim?
Do not be concerned – you will be pleased to know that there are a number of ways to meet your work accident solicitor costs in pursuing your compensation claim.
See our no win no fee / conditional fee agreement article – for an explanation of how a no win no fee (technically known as a conditional fee agreement) operates as well as alternative funding agreements, such as legal protection cover.
Can you claim your solicitor’s costs from your employer as part of your claim?
“Yes” – in England and Wales your are entitled not only to receive compensation for your workplace injuries if your employer is found at fault, but in addition you are entitled to claim the majority of your work accident solicitor costs of making your claim, which should include not only your lawyer’s fees, but also the disbursement expenses your solicitor has incurred on your behalf.
Be aware – at the time of writing this article, you can claim the majority of your legal costs from your employer (subject to a small deduction for unrecovered legal costs), so long as the personal injury part of your claim (known as general damages) is worth over £1,000 (your lawyer will advise you whether this is the case at the time of commencement of your claim).
Who pays for your employer’s solicitors legal costs?
If you win your claim – your employer pays their own lawyer’s fees of defending your claim and if you lose your claim your work accident solicitor should have put in place some form of insurance to protect you from paying your employer’s legal fees.
What are the risks to you of paying a work accident solicitor costs in pursuing a personal injury claim?
So long as your work claims solicitor has properly advised you and put in place all the necessary funding agreements such as a “no win no fee” there is no real risk. You can make your claim without incurring expense until your claim has concluded when there might be a small deduction from your compensation (for a portion of legal costs your employer’s insurers do not have to pay).
Work Accident Solicitor Costs Summary & Next Steps
In this article – we have shown how to make a claim without having to pay either your solicitor’s legal costs or that of your employer’s solicitors (so long as your work claims solicitor has properly advised you and put in place all the necessary funding agreements).
Our work related accident solicitor article describes the considerations you should take into account when choosing a workplace injury lawyer
Specialist Work Injury Solicitors Free Legal Help
We offer a number of specialist work accident solicitor free legal help options – you can ask an online question, have your claim assessed, request a callback or phone direct to discuss your work accident circumstances and the best options of funding your work accident solicitor costs.