Q&A – How To Fund A Work Injury Claim Using Legal Protection Insurance

In this Q&A And FAQ – we answer online questions from a real life work accident victim concerning using legal protection insurance to fund a solicitor to make a work injury claim.

Work Injury Description

I recently had an accident at work. A nasty laceration to the middle finger on my right hand, which has caused scarring and a loss of sensation.

On checking – I found I have legal protection cover on my household contents insurance, which should pay my legal costs in claiming compensation for personal injuries in the event of an accident.

I intend to use the legal protection insurance to pay for my legal costs in pursuing a compensation claim for personal injury, but I wish to use a solicitor of my choice.

Legal Protection FAQ

How do I know if my legal cover will fund my work injury claim?

You should check the specific wording of the household contents insurance and contact the insurer. However, it is very likely your household contents legal protection can be used to make a work injury claim. See our household contents legal protection article for a description on how to use your legal cover.

Will I be able to use a solicitor of my choosing via my legal cover to make my work injury claim?

The wording of your legal protection insurance will specify whether you can choose your own solicitor. However. most policies will stipulate that you should use the insurance panel solicitor or the insurer’s in house legal team.

Should I use my legal protection insurance?

Yes!! You have paid for legal protection insurance cover. Therefore, subject to a small policy excess, you will not need to be concerned about the legal costs of making your compensation claim. You could consider instructing a solicitor of your choosing using a no win no fee. However, this could result in a deduction from your compensation. Whereas, legal cover will typically result in your retaining all your compensation.

Can I still use my legal cover if my work injury is considered minor?

The legal test is whether you claim is classed as a small claim. Typically a solicitor’s fees will not be paid by the employer if the claim is a small claim. However, it is still likely your legal protection will still pay a solicitor’s fees in making your claim.

Will a finger scar with loss of sensation be classed as a small claim?

The current test for a small claim for a work injury claim is whether the claim exceeds £1,500 for pain and suffering. So long as your finger scar and sensation loss is medically verified by an independent expert – it is most likely your work injury claim will be in excess of the small claims limit. Beyond the small claims limit – you can choose a solicitor to help you claim using a no win no fee / conditional fee funding agreement.