Thankfully the number of deaths at work in this country are decreasing but for those who have lost a loved one, the effect is devastating.

We can not bring back your loved one but can provide financial security and lead you carefully through the process.

We'll work patiently with you to bring the claim to a swift conclusion.

We will visit you at your home or you can come to one of our offices, whichever you prefer.

Further information

If a person is killed at work then the Health and Safety Executive will investigate the circumstances of the accident. If the death is due to a criminal offence then the police will be involved.

The Coroner will open an inquest into the cause of death, a post mortem will take place and his findings will be made available to your solicitor or you, if you wish.

The Health and Safety Executive will be able to give an estimate as to how long the case will take.

Case study
Moss -v- West End Auto Electrical Limited

Clive Moss was a 45 year old auto electrician employed by West End Auto Electrics. He was normally based at his employers premises. A colleague was away on holiday and he was sent out to a coach company's premises to start a coach which had failed to start earlier in the morning. He managed to start it by gaining access to the engine compartment. There was a fault with the starter motor. He left the engine running on the coach and walked towards two drivers. He wanted them to take the coach back to his employers premises for repair. However, the coach began to move down a slight incline unattended. The handbrake had been left off. Because the engine had been running the pressure had begun to build up a hydraulic system and the reserve brakes were released. The coach began to move down a very slight incline on which it had been parked. Mr Moss and the two drivers tried to stop it without success. When he saw that the coach was going to collide with a parked car Mr Moss tried again to stop the coach but was unfortunately crushed between the coach and the car. He died immediately. He was aged 45.

His employers argued that he was an experienced man and had failed to apply the handbrake. They argued that he should not have tried to stop the coach.

We argued on behalf of his widow that he had not been properly trained in the complexities of the braking systems for different coaches. No risk assessment had been carried out. After court proceedings were started the claim was settled for substantial compensation.

The rules about the benefits to which you may be entitled as a result of your accident or injury are complicated. You should get the leaflets produced by the Benefits Agency about each of the benefits.

The main leaflets are:

• SD2: sick & unable to work;
• SD3: long term ill or disabled;
• SD6, SD 7, & SD8: industrial injuries disablement benefit;
• IB1: incapacity benefit;
• GL23: Benefit rates.

We can advise you about benefits, or refer you for more specialist advice, at the same time as advising you about a claim against the person or company responsible for your injury or disease.

Health and Safety Executive:
Greater Manchester:
Grove House, Skerton Road, Manchester 
M16 0RB Tel: 0161 952 8200

North West:
Marshall House, Ringway, Preston PR1 2HS Tel: 01772 836200 

North East:
Arden House, Regent Centre, Regent Farm Road, Gosforth,
Newcastle upon Tyne NE3 3JN
Tel: 0191 202 6200

Yorkshire:
Marshalls Mill, Marshall Street, Leeds LS11 9YJ
Tel: 0113 283 4200
www.hse.gov.uk

Spinal Injuries Association
76 St James Lane, Muswell Hill, London N10 3DF
Tel: 0208 444 2121
www.spinal.co.uk

Backcare (formerly National Back Pain Association)
16 Elmtree Road, Teddington, Middlesex 
TW11 8ST Tel: 020 8977 5474
www.backcare.org.uk

Action for Victims of Medical Accidents (AVMA)
44 High Street, Croydon, Surrey CR0 1YB 
Tel: 020 8686 8333
www.avma.org.uk

Headway (National Head Injuries Association)
4 King Edward Court, King Edward Street, Nottingham NG1 1EW 
Tel: 0115 924 0800
www.headway.org.uk

Occupational and Environmental Disease Assocation (OEDA)
(formerly SPAID Ò Society for the Prevention of Asbestos Induced Diseases)
PO Box 26, Enfield, Middlesex EN1 2NT
Tel: 0208 3608490
www.oeda.demon.co.uk

We can do your case as a conditional fee case. These are also known as "no win no fee" cases. We will also discuss with you legal aid and whether you have insurance that covers bringing a claim.

If you lose the case, you will be ordered to pay the other side's legal charges. But you will not have to pay because you will be covered by an insurance policy which accompanies the conditional fee agreement. If you lose the case, any money you have spent on medical or other expert opinions after we took out the insurance policy will be returned to you.

Under a conditional fee agreement, we recover on your behalf all or most of the cost of the work we do for you from the other side, if you win or settle the case. If you lose or abandon the case on our advice, we do not charge you for work done after signing the conditional fee agreement. In return for taking a risk, we will agree with you a "success fee." This is paid by the other side, not by you.

You avoid the risk of paying the other side's charges if the case is lost or has to be dropped.

All cases are different, and different Judges give different sums for similar injuries. Your solicitor will take into account the following items:

Compensation for pain and suffering

If you get injured or get a disease because of work, you are entitled to compensation for the pain and inconvenience and disability. Compensation for pain and suffering runs from under £1,000 for slight injury to about £150,000 for very serious injury, such as paralysis or total blindness. If you read of awards of much more than this, it is because of the other items that you can claim for.

Interest on compensation given for pain and suffering

This is paid at 2% from the date the court papers starting the case going are sent to the firm or person you are claiming from. The sooner a court action is started, the more interest you get.

Loss of wages and expenses

Expenses include travelling expenses to hospital or prescription charges. You get loss of wages and these sorts of expenses up to the date of the trial or the settlement of your case by agreement. This item has a special name. It is called special damage. It can be worked out precisely.

Interest on past loss of wages and expenses

This is paid, at present, usually at 3.5% from the date of the accident until the case is settled or won in court. But it is only paid if a court action is started. Another good reason to use a solicitor who will get the court case going.

Future loss of wages

If you have to change your work because of an accident and your wages drop as a result of it, or if you cannot work at all because of your injury, you may get a big sum for future loss of earnings. For example, a person aged 40 may get this loss, worked out on a yearly basis, and multiplied by 17 years. If the loss, clear of tax, is £50 a week, and is permanent, you should get £50 x 52 weeks x 17 years, which is £44,200.

It is most important to tell your solicitor if you think you have lost money, or are going to lose money in the future, because of your accident.

Loss of earning capacity

You might go back to work after an accident without any loss of wages or salary. But the accident might have left you with a handicap for other jobs. If your injury prevents you from climbing or lifting or walking on rough ground, or working with oil, or working outside in cold weather, then even if you do not have to do such things now, you will be entitled to compensation if there is a risk in the future that you might have to do such things. You will have suffered a handicap for other work and, depending how big the handicap is, you will receive compensation for this, but only if you claim for it. This is called Ïloss of earning capacity or Ïdisadvantage on the labour market.

Care

If you need someone's help, whether it is for a few days, weeks, or forever, because of the injury, you can claim for this even if the help is given free by a relative.

Help in the house

If you cannot do the shopping or the gardening because of a bad back, or you cannot carry pans, or peel potatoes because of a wrist injury, and someone else does this for you for, say one or two hours a week, you can claim for this work at the rate of about £5 or £6 an hour. You can claim for help given to you in the past, and for help you will need in the future.

Medical expenses

Medical expenses are compensated. You are entitled to the cost of private medical treatment but, unless the other side admits fault, you are not likely to get this money before your case is finished.

Aids and adaptations

Special equipment to help you cope with the injury: you will know what this is yourself if you are seriously injured, and your solicitor will arrange for an expert to see you and work out exactly what you need.

Pension loss

If you lose your job or cannot keep up pension contributions because of an accident, you are entitled to be compensated for what you have lost.

Housing

You may need different accommodation or modifications to your home, if you are severely disabled. You may need ground floor accommodation, or to live near to those people who will care for you, or even live with someone who cares for you 24 hours a day. Your solicitor will arrange for an expert to see you and work out exactly what your needs are.

If an offer is made to you, ask your solicitor to break it down into the items listed here, so you can be sure everything has been taken into account. Or you can, through your solicitor, make an offer to the other side to settle your case. This offer will take into account the likelihood of winning your case and the total value of your claim.