Making a personal injury claim

This article supports ‘Do you have a claim?’, published in RCN Bulletin, 18 May 2011, page 1

RCN Senior Legal Officer Roz Hooper explains why the RCN should be your first port of call if you wish to make a personal injury claim

If you have suffered an accident and it was someone else's fault, you may be entitled to claim for personal injury. The RCN can now also offer support if you are claiming personal injury compensation for an injury that was not sustained in (or travelling to or from) work.

Complete the online application for legal assistance for accidents at work form and your case will be assessed.

Why should I come to the RCN rather than a specialist claims organisation?

The RCN understands nursing and nurses and this service is a benefit included in the price of your membership.

What personal injury claims will the RCN support?

The RCN will support personal injury claims which we assess to have a greater that 50 per cent chance of success.

What are the time limits for personal injury claims?

The time limits are very strict. Legal proceedings must be commenced no later than three years from the date when you were injured or had an accident, or from the date you knew that you were suffering from stress as a result of work.

Can I use an external solicitor and seek help from the RCN?

No. Please be aware that if you instruct a private solicitor the RCN will not take over a case started with a private firm. Also, the RCN will not reimburse the cost of using external solicitors.

Will I have to pay if the RCN pursues my claim?

While you technically remain liable for your legal costs, the RCN may fully indemnify you in respect of your liability to pay for legal advice and representation. The indemnity means you are covered against paying your costs for as long as the RCN support your claim. This applies to the other side's costs as well as your own.

If you decide to withdraw from a case for any reason, against RCN advice, the RCN may require you to pay any wasted costs.

Are there any circumstances when the RCN will withdraw support?

Yes, support may be withdrawn if it emerges:

your claim has no reasonable prospect of success
you have been made an offer you should accept but you nevertheless wish to continue with your claim
you are making unreasonable demands of RCN legal services in such a way as would entitle a private firm to discontinue acting for you.

What constitutes a legitimate claim?

If your employer has been negligent you may have a case. Some examples are:

unsafe equipment
unsafe place of work
unsafe system of work
inadequate or no training or updating
inadequate or no supervision
actions or failures of co-workers
failure to carry out risk assessments.

I believe that I may have been to blame. Can I still make a claim?

If the accident was due to your own carelessness – for example, you decided not to use a hoist which you have been trained and instructed to use at all times – then your claim will fail. However, the judge may decide you were partly to blame and make an award on this basis.

How long does it take to make a claim?

Most cases take between two and five years to resolve. This timescale gives the injured party time to stabilise their condition, make a recovery and have a clear prognosis. The investigation process is then carried out twice, once by the RCN legal team and once by the defendants.

What will I be asked to do to prove my case?

To provide the best possible legal assistance and representation, you will need to:

attend any medical examinations for your side and the other side
attend any meetings with your barrister, experts and your named legal officer
attend any court hearing and give evidence if your case fails to settle – the majority of cases are settled before the trial begins
be prepared to allow access to the following records if necessary: hospital records; GP records; occupational health records; your personnel file
share any information you have gained and don’t withhold any information relevant to your claim or be misleading in any way
provide any documents relevant to your claim when called upon to do so
keep a diary detailing all expenses incurred which you would not have otherwise had to incur but for the accident, details of pain and suffering and any particular problems
recognise your duty to mitigate (reduce) your loss, by obtaining alternative work if you can and/or retraining.