Personal injury claims for members
If you think that you have a claim for personal injury compensation then we may be able to help. We can also offer support for non work related claims (excluding medical negligence).
If you're an RCN member please contact us. If you're friends and family, find out more about making a claim here.
It is vital that you do not delay making a personal injury compensation claim. You have three years from the date of the injury/accident to begin court proceedings. If you are making a claim for work related stress, you have three years from the date that the stress began. Please be aware it can take six months of preparatory work before a solicitor can start court proceedings on your behalf; so contact us as soon as possible after the incident to ensure there is sufficient time to prepare your case before the deadline.
We will support personal injury claims that we assess to have a greater than 50 per cent chance of success.
Please be aware that if you instruct a private solicitor, the RCN will not take over that case at a later date. Also, the RCN will not reimburse the cost of using external solicitors.
Help us to help you
In order for us to provide the best support, you will need to:
- attend any medical examinations both for your side and the other side
- attend any conference/meeting with your legal representatives
- attend any court hearing and give evidence if your case fails to settle (the majority of cases do settle before the trial begins)
- allow access to your medical records and personnel file
- share all relevant information
- be open, honest and not mislead anyone
- provide relevant documents (defendants have the right to see any non 'privileged' documents including applications for retraining or new jobs, pay slips and P60s and receipts for any items of expenditure)
- keep a diary of related expenses, pain and suffering and any additional problems
- recognise your duty to mitigate (reduce) your loss, by obtaining alternative work if you can and/or retraining.
While you technically remain liable for your legal costs, we may fully indemnify you in respect of your liability to pay for legal advice and representation. This means you are covered against paying your costs for as long as we 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, despite being advised that you have a reasonable claim, we may require you to pay any wasted costs.
We may withdraw cover if:
- your claim has no reasonable prospect of success
- you have been made an offer that you should accept but you wish to continue with your claim
- you are making unreasonable demands of RCN legal services in a way as would entitle a private firm to discontinue acting for you.
You will be given the option of taking the case over from then on at your own expense. In most cases you will become liable for all costs awarded to your opponents.
Further information on the terms of this cover will be sent to you should we agree to take on your case.
Criminal Injuries Compensation Authority (CICA)
You may be entitled to compensation from the Criminal Injuries Compensation Authority (CICA) if you were injured in England, Scotland or Wales. The equivalent in Northern Ireland is the Northern Ireland Criminal Injuries Compensation Scheme (for more detail please see the nidirect website).
- there is a two-year limit for CICA claims
- all applicants must report the assault to the police immediately after the event (a report to the employer will not suffice).
We may be able to assist with a claim - contact us for more information.