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Kasare
Kasare, Solicitor
Category: Employment Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I had an accident whilst working ex employer a

Resolved Question:

Hello I had an accident whilst working for my ex employer a month ago and am still having problems with my back, I had a fall and feel my employer was to blame for neglecting to provide a safe working environment for me to work in could I approach him for financial compensation?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Kasare replied 2 years ago.
Hi thanks for your question , I will assist you with this.
Can I confirm, are you querying the solicitors letter and costs or that you can bring a claim against your former employer?
Can you provide me a little more detail also.
Thanks
Customer: replied 2 years ago.

Hi Kasare, Im sorry this is all abit stressful, the adviser for the solicitor said i would pay no more than 25% of solicitors costs for work they would do but the contract states otherwise and at the end its states not in my case, its all very confusing, im thinking now of just approaching my ex employer as i would have to take out insurance to cover any costs as i have no finances.

Expert:  Kasare replied 2 years ago.
Hi Sharon
Don't stress, lets try and sort this.
Essentially the legal system has changed and in particular accident claims. Many solicitors no longer advertise "no win, no fee" as often it is not the case any longer.
The changes to the legal system essentially limited the claimant solicitors fees, so whereas previously they would charge on an hourly rate basis for working on a claim and claim this from the Defendant if the claim was successful - along with a success fee - it is not the case any longer.
Employer liability cases, up to a value of £25,000, are now "fixed fee"so the solicitor earns certain fees for each stage of the case, depending upon the value. However, the solicitors can also charge a success fee up to a maximum of 25% of the damages your receive (most charge the maximum 25%) - and this comes out of your damages.
So in essence if your claim is successful the solicitors receive their costs from the Defendant AND they also receive the success fee from you which is based on 25% of whatever compensation you receive.
You can of course approach your ex employer first if you wish, but I have often found that claimants are denied compensation via this route, or paid a very small sum to what it is worth. Also claimants sometimes have higher expectations of what a claim is worth. There is also the procedural aspect now which has to be followed and considered.
A good solicitor will advise you fully and clearly, explaining anything you don't understand. Go back to the firm you have approached and ask for them to explain there letter to you fully.
Does that help explain it for you? If you have any further questions, please ask.
Kasare and other Employment Law Specialists are ready to help you