We aim at all times to provide a high quality service and a standard of care in which you can have complete confidence.
We are committed to representing your interests in a way that you can understand. We will:
• Use plain language in our dealings with you
• Keep in regular touch with you so
you know what is going on
We will respond quickly to your calls or enquiries and keep you fully informed about the progress of your case. We strive to achieve a successful outcome in your case as quickly as possible. Our aim is to achieve the highest level of compensation in the shortest possible time.
Teamwork: The lawyer with
responsibility for your case
will work as part of a team. All
our team members have the
knowledge and experience to
assist you and you can speak freely
with them.
Independence: Any advice that we give you will be independent and you are free to ask any questions about your case.
Access: Our offices are open during normal office hours. If you call outside these hours you can leave a message and someone will call you back as soon as possible (please remember to give us your case reference which is on each letter we send you).
Disability: We will make reasonable adjustments in the way we handle your case and communicate with you, so as to accommodate any disability you may have.
Appointments: Where an appointment is necessary, our aim is to arrange one both quickly and at a time and place that is convenient for you.
If you feel that Thompsons has failed you in any way, we will handle your concerns speedily and fairly. You should:
• Contact the lawyer dealing with your case in the first instance
• If you are not satisfied that your complaint has been properly resolved, you should next contact the Branch Manager of the office dealing with your case. Their details will be in the first letter you get from us
• Please try and keep all correspondence relating to your case together in one safe place
Our goal at Thompsons Solicitors is to obtain the maximum amount of accident, injury or disease compensation for you in the shortest possible time.
You may have many questions about the compensation claims process. This guide aims to answer some of your preliminary questions about working with Thompsons to make your claim.
To receive compensation an injured person has to prove that somebody else is to blame. Our preliminary investigations will tell us if you have a case that is strong enough to take further.
These investigations can take some time to complete but we will undertake them as quickly as possible and report the result to you.
If the investigations indicate that your accident or illness was caused by someone’s else’s fault (negligence), a claim can be made for compensation on your behalf against the company or person responsible.
We may decide that, in order to get you fair compensation as quickly as possible, court proceedings should be started. If we need to take this step it will be done in consultation with you.
We may get statements from witnesses or documents and official reports, for example, from the police or the Health & Safety Executive.
We will work as fast as we can but if you want an update on progress, please feel free to write, telephone or email.
It is always advisable to make your claim as soon as you feel able to do so. To help your case, you should report the accident to any appropriate authority, for example, such as your employer (if your accident happened at work), the local council (if you tripped on a broken pavement), the police (in a road accident or assault), or the owner of any property where the accident took place.
There are other good reasons why you should submit a claim quickly:
You are more likely to recall the circumstances of your accident while it is still fresh in your mind.
The sooner we have the details of your claim, the sooner we will be able to advise you whether you have a claim and if you do, start the work of gathering evidence and negotiating a settlement with the insurance company of the person or organisation that caused your accident or injury.
It is very important that you report your accident or illness immediately to the appropriate authority.
You should record as many details of how you were injured as soon as you can. Where possible, we would also recommend that you take photographs to demonstrate any defect or hazard which was responsible for your accident or injury (use a ruler if necessary to show depth or height of the hazard). We will write to you for further information and we may wish to see you.
We may ask you to have a medical examination. This is to show the cause and extent of your injuries and the effect upon you. The doctor is likely to be someone who has not treated you before. Don’t worry about this – it is important to use specialists who are independent.
If we can prove someone else is to blame you will get compensation for the pain and suffering you have gone through to date and may go through in the future.
We will also claim any expenses which, but for the accident, you would not normally have had. This may, for example, include travelling expenses for medical appointments, the cost of prescriptions, the cost of care and treatment, and any past or future wage loss.
Try to keep receipts as they increase the chances of claiming back the costs.
If you have a disability then you may be entitled to protection from discrimination by your employer under the Disability Discrimination Act 1995.
Disability is a physical or mental impairment which has a substantial and long term adverse affect on your ability to carry out normal day-to-day activities. Long term means at least 12 months.
You will have been directly discriminated against if you are treated less favourably by reason of your disability.
Direct discrimination is where the reason for the treatment is the disability itself. So for example, if your employer refuses to promote you solely because you suffer from depression, that is likely to be unlawful direct discrimination.
You may have been discriminated against if you employer has treated you less favourably for a disability-related reason. For example, this would arise if you are treated less favourably because of the amount of sick leave you have taken as a consequence of your disability. Your employer may have a defence to your claim of disability-related discrimination if they can show that the discrimination if justified. This usually involves consideration of your abilities and the needs both of your job and your employer.
If your employer has working arrangements or premises which cause you substantial difficulty as a disabled person, then they are legally bound to make ‘reasonable adjustments’ to assist you.
If your employer fails to make those reasonable adjustments then they may be discriminating.
You may have a claim if:
• You believe you have been refused a job, transfer or training because of your disability
• You receive worse terms and conditions of employment or employment benefits than people without your disability
• You employment is terminated because of your disability
• You employer fails to make reasonable adjustments to allow you to do your job
If you believe you have been discriminated against, you must:
• Report any acts of discrimination immediately to your union
• Contact your union representative immediately for further advice
You must make your complaint to the tribunal within three months of the date when the offending act of discrimination about which you wish to complain occurred. You must submit a grievance to your employer before the Tribunal will accept a claim.
If you have an accident, develop an industrial disease or are involved in a road traffic accident you may be entitled to benefits from the benefits agency (DWP).
Who is to ‘blame’ for an accident or disease is not relevant to the DWP.
Remember: Report your accident
• To your employer immediately and complete the appropriate accident forms
• To the DWP as soon as possible by completing form B195. You will be asking them for a declaration that you had an accident or illness at work. Doing this may reduce delays if you claim benefits at a later date
SSP is payable after you have been off work for four consecutive working days.
Your employer may require medical evidence, such as a self-certificate or doctor’s certificate.
If you are still away from work after 28 weeks, SSP will stop (whatever your weekly income) and you should become entitled to Incapacity Benefit (IB) (form SSPI). If you claim and it is disallowed, please tell us immediately.
You may get IB rather than SSP from the start if you are on what the DWP considers to be a low weekly income. You need to complete the back of your sick note and send it to your local DWP office along with a covering letter saying you wish to claim.
If you have an injury at work, a work-related road traffic accident or suffer from an occupational disease, you should make a claim and regardless of whether you are getting SSP or IB. To make a claim, you should go to your local DWP office and ask for a ‘Claim Pack for Industrial Injuries Disablement Benefits.’
DLA is a tax-free benefit aimed at people who need help in caring for themselves or with household tasks (such as cooking) and/or people who find it difficult to walk or get around. It is paid regardless of income or savings and is not dependent on the payment of any National Insurance Contributions.
The law may require you to repay DWP benefits from your compensation. The lawyer dealing with your case can explain this to you.
Accepting DWP benefits will not affect your right of appeal against them or your right to claim damages.
If you are in any doubt as to what you may be able to claim, ask the lawyer dealing with your case.
Why are we different?
At Thompsons we work only for the victims of injury. You will never hear of us representing companies or employers. We use our experience of over 85 years working as a trade union law firm to understand what you want from the law.
You are with the pioneers
Thompsons is a pioneer in law for working people.
• We brought the first group cases for asbestos
• We established the law that allows those exposed to asbestos but not actually working with it (so-called neighbour cases) to bring claims
• We brought the first ever successful cases for passive smoking victims
Thompsons Solicitors has a reputation for taking aggressive legal action to ensure we secure the maximum amount of compensation in the shortest possible time, and secure over £150 million as personal injury compensation every year for our clients who have been injured in accidents for which they were not at fault.
We are also proud to help members of Trade Unions with not only personal injury compensation claims but also with matters relating to employment rights such as pensions, dismissals, discriminations, equal pay and transfer of undertaking (TUPE) through our specialist Employment Rights Unit, who lead the field in winning dignity and fairness for people at work.
The service we provide to you as a union member is dependent upon you continuing to satisfy the conditions of the legal assistance scheme within your union’s rule book.
Want to know more?
If you want to know more about Thompsons, including the range of leaflets we provide call 08000 224 224.
Our leaflets are also available from your union.
HSE (The Health & Safety Executive)
Their mission is to protect people’s health and safety.
0845 345 0055 www.hse.gov.uk
Direct Gov
Information on rights and responsibilities related to health and safety issues.
www.direct.gov.uk
DWP (The Department for Work and Pensions)
Information about benefits you can claim after suffering an accident. Your local union will also be able to assist you with this.
0800 882 200 or Textphone 0800 243 355 www.dwp.gov.uk
The Royal Society for the Prevention of Accidents (RoSPA)
Is actively involved in the promotion of safety and the prevention of accidents in all areas of life.
0121 248 2000 www.rospa.org.uk
Brake
Is a National Road Safety Charity.
01484 559 909 www.brake.org.uk
CICA (The Criminal Injuries Compensation Authority)
The CICA is responsible for administering the Criminal Injuries Compensation Scheme throughout England, Scotland and Wales.
0800 358 3601 www.cica.gov.uk
Motor Insurers’ Bureau (MIB)
Compensate the victims of negligent uninsured and untraced motorists.
01908 830 001 www.mib.org.uk
Your Local Police Force
If you need to report a
non-emergency road accident to your local police force, you can find contact details here. Obviously, in cases of emergency you should dial 999.
www.police.uk
The Financial Ombudsman
If you have a complaint about your motor insurer which you have been unable to resolve directly with them, you can contact the ombudsman for impartial assistance.
0845 080 1800 www.financial-ombudsman.org.uk
Citizens’ Advice Bureau
The Citizen’s Advice service helps people resolve their legal, money and other problems by providing free information and advice from nearly 3,400 locations, and by influencing policy makers.
www.citizensadvice.org.uk
If you like what we do please recommend us. We hope that you will be so satisfied with the way that Thompsons Solicitors gets the best for you that you will recommend us to your family if they are injured.
Your union membership means that you and members of your family get free legal cover for any personal injury suffered in a road traffic accident or outside work. We can even offer ‘no win no fee’ terms to any friend or family member of yours who gets injured.