Compensation culture? Not in the UK!

The myth of the compensation culture is promoted by insurance companies and employers who want to be able to get away with cutting corners on safety, without compensating victims. The government's own research shows that the number of compensation claims is FALLING each year: not rising, as the spin claims.  The UK awards less compensation than all other major European countries. For each injury we only get a tiny amount compared to damages given in the USA^[1]. And compensation is even lower in England and Wales than it is in Scotland!

However the businesses and insurance companies who pay out the compensation dismiss what they call "minor injuries" which include bone breaks and scars, and loss of earnings possibly for months. They have been lobbying and civil servants and MPs, and persuaded many that up to half of such victims should be left without legal help: knowing that they'd stand little chance of winning a court claim without legal representation. The Scottish Parliament is already taking steps towards increasing the small claims limit, and a Westminster Parliamentary Committee has also tried to do this.

This ignores a Law Commission report (257) as far back as 1998 that recommended that awards for the injury alone should be increased by a factor of 150 – 200 per cent.

Amicus is leading the unions in fighting attempts to increasing the court 'small claims limit' which would rob victims of legal representation.

Damages are made up of "general damages;" a lump sum for the 'pain and suffering' of the injury: and "special damages" which cover actual financial losses caused by the accident. 

It is the general damages which are very low in the UK: for example damages for scarring may be as low as £1,000. Toe injuries are common at work, and the court guidelines say that even if someone has to have ALL their toes cut off, their damages for pain and suffering should only range between £20 – 31,000. This includes where part of the foot is lost, the ability to walk is affected, and there may be ongoing pain and 'phantom limb' syndrome where the victim still feels pain in parts of the body which he/she no longer has.

Special Damages are often not fully claimed by non-experts. They cover not only loss of pay, but also of regular overtime and other benefits. Also the cost of any treatment (including private treatment), medication, bandages, and for care. If a relative has to come round to provide care or do other household tasks (e.g. cleaning, gardening etc.) then you can claim for their time at reasonable commercial rates. Adjustments to your home and car can run to hundreds of thousands of pounds, but can be recovered. You can also claim interest on money's paid out, or work done, where there is a delay in the insurer paying you the compensation.

In most cases you must get your claim in court within three years of the accident. It takes time to prepare, so the sooner you seek legal help, the better. If you, or a member of your family, is a member of Amicus, then we take the personal injury case for you or your family member without charging a penny: even if you win £millions. You can lodge a claim online at http://www.amicustheunion.org/default.aspx?page=98, or search for personal injury on the Amicus website. We also promise to pay the other side's costs if you lose: so you get no fee; win, or lose. Other unions offer similar protection. And its not just for accidents at work. We cover all accidents outside your own home, including road accidents and trips. We only use specialist lawyers who care about workers rights and will get you the best outcome for your case.

Don't fall for one of the 'No Win, No Fee' companies. No Win, No Fee means that if you do win, you DO have to pay a fee. Up to 25% of your damages! And if you want to stop the case without fighting to the end then you might have to pay to get out of the agreement. 

Don't take the risk. Save yourself money, and help unions fight for safer conditions at work, and on the street. And let the government know that instead of helping insurers and unsafe employers by increasing the small claims limit, they should give more damages to the victims instead.