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compensation following an accident
illness or injury - nationwide
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It's a sad fact, but the processes involved in winning a compensation claim case after an accident at work often take a long time. In the case of wrongful death at a workplace there will be thorough investigation followed by a prosecution court hearing and then, if the employers are found liable, a compensation claim can be commenced with some degree of certainty.
However, in many cases the financial security of families is uncertain, especially if the main breadwinner has died or is so severely injured that they are unable to work.
In 2009, on national Worker's Memorial Day, Labour MSP Bill Butler introduced the Holyrood bill following Scottish Law Commission recommendations that suggested living expenses should be standardised at a flat rate of 25%.
It was noted that legislation at that time saw courts having to asses how much of an accident victim's wages was spent on living expenses and this often led to distressing and costly appearances in court for the families in order to examine their spending habits
The bill would therefore see a reduction in the length of time taken to get living expenses compensation settled for families of the deceased or those affected by industrial disease such as mesothelioma.
The revised law would mean that in an uncontested accident at work the case for compensation would not have to go to court and the families would receive funds more rapidly.
Butler said, "By standardising the assumed living expenses of victims in wrongful death cases, we will avoid a great deal of distress for victims and expense for employers in unnecessary litigation.
"There should be no need for a long-drawn out process involving the details of their personal lives and spending habits being dragged through the courts. I want to provide justice and dignity for victims of fatal accident, injury and disease and their loved ones."
Ian Tasker, Assistant General Secretary of the Scottish Trade Union Congress (STUC) backed the bill.
He said, "We know compensation is not at the forefront of families' minds, but it is important they get what they need in order to continue their lives and they receive it promptly."
The bill also received backing from the Scottish Law Commission (SLC). Professor Joe Thomson, full time commissioner of the SLC said, "This bill clarifies, simplifies and modernises the law of damages on wrongful death."
Compensation after an accident at work
If you or a family member has had a workplace accident, our expert UK no win, no fee solicitors could help you to get compensation that would give you and your loved ones financial security.
All YouClaim personal injury lawyers are experts in their field and proudly governed by the standards laid down by the Solicitors Regulation Authority. We guarantee that you will not be charged for our services and that you will receive 100% of the compensation awarded to you. If your claim is unsuccessful – you will not be asked to pay a penny.
If you would like to talk to one of our friendly helpline advisors, please call 0800 10 757 95. If you would like to choose a more suitable time, we can call you back later.
Alternatively, tell us about your accident at work by filling out an online claim form and we will call you back when we have checked the details. Above all, remember that YouClaim's advice is free and confidential.
