Claims for Assault

Who can claim?

If you have been assaulted, and have suffered injuries as a result you may be able to claim compensation. Even if you do not know the identity of the person who assaulted you, you may still be able to bring a claim. The amount of compensation you can receive will vary depending on the circumstances of the injury.

If the assault happened outside of work, you may be able to submit a claim to the Criminal Injuries Compensation Authority (CICA). The CICA is a government orgnanisation that aims to provide compensation for victims who have suffered violent crimes throughout England, Scotland and Wales.

You can technically pursue an individual directly for assault, however, the chances are that they will not have the funds required to pay you compensation. If you are assaulted during the course of your employment, you may be able to bring the claim against your employer as they do have a duty to provide adequate protection and a safe system of work.

Who is eligible to claim under CICA?

There are conditions, which have been set out within the scheme under which you can claim. These conditions are if you are the victim of a violent crime and sustained a qualifying criminal injury, you are a qualifying relative of a person who died because of a violent crime and the incident happened within the last two years.

You may also be able to pursue a claim for personal injury compensation under the terms of the Protection from Harassment Act 1997 providing the assault falls within the parameters laid down by the court.

Contact our Personal Injury Solicitors today

At Browell Smith & Co, we are able to assist you in submitting a claim to the CICA. Should this be something you are interested in, please contact us on 0191 250 3200 so that we may discuss any enquiries you have. Once we view your enquiry, if we believe your claim has prospects of success we will offer you our No Win No Fee Agreement (Conditional Fee Agreement). Under this arrangement, our fees will be covered by a percentage of any awarded compensation, which will be agreed upon when we accept instructions at the outset of the matter. There are no hidden fees and if your injury at work claim is not successful, there will be nothing for you to pay.

Accidents in the work place

What is an accident at work?

An accident at work is where you have physically suffered injuries during the course of your employment. These injuries may occur at the work place itself or whilst you are carrying out tasks relevant to your job away from the workplace. Some of these incidents that cause injury may be avoidable. A further definition of an accident at work can be found in the Health and Safety Executive (HSE) as ‘an event that results in injury or ill health’.

Does my employer have a responsibility of care towards me?

Yes, every employer has a legal duty of care towards their employee. If your employer has failed in their duty of care, it may be possible to claim compensation for the injury or illness suffered.

The duty of care your employer has towards you includes a variety of aspects some of which include:

• providing Personal Protective Equipment (PPE) should this be required;
• providing appropriate training on how to use work equipment and safely carry out work;
• providing health and safety training;
• maintaining machinery and equipment;
• ensuring appropriate signage is in place to warn employees of any hazards; and
• Carrying out regular risk assessments.

Common work place accidents

Some common work place accidents include, falls from height at building and construction sites, slips trips and falls, manual handling injuries, and road traffic accidents (delivery drivers, HGV Drivers).

Should I report my accident at work?

Yes, you should always try to ensure that your accident has been recorded and reported to your employer. This may be in the form of an accident report form which has been completed and signed by your employer or you. It may also be an email or letter you have written to report your injury. This comes in use as evidence should you wish to proceed with a claim. If your accident has not been reported, it does not mean that you cannot bring a claim, however, it may impact the merits of your case. Therefore, it is advisable to report the accident.

How is an accident at work claim funded?

Once we view your enquiry, if we believe your claim has prospects of success we will offer you our No Win No Fee Agreement (Conditional Fee Agreement). Under this arrangement, our fees will be covered by a percentage of any awarded compensation which will be agreed upon when we accept instructions at the outset of the matter. There are no hidden fees and if your injury at work claim is not successful there will be nothing for you to pay.

How can I make a claim?

You can call us on 0191 250 3200 to speak to a member of our personal injury team to discuss your potential claim in detail. This is free of charge.

WITNESS APPEAL – Caterpillar Tractor Company LTD

Browell Smith & Company represent the Estate of a gentleman who sadly passed away of asbestos-induced mesothelioma.

The Estate have confirmed that the Deceased was employed at Caterpillar Tractor Company LTD from 1965 / 1966 to approximately 1979.

Browell Smith & Company Solicitors are interested to speak to anybody who was also employed at the Caterpillar Tractor Company LTD around that time who can confirm any working environments to include working with or exposure to asbestos dust and fibers.

We would be grateful to speak to anybody who can provide any information to come forward as a potential witness.

Could you please contact Kirsty Dockerty on 0191 250 3213 or Kirsty.dockety@browells.co.uk