Looking for legal representation after an accident at work?
Help is at hand. According to gov.uk there were over 600,000 work place injuries that resulted in no loss of life during 2023/24. This means that thousands of people find themselves searching online for legal assistance each year.
Here’s the thing though…
The majority of those people have no idea whether they should be searching for a solicitor or a barrister. Legal terminology can be confusing as it is. But when you’re nursing a workplace injury, last thing you want to be worrying about is legal jargon.
The good news? It’s not difficult to understand the difference.
What you’ll learn:
- Solicitors vs Barristers: What’s the Difference? –
- Which type of lawyer do you need? –
- Work accident compensation solicitors –
- Making a claim for an injury at work
What Is A Solicitor?
The solicitor is who you’ll deal with initially.
If you had to imagine one lawyer to deal with all aspects of your legal case, it would be a solicitor. They are the first point of contact. They will attend meetings with you. They’ll write all the necessary legal paperwork. They’ll negotiate with the other party. Work accident compensation solicitors will manage your entire claim from start to finish.
So yes. Your go to legal representative for an accident at work is a solicitor.
An example being; P.A. Duffy & Co. Solicitors (Northern Ireland) are specialist work accident compensation solicitors. Managing every element of clients’ claims from beginning to end.
Some key takeaways on solicitors:
- Meet with you in person
- Collect medical evidence
- Negotiate compensation amounts
- Deal with all legal paperwork
- Represent their clients in lower courts
As of February 2024 there are 199,000 solicitors currently practicing within the United Kingdom. Which means in Northern Ireland alone there are roughly 2,500 solicitors split across multiple specialisms.
Impressive right? Don’t forget there are also barristers to consider…
What Is A Barrister?
Barristers job is very different.
Think of Barristers as highly trained professionals that represent clients on your behalf in court. They provide legal opinions in complex cases. They specialise in courtroom advocacy. And they wear ridiculous looking wigs and robes when speaking to a judge.
Some key differences with barristers:
- You typically will not meet a barrister until instructed by a solicitor
- Barristers represent their clients in the higher courts
- They will prepare solid legal arguments on your behalf
Northern Ireland is home to around 600 practising barristers. Which is a lot less than solicitors. Barristers typically operate from a shared workspace called The Bar Library. There are no set offices like you’ll see with solicitors.
Solicitors vs Barristers: What’s the Difference?
Allow me to explain this to you simply…
The difference between a solicitor and a barrister lies in what each does. And when you’ll need them to do it.
Solicitors will deal with you from day dot. They take your initial call. They obtain your medical records. They negotiate with the insurers. They prepare your entire case. That’s what solicitors do.
Barristers are only involved if your claim goes to court. They represent your best interests in front of a judge.
Similar to how you may hire a builder to construct your home. But only call in a plumber when a specialised task is required.
You see… On average 75% of personal injury claims are settled without the need for a trial or hearing. So the chances are you’ll never even deal with a barrister.
Which Lawyer Should I Use?
If you’re looking to claim compensation for your injury at work, you need a solicitor.
Let me explain why this is so important…
Work accident compensation solicitors are qualified lawyers that specialise in dealing with workplace injury claims. They will handle your claim from start to finish. Informing you every step of the way. They will obtain all your evidence. Speak on your behalf with your employer’s insurance company. And fight to get you the maximum amount of compensation you deserve.
You need a solicitor when:
- You have been injured at work through no fault of your own
- You wish to claim compensation from your employer
- You need to negotiate a settlement
- You require legal representation relating to a work accident
You may need a barrister if:
- Your case ends up going to trial in a higher court
- You require a second legal opinion for complex matters
- Your solicitor refers your case to a barrister
Bear in mind that very few work accident claims ever make it to court. Which means that you’ll only ever need to deal with a solicitor.
Work Accident Claims: The Basics
Need a quick refresh? Okay…
If you have been injured at work through no fault of your own, you are able to claim compensation from your employer. By law, your employer has a duty of care to ensure your safety when at work. If they fail in this duty, and you become injured as a result; you can claim.
Examples of common workplace injuries:
- Trips
- Falls
- Manual Handling Injuries
- Being Hit By Objects
- Falling From Height
- Machinery Accidents
The process for making a claim is straightforward.
Step 1: Get In Touch With A Work Accident Solicitor
You’ll start your claim by contacting a solicitor specialising in workplace accidents. They will be able to advise you on how much compensation you could claim. And what you’ll need to do to prove your claim.
Most solicitors offer a free initial consultation. So have no worries there.
Step 2: Gather Evidence
Your solicitor will ask you to gather up any evidence you have. Medical records, photo’s of the accident. Witness contact details. Anything you have will be used to build your case.
Step 3: Letter of claim
Your solicitor will draft a Letter of Claim. This is sent to your employer. Their insurance company will then have 30 days to respond.
Step 4: Negotiation
Almost all claims are settled during the negotiation stage. Your solicitor will aim to reach a fair settlement with your employers insurance company.
Step 5: Court
Very few claims ever make it this far. But if yours does; your solicitor can refer you to a barrister should you need to take your claim to court.
Simple right? Now take a look at your legal rights after an accident at work…
Your Legal Rights After An Accident At Work
Something else to bear in mind…
When you’re employed by a company. That company has a legal responsibility to ensure your safety whilst on the job. If they don’t, and you become injured due to their negligence. You’re allowed to claim compensation from them.
Work related injuries that are claimed after an accident at work:
- Slips, Trips and Falls
- Manual Handling Injuries
- Being Struck By Objects
- Falls From Height
- Machinery Accidents
They can all happen to you. But it doesn’t mean you should suffer due to another’s negligence.
If your employer fail to:
- Provide a safe working environment
- Offer adequate training
- Maintain your work equipment
- Ensure floors aren’t slippery
And you become injured. You’re allowed to claim compensation from them.
Finding The Right Legal Help
Your choice in legal representation can make all the difference.
Do your research when looking for legal help. Check they specialise in workplace injury claims. What is their success rate? Do they work on a no win no fee basis? How will they keep you updated?
These are all important questions to consider when instructing a legal professional to handle your claim.
Wrapping Things Up
Remember solicitors are the legal professionals that you’ll deal with directly. They will guide you through your work accident claim every step of the way. Barristers are typically only involved when cases are complex and end up going to trial.
When making a claim for an injury at work you only ever need to deal with a solicitor. So find a reputable law firm that specialises in workplace accidents and start your claim today.
Don’t leave it too long though. Time limits apply to personal injury claims in the UK.
