Moffat & Co Solicitors

Moffat & Co Solicitors
Accident Compensation Claim Solicitors Scotland
PO Box 28287
0131 662 6988
0131 667 8175

MASS Motor Accident Solicitors Society

Moffat & Co Solicitors Over 25 years of experience at your service

Accident At Work Scotland

Does claiming for an accident at work black ball your future?

As we stagger into 2010 with a world recession still proving difficult to beat, everyone is worried about job security. During times like this when companies are keen to make cutbacks and 'downsizing' is on the cards for almost every organisation, many people are too frightened to rock the boat, just in case their job is on the line. So if you have an accident at work and make a claim, can it damage your career?

The power of fear

The idea that making a compensation claim against your employer for an injury suffered as a result of his or her negligence is a frightening prospect. Not only does the victim have the worry of not being able to work for some time due to the injury, but there is also the concern in the back of their mind that any legal action could lead to recriminations later on.

However, the truth is that very few people experience harassment at work or any kind of retribution after making a legitimate claim for compensation. Employers understand that there is a legal entitlement for employees to bring a compensation claim if an injury at work was the result of a lack of care on the part of the company. Consequently, victimisation is rare and under the Health and Safety at Work Act (1974) it is illegal to harass or bully an employee for any reason, including making a claim.

Some victims also feel that there is some kind of social stigma attached to making a claim against an employer and automatically assume that their colleagues will see them as an opportunist, out to make a 'fast buck' off the poor, cash strapped employer. Again, this is not the case. A genuine accident deserves genuine compensation, and most claims made for accidents at work are made by people who have suffered real pain and hardship as a result.

Who actually deals with your claim

When you make a compensation claim against an employer, it is rarely the employer who actually foots the bill. Unless they have let their liability insurance lapse, it is the insurer who deals with the claim, not the employer. If there has been a clear case of negligence resulting in an injury, then the Health and Safety Executive (HSE) may take action against the company. But as far as the claim itself is concerned, it is often the case that the employer has no actual direct contact with your specialist solicitors at all.

Most victims who claim compensation for an accident at work find that their employers are, if anything, extremely supportive of their actions and genuinely concerned for their welfare. A preventable accident isn't a blot on the victim's character. It can act as a 'wake up call' to an employer and highlights a genuine problem that has resulted in a member of their organisation suffering an injury. By bringing a claim for compensation, the victim is actually helping the employer to improve their duty of care to all staff and preventing the same accident from happening to someone else.

Making a claim against an employer does not damage your career. It is designed to ensure that you receive the compensation you deserve for an injury that wasn't your fault. It also acts to put a spotlight on an unacceptable situation that the employer can then resolve and protect other workers from suffering the same fate. As long as that claim is righteous and justified, it can actually improve your working conditions and those of your colleagues on a day to day basis something that every decent employer should be striving for anyway.

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My case was dealt with personally by Stan Moffat and what a brilliant guy. His office contacted me personally by telephone at the start of my claim to explain who they were and what they would be doing for me. All through the case I was kept fully informed of all actions either by e-mail or by letter and reassured by Stan several times of any queries I had.

It is very seldom that a solicitor will take the time to speak personally at any time with you without getting run through secretaries etc. I commend this man for that as this was a very upsetting and important time for me and he did everything in his power to make this as easy and as swift as possible for me.

I highly recommend the service that this firm brings and the speed that they move at.

J McMahon

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