Personal Injury - Who Pays Compensation?

After the rapid introduction of claims management companies during the 1990s, it has become increasingly common for people to make "no win no fee" personal injury claims. However, there is still some confusion as to what constitutes a claim and who pays the compensation. Many believe there is a magical compensation pot from which personal injury compensation is taken and worry that, by making a claim, they will be taking money from people who may deserve it more. This is not the case as we will now discuss

The two most common types of accidents occur on the road or in the work place. For information on other types of accident or injury, including medical negligence, accidents in the home etc. please visit The National Accident Helpline.

Motor personal injury claims (injuries obtained in a road accident) account for the majority of personal injury claims. In fact, approximately 62% of people who are injured in a road traffic accident (RTA) are eligible to claim compensation. Whiplash is by far the most common injury caused in RTAs, with 250,000 cases being reported each year.

If an injury is caused by another driver, then their insurance will cover damages owed to a claimant. Similarly, if a RTA was caused by the bad conditions of a road then the Highways Authority will be required to pay compensation as it is their duty to maintain the roads. You will usually not be eligible for a claim if your accident was caused by a pedestrian or cyclist as they are not legally required to have an insurance policy to protect themselves against such incidences.

Although in recent years work related injury claims have decreased, almost half of all accidents still occur in the workplace most of these coming from the construction sector. Injuries at work can be as minor as a sprained ankle from slipping on an unclean surface. If you think you may be eligible to make a claim then complete an online claim form

Many victims of work related accidents will not make a claim for fear that they will either lose their job or suffer negative repercussions at work as a result. These fears are unjustified as employers are legally required to have Employers Liability Insurance to cover such occurrences. To qualify for compensation following a work related injury, a claimant must be able to prove that the accident was caused by an employers failure to ensure you can carry out your work safely.

If you still have questions regarding a compensation claim, please see our Frequently Asked Questions page

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