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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Virginia Workers Compensation Denied: The Important Questions

If your comp claim was denied for Virginia Worker's Compensation, then as an injured worker there are some questions you need to ask about the denial of your claim. The insurance company letter will typically say your work place injury & accident is "not compensable" under the Virginia Workers' Compensation Act. You need to ask yourself the following questions:

1. Did you injure yourself in a specific accident or was it a gradually occurring problem (such as tendinitis)?

2. Did you report it to a supervisor immediately and was an Accident Report filled out the day of the accident or at least within two to three days after the accident?

3. Did you immediately go to a doctor or an emergency room that day or at least the following day?

4. If you slipped and fell at work, do you know what caused the fall such as water on the floor, a slippery carpet, etc.?

5. Was there a witness who can confirm your accident and is he or she willing to come forward?

6. Were you under the influence of any drug such as marijuana, cocaine or alcohol at the time of your accident (Many employers will give an injured employee a drug test)?

7. Were you doing a work activity at the time of the accident or were you on a personal mission or errand?

8. Were you the victim of horseplay by a fellow employee?

9. Were you the victim of a personal assault by a fellow employee or someone else who was a stranger to the employment?

10. Did your injury occur as a result of an ordinary activity such as bending, stooping, reaching, etc.?

11. Did you injury occur as the result of a fight with a co-worker or your boss?

12. If you fell on a stairs, did you slip as the result of poor lighting, water on the stairs, other substance on the stairs, bad carpet, etc.

If your denial involves any of the above circumstances, then you should not talk to the insurance company but rather you should talk immediately to an attorney who specializes in Virginia Workers Compensation. You can check my article, "How to Choose the Best Virginia Workers Compensation Attorney." Knowledge of your problem is your best weapon.

Copyright 2006, Jerry Lutkenhaus. ALL RIGHTS RESERVED

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus is a practitioner of Workers' Compensation law in the Richmond, Virginia area for over 30 years He was given an "AV" rating by Martindale- Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see our web sites at http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com or call Jerry Lutkenhaus at 804-358-4766 for a free consultation on your claim.

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