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Underestimating work-place injury compensation is still surprisingly common

April 24, 2012

The present government’s attempts to restrict legal aid and the provision of “no win no fee” personal injury services is partly rationalised on the premise that the amount of compensation that road traffic accident and workplace accident victims get has been far too high.

This flies in the face of past surveys of those who have been injured who are much more likely to underestimate the amount that they are likely to receive than the other way round.

A good example of this underestimation is a YouGov survey completed in 2009, which showed that 90% of workers who had received injuries in a workplace accident for which they were not at fault thought they would receive less than the amount that was actually possible.

When injured workers were asked how much they thought they might receive in compensation for a broken arm or leg in a workplace accident nearly half gave an estimate which was less than a third of what would be a realistic figure for a successful compensation claim through an experienced personal injury solicitor. Just over 60% of those surveyed gave an estimate which was about a third less than the realistic amount.

Similar estimates, which were all underestimates, were given for a hypothetical situation in which somebody had broken a leg.

There is no evidence that the situation has changed at all in the last three years.

The figures contradict the claim that there is a “compensation culture” amongst today’s workers and in fact, point to the fact that many of those who are injured are not at all confident of their legal situation and are just as likely to avoid any confrontation with their employer. This might be not only because they are unsure of who was to blame for an accident but also because they are worried about losing their job.

Lamb & Co personal injury solicitors are experts at pursuing workplace accident cases on behalf of workers who have suffered an injury at work. We urge any worker who has suffered an accident and received an injury as a result to contact a personal injury solicitor to review their situation.

We would like to stress that despite some of the press reports recently about the legal aid bill currently being amended in the House of Lords that the “no win no fee” service that we provide is still alive and well. It is designed to allow all people who are injured in an accident for which somebody else is to blame to be able to receive legal assistance for a compensation claim which is fair and just in their particular circumstances.