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No Win No Fee Agreements (also known as 'Conditional Fee Agreements') replaced legal aid as the main system of funding work injury compensation claims in 2000. Whereas legal aid was funded by the taxpayer, the No Win No Fee_system essentially transfers the financial risk involved in making a claim onto the firm of solicitors who agree to represent the injured party. Under the terms of a No Win~ No Fee Agreement a successful claimant will normally keep 100% of any damages awarded, with no deductions. The solicitors fees will be paid by the losing party to the claim. Where a claim is unsuccessful, the solicitor will not be paid, and will bear the associated costs (though they will normally have taken out insurance to cover this eventuality). Proponents of the No Win` No Fee system argue that it has had many beneficial effects beyond saving taxpayers' money. Essentially it has widened public access to legal services, as those claimants who previously did not meet the requirements for receiving legal aid, and were subsequently deterred by the potential costs of a failed claim, can now proceed on a risk and cost-free basis. In terms of injuries at work, this has had the knock-on effect of incentivising employers to enforce health and safety standards in the workplace, rather than face a rising number of claims from injured employees. The latest figures point to the ongoing success that the No Win No Fee system has had in driving up standards. The Health and Safety Executive (HSE) reports that 151 workers were killed between 1 April 2009 and 31 March 2010 compared to 178 deaths in the previous year, and an average number of 220 deaths per year over the last five years. The number of reported major injuries at work has also declined at a similarly consistent rate over the same period. Those involved in workplace accidents should seek the advice of specialist No Win No-Fee work injury solicitors, rather than a Claims Management Company (CMC). There are several reasons for this. Firstly solicitors firms are regulated by the Solicitors Regulation Authority, which imposes strict standards of practice on its members. Claims Management Companies are comparatively unregulated, and hence often less transparent in their sales practices and fee structures. Secondly solicitors firms employ lawyers who are experts in particular areas of work injury law. One specialist solicitor will normally handle a case from start to finish, and provide a single point of contact during the claims process. The proliferation of Claims Management Companies over the past ten years and the collapse of several of the industry giants should be enough to make potential claimants think hard before engaging their services. Compensation awarded to successful claimants will normally consist of two parts: 'general damages' and 'special damages'. General damages are intended to compensate injured persons for pain and suffering, as well as the negative effects that an injury has had on their general quality of life. Special damages are intended to meet the financial costs associated with the injury. This includes the cost of medical treatment and loss of earnings due to time off work. In both cases, a specialist No Win No Fee" work accident solicitor will be best placed to provide advice that will help maximise these awards.
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