Q&A - Claims company has caused me problems at work.
Q: I contacted a claims company I had seen on television about a claim against my employers after being injured at work. Before I had even spoken to the solicitors they sent my claim to, a letter was sent to my employers which caused me huge embarrassment as I was negotiating a redundancy package at the time. Only when I got home later that day did I receive the initial paperwork from the solicitors with a copy of the letter to my employers.
I was shocked that the claims company had contacted my employers without me instructing them and I immediately contacted their solicitors to drop the claim. Can I do anything about this?
A: The solicitors should not have contacted your employers without checking the details of the claim with you, and the timing of the letter to your employers. They clearly forgot they were working for you and not the claims company! It is essential to prepare clients for uncomfortable situations that may arise at work once a letter is received there. Almost the worst thing that can happen is for a letter to arrive and the client not to know it was going to be sent out. Responsible solicitors always ask clients to check any letters of claim to ensure all the details are correct.
I would say the problem with your solicitor was definitely a case of more haste and less speed. You can make a complaint to the solicitors using their complaints process. Put your complaint in writing and send it to the complaints partner at the firm. As there is usually a three year time limit from the date of the accident you should contact new solicitors about pursuing the claim before it is too late.
Remember, a good solicitor will always ask for instructions and pursue the claim in accordance with those instructions.
Further information relating to this question is available from Robert Williams, a Partner with GHP Legal at Our Wrexham Office on 01978 291456. Robert is a member of the Law Society Personal Injury Panel; the Association of Personal Injury Lawyers and the Employment Lawyers Association or from Nick Kennan, a solicitor with GHP Legal Commercial and Civil Litigation department at our Oswestry Branch on 01691 659194.
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