UNISON Legal Advice - University Hospitals Birmingham UNISON

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UNISON Legal Advice

Nursing Auxilliary gets compensation she deserved

A Nursing Auxlliary assaulted and seriously injured by a patient received over £42,000 criminal injuries compensation after a decade-long fight.

The UNISON member was off work for several weeks and could only return at a lower grade.

Her initial application to the Criminal Injuries Compensation Authority (CICA) was rejected because her injury was judged not to be serious enough to attract even the minimum award. UNISON supported her throughout her appeal. The first appeal hearing increased her compensation to £4,400 but this did not take into account her lost earnings.

UNISON solicitors Thompsons convinced the CICA appeal panel to reconsider her application on the basis if the difference in her earnings in the new post. The second appeal hearing awarded the injured woman her future losses and every penny of her lost earnings to date, as well as an increased amount for the injury itself.

Far too many workplace injuries happen as a result of violent crimes. In these cases it is often only possible to claim compensation through the CICA so it is important that members seek UNISON advice and support in doing this.

Call UNISON’s legal helpline on 0845 355 0845 or text phone 0800 096 7968

Pavement trip causes serious injury

thompsons_logo A FORMER NURSE from University Hospital Birmingham suffered a serious shoulder injury as the result of tripping on a defective pavement near her home. The injury has ended her career and resulted in her suffering severe pain. The local Council responsible for the pavement have admitted blame and Thompsons are now helping the member recover her lost earnings and compensation for her injury.

Had a car crash? Beware

UNISON member Mr Holliday asked the union for help after being injured in a road traffic accident inmay 2008.

But within days he was contacted by the defendants insurers who offered him £1,500 to “see an end to the matter”.

A rep from the insurance company even turned up at Mr Holliday’s home to try and encourage him to settle his case without seeking the advice of UNISON’s solicitors or seeing a doctor about his injuries. Rightly, Mr Holliday refused to deal with the insurers. He had already instructed UNISON’s solicitors Thompsons to deal with the case to pursue compensation for him. And Thompsons pointed out to the insurer that it should not have contacted their client directly.

Mr Holliday’s claim settled a few months later for more than double the amount offered by the insurance company. An increasing number of union members entitled to free and independent legal advice through their union are being approached directly by insurance companies trying to “buy their case off.” These approaches can be distressing and heavy handed, with insurance company reps ringing, writing and visiting accident victims to try to persuade them to settle their claim “without the hassle of lawyers”.

Solicitors approved by the insurers might also make contact and sometimes claim that union lawyers will charge members for their services. These approaches are harassment and should be firmly rejected.

In one case a union member with spinal injuries was offered a paltry £7,500. After several medical reports and operations she received over £35,000 with the backing of the union legal service. Free legal advice Union members are entitled to free, independent legal advice and representation.

They are under no obligation to settle with an insurance company or to use insurance company approved lawyers, which cannot claim to be independent.

Members are advised that they should seek legal assistance via the unions legal scheme in all cases. The service is completely free to members whatever the outcome of the case.

What Thompson's Solicitors Provide

Did you know?

As a UNISON Member you receive:

Free legal advice and representation on:

• Personal Injury at work (including assaults)

• Personal injury away from work

• Road traffic accident injury

• Holiday injury

• Slips and trips

• Industrial disease or illness

• Employment law accessed through your UNISON branch

Free legal advice for:

• Any non-work issues such as landlord disputes, neighbourhood

disputes, matrimonial and consumer issues

• Free Wills

• Criminal law representation (for work-related matters)

For UNISON Members and their families we offer:

Free legal advice and representation on:

• Personal injury away from work

• Road traffic accident injury

• Holiday injury

• Slips and trips away from work

• Industrial disease or illness incurred away from work

• Special terms for clinical negligence cases

• Reduced rates for conveyancing and family member Wills

Legal Helpline 0845 355 0845

Textphone: 0800 0967 968 Mon-Fri 6am-midnight

Sat 9am-4pm or the hard of hearing:

Mon-Fri 6am-midnight/Sat 9am-4pm

Legal Services

UNISON provides the broadest range of legal help to union members in the UK. We offer advice and assistance not just with work issues, but for you and your family outside the workplace too. Download a guide to UNISON legal services

Employment problems

UNISON boasts the largest number of local union reps, branches and officers in the UK. They're your first port of call for advice and support with problems at work. Where necessary they can refer your case to the regional office or UNISON's specialist in-house lawyers and trade union solicitors. For further information please see: Legal information for reps

Injury and accidents at work

UNISON has won more than £350 million in compensation for members involved in work-related personal injuries. This includes assaults, industrial diseases and accidents at work, on the way to or from work or on union business. Contact UNISONdirect on 0845 355 0845 for more details.

Accidents outside work

UNISON's personal injury service covers any accident which happens to you and your family outside the workplace, including:

Road traffic accidents
Accidents in the street
Accidents while on holiday
Disease cases
Slipping and tripping accidents.

Download leaflet with information on holiday accident claims in PDF format.

Online accident form

If you've had an accident on the job or outside work during the last three years you may be entitled to compensation. Your family may also qualify for injuries outside work. In case of accident or injury you can phone UNISONdirect on 0845 355 0845 or complete the online accident form.

Free initial legal advice

UNISON members can get free initial legal advice on any matter not related to work from UNISON's solicitors. This service entitles you to receive a 30-minute telephone interview. The service does not apply to advice on a legal action that you are already pursuing or cover Inheritance Tax issues. Members are not entitled to return for advice on the same issue under this scheme. Phone UNISONdirect on 0845 355 0845 for more details.

Work tenancy problems

You may be eligible for advice from UNISON's solicitors if you need to live in particular accommodation as part of your job or your employer has given you accommodation as part of the job.

Wills and conveyancing

Members can use our free wills service and are eligible for cut price conveyancing. Phone UNISONdirect on 0845 355 0845 for more details.

Criminal cases

Members get free legal represention if they face criminal charges arising out of their work. We can also represent members for road traffic offences if your job is at risk should you be convicted. You must contact your UNISON branch if you need to use this service. If you have any problem please phone UNISONdirect on 0845 355 0845.

Immigration

UNISON can provide advice or represent members who experience immigration problems that threaten their employment.

Medical negligence

UNISON offers a free initial screening service for members who have been affected by medical negligence.

Legal information for UNISON reps

If you are a UNISON steward looking for legal briefings and other information for activists go to UNISON Resources section.

Online solicitors' library

Thompsons solicitors' online library offers advice on all sorts of issues from problems with neighbours or goods to trade union rights, discrimination against lesbians and gays at work and clinical negligence: http://www.thompsons.law.co.uk

Legal services - a branch guide to what we offer

This branch guide outlines the legal services provided by UNISON. It is important that you are able to advise members about the extent of the legal services offered and this guide will help you do just that.
Download: Branch guide to legal services

University Hospitals Birmingham UNISON