FAQs after an accident at work

February 22, 2017By BPS Family LawBlog

Sefton Kwasnik, Partner, Serious Injury/Medical Profession, Defence and Inquests, delivers a guide on FAQs regarding workplace accidents.

Have you had an accident whilst at work? If you have, it’s important to know what your legal rights are regarding compensation and retaining your employment.

Here’s a helpful guide about what you need to know if you’ve been in a work-related accident.

What to do if you’ve been in an accident at work

You should immediately:

  • Make sure you seek medical advice from your GP or hospital at the earliest opportunity, explain to them exactly how you were injured and ensure that the required amount of medical care needed is provided e.g. a trip to the hospital.
  • Try to make sure that the accident has been properly recorded, both by the employer and by you. Make sure the ‘accident book’ or your work’s equivalent recording source is filled in – this should be held by all employers, and will be proof of your accident.
  • For your own purposes, make a note of any witnesses in the area and any equipment or machinery being used at the time.
  • If you are absent from the workplace, ring in and confirm the position by letter or email at the earliest opportunity.

Can you claim for loss of earnings?

All businesses are required to have employee liability insurance in case of an accident, meaning any claim will go through the company’s insurance policy. If a mistake by your employer has happened and you have been injured as a result, you are entitled to receive compensation.

How long do I have to make a claim?

There is a standard limit within the UK of three years when making a work-place accident claim.  If after three years you decide you want to take action, your case may be considered time-barred and you won’t be able to carry through with your claim.

If the accident has happened to a young person (18 or under), you have until the day before their 21st birthday to make a claim.

We would advise making the claim as soon as you are aware that your workplace is the reason behind your accident, as it’s easier to prove the link between the accident and the injury.

At BPS Family Law, we work closely with people who have been in workplace accidents. We offer practical advice along with a compassionate approach. Our aim is to achieve the best possible outcome for our clients.

If you’re looking for a lawyer to help you with any of the issues mentioned above, then you can get in touch with Sefton at [email protected] or by telephone on 0161 834 2623 or 078 3663 0889.

How to protect your financial assets is you are going through a divorce

February 22, 2017By BPS Family LawBlog

Caroline Swain, Partner, Matrimonial and Family Law provides a guide on how to protect your assets if you are facing a divorce.

If you are getting a divorce or ending a civil partnership, particularly an acrimonious one, you will need to act fast to ensure your assets are protected. Here’s a helpful guide to ensure you know how to protect your assets when you’re going through a divorce.

Property

If your home is owned in your spouse’s sole name, you can register your interest in the home to make sure it can’t be remortgaged or sold without your knowledge.

If your spouse owns property which is not the family home, you may be able to register a ‘restriction’ at the Land Registry. This is particularly useful if you’re going through a hostile divorce, in which you think your partner may try to sell the property or secure debt against it.

If the property is held in joint names with your spouse as “joint tenants”, you may want to change the way it’s owned. By changing how it is owned you can prevent ownership transferring to your spouse in full should you die before the divorce, or before the dissolution has been finalised.

Businesses

If you feel like your marriage may be breaking down, make sure you do not transfer assets out of the business, as this will be seen as a strategic move and be detrimental to you. In family court, you’re required by law to make full financial disclosure prior to your divorce settlement. If you’re caught out trying to transfer assets, it could be considered as an attempt to avoid your spouse’s financial claims. The Family Court will not look kindly on this, and you could be held accountable of litigation misconduct. By going through the divorce process legally and fairly, you are in with a much greater chance of achieving a fair and sensible settlement.

Pensions

Do your homework –  Find out exactly what type of pension(s) you have, and what the laws pertaining to these are. You should make enquiries as to the CETV for each of your pensions at an early stage as it can take many weeks for pension providers to provide this information. It might be useful to get some professional help from a pension advisor if you have one.

What to do if a spouse tries to hide assets

Courts have great powers available to ensure that there is full financial disclosure in every case. If one or both of the parties to a divorce are found to be hiding assets, they can penalised by being ordered to pay the other side’s legal costs.

If it comes to light that all assets were not disclosed, the case can be reopened and a different order can be made. Equally, courts have the power to get assets back after they have been transferred, should the need arise.

If you’d like to find out more about how to protect your assets during a divorce and the options available to you then you can get in touch with Caroline at [email protected] or by telephone on 0161 926 1430.