Interim Payment For Accident at Work

[brian5662]

I am currently in the process of claiming compensation for an accident at work I had 3.5 yrs ago, the claim is still ongoing and only now are the insurers paying for my treatment, basically 3.5 yrs too late, during this time they have paid me £6,000.00 in interim payments the last being March 2009. As the treatment for my injury could last for 18months my solicitor has asked for another one to be made. I was told that they have served the court papers to the insurers as they have to do because of the 3 yr deadline if the case is still ongoing. It has now been 4 months since the papers have been served and still nothing has been put into place. I have heard that my solicitor can apply to the court for an immediate interim payment to be made. Is this right what I have heard or is the information wrong?
Thanks

[FindLaw_Brian]

Hi Brian,

Please can you tell us where the court action is taking place as the law varies depending on where you live. The law in England and Wales is the same, but Northern Ireland and Scotland have different rules.

Also, have the insurers accepted liability for your injuries?

- FindLaw Moderation Team

[brian5662]

Hi,

thanks for your reply

I live in England and the insurers admitted full liability in July 07

many thanks

[FindLaw_Nira]

The court may order an interim payment if, as in your case, the defendant has admitted liability.

Before making an application for such an order, however, the court will expect your solicitor to contact the defendant’s solicitor and request that they make a voluntary interim payment. Sometimes defendants are amenable to requests for voluntary payment since this may reduce the final award of damages and the level of interest they have to pay.

If the defendant refuses to pay, or disputes the amount that should be paid, you/your solicitor can apply to the court for an interim payment order.

To learn more about the litigation process in England and Wales, visit FindLaw’s Litigation Centre.

Good luck!

- FindLaw Moderation Team

[brian5662]

thank you for your reply.