Legal aid FAQs - employers liability claims

Q1.   How do I make an application for an employer’s liability claim?

You will need to make an application to representation higher. Depending on the estimated value of the case you will need to select which court tier you are seeking a certificate for. 

For guidance on how to submit an application request in LAMS, refer to Section 16.0 of the LAMS Supplier Manual and ‘Submitting an application’ in the Instructional Videos.

Q2.   What information do LSANI require?

Please provide the following:

  • Dates of all incidents.
  • A full statement from the applicant describing the events which give rise to the claim, including a description of the client’s employment.
  • Details of any earlier accidents or warnings which might have put the employer on notice of any risk.
  • Detailed statement from solicitor identifying any legal issues, including any likely problems or inconsistencies in the applicant’s case and any issues of contributory negligence.
  • Details of any union membership and whether union support is available to support the claim.
  • Details of any alternative remedy or alternative sources of funding.
  • Details of the proposed defendant(s) and if he/she is insured in respect of the claim.
  • Response of other party, confirmation if liability has been accepted and details of any settlement offers.
  • Summary of client’s medical treatment – including explanation of any delay in seeking treatment or any inconsistencies in medical reports.
  • Details of any ongoing medical treatment e.g. physiotherapy.

Q3.   What documentation should I provide with my application?

We will require:

  • Employer accident report.
  • Any engineer or other relevant expert report.
  • Photographs or diagrams of the site of the accident.
  • Relevant interparty correspondence.
  • Medical evidence to include notes of first attendance and any relevant GP notes.
  • Medical reports.
  • Witness statement(s) if applicable.
  • Copy proceedings (if same have issued).

For guidance on how to upload a document in LAMS, refer to ‘Uploading a document’ in the Instructional Videos.

Q4.   What type of certificate will I receive?

Generally, the Agency will limit the certificate to certain steps in proceedings so as to minimise the exposure of the fund in the early stages of the case. Often certificates will be initially be limited to issue and service of pleadings, discovery and inspection or limited to issue and service of pleadings, discovery, inspection and obtaining an engineer’s report. When a limitation has been exhausted you should follow the amendment request process to seek either a further limitation or a full certificate.

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