Serious accident involving horses?Your guide to compensation

Without the compensation I

gained from Royds Withy King’s help, I

wouldn’t have got as far as I have.

“”Minnie Hall,

Horse accident client

About this guide

1. Welfare advice: Racing Welfare and the Injured Jockeys Fund2. Immediate concerns and practical issues following an injury 2.1. Your job 2.2. Your home 2.3. Your life and emotional support 2.4. Finances and avoiding debt 2.5. Benefits3. Healthcare 3.1. The NHS 3.2. Private care, rehabilitation and paying for it4. Claiming Compensation 4.1. Making a claim against your employer 4.2. Your rights as an employee 4.3. What will it cost? – Funding your case 4.4. Finding the right Solicitor 4.5. Time limits 4.6. Confidentiality 5. The law – Liability. Is someone responsible to pay compensation? 5.1. Animal cases 5.2. Cases that do not involve animals 5.3. The myth about “accepting the risks” of your job 5.4. Contributory negligence6. Compensation Awards 6.1. Types of compensation 6.2. Interim Payments 6.3. Compensation Protection Trusts7. Accidents abroad8. Fatal Accidents 8.1. Coroners 8.2. Probate9. Prosecutions and HSE Investigations10. Racing Industry Accident Benefit Scheme RIABS11. Useful Contacts12. Jargon buster/glossary

The purpose of this guide is to provide you with advice and guidance on dealing with the

immediate and long term aftermath of an accident that has resulted in you or somebody close to

you suffering injury.

Over the following pages you will find advice and information on subjects that may give you

concern.

There is also advice on who to contact and how to contact them if you may need to speak to

somebody.

Care has been taken to ensure that the advice in this booklet is helpful but it is for general

information and you should take advice about your own situation.

”

1. Welfare advice: Racing Welfare and the Injured Jockeys Fund

The horseracing industry has two well known charities which offer support at times of accident

and injury. These are Racing Welfare and the Injured Jockeys Fund (IJF). These charities advise

people nationwide.

The services of Racing Welfare are available to employees and former employees of the

thoroughbred horseracing and breeding industry, and their families.

The IJF provides help to jockeys and former jockeys and their families.

Other organisations are also able to provide advice (see section 11 Useful contacts).

The two racing charities have advisers who will assess an individual’s circumstances and develop

a plan that empowers the person to address their situation and support them as needed.

Common topics for advice include:

• Debt and Benefits

• Accidents and injuries

• Illness and disability

• Mental health issues

• Addiction support

• Relationships and bereavement

• Housing and homelessness.

Advice given by the racing charities is confidential and non- judgemental.

Racing Welfare and the IJF may be able to help fund, or seek funding for, rehabilitation from

injury, mobility aids, adaptions to properties, or re-training,amongst a wide range of support.

The charities’ work is dependent upon generous donations from individuals and organisations.

2. Immediate concerns and practical issues following an injury

2.1. Work life

Suffering any injury will have some consequences and a serious injury can have a massive

impact on your ability to work and earn a living, or enjoy your life.

It may be that you are unable to return to work for some time, whilst you recover and undergo

rehabilitation. In some circumstances, your injuries can be so severe that a return to work is not

possible. This booklet aims to provide advice in these circumstances.

In such cases, you should seek advice. The welfare advisers of the charities will provide impartial

guidance and may recommend that you seek legal advice.

2.2. Your home

Many injured workers live in accommodation owned by their employer.

Even if there is no agreement in writing every such tenant has rights including protection from

eviction. What your rights are will depend on your particular arrangement and your employment

situation. It is important to take advice if you are concerned.

If you have difficulty meeting rent or mortgage payments see section 2.4.

2.3. Home life and emotional support

Suffering an injury can have an emotional impact on the injured person and their family. It

is perfectly normal to feel a range of emotions including sadness, apprehension, anger and

frustration. For some people these problems can overtake physical injuries.

You may spend a great deal of time in a specialist hospital receiving care and rehabilitation.

Alternatively, you may be able to come home relatively quickly. It is natural to feel an initial

struggle in a home environment. You may look forward to returning home in the hope that

things will return to normal. However, in some cases it can soon become apparent that there will

be long-term implications and that adjustments will need to be made. This can be a challenging

time and the importance of finding the right support cannot be underestimated. For example, it

may be that some form of counselling or therapy could be helpful. Alternatively, it is often the

case that support groups can help enormously.

Help and support is available for both you and for members of your family who may be affected

by the consequences of an accident. If you require help and support you should consider

speaking to your GP or one of the charitable organisations listed in this guide (see section 11).

2.4. Finances and avoiding debt

Financial difficulties are a major cause for anxiety. If you are registered stable staff working for a

licensed Trainer you may be entitled to payments in lieu of your wages under the Racing Industry

Accident Benefit Scheme (RIABS). Other staff may have company sick pay, but this is very unlikely

to cover overtime or bonuses that you may previously have been earning. For more details about

RIABS see Section 10 of this booklet and speak to your Welfare Officer or NARS.

RIABS – remember there is a 3 month deadline to make a claim after injury.

If you have an entitlement to statutory sick pay (SSP), this is likely to be paid via your employer,

however it is unlikely to be paid indefinitely. If you are self-employed, your situation is likely to be

worse if you are unable to work.

In the immediate aftermath of an accident, it is understandably very easy to lose control of

finances. If you are responsible for paying the mortgage, rent or any household bills, consider

telling your landlord, mortgage company and utilities providers about your situation as soon as

possible. They may be willing to suspend payments for a time or sort out a more flexible payment

scheme for you. The most important thing is that you do not simply stop paying your bills as this

may lead to you facing an eviction notice or civil enforcement action.

There are small steps that can be taken to minimise your outgoings, for example, if you signed

up for gym membership or an expensive phone contract, it may be that your provider is willing

to suspend your contract for a set period of time or even terminate it. (However, you should not

take such action without first speaking to the people concerned or a debt adviser.)

Try not to let financial problems overtake your life – share your concerns with a trusted adviser

and agree a plan of action together.

2.5. Benefits

In all cases, it is very important that you check whether there are any state Benefits that either

you or your family members caring for you are entitled to claim. Many people do not claim

because they do not know they are entitled. Being injured may qualify you for additional benefits.

The Benefits system may seem overwhelming especially at times of crisis. A charity can offer

you empathy, support and advice to guide you through this process. Everyone’s case is different

and people may need to claim benefits for a variety of reasons, such as to cover periods of

unemployment, sickness, accident, disability etc.

For help with benefits concerning housing (rent and mortgage) and council tax you will need to

contact your local District Council.

The Government’s website www.gov.uk offers advice about claiming Benefits. Alternatively, the

Citizens Advice Bureau (CAB) may be able to assist you. Some charities may also have dedicated

Benefits advisors to assist you in ensuring that you claim all the Benefits to which you are entitled.

3. Healthcare and rehabilitation

3.1. The NHS

The National Health Service exists to provide medical care for those that need it. This might

involve stays or visits to hospital or your GP.

If you are injured you become a focus of attention for your doctors. It is normal and sensible for

you to be interested and involved in your care. Getting on well with your doctor or nurse can

make a positive difference to your health.

During a meeting with your doctors, don’t be afraid to ask questions. Ask for important words to

be written down and explained, take notes or ask someone else to take notes for you.

Questions you can ask your doctor:

• What improvement is normal?

• When?

• Why am I not improving as expected?

• What rehabilitation might be best?

• How much rehab can I obtain in the NHS?

• Would I get better rehab if I could pay privately?

• How do I find out more about my condition?

• Is there any new equipment that might help me manage day-to-day. If so, how do I get it?

• What are the results of my tests and what do they mean for me?

Most people receive good medical care. Like everyone, doctors and other healthcare workers can

have difficult days. They are experts but that does not mean they always make the right decisions.

You know yourself best and sometimes may need to explain to your doctor if you are not happy

with advice that has been given to you.

3.2. Private care, rehabilitation and paying for it

The best and quickest treatment for your injury might not be available in the NHS.

Investigate with your doctor whether you could obtain better care or rehabilitation privately.

This includes operations in a private hospital with your choice of surgeon. It also includes

physiotherapy and other rehab. It is often possible to claim the cost of private treatment in a

claim for compensation. Your solicitor will advise you if it is possible to include treatment costs in

your claim.

Insurance companies realise that supporting you can reduce their compensation bills. If they

admit liability they will commonly agree to pay for treatment. This is a good reason to avoid

delaying a compensation claim.

RIABS will pay for dental fees but you must register your accident claim within three months.

4. Claiming compensation

If you have been involved in an accident, you may wish to investigate the possibility of a

compensation claim. It may help to provide you with financial security.

You do not have to make a claim for compensation if you do not wish to. This information will

help you understand whether you are able to do so if that is what you decide. It is important to

speak to a solicitor to get advice in your case because every case is different.

4.1. Making a claim against your employer

Many people find it difficult to make a claim against their employer. This could be out of respect

or fear about the consequences.

If you have doubts the following points may be helpful.

• Your employer should have insurance and the reason is to pay compensation to injured

people.

• Whilst the claim for compensation is sent first to your employer, after that it will be dealt with

by their insurance company and your solicitor.

• You do not necessarily have to blame your employer (see section 5.1 the law).

• You must not be fooled into believing that you “knew the risks and accepted them.” Many

people will say that but that is not the law (see section 5.3 the law).

• As an employee you have rights to prevent you from being sacked and from losing your

accommodation (see section 4.2 your rights as an employee).

• If you are sacked your loss of earnings might be claimed in compensation for the accident.

• Confidentiality. It is not inevitable that anyone will find out about your claim (see section 4.6

confidentiality).

• Your sense of duty to your employer may be outweighed by your losses. Any loss of income

can have a very serious impact on you.

• Would your employer make a claim if the roles were reversed?

Remember - after 3 years your right to claim is extinguished.

Do not find that it is too late to make a claim and wishing you had done so. Discuss a possible

claim with a solicitor at an early stage and weigh up the options before you decide what you

want to do.

4.2. Your rights as an employee

As an employee you have rights not to be sacked without good reason. Nor should you be

treated unfairly at work. Being injured or making a claim for compensation is not a good reason

to dismiss an employee or treat them unfairly. If you are seriously injured you may be protected

by disability discrimination law.

If you have any issues with your employment situation, you may wish to contact NARS or the

Citizens Advice Bureau (CAB) or a solicitor.

4.3. What will it cost? Funding your case

The first concern for many people considering an accident claim is that they may have to pay for

legal advice.

All good solicitors will offer no win – no fee agreements.

If your claim is unsuccessful, you should not have to pay any costs.

If your claim is successful some of the solicitor’s costs are paid by the insurers on top of

compensation but, typically, some costs are deducted from your compensation. This should be

explained to you before you decide what you want to do.

To guard against the risk of having to pay your opponent’s legal costs insurance cover is usually

arranged without any up-front charge to you. Your solicitor will explain this to you.

If you consult a solicitor and they ask you to pay their fees for your claim, you should be very

sceptical and ask why the claim cannot be pursued under a no-win no-fee agreement.

4.4. Finding the right solicitor

You do not need a solicitor to make a claim for compensation but it is advisable.

There are many good solicitors but there are many solicitors who are not appropriate to deal

with your claim. In some cases a poor choice of solicitor could seriously damage your claim. The

following points may help you choose the right solicitor for you:

• You are free to choose your own solicitor no matter what anyone might tell you

• You can change your solicitor if you lose trust in them. In most cases a new solicitor can take

over your claim without difficulty

• Choose a solicitor who specialises in personal injury

• Check that the solicitor is used to dealing with the type of injury you have suffered

• Expertise in equine work is bound to help.

• Many lawyers do not understand the law concerning accidents involving animals

• Many adverts you see are from middle-men who ‘sell’ the cases to various solicitors

• If your solicitor says that you do not have a good claim consider getting a second opinion

• Ask people you trust to recommend a good solicitor.

There are many organisations that can assist you in locating an appropriate solicitor, for example

the Law Society; APIL (the Association of Personal Injury Lawyers); or the Spinal Injuries

Association (SIA) to name a few. You will find that many solicitors say that they are specialists, but

do not actually have the experience or expertise to deal with serious accidents and life changing

injuries.

4.5. Time limits

If your accident happened in the UK the time limit for bringing claims is usually 3 years.

If you were under 18 at the time of the accident you must make your claim before you are 21.

What happens if a claimant lacks “legal capacity”? If the claimant does not have the capacity to

manage their affairs or to make their own decisions, the limitation period will run indefinitely.

Capacity is something that would need to be assessed by a qualified medical practitioner and

you should therefore never assume that there is an indefinite amount of time in which to make a

claim.

The best advice is to investigate your options as soon as possible. Avoid the risk of losing your

right to make a claim.

4.6. Confidentiality

You may be concerned about people talking or gossiping about your case. You should be assured

that your charity adviser and your solicitor should keep the case confidential. In other words they

will not discuss it with anyone unless you authorise them to do so.

It is not possible to guarantee that the defendant will not gossip about you but it rarely happens.

Many people worry about their case “going to court” and becoming public knowledge. It is true

that court cases are in theory public. However it is very rare for the public to find out about them.

It is obviously up to you who else you discuss your case with. You may wish to keep things

private.

5. The law – liability. Is someone responsible to pay compensation?

Liability means responsibility. It is not enough that you were hurt in an accident. In order to

bring a claim for compensation, you need to show that someone else is responsible to pay

compensation for your injury.

You will be known as the claimant and the person who may be responsible to pay compensation

is known as the defendant.

5.1. Animal cases

In many accidents involving any animals it is not necessary to blame anyone. This is a deliberate

peculiarity of animal cases and it means that insurance companies will pay compensation simply

because the animal has behaved dangerously and even though it is a normal animal.

5.2. Cases that do not involve animals

In other cases you may need to show that someone was to blame for your accident.

Blame can very often be obvious. For example, if you are driving your car and someone drives

into the back of you, then they may have been driving too fast or perhaps they were not paying

attention. Either way, they were careless and their carelessness has caused you to be injured.

They are to blame for your accident.

In other cases, blame may not be so obvious. For example, if you are injured at work picking up

a heavy load, then you may think it is your own fault. However, your employer may well be in

breach of legal obligations governing how much it is safe to lift or you may not have had proper

training on correct lifting techniques. That is why it is important to get proper legal advice on the

question of whether you have a claim.

5.3. The myth about “accepting the risks” of your job

Whether you are employed or self-employed, your boss is not permitted to argue that you knew

the risks and accepted them. You should not think that you cannot claim because an accident

was just “one of those things.”

It is different for people who are not paid for their work although you need specialist advice on

the question because even in those cases is not easy to say which claims will succeed and which

will not.

5.4. Contributory negligence

One question you may be asked is whether you did anything that may have caused or

contributed to your injury. This is because if the defendant can show that you were partly to

blame for your own accident, the amount of compensation they or their insurers have to pay

to you might be reduced. Lawyers call this contributory negligence. In other words, your own

carelessness contributed to the accident.

A good example is failing to wear a seatbelt. The defendant may have collided with your car

because he was driving carelessly. He is therefore to blame for the crash. However, if you were

not wearing your seatbelt, then the amount of compensation you will receive is likely to be

reduced by 25%. This is because your injuries are often more serious if you do not wear a

seatbelt.

Another good example is walking too close behind a horse and the horse kicks and injures you.

You may still be able to claim compensation but the compensation could be reduced by a third

or half.

You will see that if it is decided that you have contributed to the accident you can still

recover some compensation even if it is not 100% of your losses.

6. Compensation awards

Compensation is designed to put the claimant in the position they would have been in had the

accident not occurred. Obviously it is never actually possible to do that for someone who has

suffered a severe and life changing injury. The only form of compensation available under the

current system is financial compensation. Whilst it is impossible to put a price on someone’s

health, the courts and indeed solicitors must do their best to attempt to value a claim taking into

account physical injuries, future care and other needs, lost earnings and a host of other potential

losses.

Every case is different. Your case is personal to you and what compensation is appropriate for you

may be quite different to another case.

6.1. Types of compensation

Pain, suffering and loss of amenity (General Damages)

Money cannot possibly compensate you for the injuries you suffer and people have different

ideas about what is appropriate.

Awards for this element of the claim are based on Court guidelines and previously decided cases

of a similar nature.

Financial loss (Special Damages)

This category of compensation is designed to cover all financial losses that you have already

suffered or will suffer in the future as a result of an accident. This can include:

• loss of earnings

• loss of pension

• the cost of care – looking after you

• medical treatment

• adapting your home

• specialist aids and equipment etc.

Future financial losses often form the largest part of a claim, particularly in severe injury claims.

Your solicitor will need to ensure that, insofar as possible, the level of award is sufficient to meet

any future loss of earnings and the future cost of care and other medical and non-medical

expenses that are likely to be incurred as a result of the accident. In large cases, it is likely that you

will also need advice from an Independent Financial Advisor (IFA) regarding the investment of

compensation and this is something that your solicitor should discuss with you.

Depending on the level of compensation and other factors, compensation can be paid in two

different ways. In addition to receiving a lump sum it is sometimes appropriate for part of a

compensation award to be converted into what are known as periodical payments. These are

index linked annual payments and are particularly helpful to ensure that there is sufficient money

to pay for ongoing care and other expenses for life.

6.2. Interim payments

If the liability to pay compensation is admitted you will be entitled to a payment of part of your

compensation in advance. An interim payment can help with rehabilitation costs and debts.

6.3. Compensation protection trusts

If your personal injury claim is successful and you expect to receive a substantial compensation

award, you should investigate the possibility of setting up a compensation protection trust

which are often called personal injury trusts. This is an arrangement which is approved by the

Government and is designed to protect the compensation paid to a victim. If money is put in

a trust, it is effectively ring fenced and protected, should the recipient, for example, go through

a divorce. Trusts also ensure that awards of compensation are not taken into account when an

individual is being assessed for state benefits.

If you think about making a claim and researching solicitors, you may want to consider

instructing a firm of solicitors who can also deal with the trust that you may later need.

7. Accidents abroad

If you have an accident abroad, it is still possible that you will have the right to seek

compensation.

Depending on the country in which you were injured, there may be very different requirements

for pursuing a personal injury claim, to those in the UK. For example, there may be a different

limitation period, i.e. the period of time within which you can pursue a claim. Or they may have

other essential pre-requisites to pursuing a claim, for example reporting the matter to the police

or obtaining immediate medical attention.

Depending on the circumstances of your accident, you may be able to pursue your personal

injury claim in the UK, or alternatively, it may need to be pursued in the country where the

accident occurred. In any event, you should seek specialist legal advice without delay to ensure

that your position is protected.

RIABS may also assist with medical and repatriation expenses (see section 10).

8. Fatal accidents

Tragically, some accidents result in the death of the victim. It may be possible for the spouse,

partner or other family and dependants to claim compensation.

There are a number of different possible claims following a fatal accident, and eligibility to pursue

these different types of claim depends on the individual circumstances. If you were financially

dependent on the deceased and their income, then a claim can be made for this “dependency”

for the number of years it would have been maintained. Financial dependency can also include

the contribution that the deceased person made to the running of your household, for example

in caring for children, and more generally running the home. A claim will usually include funeral

expenses.

You may need advice on RIABS death in service payments or pension entitlement.

8.1. Coroner’s Inquest

After a violent or unnatural death, or a sudden death where the cause is unknown, the local

Coroner will have the right to enquire into the nature of the death. This enquiry will take the form

of an Inquest, and the Coroner will examine the witnesses on oath to try and obtain relevant

evidence to establish how, when and where the deceased died. It is prohibited for a Coroner to

express an opinion on any other matter, and the coroner’s verdict will not answer any questions

in relation to whether anyone has any civil or criminal liability. An Inquest is not about guilt, and

the Coroner will not attempt to apportion blame.

An Inquest is a public hearing, and you should be aware that representatives of the press and

members of the public are entitled to be present.

Should you wish to have representation at an Inquest, you are entitled to instruct a solicitor who

is likely to charge a fee. It may be that fees can be paid by some BTE legal expenses insurance

policy or other membership or charity, which the solicitor can help investigate.

8.2. Obtaining Probate

In many cases, the executors of a deceased person require a Grant of Probate to enable them to

administer and distribute the estate, i.e. divide up the assets. If the deceased was ‘intestate’ (there

is no will) a different kind of Grant is required to deal with the estate. In any case, you may wish to

seek a specialist solicitor to do the legal work for you or advise you how to do it yourself.

9. Criminal prosecutions and HSE investigations

Many serious accidents at work should be reported to the Heath and Safety Executive (HSE).

Some accidents lead to Police or HSE investigations. You should remember that even if a criminal

prosecution is unsuccessful or there is no criminal prosecution, there is still every chance that a

personal injury compensation claim would be successful.

If you would like any information about the procedure involved speak to the Police or HSE or to

your solicitor.

10. Racing Industry Accident Benefit Scheme

RIABS is funded by contributions from employers and employees.

If you were eligible, but were not actually registered for RIABS then consider taking advice about

a breach of your terms of employment.

The Professional Riders Insurance Scheme (PRIS) is a similar scheme established for professional

jockeys.

10.1. Weekly benefits

RIABS replaces some or all weekly wages to workers who are off work following accidental injury

at work or commuting to and from work.

10.2. Lump sum payments

The scheme also includes a lump sum payment if your injury prevents you going back to work

and in the case of death, arising from a work accident or commuting to and from work.

10.3. Dental expenses

RIABS will pay a limited sum towards dental expenses.

10.4. Foreign expenses

The scheme also pays towards medical and repatriation expenses for employees travelling abroad

with their horses for a UK trainer.

Copies of the scheme rules are online and sources of information include:

• Trainers

• The National Trainers Federation

• National Association of Racing Staff (NARS)

• Racing Welfare

• The Injured Jockeys Fund

11. Useful contacts

Injured Jockeys Fund / www.ijf.org.uk / 01638 662 246

Racing Welfare / www.racingwelfare.co.uk / 0800 630 0443

APIL (Association of Personal Injury Lawyers) / www.apil.org.uk

CAB - Citizens Advice Bureau / www.citizensadvice.org.uk

Carers UK – a community providing benefits & services for family carers / www.carersuk.org

CPAG – Child Poverty Action Group, help with benefits / www.cpag.org.uk

Headway – for people with head injuries / www.headway.org.uk

Age UK – advice & info including benefits / www.ageuk.org.uk

Job Centre Plus – info on all government benefits / https://www.gov.uk/contact-jobcentre-plus

National Association of Racing Staff / www.naors.co.uk

National Trainers Federation / www.racehorsetrainers.org

Nationaldebtline.org free advice on dealing with debts / 0808 808 4000

Pension Advisory Service – help with personal, occupational & state pensions / 0800 011 3797

Samaritans Telephone / 116 123

SIA (Spinal Injuries Association) / www.spinal.co.uk

Shelter – housing & homelessness information / www.shelter.org.uk

Step Change for free debt advice / www.stepchange.org / 0800 138 1111

Turn2us.org benefits calculator and database of grant giving charities

Government benefits website / www.gov.uk/browse/benefits

Most providers have helpful websites which can be found via Google.

12. Jargon buster / Glossary

Acronyms

ATE – After the Event legal expenses insurance

BTE – Before the Event legal expenses insurance

CPS – Crown Prosecution Service

CFA – Conditional Fee Agreement

HSE – Health and Safety Executive

Other terms

Barrister – specialists who are instructed by solicitors to speak in court or provide advice.

Claimant – the person making a claim for compensation.

Compensation Protection Trusts – also known as Personal Injury Trusts they are a legal tool to

ring-fence compensation. Amongst other benefits it ensures that compensation payments do not

affect means tested benefits.

Contributory liability – your share of responsibility for an accident.

Damages – compensation

Defendant – the person against whom a claim for compensation is made. The Defendant will

normally be represented by an insurance company.

Lawyer – an umbrella term for anyone who works on legal cases including solicitors and

barristers as well as non-qualified people.

Liability – responsibility for payment of compensation.

Quantum – the value of your compensation claim in money.

Solicitor – a person who is qualified and regulated and insured to conduct your case for you.

Royds Withy King LLP is a limited liability partnership registered in England and Wales with registered number OC361361. Royds Withy King LLP is authorised and regulated by the Solicitors Regulation Authority. The term partner is used to refer to a member of the Royds Withy King LLP or an employee or consultant with equivalent standing and qualification. A list of members is available at the registered office 5-6 Northumberland Buildings, Queen Square, Bath BA1 2JE. Information contained in this communication does not constitute legal advice. All statements are applicable to the laws of England and Wales only.

If you have any more questions for our team, or would like to find out more about making a claim for compensation, please contact us today.

t: 0800 923 2068e: pi.enquiries@roydswithyking.com