Network Journal 2005 Issue 1

Usdaw’s Legal Plus service – the only legal advice members will need

Usdaw’s Legal Plus service is a straightforward accident claims system where members keep every penny recovered on their behalf.

In a recent report, the Citizens Advice Bureau exposed so-called 'no win, no fee' claims companies and the hidden charges which can wipe out compensation.

Make sure that all accident claims are made through Usdaw Legal Plus. Don't accept an offer from the company or their insurers without taking legal advice from Usdaw - such offers will almost certainly undervalue the claim.

If there is an accident at your workplace, do members know about Usdaw's Legal Plus Service?

Do they know about the wide range of legal help available and how to apply?

In this article we look at the scope of Legal Plus, and the role of Usdaw activists in ensuring the service is delivered quickly and efficiently.

If members are injured at work, it is vital that they involve Usdaw. An injured member may be able to claim compensation for the injury.

Worryingly we have seen a drop in the number of claims in the last year. We asked why some people do not claim. A few of the reasons given were:

• "I didn't think it was worth it."

• "I didn't want to bother the union and take up valuable resources."

• "My manager wouldn't like it."

• "It was partly my fault."

Don't let your members fall into any of these traps! Even what may seem like minor injuries can turn out to be more serious than you think - you lose nothing by claiming.

Claiming is no bother! Just fill in a yellow BL Legal Help Form and send it to Usdaw's legal department. Each year we deal with over 5,000 new accident claims, and send them straight to our expert solicitors to investigate. Making a claim is not a drain on Usdaw's resources.

Remember the claim is against the company's insurance, not the manager. Sometimes, management try to 'hide' accident figures to keep down costs - and that is at the expense of members who are injured. Report to your shop steward and the Usdaw legal department if anyone in management ever tries to block an accident claim. Hiding accidents doesn't help Usdaw improve safety.

Even if a member is partly to blame, they should still make a claim. Let Usdaw's solicitors sort out whose fault the accident was.

In the real world, accidents happen. If a member is injured because of someone's fault, they can seek compensation.

The message for activists is simple - when there is an accident, make sure it is reported, properly investigated, and a claim form goes off to Usdaw. Shop stewards and health and safety reps should be ready to help make the claim successful. It's a team effort.

Claim Through Usdaw - Fast!

Members should make sure they send their accident claims to the legal department as quickly as possible using a yellow BL application form. Write a letter if you don't have a form.

We have heard too many frightening stories of members injured at work either making no claim or going to a so-called 'no win, no fee' solicitor and getting a really bad deal. Don't let that happen in your workplace! An injured person generally has three years to start a personal injury claim in the courts, but the sooner the accident is reported to the Union, the sooner we can get things moving. The quicker we act, the less chance there is of evidence being destroyed, records going missing, or witnesses forgetting what happened.

Spot Those Cases!

Not every incident can result in compensation for a member, but we are sure lots of accidents go unreported.

That means workplaces remain unsafe, and our members remain at risk of further injury.

So make sure that under your system:

• Members report all accidents and near-misses to an Usdaw health and safety rep or shop steward.

• All incidents are recorded in the accident book.

• All incidents are properly investigated.

• Injured members complete and send off Legal Help Application Form BL1 to the legal department promptly.

• Members and witnesses are supported throughout the claim.

Telling Members About Legal Plus

What shop stewards and activists tell their workmates is the most effective way of underlining the importance of Usdaw membership and the value of its services. So activists should make sure they are clued-up about Legal Plus. The Legal Plus Representatives' Handbook is a must. So is the Legal Plus - looking after you and your family leaflet.

New Members' Inductions

Legal Plus is a key benefit of Usdaw membership and is a valuable recruitment tool. Activists should use company induction sessions to highlight Legal Plus and distribute the leaflets that set out the wide range of benefits.

Don't forget the long-standing members. It is important to keep them up-to-date on the benefits of Legal Plus, which is improving all the time. Activists should ensure that everyone is reached including part-time staff and those on different shifts.

Make sure your notice board contains information about Legal Plus. There are a number of booklets, leaflets, and posters available (some are free) and can be ordered from the stationery department.

Success Stories

Success stories can be very useful in underlining the benefits of Usdaw membership and Legal Plus.

Maximise the success stories in your workplace or branch. Involve members with positive stories in your recruitment campaigns. Consider making a presentation of the cheque at a branch or workplace meeting.

Put press cuttings about Usdaw wins on the notice board and make sure Arena is effectively circulated.

We asked a cross-section of members who had used Usdaw's Legal Plus service about their experience - here's what they said:

'I had excellent legal advice' - Warehouseman Wayne Singleton, awarded £36,000

'Without Usdaw I'd have given up' - Checkout operator Carol Bryan, awarded £34,000

'I couldn't afford to claim on my own' - General assistant Stephen O'Connor, awarded £20,000

'The union's help was invaluable' - Cashier June Hallett, awarded substantial compensation

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© 2003 (USDAW) Union of Shop, Distributive and Allied Workers
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