Are you looking into accident at work claims after sustaining an injury in the workplace that was not your fault? Are you unsure of which steps to take next? Our guide and our team of advisors could help you. We can provide detailed guidance on how to make a workplace injury claim, how much compensation you could receive, and how No Win No Fee agreements work.
Our advisors are always on hand, 24/7, to provide free legal advice with no obligation. To find out more, read on or get in touch by:
- Calling us on the number above
- Using the live chat feature located on the bottom right of this page
- Contacting us directly through the website
Choose A Section
- What Is A Workplace Accident?
- Am I Eligible To Make An Injury At Work Claim?
- Accident At Work Compensation Examples
- No Win No Fee Accident At Work Claims
- Learn More About Accident At Work Claims
What Is A Workplace Accident?
A workplace accident can occur in a number of ways. It may happen as a result of improper manual handling, a slip and fall due to wet surfaces or, in potentially more serious situations, can occur due to the improper storage of dangerous substances.
Your employer has a legal responsibility to look after you to a point that is reasonably possible. This is called a duty of care and is highlighted specifically in the Health and Safety at Work etc. Act 1974. This requires employers to provide safe environments, such as well-lit and well-ventilated workspaces, as well as giving them the responsibility to ensure that good housekeeping is practised.
Other pieces of legislation support this, such as The Personal Protective Equipment at Work Regulations 1992 and The Control of Substances Hazardous to Health Regulations 2002. These require safety equipment such as goggles, steel toe boots, and hard hats to be supplied where necessary, and for hazardous materials to be stored and handled safely.
Employers also have the responsibility to report certain accidents, incidents and near-misses. This is covered by the Reporting of Injuries, Diseases and Dangerous Occurrences Reporting 2013 (RIDDOR). RIDDOR aims to reduce the chance of accidents happening in the workplace to ensure future safety.
Duties of care must be fulfilled. If the breach of this duty directly leads to an injury, your employer could be liable for negligence. This could mean you are eligible to claim.
If you think you may be able to seek compensation but are unsure, speak to our advisors today about accident at work claims.
Official Accident At Work Statistics
Accidents at work may be more common than you thought. According to health and safety statistics provided by the Health and Safety Executive (HSE), 693,000 were injured at work in Great Britain for the period 2019/20 as reported in the Labour Force Survey.
However, only 65,427 were reported under RIDDOR, which requires certain serious work injuries to be reported. More severe is that 142 people were killed at work in 2020/21.
These figures may serve to demonstrate that workplace accidents are not few and far between — it could happen to you. Indeed, if it has and you are interested in following up any accident at work claims, speak to our advisors today for more information. If you have a valid claim, they can connect you to our solicitors who could prove vital in the outcome of your case.
Am I Eligible To Make An Injury At Work Claim?
Eligibility to make an injury at work claim is dependent on a few factors. For example, if your employer took every possible precaution to ensure accidents wouldn’t happen, your claim may not be eligible. Personal injury claims also do not cover “acts of God” or an at-fault accident, such as if you trip over your own feet due to your own negligence.
However, if an accident was found to be both you and the employer’s fault, you can still claim for split liability. This means that you can still receive compensation, but you would receive less as you were partially at fault.
It could be wise to collect evidence in order to support your claim.
When your accident first occurs and you have received medical attention, you may be able to use your medical notes as evidence. These are not always fully detailed but can form a starting point that shows you received help for your injury.
When you are well, you can collect items such as CCTV footage, photography, or contact details from eyewitnesses so their reports can later be used for statements. In accident at work claims, evidence like this can be vital.
Next, you will be obliged to attend a medical assessment. This is nothing to worry about: an independent medical professional would check your injuries and create a report. What’s more, our solicitors can arrange for it to be held locally to you.
The resulting report can be used to judge how much compensation you could receive for your injuries. It can also be used as evidence of the severity of your injuries and causation.
How Long Do You Have To Claim For An Accident At Work?
There are time limits, or time bars, involved with accident at work claims.
Under the Limitation Act 1980, you generally have three years to make a claim. This starts from either the date of your injury or the date you gained awareness of negligence causing your injury. This is known as the date of knowledge.
For occupational diseases, such as mesothelioma or asthma that you may contract as a construction worker, the latter time limit would be likely to apply.
If you suffered your injury as a child, the time limit commences when you reach the age of 18. Until that time, you can have a litigation friend appointed to make a claim on your behalf. This could be a solicitor or a close family member, for example.
If you lack the mental capacity to claim, the time limit will not start until you regain capacity.
You may be unsure of how much time you have left. For more advice on the time bar involved with accident at work claims, speak to our advisors today for more guidance.
Accident At Work Compensation Examples
Below, we have provided a table depicting example compensation amounts that you may be able to receive for accident at work claims. This has been based on figures in the Judicial College Guidelines. These guidelines are used by solicitors to help them value injuries.
While this table can be useful, it does not account for the specific details of your own claim. To find out how much you could receive, speak to our advisors today for the most relevant information on your case.
| Injury | Nature of incident | Possible compensation |
|---|---|---|
| (b) Paraplegia | The amount you could potentially receive depends on age, life expectancy, any impact to sexual function, as well as how much pain you are in. | £205,580 - £266,740 |
| (A) Brain Damage (c) Moderate Brain Damage | This bracket may involve a change to personality, sight and speech, as well as what can be a severe effect on intellect. | £140,870 - £205,580 |
| (B) Post-Traumatic Stress Disorder (a) Severe | Where the injured person has been unable to work. All aspects of life have been badly affected. | £56,180 - £94,470 |
| (A) Injuries Affecting Sight (d) Total Loss of One Eye | The amount of compensation possible here depends on cosmetic damage, age and any consequences for mental health. | £51,460 - £61,690 |
| (A) Chest Injuries (b) | Where there has been a traumatic injury to the lungs or chest, but can also affect the heart. This will cause a detrimental effect to life expectancy. | £61,710 - £94,470 |
| (I) Bowels (d) | Where there has been a severe injury to the abdomen which has now caused impaired function of bowels. In some cases, a colostomy is needed. | £41,850 - £65,440 |
| (L) Hernia (a) | In this bracket, you would see a continuing level of pain and a limit to the physical activities you can do. | £13,970 - £22,680 |
| (A) Neck Injuries (b) Moderate (ii) | Here, you would expect to see an injury to the soft tissue caused by a wrenching injury. This can cause limited movement as well as stiffness and discomfort. | £12,900 - £23,460 |
| (B) Back Injuries (a) Severe (iii) | In this bracket, there would be evidence of lesions to the discs which can cause discomfort, lessened agility, and a reduction in sexual function. | £36,390 - £65,440 |
| (F) Other Arm Injuries (c) Less Severe Injury | Here, there can be disability to a significant degree, but the injured party will be expected to recover to a good level. | £18,020 - £36,770 |
The above table relates to general damages, which refers to compensation for injuries diagnosed by a doctor. These injuries can be physical, mental, or emotional.
There is another head of claim called special damages. This refers to any monetary losses that have been sustained as a result of your accident, such as lost wages or travel fees to the hospital.
Hold onto receipts and payslips to support your special damages claim. Without these, you may not receive the full amount of compensation you are owed.
If you think you could be owed general or special damages, speak to our advisors today for more information.
No Win No Fee Accident At Work Claims
You may be interested in the idea of accident at work claims if you have sustained an injury in the workplace that was caused by your employer’s negligence. However, you may be nervous about the legal fees involved in funding the services of a solicitor when starting a claim.
If this is you, then No Win No Fee may be a good option for you. This is an agreement between you and a solicitor where you pay no solicitor fees at the start of a claim, during, or in the event of a loss. If you win, the success fee to the solicitor would be a small percentage of the settlement.
To find out if No Win No Fee is right for you, get in touch with an advisor today. Not only are they available 24 hours a day, but they also provide no-obligation legal advice for free. On top of this, they can also connect you to a solicitor from our panel to assist you with your case. Don’t delay. Find out what we can do for you today. Get in touch by:
- Calling us on the number above
- Using the live chat feature located on the bottom right of this page
- Contacting us directly through the website
Learn More About Accident At Work Claims
We have more guides that could be helpful to you.
Request CCTV footage of yourself — UK Government guide on how to gain CCTV footage for use as evidence in your claim.
Statutory Sick Pay (SSP) — UK Government guide on a benefit you can claim to support yourself if you are off work.
Back pain — An NHS guide to back pain and what to do if it occurs.