This is a guide on if you can make a personal injury claim for an accident at work caused by a change in duties. As such, this guide will be based on making an accident at work claim, which is a branch of personal injury claims.
In order to succeed in any personal injury claim, you must establish that there was a breach of duty of care. We will examine what are employer’s responsibilities and how these are important when it comes to establishing liability.
Throughout the guide, the focus will move from duty of care to proving there was a breach through the use of evidence. Examples of evidence will be provided to give you a clearer understanding.
Further on in the guide, we will cover compensation figures provided by a source that is used by legal professionals when valuing personal injury claims for accidents in the workplace. To emphasise this, a compensation table will be provided to give you a better understanding.
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If you have been involved in an accident at work caused by a change of duties and want to know if you have a claim. Contact us for free using the choices below.
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- Our Guide On Claiming For An Accident At Work Caused By A Change In Duties
- How Could A Change In Duties Lead To An Accident At Work?
- Proving Your Employer’s Liability
- How Much Could You Claim For An Accident At Work Caused By A Change In Duties?
- Why Choose A No Win No Fee Solicitor For Your Work-Related Accident Claim
- Find Out More About Claiming For An Accident At Work
In order to make an accident at work claim, you must meet the eligibility criteria that sets out what employer negligence is.
Expanding on this, employer negligence is defined as a breach in their duty of care that leads to an injury. Under the Health and Safety at Work etc. Act 1974, each and every employer owes their workforce a duty of care.
An employer’s duty is to ensure they take all reasonable and practicable steps to prevent injury. If they fail in this duty of care, and this leads to an incident in which you suffer an injury, you could be eligible to make a personal injury claim for a workplace accident.
As such, you must satisfy these criteria:
- Firstly, prove the employer owes you a duty of care.
- Secondly, there was a breach of duty.
- Thirdly, this breach caused your injury.
Below are some examples of how an employer might act negligently:
- A failure to carry out sufficient risk assessments means that the risks are not being properly managed, for example, if you have been injured by an accident caused by broken steps at work.
- Failing to supply appropriate training to employees, for example, leading to an accident at work caused by no manual handling training.
- If you have not been provided with the correct personal protective equipment (PPE), such as goggles, and you have received an eye injury at work as a result.
To find out if you can make a claim for accident at work compensation, call our advisors now for free advice.
How Long Do You Have To Claim For An Accident At Work Caused By A Change In Duties
By and large, the standard claim time limit is three years from the date of the incident. To be clear, this time period is to begin your claim in, not conclude it and is outlined under the Limitation Act 1980.
However, should the claimant be mentally incapable, they would have three years from the date of regained capacity. Although, they are still able to sue using a litigation friend whilst in a state of incapacity.
In addition, children under the age of 18 would also be able to sue with a litigation friend or wait until their 18th birthday, in which the three-year claim limit would ensue.
Job tasks can change frequently, particularly in jobs that are ‘jack of all trades’. However, a change in duty is something that employers must implement appropriately in order to prevent accidents. If an employee is moving from one job to another or a change in duties, then the employer must ensure the employee is trained sufficiently and has the necessary PPE to do the job safely.
Here are some scenarios that could lead to a workplace accident.
- The failure to properly instruct someone about their new duties. The Health and Safety Executive (HSE) maintains that employers must provide training and information.
- Failure to risk assess, for example, an employee may be asked to take a more physical role such as manual handling, but due to a failure to risk assess, the employer is not aware of the employee’s back injury, which becomes worse with the change in duties.
- An employee changes duties which require PPE to do the job safely however, the employer fails to supply the correct equipment, which causes the employee to become injured.
In order to have the best chance of a successful claim, you should look to gather as much evidence as you can. Evidence is an important factor in any accident at work claim as it will be used to prove employer negligence.
Provided below are some examples of evidence.
- CCTV. Learn how to request CCTV footage of yourself.
- A diary containing your symptoms and treatment. This can show how the injury is affecting you mentally and physically.
- Medical records. After seeking appropriate medical care, you can use your medical records to emphasise the extent of your injury.
- Witnesses. Noting down contact details of potential witnesses.
- Accident at work book. You should fill out your work accident book, this can be used as a first-hand account of the accident.
During this section, we will provide information regarding claiming compensation, as well as provide some example figures based on the Judicial College Guidelines (JCG), a tool used by legal experts to value claims.
Before we get to the compensation figures, we will explain that there are two heads of claim. The primary head is known as general damages, this accounts for the direct physical and mental injuries suffered after an accident. The value of compensation will vary depending on the severity.
|Severe Neck Injury (i)
|In the region of £148,330
|Injury associated with paraplegia.
|Total or Effective Loss of One Hand
|£96,160 to £109,650
|Crushed and therefore surgically removed afterwards or where all fingers and most of the palm amputated.
|Severe Leg Injuries (ii)
|£54,830 to £87,890
|Injuries where multiple fractures haven taken years to heal.
|Severe Back Injury (iii)
|£38,780 to £69,730
|Disc lesions, fractures or severe injuries leading to chronic conditions.
|Total Loss of One Eye
|£54,830 to £65,710
|Amount dependant on age, psychiatric consequences and cosmetic effect/scarring.
|Wrist Injuries (a)
|£47,620 to £59,860
|Complete loss of function in the wrist.
|Arm Injuries Resulting in Permanent and Substantial Disablement
|£39,170 to £59,860
|Serious fractures of one or both arms with significant permanent residual disability.
|Elbow Less Severe Injuries
|£15,650 to £32,010
|Injuries causing impaired function.
|Moderate Knee Injuries (ii)
|Up to £13,740
|Less serious dislocation, torn meniscus or cartilage.
|Minor Hand, Finger, Thumb Injuries
|Up to £4,750
|Injuries recovering within six months..
To reiterate, these figures are taken from the JCG and are by no means guaranteed.
If you would like a claim valued, you can contact us for free today.
Special Damages In Work-Related Injury Claims
Simultaneously, you may also claim special damages. Special damages seek to recoup any financial losses that have been suffered as a result of your injury. Examples can include:
- Travel cost.
- Medical care.
- Loss of income.
- Future loss of income.
- Adaptations to home and vehicle.
You must provide evidence to support these, such as receipts, travel tickets, payslips and invoices.
Consequently, if you have been injured in an accident at work and are seeking to claim, you might want to consider a No Win No Fee solicitor. To explain, No Win No Fee solicitors work under something called No Win No Fee agreements. This is an umbrella term that covers Conditional Fee Agreements, which have many benefits.
To begin with, there will be no upfront fees required for the work of your solicitor.
If the personal injury claim following an accident at work caused by a change in duties is successful, your solicitor that is working under a CFA will take a percentage from the compensation as their success fee. The percentage that will be deducted from your compensation, will be agreed upon beforehand.
Not to mention that the percentage is legally capped, under the Conditional Fee Agreements Order 2013, meaning you can’t be overcharged.
If the claim is not successful, you will not be required to pay any solicitor service fees.
How To Contact Our Team
This section will provide more resources relating to claiming for an accident at work caused by a change in duties.
Read this guide to conveyor belt accident at work claims.
A guide on a crane accident at work
If you are worrying about being sacked after having an accident at work.
Information on a lifeguard workplace accident.
A guide on mental health compensation calculators.
Here are some external links:
NHS – First Aid.