By Danielle Newton. Last Updated 27th April 2023. This article offers information on when you could make an accident at work claim. We discuss the eligibility requirements as well as the steps you can take to support your potential claim, including gathering evidence and seeking legal advice.
Employers owe their employees a duty of care to prevent them from experiencing harm, either physically or psychologically, in the workplace or when performing work-related duties. We will explore the legislation that outlines the responsibilities they have to uphold as part of this duty of care and how an accident at work could occur if there is a failure to do so.
Additionally, we will discuss the compensation you could be awarded following a successful claim and how it’s often calculated.
Furthermore, we will discuss the benefits of working with a personal injury solicitor on a No Win No Fee basis.
For more information, please don’t hesitate to get in touch with our team of advisors. They can provide free legal advice 24/7. To get in touch, you can:
Frequently Asked Questions
- Who Could Make An Accident At Work Claim?
- What Evidence Do I Need For A Work Injury Claim?
- How Long Do I Have To Make An Accident At Work Claim?
- What Is The Most Common Accident At Work?
- What Is The Average Payout For An Accident At Work?
- Start Your No Win No Fee Work Accident Claim
- Learn More About How To Claim For An Accident At Work
Eligibility for an accident at work claim hinges on being able to clearly establish three main points.
The first is that your employer owed a duty of care to you at the place and time of your workplace accident.
The second is that your employer breached that duty of care.
Thirdly, you need to prove that you sustained an injury due to your employer’s breach of duty. This is known as negligence. If you can demonstrate that negligence has occurred, you may be eligible to make a personal injury claim for an injury you sustained in the workplace.
The duty of care employers owe is set out in the Health and Safety at Work etc. Act 1974 (HASAWA). As such, they are required to take all steps considered reasonable and practicable to prevent employees from experiencing physical or psychological harm in the workplace.
A failure to uphold this duty of care could lead to an employee sustaining an injury in the workplace. For example, an employee might slip and fall on a wet floor causing them to sustain a broken leg, broken ankle and shoulder injury.
Can You Make A Claim On Behalf Of Someone Else?
In some cases, a suitable person may apply to the courts to act as a litigation friend and put forward the claim on behalf of the injured person.
For example, if the injured person is under the age of 18, they cannot make their own claim. Similar, the injured person might lack the mental capacity to put forward their own claim.
To learn more about the eligibility criteria for starting a valid accident at work claim and whether you could claim on behalf of someone else, get in touch using the details provided above.
There are pieces of evidence that can strengthen a claim when seeking compensation after an accident at work. For example:
- CCTV footage of the incident
- Photos of the area or injury
- Medical evidence, such as GP reports or X-rays
- A copy of the incident report from the workplace accident book
- Contact details for witnesses who can provide a supporting statement
- A diary of your symptoms.
The injury at work solicitors on our panel could help you collect evidence and guide you through the different stages of the claims process. To find out whether you’re eligible to have them represent your case, get in touch with an advisor.
The Limitation Act 1980 states that normally there are three years for you to start a personal injury claim. This can start from the date of the accident or the time that negligence was identified. However, there can be exceptions to this time limit. For example:
- If the person has a reduced mental capacity to claim, the limitation period is suspended indefinitely. If no claim is made while the time limit is suspended, they will have three years to make their own claim from the date of recovery.
- If the injured person is under 18, the three-year period is paused. If no claim is made on their behalf before they turn 18, they will have three years from their 18th birthday.
How Long Does It Take To Claim For A Workplace Accident?
There is no set time frame for a how long it takes for a personal injury claim to settle. This can vary according to each case. For example, some of the factors that can affect the duration of a claim include:
- The complexity of the case
- Whether liability has been admitted
- Whether further evidence is needed
- If the claim needs to go to court
For more information on the time limits for starting an accident at work claim and how long it could take a claim to settle, get in touch using the contact details provided above.
Before we look at how much your accident at work claim could be worth, we are going to look at statistics for workplace accidents.
The Health and Safety Executive (HSE) provides statistics on workplace accidents and injuries in Great Britain.
In 2021/22, 61,713 non-fatal workplace injuries were reported by employers under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Only certain injuries must be reported under these regulations.
Per these reported non-fatal injuries, the most common accident at work was slips, trips or falls on the same level (30%). Some of the other most common workplace accidents were:
- Handling, lifting or carrying (18%).
- Struck by a moving object (11%).
- Acts of violence (9%).
- Falls from a height (8%).
Call our advisors today to see whether you could make a workplace accident claim if you suffered an injury at work.
General damages can form part of the settlement you receive following a successful accident at work claim. It aims to compensate for the pain and suffering you have experienced because of your injuries. Both physical and emotional injuries are taken into account as well as the impact they have on your quality of life.
Solicitors use a publication called the Judicial College Guidelines (JCG) as a way of valuing injuries. The JCG contains guideline compensation brackets that relate to different injuries. We have included these in the following table. However, these amounts are not guaranteed.
|Severity and Award Bracket
|(c) Moderate (i) – £150,110 to £219,070
|Cases of moderate to severe intellectual deficit, where there has been a personality change and senses have been affected. There is also a significant risk of epilepsy and no employment prospects.
|(c) Total or Effective Loss of One Hand – £96,160 to £109,650
|Cases where a hand was crushed and needed to undergo surgical amputation.
|Severe Leg Injuries (iv) – £27,760 to £39,200
|Moderate injuries including complicated or multiple fractures generally affecting a single limb.
|(b) Moderate (i) – £26,590 to £39,170
|Significant injury to the pelvis or hip. Any permanent disability is not major and the future risk of disability is not great.
|(b) Moderate (i) – £24,990 to £38,490
|Fractures or dislocations which cause symptoms straight away that are severe and may require a spinal fusion.
|(c) Less Severe Injury – £19,200 to £39,170
|Despite significant disabilities, a substantial degree of recovery will have taken place or is expected.
|(b) Moderate (i) – £14,840 to £26,190
|Injuries like dislocation, torn cartilage or meniscus damage that causes minor instability, wasting and weakness.
|(b) Moderate (ii) – £12,510 to £27,760
|Injuries including ligament and muscle disturbance leading to backache are covered in this bracket.
|(c) Moderate – £7,890 to £12,770
|Frozen shoulder with limited movement and discomfort persisting for around two years.
|(f) Wrist Injuries – £3,530 to £4,740
|Very minor undisplaced fractures or minimally displaced fractures are included in this bracket.
What Else Can You Include In A Claim?
Special damages can also form part of your settlement. It compensates you for the financial impact of your injuries. For example:
- Any loss or earnings
- Medical costs
- Travel expenses
- The cost of domestic care
It can be helpful to retain receipts, bills and statements that prove your financial losses.
For more information on the compensation you could be awarded following a successful claim, get in touch using the number above.
Our panel of solicitors offer a type of No Win No Fee agreement that could benefit you in several ways. The type of contract they offer is called a Conditional Fee Agreement (CFA) which typically means that there are no fees required upfront for the solicitor’s services. Furthermore, you also do not need to pay for their services as the claim moves forward.
A claim with a successful outcome means that a legally-capped percentage is deducted from the compensation payout. If the claim fails, this success fee does not need to be paid.
How To Contact Us About Starting An Accident At Work Claim
Please get in touch with our team if you would like to know more about working with a solicitor on our panel. They can also provide further information on whether you’re eligible to make an accident at work claim and the compensation you could be awarded if you succeed.
For more information, you can:
Below, we have provided some more of our guides related to accident at work claims:
- How long after an accident at work can I make a claim?
- How are personal injury claims payouts calculated?
- Office accident claims guide
Additionally, we have provided some external resources that you might find beneficial:
- Health and Safety Executive (HSE) – Workplace accident statistics
- NHS – First Aid
- GOV – Statutory Sick Pay
Thank you for reading this guide detailing when you could be eligible to make an accident at work claim. For more information, you can get in touch using the details provided above.
Article by EA