If you’re asking yourself, “I’ve had an accident at work, what should I do?” then this guide could help you. The purpose of this guide is to provide you with the necessary information you may need when wanting to pursue a personal injury claim.
We will explore what could cause workplace accidents and the eligibility criteria that must be met in order to make a personal injury claim after suffering an injury at work.
As well as this, we will touch on an employer’s duty of care and how employer negligence could be the cause of your injuries. We will look at what evidence could be gathered together to provide strength to your potential claim.
Reach out to one of our advisors to see if you have a valid accident at work claim. If so, you may be connected to our panel of expert personal injury solicitors.
For more information:
Browse Our Guide
- When Am I Able To Claim For An Accident At Work?
- If I’ve Had An Accident At Work, What Should I Do If I Want To Claim Compensation?
- What Accident At Work Compensation Could I Receive?
- How Could A Workplace Accident Be Caused By Employer Negligence?
- Claim On A No Win No Fee Basis Using Our Panel Of Workplace Accident Solicitors
- Learn More About Claiming For An Accident At The Workplace
Accidents happen in workplaces daily however, this does not mean all that are injured could make an accident at work claim. To be eligible to claim, your injuries or harm suffered must be caused by your employer being negligent.
All employers owe their employees a duty of care, to ensure that they take reasonably practicable steps to ensure their safety and health while they are at work, this is outlined in The Health and Safety at Work etc. Act 1974, which is a legal requirement that employers must adhere to. As such, you are only eligible to make a personal injury claim if you can demonstrate that:
- The employer owed you a duty of care at the time of your accident
- The actions or inactions of your employer breached this duty of care
- The breach of duty caused you to sustain your injuries
You may be wondering, “I’ve had an accident at work, what should I do?” so let us help you. Please contact one of our advisors today to see if you may be eligible to pursue a claim after suffering a workplace accident.
When making an accident at work claim for the harm you have suffered, you will need evidence that shows this accident was caused by your employer’s negligence and evidence of what injuries you suffered. Examples of useful evidence include:
- Footage from CCTV that captured the accident
- Photographs of your injuries and the accident site, if possible
- Medical records, which may include X-rays or scans. For example, if you suffered an eye injury in a construction accident you may have gone to a hospital for treatment.
- The contact details of any witnesses who may be willing to provide a statement at a later date
- An entry in your workplace accident book
- A diary that has been kept to illustrate your physical and mental health after the accident. This can include treatments, symptoms etc.
Along with helping to build your case, a personal injury solicitor from our panel can assist you in gathering evidence. For more information, please don’t hesitate to get in touch.
When an accident at work claim is successful, you may be granted up to two heads of claim. The first is general damages. General damages compensate for the pain and suffering you have endured as a result of your injuries. However, the severity of your injuries and the impact they’ve had on your quality of life will all be taken into account when your case is valued.
The Judicial College Guidelines (JCG) is often used by legal professionals, such as solicitors. This document supplies an extensive list of injuries, alongside their severities and accompanying compensation guidelines brackets. The table below displays examples for you to see. As all cases are unique, these figures are for guidance only.
Compensation Guideline Table
|While amputation isn’t necessary, the injured party won’t be left much better off if it was
|£96,250 to £135,920
|Less Serious (ii)
|Simple fracture to the femur that doesn’t cause any damage to articular surfaces
|£9,110 to £14,080
|Injuries don’t necessitate an amputation but the injured person is left a little better off than if the arm had been lost
|£96,160 to £130,930
|There will have been significant disabilities but a considerable recovery will have taken place or is to be expected
|£19,200 to £39,170
|Damage to the spinal cord and nerve roots with severe pain and disability
|£91,090 to £160,980
|Disturbance to ligaments and muscles with backache
|£12,510 to £27,760
|Injuries are associated with neck injuries. Damage is caused to the brachial plexus
|£19,200 to £48,030
|Frozen shoulder with limited movement and persistent discomfort lasting around two years
|£7,890 to £12,770
|Injuries are consistent with a crush, sometimes leading to amputation to one or two toes (not the great toe)
|£13,740 to £21,070
|Relatively straightforward fractures or laceration injuries to one or more toes
|Up to £9,600
Special Damages When Making An Accident At Work Claim
In addition to general damages, you may receive special damages. This reimburses you for any losses that you’ve experienced financially as a result of your injuries. These financial losses may include:
- Travel expenses to hospital appointments
- Loss of earnings
- Amendments to your home or car, if necessary
- Medical costs
To potentially receive this head of claim, you need to prove your financial loss that you’re wanting to claim back. Evidence of these losses can include payslips, receipts, invoices etc. If you need any more information related to “I’ve had an accident at work, what should I do?” get in touch with one of our advisors using the contact information above.
Employer negligence occurs when employers breach the duty of care they have for their staff. Below are some examples of scenarios in which employer negligence can result in accidents and injuries in the workplace.
- Not using safety signage. For example, if you slip and fall on a wet floor that doesn’t have a warning sign and you injure yourself, then your employer may be liable. You may experience a broken leg as a result.
- Inadequate training. For example, if an employer doesn’t provide adequate manual handling training and you sustain a back injury whilst attempting to carry an object that was too heavy for you, your employer can be liable for your manual handling accident.
- Faulty work equipment. For example, you use a set of ladders that your employer knows are broken but hasn’t got around to removing them from the workplace, and you fall and sustain a broken bone. This could be considered a form of employee negligence.
Our panel of personal injury solicitors all work on a No Win No Fee arrangement, so you don’t have to pay any up-front fees for legal representation. Further advantages of No Win No Fee arrangements include:
- You don’t have to pay any fees while your claim progresses
- If your claim is unsuccessful, you don’t have to pay the solicitor for the work they have completed on your claim.
If your claim wins and you are awarded a settlement, your solicitor will take a small, legally-capped percentage from the compensation as their success fee.
If you need more assistance to answer the question “I’ve had an accident at work, what should I do?” then please don’t hesitate to get in touch. Our advisors are ready to help 24/7 and can connect you with a personal injury solicitor if you have a valid claim.
For more information:
We have included useful links to some of our other guides:
Helpful external resources:
GOV.UK- Request CCTV Footage
GOV.UK – Statutory Sick Pay