After suffering harm in the workplace, you may be looking for information on making an industrial injury claim. Accidents or illnesses at work can create severe long-term effects and greatly impact the quality of your life. If this has happened to you, our guide will detail the steps involved in starting a personal injury claim for a work-related illness or injury.
We’ll start by looking at some typical industrial workplace injuries and their causes. Then we move on to the evidence you can gather to support a claim. After this, we explain how compensation is calculated and look at what it aims to cover, such as the physical and financial harm.
To finish the guide we explain the many advantages of appointing a personal injury solicitor to handle your claim.
Please connect with our dedicated advisors for free advice at any point. They can answer general questions about an industrial injury claim and assess the strength of your potential claim. You can:
- Phone an advisor on 0800 408 7825
- Message us on our ‘contact us’ form,
- Chat with us via the box to the right of this screen.
Browse Our Guide
- What Is An Industrial Injury?
- Can You Make An Industrial Injury Claim?
- What Are Common Causes Of Industrial Injuries At Work?
- How Do You Make An Industrial Injury Claim?
- How Much Industrial Accident Compensation Could You Receive?
- Why Make A No Win No Fee Industrial Accident Claim?
- Read More About How To Make A Personal Injury Claim
- FAQs About Making An Industrial Injury Claim
What Is An Industrial Injury?
An industrial injury can happen in numerous different ways. You may have a valid claim for compensation if you were harmed in a work environment such as:
- A factory – Workers in this environment can suffer injury through collision with high-speed conveyor belts and tools. This can result in soft tissue injuries such as crushed fingers and hands.
- Construction sites – Falling debris is a risk to construction workers and if adequate and essential personal protective equipment (PPE) is not supplied, a serious head injury can arise.
- Chemical plant – A plant worker can suffer a chemical burn at work if toxic substances are not correctly labelled, moved or stored.
- Steelworks and welding areas – These workplace environments can be particularly hazardous and result in eye injury or inhalation of toxic fumes if health and safety standards are not met.
Can You Make An Industrial Injury Claim?
A duty of care for employers is outlined in legislation called the Health and Safety at Work etc Act 1974 (HASAWA). This act requires all UK employers to take reasonable and practicable steps to make sure that employees are protected from harm as they work.
In addition to this, other legislation called the Provision and Use of Work Equipment Regulations 1998 and the Management of Health and Safety at Work Regulations 1999 apply a duty of care to safeguard the well-being of workers. On construction sites, the Construction (Design and Management) Regulations 2015 detail appropriate measures to control hazards and limit the risk of harm.
A valid industrial injury claim needs to show that you were harmed because your employer breached their duty of care. Employer negligence can be defined in the following way:
- Your employer owed you a duty of care at the time and place of injury.
- They failed to meet this duty of care.
- As a direct consequence, you suffered some form of harm.
It’s necessary to prove all three points for a claim to move forward. Our team can offer guidance on industrial injury claims based on a breach of duty of care if you get in touch.
What Are Common Causes Of Industrial Injuries At Work?
Next, we explore some examples of Industrial accidents caused by employer negligence:
- The management of a chemical plant re-used containers and put unsuitable substances in them. Because of this they leaked and caused an employee to slip and fall, as well as suffer toxic inhalation and burns to the hands.
- Management in a recycling plant did not regularly assess the safety of machinery. Because of this, a malfunctioning machine trapped and crushed the arm of an employee.
- A warehouse owner allowed obstacles to be left in the workplace. As a consequence, an employee fell and suffered multiple injuries ranging from cuts to fractures.
How Often Do Industrial Accidents Happen?
Below is a graph showing the prevalence of workplace accidents. These statistics are taken from the Health and Safety Executive (HSE) website. This is the regulator for workplace safety in Great Britain. Each year, they compile certain types of work-related injuries using the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR):
chart
As you can see, in the manufacturing sector, the highest reported accident types were slips, trips and falls on the same level, followed by manual handling. Call to access help and support on any of the topics raised.
How Do You Make An Industrial Injury Claim?
If you decide to start an industrial injury claim, the first step is to gather proof that an employer breached their duty of care to you and left you harmed. The following list (not exhaustive) offers some useful actions and evidence:
- Collect copies of your medical evidence.
- Many workplaces have CCTV recordings and if you can, request a copy of any that captured your accident.
- Collect the contact details of any eyewitnesses. A supporting statement can be gathered from these people later.
- Take photos of any visible injury and the workplace hazard that caused it.
How Much Industrial Accident Compensation Could You Receive?
It’s possible to receive two heads of loss in a successful personal injury compensation payout. Compensation for the physical pain and psychological suffering can be made under general damages. This head of loss can also include any overall negative impact on the quality of the claimant’s life. As well as the duration of recovery or long-term disability caused.
Legal professionals might use medical evidence to guide their calculations, so an assessment could be a part of the claims process. Using these reports, they also consult publications like the Judicial College Guidelines (JCG). This provides a list of suggested award bracket amounts for a wide range of injuries as our excerpt below shows.
They are only guideline amounts and the first line on our table is not from the JCG:
Compensation Guidelines
| Injury | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Multiple Types of Severe Injury and the Associated Special Damages Award | Severe | Up to £1 million + | This award is based on several types of severe injury and an amount for special damages based on medical bills, care costs and lost earnings. |
| Head | (a) Very Severe | £344,150 to £493,000 | There is some remaining ability to follow basic commands but no ability to speak and there is a need for permanent professional care. |
| Eyes | (b) Total Blindness | In the region of £327,940 | Cases of complete sight loss in both eyes. |
| Burns | Serious | Likely to exceed £127,930 | Cases where 40% or more of the body is covered with burns. |
| Chest | (a) Serious | £122,850 to £183,190 | Instances where serious heart damage and the total removal of one lung is required causing prolonged pain and suffeing. |
| Psychological Harm | (b) Moderately Severe | £23,270 to £66,920 | Permanent disability that impacts all areas of life. |
| Digestive System | (a) Damage from Traumatic Injury (ii) | £20,490 to £33,880 | A serious non-penetrative injury that causes long-standing complications to the digestive system. |
The second head of loss that may apply is special damages. These reimburse the claimant for financial losses caused by the injuries. Please note that special damages cannot be claimed on their own. Actual physical/psychological injury must be the initial reason for financial harm. However, you might be able to put forward the following:
- Wage slips that show a drop or loss in income caused by illness.
- Unavoidable medical expenses.
- Invoices for rehabilitation or changes made in your home.
- Proof of travel fares to essential appointments.
- Proof of costs to domestic carers who supported you.
Our advisors can offer expert guidance on general and special damages. They can assess the strength of your claim and if it’s eligible, connect you with a skilled personal injury solicitor if you wish.
Why Make A No Win No Fee Industrial Accident Claim?
There are many good reasons for seeking legal representation for your industrial injury claim. A solicitor from our panel can help you gather supporting evidence, take statements and ensure your claim is put forward on time and in full.
They can calculate compensation more accurately and argue for the best possible settlement for you. If the claim needs to go to court (most do not) they will be at your side every step of the way.
In addition to this, these solicitors are able to offer their excellent services through a contract similar to a No Win No Fee agreement called a Conditional Fee Agreement (CFA). Typically, this means there are no upfront fees or anything owed for their services as the claim advances. Also, nothing is owed for completed solicitors’ services if the claim is unsuccessful.
Under a CFA, only a legally restricted percentage of the compensation is owed if the claim wins. Because this success fee is subject to a cap, the person who benefits the most from the compensation is always the claimant.
If this sounds interesting, call our team to learn more. They could help you start an industrial injury claim with more ease and support. Discover how we can help by:
- Phoning an advisor on 0800 408 7825 at a time that suits you.
- Messaging us on our ‘contact us’ form,
- Chatting with us via the box to the right of this screen.
Read More About How To Make A Personal Injury Claim
As well as information on an industrial injury claim, you might find the following articles from our website useful as well:
- Read about claiming for a slip, trip or fall on a construction site in this guide.
- This guide looks at the factory accident claims process.
- Here we look at a £25,000 payout for a crushed arm accident.
External help
- This resource looks at industrial injuries disablement benefits from GOV.UK
- The NHS symptom checker is a useful tool.
- Here is information about when to call 999 after an injury.
FAQs About Making An Industrial Injury Claim
Is There A Time Limit When Claiming Industrial Accidents?
Under the Limitation Act 1980, normally a three-year time limit applies to personal injury claims. For a claimant who is under 18 at the time of injury, this three-year period doesn’t begin until they turn 18. Also, the time limit is frozen for claimants who lack the capacity to claim independently. Should mental capacity return, the three-year period starts from their date of recovery. In both cases, a litigation friend can start a claim immediately if appointed by the courts.
Will I Be Sacked If I Make An Industrial Accident Claim?
Your employer cannot legally dismiss you for seeking a compensation claim against them. Should they do so, you may have a valid claim for unfair dismissal.
Can I Claim For The Long-Term Effects Of An Industrial Injury?
Yes. Long-term medical costs and future lost earnings can come under special damages.
We appreciate your interest in our guide on an industrial injury claim. Please reach out to the team for any more assistance.