This guide will explain how to make an injury at work claim for compensation.
Employers owe their employees a duty of care. Therefore employers are responsible for taking reasonable measures to ensure that their employees have a safe and hygienic space to work in. If an employer’s negligence causes an employee’s injuries, the worker may be eligible to claim compensation for an accident at work.
This guide will explain how to make an injury at work compensation claim. To see if you can begin your workplace accident claim, call Public Interest Lawyers today. Our advisors are available 24/7 and give free legal advice. If you have grounds for a favourable claim, they could connect you with our panel of personal injury lawyers who could manage your claim.
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- What Is An Injury At Work Claim?
- What Injuries Could I Claim For?
- How Do I Show My Employer Was Responsible For My Injuries?
- Do I Have To Have Taken Time Off Work?
- Check How Much Your Injury At Work Claim Could Be Worth
- Check If We Can Help With Your Injury At Work Claim
An injury at work claim is a compensation claim made for a workplace injury caused by employer negligence.
According to the Health and Safety Executive statistics (HSE), 1.7 million people in Great Britain were suffering from work-related ill-health in 2020/21. The HSE is a government body that enforces health and safety laws.
To meet their duty of care, employers should have a health and safety policy. Furthermore, employers could conduct regular risk assessments of their premises and invest in training.
You could claim compensation for a number of injuries caused by employer negligence, including the following:
- Broken bones
- Industrial diseases
- Soft tissue injuries
- Musculoskeletal injuries
- Workplace chemical burn injuries
- Any other type of illness or injury at work
Let’s look at some workplace accidents and injuries now.
- Hazards on the floor can cause slip, trip and fall accidents. Consequently, workers can experience soft tissue injuries, fractures and back injuries if they fall.
- Manual handling activities can cause musculoskeletal injuries. If employers have not trained workers to carry heavy objects, they may experience musculoskeletal injuries.
- A loose railing or scaffolding can cause a worker to fall from a height. Consequently, the worker may suffer from spinal injuries, such as a slipped disc.
- If an employer does not provide a worker with the correct and necessary personal protective equipment, the worker can suffer chemical burns.
If you have been affected by any of the accidents at work examples above, please call us to discuss whether you could claim compensation.
Injury At Work Statistics
According to the Health and Safety Executive, 441,000 workers self-reported a non-fatal work-related injury in 2020/21. Unfortunately, 0.6 million workers suffered from a new or long-standing illness caused or worsened by the Covid-19 pandemic during the same year. Tragically, 142 workers died because of fatal accidents at work according to reports by employers.
You can make an injury at work claim if there is evidence to prove the following: firstly, that your employer owed you a duty of care. And secondly, your employer breached this duty, which caused the accident that injured you.
You could collect the following pieces of evidence to prove your compensation claim:
- Medical records and an independent medical report
- Photographs of your injuries
- Witness contact details for statements at a later date
- Receipts and prescriptions for any medication you took
- A copy of the logbook where you reported the workplace accident
if you experience an accident at work, how long do you have to claim compensation? The personal injury claims time limit is generally three years. The time limit begins on the date of your accident or the date you gained knowledge that negligence at least contributed to your injuries.
However, there are exceptions to this time limit. For more information, get in touch today.
Duty Of Care Under The Health and Safety at Work etc. Act 1974
There is health and safety legislation to protect people in the workplace. The Health and Safety at Work etc. Act 1974 states that employers owe their employees a duty of care. There are also industry-specific health and safety regulations.
You don’t have to have taken time off work to make a valid personal injury claim. However, if you did take time off and you lost earnings because of it, you could recover these losses in a claim.
You could claim Statutory Sick Pay (SSP) if you have to take time off work after being injured. Not everyone is eligible, so please check the government guidelines. Your employer may also pay you sick pay. Please check your contract to see if you are eligible to claim sick pay.
How much you could claim for a successful accident at work claim can vary depending on factors such as the severity of your injuries and whether your mental health was impacted.
To illustrate potential compensation amounts, we’ve included the table below. We used guidelines from the Judicial College to create this table. The Judicial College Guidelines is a publication solicitors use to help value injuries. However, the final amount of compensation you receive may differ from what is included in the compensation table below.
|Wrist Injuries||(B)||£22,990 to £36,770||A wrist injury which results in significant and permanent disability. Some useful movement does remain in the wrist.|
|Wrist Injuries||(D)||Rarely exceed £9,620||The initial injury was a soft tissue or a fracture which takes longer to recover from but which is complete.|
|Chest Injuries||(C)||£29,380 to £51,460||Injuries affecting the lung(s) or chest that causes some continuing disability.|
|Chest Injuries||(D)||£11,820 to £16,860||This bracket includes simple injuries such as penetrating wounds. This may cause some permanent tissue damage or injuries but which does not leave the person with significant (or long-term) effects on function of the lungs.|
|Burn Injuries||Likely to exceed £98,380||Impacts of burn injuries will generally be considered more serious and could cause greater pain. They could lead to psychological and physical injuries. Severe burns will likely attract higher damages payouts.|
|Facial Disfigurement||(C) Significant Scarring||£8,550 to £28,240||The most serious effects may be reduced by plastic surgery or already has been. There could be some cosmetic disability. If there is a psychological reaction it will not be great.|
|Back Injuries||(A) Severe (i)||£85,470 to £151,070||Including severe damage to the nerve roots and spinal cord.|
|Back Injuries||(A) Severe (ii)||£69,600 to £82,980||Cases with 'special features' such as orthopaedic injury to the back.|
|Back Injuries||(B) Moderate (i)||£26,050 to £36,390||There is residual disability but at less severity.|
|Back Injuries||(C) Minor (i)||£7,410 to £11,730||Recovery is either complete or to a degree where the injury is considered a nuisance level. This is without surgical care and happens between 2 years and 5 years.|
You could receive general damages to pay for your pain, suffering and loss of amenity. These are demonstrated in the compensation table above.
To evidence special damages, you’d attend a medical assessment as part of the personal injury claims process. An independent medical professional would check your injuries and create a report. This report can be used to help value your injuries.
Furthermore, you may be eligible to receive special damages, compensating you for the costs associated with your injuries, such as the cost of paying for medical treatment or the cost of adapting your home if you become disabled.
To prove special damages, you’d need to provide evidence such as payslips, invoices or bank statements.
We can appoint our panel of lawyers to manage your claim if it has favourable grounds. What’s more, they’d handle your claim as a No Win No Fee case.
No Win No Fee agreements allow you to:
- Not need to pay any upfront solicitor’s fee.
- Not have to pay an ongoing solicitor’s fee.
- Only pay the solicitor’s fee if the claim succeeds.
If your claim wins, you’d pay the solicitor’s fee but it would be capped by law. What’s more, you’d only pay it after the compensation comes through.
To see if you can begin your claim, please get in touch:
- Contact us via our website.
- Call us on 0800 408 7825 to discuss your claim with an advisor.
- Or alternatively, you can chat with us online. Just enter a question into our Live Support widget.
To learn more about claiming compensation for an injury at work, please see our guides below.
Limitation Act 1980: legislation that determines compensation claim time limits.
If you need any more information on making an injury at work claim, get in touch today.
Article by AH