If you have been injured in an accident at work, you may be wondering whether you could sue your employer for compensation. In order to have a valid personal injury claim, you will need to establish employer negligence. This means that your injuries must have been caused by your employer breaching their duty of care.
Within this guide, we will discuss the duty of care that you are owed by your employer and when you could be eligible to pursue a personal injury claim. We will also provide information on the time limits you must adhere to when making your claim, and the evidence that could be used to support your case. Additionally, this guide will share how compensation is calculated for successful workplace injury claims, and how a solicitor on our panel could help you with your claim on a No Win No Fee basis.
If you have any specific questions about suing your employer for negligence that this guide may not have covered, you can contact our advisors. They can also offer you free advice for your case. To contact them, you can:
Select A Section:
- Can You Sue Your Employer If You Get Hurt On The Job?
- Check That You Are Within The Limitation Period For Your Claim
- Do I Need Evidence To Claim If I Was Hurt On The Job?
- Check How Much You Could Sue Your Employer For After Getting Hurt At Work
- Can You Sue Your Employer If You Get Hurt On The Job? – Make A No Win No Fee Claim
Can you sue your employer if you get hurt on the job? If you can show that your employer has failed to provide you with a safe working environment, you may be able to. Your employer has to comply with a whole range of laws that should ensure your safety. Including the Health and Safety at Work etc. Act 1974. The employer has a legal duty of care to make sure you are safe at work. Their compliance is monitored and policed by the Health And Safety Executive (HSE).
No workplace is 100% safe. Through this piece of legislation, your employer is expected to take reasonable steps to keep you safe, however, they cannot prevent all incidents of injury.
For example, sometimes accidents can be caused by another employee acting like a fool or without paying proper attention. That said, your employer should put measures in place to reduce the risk of injury.
If you are injured at work due to your employer’s failure to adhere to health and safety legislation, you could be able to make a claim. A personal injury solicitor can help you with this.
When suing your employer for negligence, you will also need to ensure that you start your personal injury claim within the correct limitation period. As outlined within the Limitation Act 1980, you will have 3 years to start your claim from the date that the accident occurred.
In certain circumstances, there are exceptions that apply to this time limit. For example, the time limit is suspended indefinitely for those who lack the mental capacity to make a personal injury claim. During this time, a court-appointed litigation friend could make the claim on their behalf. However, should the injured person regain this mental capacity and a claim was not already made for them, they will have 3 years from the date of recovery to start one.
Additionally, the limitation period is frozen for minors until their 18th birthday. From this date, they will have until their 21st birthday to begin their claim. Alternatively, prior to their 18th birthday, a litigation friend could start a claim on their behalf.
To find out whether you are within the time limit to sue your employer for an injury at work, you can contact our advisory team.
As part of the accident-at-work claims process, you will need to collect sufficient evidence that proves employer negligence took place. Some examples of the evidence you could collect to help support your case include:
- A copy of the report in your workplace’s accident book.
- Any CCTV footage that captures your accident taking place.
- The contact information of anyone who witnessed your accident so that they can provide a statement at a later date.
- Any photographs of the accident site or visible injuries you suffered.
- Medical evidence confirming the injuries you suffered, such as a copy of your medical records.
- Evidence of any financial losses you have suffered due to your injuries. For example, your payslips could help with proving a loss of earnings.
Contact our advisors today to discuss your case and receive free advice. If they think you have a strong claim, they could connect you with a solicitor on our panel, who could help you with gathering evidence.
Personal injury claims that result in a settlement can have two heads of claim. General damages are paid to compensate you for the pain and suffering you went through. Either physical or mental. We have included the table below, giving example compensation ranges, to help you get an idea of how much you might be able to claim.
We based this table on guidelines that are produced by the Judicial College. The same guidelines are used by the court system for evaluating injuries. You might also be able to use a personal injury calculator to get a rough estimate.
|Level of Severity
|£282,010 to £403,990
|The person will have very severe brain damage and may only be able to respond to very basic commands. They might be able to open their eyes and have a normal sleep pattern.
|£219,070 to £282,010
|There will be a need for constant and ongoing care, for either cognitive impairment or physical impairment due to paralysis.
|£54,830 to £115,730
|The injured person will suffer negative affects to all aspects life. There will be a very poor prognosis for recovery.
|£19,070 to £54,830
|Moderately severe psychiatric injury will mean all aspects of life will be affected but there is a chance for some recovery.
|Loss of sight in one eye
|£49,270 to £54,830
|There might be a minor risk of sympathetic ophthalmia. There may also a possibility of minor scars included in this bracket.
|£31,310 to £50,060
|In this case, there could be extended treatment needed. Or there could be a need for surgical plates and pins to be used. The ankle would be weakened, and there would be some level of ongoing disability.
|£30,490 to £45,540
|There are multiple fractures, for example, that may require very long treatment time and have lasting effects.
|Up to £13,740
|Up to £12,900
|Metatarsal fractures, ruptured ligaments, puncture wounds, and other injuries. Chronic pain, limping, and aching are examples of persistent symptoms.
|Up to £9,600
|It may be a new fracture or an older injury that has been aggravated. There may also be lacerations affecting more than one toe. There could be permanent scarring and ongoing problems with the toes at the upper end of this spectrum.
Special Damages Explained
You might suffer the loss of finances, alongside your physical or mental harm. In some cases, it could be possible to claim all or some of these losses back. These could be losses you already faced or losses that you are predicted to encounter.
For example, if you lost income due to taking unpaid time off from work, or you paid private medical fees, you might be able to claim these back. Our team of expert advisors can tell you more if you get in touch.
If you are eligible to make an accident at work claim, you may like to have legal representation. If so, one of the injury at work solicitors from our panel could represent your accident at work claim to sue your employer. Their services are generally provided under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.
Under the terms of a CFA, your solicitor generally doesn’t ask for any upfront or ongoing fees towards their services. They also won’t ask for a payment for their work on your case if it is unsuccessful.
However, if your claim for employer negligence is successful, your solicitor will take a success fee from your settlement. This amount is a percentage subject to a legal cap.
If you are thinking about suing your employer for negligence, one of our advisors might be able to help. They can answer your questions about the claims process as well as assess whether you have a feasible case. If it seems like you do, you could be connected to a solicitor from our panel.
To speak with an advisor:
- Call 0800 408 7825
- Connect using our live chat.
- Fill in our ‘contact us’ form and an advisor will call you back.
Here are a few other guides.
- Calling For A Trip, Fall Or Slip
- What To Expect At A Personal Injury Medical Appointment
- How To Claim Compensation For An Accident Or Injury
Some useful web links.