You may be wondering, how does an accident at work claim work? If an accident at work has injured you, and this resulted from negligence you may be eligible to claim compensation. You will normally claim against your employer if they neglected their duty of care towards you, causing a workplace accident. This guide will explain how to claim accident compensation from your employer. We will also answer any questions about how long an accident at work claim can take.
To begin your claim, please call our helpline today. An advisor can explain how to claim for a work accident. Moreover, we can appoint a skilled accident at work solicitor from our panel to handle your claim. You will have the option to fund the services of the solicitor on a No Win No Fee basis, so there is no solicitors fee to pay ahead of time. Call us on 0800 408 7825, or contact us via our website today to claim.
Select A Section
- How Does An Accident At Work Claim Work?
- What Are The Stages Of An Accident At Work Claim?
- How Do Both Parties Agree On A Settlement?
- How Long Does An Accident At Work Claim Take?
- Check What You Could Claim For An Accident At Work
- Contact Us To Find Out How Does An Accident At Work Claim Work?
First of all, let’s establish what an accident at work claim is. An accident at work claim is a compensation claim for a workplace injury. When we are at work, your employer owes you a duty of care, which means that they are responsible for your welfare as much as can be reasonably expected.
This duty is applied through law and comes from the Health And Safety At Work etc Act 1974. If your employer neglects their duty of care, this can cause an accident at work. Therefore if you are harmed because your employer is negligent you could be eligible to pursue an accident at work claim.
How does an accident at work claim work? Here are the stages of making an accident claim for a workplace injury:
Firstly, the employee must establish whether the accident they suffered could have been avoided had better practices been applied in the workplace.
Once it has been determined that the employer is liable for the employee’s injuries. Then the employee can look to begin a claim. This will usually involve gathering evidence. Gather evidence to support your claim. For example, witness details, images of the accident scene and the accident report in your company’s logbook.
Please be aware that if you are injured in an accident at work it is important that you seek medical advice. This will not only ensure that you recover as well as you can and receive any treatment you need but this will also ensure that your injuries are recorded. This can be used as evidence as part of your personal injury claim.
Although it is not a legal requirement to have a solicitor represent you they will have the capabilities and experience to ensure the claim is filed correctly and within the relevant time limits. They can also help to arrange the independent medical examination you will need as part of your personal injury claim.
Both parties will then negotiate. If the employer admits liability a compensation settlement will be agreed upon. If the claimant’s lawyer feels the settlement is too low, they may reject the defendant’s initial offer. Therefore negotiations will continue until both parties agree on a compensation payment amount.
If liability is denied or a settlement cannot be agreed upon then the case will go to court.
How Often Are People Injured In Workplace Accidents?
The Health and Safety Executive, produce statistics for accidents at work. According to the Labour Force Survey, LFS 441,000 injuries to workers happened in 2020/21. And sadly, 142 fatal accidents happened during the same period.
An important part of how accident at work claims work is ensuring that the claim is filed correctly. As you cannot go back and ask for more compensation later down the line if you forgot to include something. So getting the settlement correct the first time around is vital.
A settlement is the claimant’s compensation payout. To get the settlement right it is important to have all the evidence collated together so that nothing can be left out. This includes medical evidence and evidence of any losses.
Your medical records along with your independent medical assessment findings will be used alongside guidelines by the Judicial College to work out what you could be awarded for the pain and suffering caused by the injury. This is known as general damages.
Next, all losses and expenses including past and predicted future losses will be calculated to come to a value under special damages.
The claimant and the defendant’s solicitors may enter into a process known as the pre-action protocols. The pre-action protocols reacquire both parties to discuss the accident claim and try to settle the accident claim without going to court.
How long after a work accident can you claim? According to the Limitation Act 1980, the time limit to make an injury claim is three years. The injury claims time limit began when you became aware of your injuries. Or the date of your accident at work. Sometimes there are exceptions to this rule, so please call us to discuss your options. It does not matter how long an accident at work claim takes to finish.
How long can an accident at work claim take? A simple workplace accident claim may only take a few months. However, the claim can take longer to settle in some circumstances. For example, if the defendant denies liability, or the lawyer must settle the claim in court. Fortunately, the majority of personal injury claims settle out of court.
Accident at work claims can also take longer if the claimant is severely injured. Or, if the claimant experienced multiple serious injuries.
A family member may be able to make a fatal accident claim on behalf of a deceased relative. The time limit here will usually start from the day the deceased passed away.
An important part of how an accident at work claim works is valuing the claim. Solicitors will use guidelines from the Judicial College and your medical report to help them value your claim. However, you can review our compensation table that has figures taken from the Judicial College.
We used guidelines from the Judicial College to create the table. But your final payment may vary. Please call our claims helpline to discuss how much you could claim.
|Nature Of The Injuries||Level Of The Injury||Settlement||Comments|
|Brain Damage||Moderate brain damage (A) (i)||£140,870 to £205,580||There are personality changes, effects on vision and speech as well as other senses There is the risk of developing epilepsy in the future and there is moderate to severe intellectual deficit.|
|Brain Damage||Moderate brain damage (C) (iii)||£40,410 to £85,150||The injury has reduced both memory capacity and the ability to concentrate.|
|Brain Damage||Less severe||£14,380 to £40,410||A good recovery has taken place though not all normal function may have been restored. There could still be some problems with memory and concentration.|
|Eye Injuries||Total loss of an eye||£51,460 to £61,690||The settlement will depend on how old the claimant is, what cosmetic effect there has been and if there has been a psychiatric reaction.|
|Chest Injury||(E)||£5,000 to £11,820||Inhalation of smoke or toxic fumes which caused some residual injury. This has not interfered with lung function permanently.|
|Chest Injury||(F)||£2,060 - £5,000||Chest injuries which lead to a collapsed lung or lungs. The injury is uncomplicated and a full recovery takes place.|
|Neck Injury||Moderate (iii)||£7,410 to £12,900||A neck injury which could have made a pre-existing injury worse over a shorter time frame. Typically this may be five years or less.|
|Neck Injury||Minor (i)||£4,080 to £7,410||This person will make a full recovery in 1 or 2 years. The bracket could also cover the short term exacerbation of an existing injury.|
|Back Injury||Moderate (B) (i)||£26,050 to £36,390||A wide range of injuries fall into this bracket. These may include damage or prolapse to an intervertebral disc or nerve root irritation. Surgery may be necessary.|
|Back Injury||Moderate (B) (ii)||£11,730 to £26,050||Many common injuries may be included in this bracket. They may include those which have accelerated or made worse existing back injuries.|
Your compensation payout will include up to two heads of claim. These are general damages, which will pay you for the pain, suffering and loss of amenity that your injuries caused. In addition, you may receive special damages.
Special damages reimburse you for the costs you had because you were injured. For example, if you become disabled because of your accident, you can claim compensation to cover the cost of buying mobility equipment. Moreover, you may be able to claim any loss of earnings you experienced whilst taking time off work to recover from your injuries.
We hope you have found this guide to how an accident at work claim works helpful. If you wish to claim compensation, please contact us today. Call our helpline on 0800 408 7825, and an advisor will be happy to discuss your claim. Alternatively, use our Live Support widget to ask us how accident claims work.
Our panel of accident solicitors can handle your claim on a No Win No Fee basis. Therefore, the legal team takes on the financial risk involved in claiming. How do No Win No Fee claims work? Firstly you will sign a Conditional Fee Agreement to formalise the claims process. And what’s more, you will only be charged a success fee if you win your compensation claim.
Find Out More
Please read our online guides to learn more about making an accident claim.
An HSE guide to risk management at work
An NHS guide to back pain
Thank you for reading our guide to how an accident at work claim works?