By Mark Clause. Last Updated 4th August 2022. Have you been injured in a workplace accident? If it was caused by your employer’s negligence, then you could be owed compensation. A personal injury claim can be made if someone owed you a duty of care, and this legal responsibility was not upheld, leading to you being injured as a result. In the workplace, this duty usually falls with the employer.
We know that you may find the process of making a claim for compensation confusing, so we are here to explain the matter to you as simply as possible. This guide addresses subjects such as workplace accident causes, and how the value of your claim could be calculated.
Reach out today if you have any questions over the course of reading this article. We understand that everyone’s circumstances are different so we can offer bespoke advice free of charge over the phone or through other methods. Read on for more information.
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- How To Claim For A Workplace Accident
- Workplace Accident Examples
- Employers’ Duty Of Care For Workers’ Health And Safety
- Could I Claim Compensation From My Employer?
- Work Accident Compensation – Claims Calculator
- Discuss Your Accident At Work Claim With A No Win No Fee Expert
There are 3 main criteria that must be met in order for your claim to be considered as eligible for compensation. Simply experiencing a workplace accident is not enough. There are other factors that come into play.
- Did someone owe you a duty of care? As mentioned earlier, this duty will often fall at the feet of your employer. This means it is their responsibility to make sure that the workplace is kept as safe as reasonably possible. However, all employees also have a duty of care to themselves and others too. You can still be responsible for your own injuries. If you were partially to blame for the accident that injured you, then you could still claim. In this instance, the amount you could receive in compensation would likely be reduced.
- Was this duty of care breached? For example, did your employer fail to provide health and safety training? If there were known hazards that were not addressed, then this could lead to an accident.
- Were you injured? You can only claim if a workplace accident caused by employer negligence also leads to an injury. Being involved in an accident is not enough to make a claim. You need to have suffered mentally or physically in order to be owed compensation.
If all of these criteria sound relevant to you, then you may have a valid claim. Get in touch with us today and we can advise you on your next steps.
A workplace accident claim can take many forms. Different workplaces carry with them different potential risks. Some can be very specific to certain situations, some can be more common. In this section, we’ll be giving you some examples.
- Falls from a height – you may work at a height and require a suitable ladder and/or handrail to reduce your risk of falling.
- Manual handling – if you aren’t supplied with adequate training, you may be injured due to carrying heavy loads.
- Slips, trips, and falls – walking surfaces (including stairs) need to be kept free of debris and damage. Additionally, any spillages need to be cleared up as soon as possible or clearly marked with a wet floor sign or something similar.
- Struck by a moving vehicle – to illustrate, a forklift truck needs to be operated by someone competent who has been sufficiently trained to use it. Otherwise, they may lose control of it and cause injuries.
- Contact with machinery – all workplace machinery needs to be properly maintained and routinely inspected for damage. Personal protective equipment (PPE) such as safety goggles must also be supplied where it is necessary.
- Struck by a moving object – in construction and warehouse settings, there could be objects falling from above you that could land on your head or other parts of your body.
Workplace Accident Statistics
There are certain reportable incidents that must be reported to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
The injuries can be fatal, or they can be non-fatal. Both sets of statistics are kept track of. For non-fatal claims, the most common cause of accidents for 2020/21 was a slip, trip, or fall on the same level.
For fatal claims, the most common cause over the same period of time was a fall from a height. Fatal accident claims can be made by the deceased’s loved ones.
We have included a graph below to display some of the other more common causes of non-fatal workplace accidents.
One of the most important pieces of legislation in relation to workplace safety is the Health and Safety At Work etc. Act 1974. In Section 2, an employer’s duty of care is stated.
In short, an employer must take all reasonably practicable steps to make sure that the risk of their employees being injured in the workplace is kept to a minimum. If an employer is found to have upheld this duty in the investigation following an accident, then it can become less likely that a claim can be made.
Sometimes, accidents may occur due to completely unforeseen circumstances that the employer could not have been reasonably expected to have prepared for.
However, it’s still worth seeking legal advice to make sure you know where you stand. Speak to us today.
There can be a few factors that could affect your claim. Firstly, there is a general time limit of 3 years from the date of the accident in which you need to start your claim. This is stated in the Limitation Act 1980. However, there are certain circumstances in which this time limit can be suspended. Examples include accidents claims involving children, or those with a reduced mental capacity.
Alternatively, you could also use the date that you became aware of your injuries being caused by negligence as an alternative start date for your time limit. This is known as the date of knowledge.
It may also hurt your chances if you have no evidence of the negligent behaviour that caused your injuries. Gathering proof such as photographs and CCTV footage can prove useful.
Sometimes the claimant will be unable to make a claim themselves due to being under the age of 18 or lacking mental capacity. If this is the case, it may be possible to appoint someone known as a litigation friend to claim on their behalf. This can be someone such as a family member, legal professional, or a parent/guardian.
At this point, let’s focus on how much accident you could receive in work accident compensation if your claim wins. Because every injury in the workplace is different, compensation payouts will differ too. Various factors could help to influence the final amount.
To help you see how claims are valued, we’ve included the table below. This table contains guideline compensation brackets provided by the 2022 edition of the Judicial College Guidelines. This is a document that legal professionals use to help them assign a value to personal injury claims.
|Death||(B) Unconsciousness within 3 hours and death 2 weeks later||£10,510 to £10,670|
|Paralysis||(b) Paraplegia||£219,070 to
|Brain damage||(c) (ii) Moderate||£90,720 to £150,110|
|Psychological damage||(d) Less severe||£1,540 to £5,860|
|Hearing loss||(i) Severe tinnitus with noise-induced hearing loss||£31,310 to £45,540|
|Chest||(d) Simple injury such as a penetrating wound with some lasting damage||£12,590 to £17,960|
|Neck||(b)(i) Moderate||£24,990 to £38,490|
|Back||(a)(iii) Severe||£38,780 to £69,730|
|Shoulder||(e) Clavicle fracture||£5,150 to £12,240|
|Arm||(d) Forearm fracture of a simple nature||£6,610 to £19,200|
We should point out that the above figures only represent general damages, which is one of the two potential heads of a personal injury claim. General damages represent the physical and mental impact of an accident on you, and the effect that this has on your quality of life.
You could also be awarded special damages; this head of your claim focuses on any losses or expenses caused by your injuries. These could include medical bills, a lack of income, hospital travel costs and any payments for home or car modifications.
All of these could be taken into account by a personal injury claim after an injury in the workplace. Contact our friendly team if you wish to ask any questions about how to calculate work accident compensation.
All of the lawyers on our panel work under a No Win No Fee arrangement. This means that you only have to pay them their fee if they help you win your claim. Then, they are paid via a small and legally capped percentage of your settlement.
If they do not help you win your claim, you won’t owe them their fee at all. Find out if you could make a No Win No Fee claim today.
Another of our guides for claiming compensation for an accident at work.
An article on getting signed off work if you’ve been injured.
Information on reporting a workplace accident.
An NHS guide on signs of a broken bone.
An overview from the NHS on anxiety disorders.
Read about Statutory Sick Pay (SSP) on the government website.
If you have any questions about claiming after a workplace accident, don’t hesitate to get in touch.
Article by AI