If you have a work-related injury, who pays your compensation? Employers are responsible for ensuring their employees are safe when at work. At times, other parties may also owe workers a duty of care. But the defendant will normally be your employer in an accident at work claim. This guide will explain how to claim compensation for an accident at work. And we will look at who pays compensation in successful accident at work claims.
If you have been injured at work because of employer negligence, we can help. Public Interest Lawyers can assess your accident at work claim. If our advisors can see that you have legitimate grounds to pursue a personal injury claim we can provide you with free legal advice. We can also connect you with a specialist No Win No Fee accident at work claims solicitor.
Select A Section
- After A Work-Related Injury, Who Pays Your Settlement?
- What Is Employers Liability Insurance?
- What If My Employer Does Not Have Insurance?
- How Many People Are Injured In The Workplace?
- If You Have A Work-Related Injury, Who Pays Your Compensation?
- Start Your No Win No Win Work-Related Injury Claim
Under the Health and Safety at Work etc Act 1974, employers owe a duty of care to their workers to provide a safe working environment. Therefore, employers are responsible for their workers’ health, safety, and welfare while at work as far as can be reasonably expected.
Your employer can do the following to uphold this duty of care:
- Ensure that the work environment is as safe and hygienic as possible.
- Carry out regular risk assessments to identify potential health and safety hazards.
- Remove hazards or apply measures to reduce the risk these hazards pose.
- Provide employees with adequate training to carry out their tasks safely.
- What’s more, conduct regular checks on equipment and vehicles.
If a worker experiences a work-related injury, who pays their settlement? This is all dependent on whether the injury was caused by a breach of the duty of care owed to the employee. If the employee was completely at fault for their own injury then no compensation would be possible. Employees who are partially responsible for the accident are still able to claim but they would receive a reduced rate of compensation.
The worker could claim against the employer if liability can be proven. However, if another party caused the injuries, the worker may be able to claim compensation from them. For example, who would pay compensation if a postal worker trips on an uneven pavement? The worker could potentially pursue a claim against the local council or company that manages the outdoor space.
How Can An Employer Cause An Accident At Work?
- A forklift truck hits a warehouse worker. The accident happens because the driver of the vehicle is not adequately trained.
- Technicians at a lab are not given the correct personal protective equipment (PPE). Therefore an employee suffers an avoidable chemical burn at work.
- The supervisors at a construction site do not do the correct safety checks on the scaffolding. Consequently, a construction worker falls from a height and is injured.
- A bar does not have adequate security personnel. Unfortunately, a staff member is assaulted at work because of inadequate security precautions.
- An office does not repair a loose floorboard. As a result, a worker trips and falls.
Under the Employers Liability (Compulsory Insurance Act) 1969 generally employers are legally required to have employer’s liability insurance. The employer must be insured for £5 million or above. Furthermore, an employer can be fined if they do not have employer’s liability insurance.
Does Employer’s Liability Insurance Cover the Payout?
Many people worry that making a personal injury claim against their employer will damage their working relationship. Furthermore, if you work for a small business, you may worry that your employer may not be able to afford it. If you have a work-related injury, who pays for your compensation package? If your employer is found liable for your injury then their insurance provider will pay the compensation.
Your rights are protected if you have an accident at work. For example, it is illegal for you to be sacked for an accident at work that was not your fault even if you decide to pursue a claim. In fact, in the unlikely event that you are fired for claiming, you could take your employer to a workplace tribunal for unfair dismissal.
Generally, in most cases, it is illegal for your employer not to have employer’s liability insurance. So it is highly unlikely that your employer will be uninsured. However, who pays your compensation if your employer is uninsured and you have a work-related injury? Your employer pays the compensation out of their pocket. What’s more, your employer could be fined £2,500 a day if they are uninsured.
Could My Employer Be Exempt From Having Insurance?
Under the Employer’s Liability (Compulsory Insurance) Act 1969, some exceptions exist to having employer’s liability insurance. For example, a small family business that is not a limited company is exempt if all the employees are close relatives. Likewise, so are National Health Service trusts and other public bodies.
In the UK, there is legislation to protect the health and safety of workers. Including the Health and Safety at Work Act 1974 and industry-specific legislation. However, each year thousands of people are injured in accidents at work. Let’s look at some key statistics from the HSE about non-fatal work-related injuries in Great Britain for 2020/21.
- According to the Labour Force Survey, 441,000 people experienced a non-fatal injury at work.
- Moreover, 51,211 non-fatal workplace injuries were reported to the Health and Safety Executive (HSE) under RIDDOR.
- According to the Labour Force Survey estimates, 339,000 injuries caused up to 7 days of absence from work. And 102,000 injuries caused by more than seven days of absence from work.
These are the most common accidents at work in 2020/21:
- Slips, trips and falls at the same level – 33%
- Manual handling accidents – 18%
- Struck by a moving object – 10%
- Acts of violence, such as an assault – 8%
- And falls from a height – 8%
These statistics are based on injuries reported to the HSE under RIDDOR.
If you have a work-related injury, who pays your medical expenses? If your personal injury compensation claim against your employer is successful, you can be awarded two types of damages.
General damages compensate claimants for the pain, suffering and loss of amenity caused by their injuries. And in addition, special damages are sometimes paid out. Special damages compensation reimburses the claimant for any expenses related to their injuries.
Here are some examples of special damages:
- Medical expenses, including the cost of medication or surgery
- Travel expenses
- Loss of earnings
- Care expenses
- Home or car adaptation expenses
- Mobility equipment expenses
How Much Compensation Can You Get?
You can use the table below to estimate how much compensation you can receive in general damages. How did we get these compensation amounts? The compensation brackets included in this table are based on Judicial College guidelines. However, no two claims are the same. So please be aware that the amount of compensation you could receive may vary.
|Damaged Body Part||Category||Comments||Settlement|
|Neck||Severe (i)||These injuries could result in spastic quadriparesis or be associated with partial forms of paraplegia. The claimant may need to wear a collar all day and night for several years and may still see little improvement in neck movement.||Around £139,210|
|Neck||Moderate (i)||The injury could leave the person with impaired function in the neck and make them vulnerable to trauma in the future. Cases where existing injuries were made worse could be included here.||£23,460 to £36,120|
|Back||Severe (ii)||Includes injuries such as damage to the nerve root. This could lead to reduced mobility, loss of sensation and could also impair sexual, bowel and bladder function.||£69,600 to £82,980|
|Back||Moderate (i)||This category could include injuries such as prolapsed intervertebral discs which need surgical care.||£26,050 to £36,390|
|Shoulder||Serious (b)||May include brachial plexus injuries which cause pain in the neck, shoulder and elbow. The person may also have sensory symptoms in the hand or the forearm and experienced reduced movement as well as loss of grip strength.||£11,980 to £18,020|
|Shoulder||Moderate (c)||This could include a frozen shoulder. The injury could cause limited movement and pain in the shoulder which persists for around 2 years.||£7,410 to £11,980|
|Arm||Less Severe||The person suffers significant disabilities but is expected to be make a substantial recovery.||£18,020 to £36,770|
|Arm||Fracture||Simple Forearm Fracture.||£6,190 to £18,020|
|Wrist||(a)||Injuries which have resulted in a complete loss of function in the wrist.||£44,690 to £56,180|
|Wrist||(b)||A wrist injury which results in permanent or significant disability. Some useful movement does remain.||£22,990 to £36,770|
These figures should not be taken as fact. If you call our advisers any time of the day or night they can provide you with an estimate in a free no-obligation consultation.
If you wish to claim compensation for a work-related injury, Public Interest Lawyers can help you. We can provide you with a No Win No fee solicitor to handle your compensation claim.
Many people prefer to use a No Win No Fee solicitor because they won’t have to pay a solicitors fee ahead of time. Instead, you pay a success fee if your solicitor wins your claim. Therefore the solicitor will deduct this from your compensation payout. What’s more, they will only charge you a success fee if you win.
You will sign a Conditional Fee Agreement (CFA) before work begins on your No Win No Fee claim. You can read our online guide to making a No Win No Fee claim to learn about what the process involves.
Begin Your Accident At Work Claim
To begin your claim for an injury at work, please contact Public Interest Lawyers using the details below. We can provide you with a No Win No Fee lawyer to handle your claim.
- Call our claims helpline on 0800 408 7825.
- Contact us online to begin your claim.
- Or, chat with an advisor using our Live Support widget.
Work-Related Claim Resources
Thank you for taking the time to read this guide to work-related injuries and who pays. So, to learn more about making an accident claim, please feel free to read these guides.
An HSE guide to first aid at work
An HSE guide to PPE
A guide to preventing falls from the NHS
Thank you for taking the time to read our guide. We hope it has answered the question, “after a work-related injury which pays?”.