In this guide, we look at the process of making a work accident compensation claim. If you’ve been injured at work because of the negligence of your employer, you could be entitled to personal injury compensation.
There is a range of different injuries that you could sustain as a result of workplace negligence. We will look at some of these injuries later on in this guide. In addition, this article will look at how compensation is calculated, as well as some potential scenarios that could entitle you to claim.
Our experienced team of advisors are on hand to offer free legal advice. They could also connect you with a personal injury solicitor from our panel, provided your claim has a good chance of success. Find out more in the sections below, or:
- Get started right now by calling our team on 0800 408 7825.
- Email if you prefer at Public Interest Lawyers
- Use our ‘live support’ option for immediate free advice about what to do next.
Select A Section
- What Is A Work Accident Compensation Claim?
- Steps To Take When Making A Work Accident Compensation Claim
- How Does The Work Accident Compensation Claim Process Work?
- How Do I Prove My Employer Breached Their Duty Of Care?
- Check How Much You Could Get For Your Work Accident Compensation Claim
- Discuss Your No Win No Fee Claim With Our Team
All UK employers have a duty of care under the Health and Safety At Work etc. Act 1974 (HASAWA) to ensure their employee’s safety as far as is reasonably practicable. If an employer breaches this duty of care, and you are injured as a result, you could be entitled to make a claim.
It’s important to note that you cannot claim compensation just because a breach of duty of care occurred. You must have sustained an injury as a result. You can claim compensation for both physical and psychological injuries that you experience as a result of employer negligence. Later on in this guide, we’ll look at how injuries are valued.
Our team of helpful advisors could connect you with a personal injury lawyer who might be able to take up your case on a No Win No Fee basis, provided you have a valid claim. Read on to find out more about how this could help you make a work accident compensation claim.
When starting out on a work accident compensation claim, there are some useful steps to take and items of proof that you can start to assemble:
- Seek medical attention. This will ensure that you have the best chance of recovery, and the records generated could be used to value your claim.
- Record or report the accident in your workplace accident book
- Take photos of the area or what caused the accident
- Collect contact details from people who may be able to give statements
- Obtain CCTV footage if possible
If you choose to engage the services of a personal injury solicitor, they could help with gathering this evidence. While not a legal requirement, a solicitor could help the process feel smoother and easier than it otherwise would.
You may be wondering, “what happens when I make a personal injury claim?” If you work with a personal injury solicitor from our panel, there are certain steps that they will take when working on your claim. These include:
- Discussing what happened to you and the impact it has had
- Assisting with the collection of evidence that shows your employer breached their duty of care
- Arranging an impartial, independent medical assessment to obtain a full picture of injuries
- Ensuring that the relevant pre-action protocols are fulfilled
- Reviewing settlement offers and negotiating a fair compensation award
- Advising you on the best time to accept or decline an offer of compensation
- Represent you in the unlikely event of the case needing to go all the way to court
As we have already mentioned, you can pursue compensation without having a solicitor work on your case. However, pursuing compensation can be stressful when working alone, especially if you’ve sustained injuries that you are trying to recover from. Speak with one of our advisors today for free legal advice about pursuing a work accident compensation claim.
The HASAWA is the piece of legislation that outlines some of the things employers need to do to keep their employees safe. It outlines that employers need to take all reasonably practicable steps to reduce the risk of injury and illness.
Some of the duties that fall under an employer’s responsibility include:
- Maintaining good housekeeping. For example, employers should ensure that all walkways are free of obstructions like stacked items and trailing wires. Flooring should be appropriate and properly fitted.
- Providing Personal Protective Equipment (PPE). In some roles, you may need PPE to do your job safely. This could include safety goggles, a hard hat or specialised footwear. Your employer should provide you with this PPE, and you should not be charged for PPE that you need to carry out your role.
- Ensure equipment is safe and well-maintained. Your employer should ensure that any machinery or equipment you need to do your job is safe to use.
- Providing training. Your employer has an obligation to ensure that you receive the training you need to do your role safely.
- Conduct regular risk assessments and act upon the findings. Hazards can be identified and removed as the result of risk assessments. If they cannot be removed, they should be reduced.
For more information on how to tell if your employer has breached their duty of care towards you, causing you to be injured, speak with a member of our team today. If you have a valid case, an advisor could connect you with a solicitor from our panel.
You may be wondering, “how much could I receive in a work accident compensation claim?” The Judicial College Guidelines lists guideline compensation brackets, and it’s a publication that is used to help value claims. We’ve included some of these brackets in the table below:
|JC Guidelines bracket
|£205,580 to £264,650
|Serious disability and substantial dependence on others.
|£14,380 to £40,410
|Good recovery made but all normal functions may not be restored.
|£85,470 to £151,070
|Spinal and root nerve damage resulting in very serious consequences.
|£11,730 to £26,050
|Soft tissue, muscle and disc damage with a possible need for surgery
|£36,770 to £56,180
|Significant and permanent residual disability
|£6,190 to £18,020
|Simple forearm fractures
|£51,460 to £85,600
|Very serious injuries resulting in permanent problems with mobility.
|Less Serious (i)
|£16,860 to £26,050
|incomplete fractures and soft tissue damage
|£51,420 to £65,710
|Damage to chest and lung causing disability.
|Up to £3,710
|Fractures of ribs or soft tissue injuries causing pain and disability for a period of weeks.
The part of your compensation that considers your injuries is known as “general damages”. However, you could also be entitled to special damages. This covers any financial losses you’ve incurred and can include:
- Loss of earnings
- Medical treatment not available in the NHS
- Necessary adaptations to your car or home
- Costs to help at home with domestic needs like cooking or cleaning
Importantly, it’s only possible to make a single claim for personal injury, so it’s essential to include all the predicted expenses that may arise in the future as well. A personal injury solicitor from our panel could help with this; speak with one of our advisors to find out more.
If you decided to seek legal representation for your work accident compensation claim, a No Win No Fee agreement could help. When you work with a personal injury solicitor in this way, there are numerous advantages, such as:
- No cost to hiring a No Win No Fee solicitor
- No fees to pay to retain them through your case
- If for some reason the case fails, there is nothing to pay them at all
A No Win No Fee personal injury solicitor only deducts a percentage of your compensation as a “success fee” at the end of a case that wins. Because this is legally capped, this also ensures that you always receive the bulk of your compensation.
So, with this in mind, find out more about how we could help you by:
Work Accident Compensation Claim Resources
In conclusion, as well as the highlighted text throughout this article, you can access more information on the links below:
- More information about getting signed off work after a workplace injury accident
- Information on claiming for a manual handling accident at work
- Guidance regarding the time limits that apply to personal injury claims.
- NHS guidance on paying for your own care
- Information about preventing slips and trips at work
- Government guidance on claiming Statutory Sick Pay (SSP) if you’re off work without full pay.
If you’d like more information on making a work accident compensation claim, speak with one of our advisors today.
Guide by EA