I Had An Accident At Work, Can I Claim Compensation?

By Cat Mulligan. Last Updated 6th April 2023. In this guide, we will look at the process of claiming if you have had an accident at work. In order to claim, the accident in which you were injured must have been caused by your employer’s negligence. We will look at what negligence means later on in this guide. 

Had an accident at work

I had an accident at work, can I claim?

An accident at work can cause a range of different injuries. Some of these can be minor, such as scrapes and bruises. Others, on the other hand, can be serious, for example, a broken hip or a head injury. In some cases, an accident at work can even lead to death.

If you want to find out more about whether you could claim, why not contact our advisors? They can connect you to a solicitor from a panel who can help you with your case. To find out more, contact us by:

  • Calling us on 0800 408 7825
  • Making use of the live chat feature as seen at the bottom of your screen
  • Contacting us through the website

For more general information, please continue reading this guide.

Select A Section

  1. What Are My Rights If I Had An Accident At Work?
  2. I Had An Accident at Work, Can I Claim
  3. How Long After Having Accident At Work Can I Claim?
  4. What Should I Do If I Had An Accident At Work
  5. Do I Have Grounds To Claim Compensation?
  6. Calculate Compensation For An Accident At Work
  7. Call Us To Start A No Win No Fee Accident At Work Claim
  8. Where To Read More

What Are My Rights If I Had An Accident At Work?

There is no one single cause for accidents at work. They can be caused by caused by a number of factors, such as:

  • Poor housekeeping
  • Substandard training
  • A lack of personal protective equipment
  • Attempting to carry too heavy a load

This could result in a number of injuries. For example, you could experience a back injury as a result of negligence. Alternatively, a slip, trip or fall could cause you to experience a broken pelvis

Employers have a duty of care towards their employees. This is set out in the Health and Safety at Work etc. Act 1974.

This piece of legislation means that employers need to take all reasonably practicable steps to ensure your safety. This will include things like maintaining good housekeeping by ensuring walkways are clear and well-lit. They’re also responsible for making sure that all employees have appropriate training.

If you have had a workplace accident and want to find out more about your eligibility to claim, speak to an advisor from our team today.

I Had An Accident at Work, Can I Claim?

In order to claim compensation for your injuries, you need to show that your injuries happened as a result of employer negligence. This means that your employer must have breached their duty of care towards you.

Another factor that will be considered is causation. This is where it’s asked, “but for the incident, would the injuries have occurred?”. If the answer is “yes”, then the injuries will not be said to have been caused by the accident. As a result, you would not be able to claim. 

If you would like more information in relation to your accident, get in touch with our advisors. They can connect you to a solicitor from our panel for free legal advice.

How Long After Having Accident At Work Can I Claim?

Generally, the time limit for starting personal injury claims is three years from the date you had an accident at work, or from when you you gained knowledge that negligence caused your injuries. However, there are a few key exceptions that you should be aware of.

If you were under the age of 18 when your injury happened, your own time limit would only begin when you reached the age of 18. If you wanted to make a claim before this, a litigation friend can be appointed to manage the claim on your behalf.

This is also true for people who lack the mental capacity to claim. The time limit is suspended unless they recover their mental capacity to claim; a litigation friend can claim on their behalf while the time limit is suspended.  

If you are interested in making a claim after an accident at work but are not sure about how much time you have left to claim, speak to one of our advisors today. You could be connected with a No Win No Fee solicitor from our panel.  

What Should I Do If I Had An Accident At Work

If you have been unfortunate enough to have had an accident at work, here are some steps you may wish to take.

The first thing you should do is seek medical attention. You should do this even if you don’t think you’re badly injured initially, as some injuries can take time to develop. The report from this medical assessment will be used to value your claim.

You should also make sure that your accident is recorded in the workplace accident book. This will mean that there’s a record of the accident and how it happened that can be referred back to later.

In addition to this, you could speak to a union representative. They may be able to offer you guidance. However, this is only applicable if you are part of a union.

For free legal advice as well as the most relevant information possible related to your claim, why not get in touch with our advisors? They can connect you with a solicitor from a panel who may be able to represent you. 

Do I Have Grounds To Claim Compensation?

The strength of your evidence and the nature of your accident will help determine if you have grounds to claim compensation. As stated before, the accident that led to your injury must not be your fault or your claim will be dismissed.

In terms of evidence, here is a list of items you may wish to collect for your compensation case:

  • Footage from CCTV cameras related to your incident
  • Photography showing how your injury happened
  • Contact details from witnesses at the scene of the accident

You may wish to contact a solicitor to help represent you in your compensation claim. However, this is not mandatory. You are allowed to start a claim without one, but you may find the process is easier with a personal injury solicitor to help you. 

Calculate Compensation For An Accident At Work

If you’ve had an accident at work, you may wonder how compensation is calculated for successful claims. Compensation in accident at work claims is calculated on a case-by-case basis, with consideration being given to the unique circumstances of each case. For example, this could include the extent of your injuries, and how they’ve affected your life.

General damages is the compensation you receive for the suffering and pain you go through because of your injuries. When an accident at work solicitor calculates this head of claim, they may refer to the Judicial College Guidelines (JCG). This is because the JCG provides guidelines that solicitors can refer to in regard to settlement awards. Below, you can find a table with some examples of these settlements.

InjurySeverityNature of IncidentPossible Compensation
Injury to the Back Moderate (i) Includes injuries such as lumbar vertebrae fractures, prolapsed discs, as well as a future risk of osteoarthritis.£27,760 to £38,780
Injury to the NeckModerate (i) This bracket includes injuries which may need spinal fusion, leading to impaired function or activity limitation.£24,990 to £38,490
Injury to the PelvisModerate (i) Includes significant injury to pelvis but where future risk is not regarded as significant. £26,590 to £39,170
Injury to the ElbowLess Severe InjuriesThis may be a significant injury but will not involve surgery or impairment.£15,650 to £32,010
Injury to the ArmsLess Severe InjuryInjuries in this bracket can cause significant disability but great degree of recovery expected.£19,200 to £39,170
Injury to the LegsLess Serious Leg Injuries (i) Can include incomplete recovery from a fracture or soft tissue injuries that are more severe.£17,960 to £27,760

You could also be eligible for special damages. This heading allows you to claim back financial losses caused by your injuries. For example, these could include:

  • Lost earnings
  • Medical expenses
  • Prescriptions
  • Home adjustments, such as widened doorways to allow a wheelchair
  • Mobility aids

However, to claim under this heading, it’s important to collect evidence to prove these losses, such as bills, invoices, or receipts.

To find out how a solicitor from our panel could help you claim compensation for an accident at work, contact our team of advisors.

Call Us To Start An Accident At Work Claim On A No Win No Fee Basis

A personal injury solicitor can represent your claim on a No Win No Fee basis. This means that in the event that you are unsuccessful, this means you will not be required to pay for your solicitor. You also won’t be asked to pay anything upfront or while your claim is ongoing. 

If you win, however, you pay a legally-capped success fee which is a small percentage of your compensation. To find out more about No Win No Fee agreements in relation to legal representation for your accident at work claim, get in touch today by:

  • Calling us on 0800 408 7825
  • Making use of the live chat feature as seen at the bottom of your screen
  • Contacting us through the website

Where To Read More

I’ve Broken My Ankle At Work, How Much Can I Claim?

Eye Injury At Work Compensation Case Study Guide

Broken Hand At Work Compensation Claims Guide

Request CCTV footage of yourself

RIDDOR – Who should report? – HSE

Statutory Sick Pay (SSP) Eligibility 

Thank you for reading our guide on how you could be eligible to claim after you’ve had an accident at work.

Article by EC

Publisher ET