If you have been injured in the workplace, you may wonder if you could make an accident at work claim. The consequences of a workplace injury can have a major impact on your quality of life.
In this article, we will discuss what makes a personal injury claim eligible for compensation. We will also discuss your rights following an accident at work, and how reporting a workplace injury can help you strengthen your potential claim.
This guide will aim to answer any questions you may have about claiming following an accident at work. However, should you have any remaining queries, we recommend you get in touch with an advisor from our team for more information by:
- Calling on 0800 408 7825
- Contacting us online
- Using the live chat feature for instant support
Select A Section
- What Is An Accident At Work Claim?
- Examples Of Accident At Work Compensation Payouts
- What Evidence Can Help Me Prove An Accident At Work Claim?
- Do I Need To Report An Accident At Work?
- I Had An Accident At Work, What Are My Legal Rights?
- How Long After An Accident At Work Can You Claim?
- Make A No Win No Fee Claim For An Accident At Work
What Is An Accident At Work Claim?
An accident at work claim aims to return you to the position you were in before your accident at work occurred, as much as this is possible. In order to claim, you need to show that you were injured as a direct result of negligence.
Every employer owes their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that they must take all reasonably practicable steps to keep you safe when you are working. If your employer fails to fulfill this duty, and this results in you suffering an injury, this is known as negligence. You might be able to claim for the harm you were caused.
Speak with an advisor for guidance on whether negligence was the cause of your accident.
Examples Of Accident At Work Compensation Payouts
If your accident at work claim succeeds, you could receive up to two heads of compensation. These are general damages and special damages. General damages offer compensation for the pain and suffering you experience as a result of your injuries.
Solicitors will value this amount by taking many different factors into consideration, and they may also consult the Judicial College Guidelines (JCG). This publication offers guideline brackets for settlement awards in regard to various injuries. You can see some examples of these brackets below, but please note that these figures are not guaranteed. Every case is different, and so the compensation you may receive can vary.
| Injury Type | Severity | JCG Bracket |
|---|---|---|
| Very serious multiple injuries and special damages. | Very Severe | Up to £1,000,000+ |
| Brain Damage | Moderately Severe (b) | £219,070 to £282,010 |
| Brain Damage | Moderate (c) (i) | £150,110 to £219,070 |
| Kidney Injuries | Loss | £169,400 to £210,400 |
| Chest Injuries | Traumatic Injury to the Chest, Lungs or Heart (b) | £65,740 to £100,670 |
| Eye Injury | Total Loss of One Eye | £54,830 to £65,710 |
| Digestive System Injury | Damage Resulting From Traumatic Injury (a) (i) | £43,010 to £61,910 |
| Back Injuries | Moderate (b) (i) | £27,760 to £38,780 |
| Hernia | Continuing pain (a) | £14,900 to £24,170 |
| Other Arm Injuries (d) | Simple | £6,610 to £19,200 |
| Leg Injuries | Less Serious (c) (iii) | Up to £11,840 |
Please note the top line has not been taken from the JCG.
Special damages aim to compensate you for the financial damage your injuries have caused. For example, if you suffered a back injury at work, then you may need to pay for a wheelchair. Similarly, if you were to experience a leg amputation, then you may need to pay for adjustments to be made to your home to cope with your disability. If your injuries mean that you cannot work, you may be able to claim for loss of earnings under special damages.
To learn more about the compensation you could get in a successful claim, contact our team of advisors.
What Evidence Can Help Me Prove An Accident At Work Claim?
Evidence is an important aspect of making an accident at work claim. You could provide evidence that shows that the incident was caused by negligence. Furthermore, you could provide proof of how your quality of life has been impacted by your injuries.
Suitable evidence in a personal injury claim could include:
- CCTV footage of the incident taking place
- The contact details of witnesses willing to provide a statement
- Medical records
- Photographs of the scene of the accident
- A diary of your symptoms and how you’ve been impacted by the accident and injuries
- Documents from your employer can also prove useful. For example, if they failed to conduct a risk assessment in relation to slips and trips and you get hurt, you could claim.
If you would like to find out if you could be eligible to claim accident at work compensation, get in touch with our team today.
Do I Need To Report An Accident At Work?
Under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), your employer must report certain workplace injuries to the Health and Safety Executive (HSE), which is a British workplace health and safety regulator. For example, there is a list of reportable incidents that the HSE must be informed of.
By law, any workplace with ten or more employees must have an accident book, which is used to record accidents including ones that do not need to be reported. Logging your accident and injuries in the workplace accident book is good practice, as it creates documentation of the accident. This can help prevent future injuries, and can also help strengthen your claim.
I Had An Accident At Work. What Are My Legal Rights?
You might be concerned about whether you can be dismissed following a workplace accident.
Generally, you cannot be dismissed for having an accident at work caused by employer negligence. You also typically cannot be dismissed if you decided to pursue an injury at work claim.
However, you could be dismissed if you can no longer carry out your work-related duties due to your injuries. Your employer should have tried to support you or given you reasonable time to recover.
If you can prove that you have been injured at work due to your employer breaching their duty of care, you could make a personal injury claim.
Get in touch with our advisors to discuss your legal rights following a workplace injury. They could also provide you with free advice for your potential claim.
How Long After An Accident At Work Can You Claim?
Another important factor in making an accident at work claim is the time limit. According to the Limitation Act 1980, you will typically have three years to start a personal injury claim following an accident at work. However, there are a couple of exceptions:
- For those who do not have the mental capacity to pursue their own legal claim, a time limit will not be put in place. While the claimant is incapable of making their own personal injury claim, a responsible adult with their best interest can apply to the court to be a litigation friend. A litigation friend can make the accident at work claim on behalf of the injured party. If the injured party recovers enough mental capabilities to make a claim and one has not been started for them, they will then have 3 years to initiate proceedings.
- If the injured party is considered a minor, someone under the age of 18, they cannot make a legal claim themselves until they turn 18, at which point they would have 3 years to do so. While they are still a minor, however, a litigation friend could make the claim on their behalf.
There are cases where this time limit can vary, however. To learn more about the exceptions to the injury at work claims time limit, get in touch with our team of advisors today.
Make A No Win No Fee Claim For An Accident At Work
If you are interested in making a workplace accident claim, our panel of experienced solicitors may be able to help. With a Conditional Fee Agreement (CFA) in place, which is a kind of No Win No Fee arrangement, you can access legal representation without paying any upfront fees. Similarly, under a CFA, your solicitor will not require any payments while your claim is ongoing.
Your solicitor will take a success fee in the event that you’re awarded compensation. This success fee is taken by your solicitor as a percentage of your compensation if your claim succeeds. However, it comes with a legislative cap, which helps to ensure that you get the majority of your award. You don’t pay for their services if you’re not awarded compensation.
To find out if a solicitor from our panel could help you start your claim, get in touch with our team today by:
- Calling on 0800 408 7825
- Contacting us online
- Using the live chat feature for instant support
Learn More About Safety In The Workplace
For more helpful workplace injury articles:
- Can You Claim For A Minor Accident At Work?
- Can I Get Compensation After A Serious Accident At Work?
- Who Is Liable For A Car Accident At Work?
- To find answers to some frequently asked questions on accident at work claims, check out this guide here. You can find information on time limits, the claims process, and examples of compensation payouts.
- The construction industry sees one of the more higher rates of accidents at work each year. In our guide to construction injury claims you can learn all about the eligibility criteria and how much compensation you could receive.
- If you’ve suffered an injury after a slip and fall on mud at work, you may find this guide useful. It explains the claims process and offers examples of different types of injuries and causes.
- If you’ve tripped and fallen at work due to the likes of an obstructed walkway or a spillage that hasn’t been cleaned up, you could claim compensation for the injuries suffered. You can learn all about your legal rights in our guide.
- If you’ve suffered an injury because you received no manual handling training at work, then you could be entitled to compensation. This guide offers lots of useful advice on proving such a claim and the legal requirements surrounding workplace manual handling training.
- Head here to learn all about claiming compensation for a fall at work caused by obstructed walkways. These types of trip hazards are a common cause of incidents, so you can learn all about your legal rights here
- If you’ve suffered an injury in a crane accident at work, you could be entitled to claim compensation. This guide offers lots of useful insights into your legal rights and potential compensation payouts.
Alternatively, to access more resources:
- NHS – Broken Bones
- GOV – Statutory Sick Pay (SSP)
- HSE – Worker’s Health and Safety
Get in touch with our team of advisors to start your accident at work claim.