In this guide, we will discuss the steps involved in making a personal injury claim if an accident that caused you harm has left you unable to work. We will also look at the criteria that needs to be met in order for you to seek compensation.
There are certain third parties that owe you a duty of care, such as road users, employers and those in control of a public space. If this duty is breached, it could lead to you experiencing harm in an accident. We will discuss the legislation that outlines the duty you are owed and how you could be injured if this is breached.
Additionally, this guide will discuss the evidence you can gather to support your claim. It will also examine examples of personal injury compensation settlements.
Finally, we’ll explore why you may find it beneficial to start a claim with a No Win No Fee solicitor and the services they could offer.
Our expert advisors are here 24 hours a day to offer free legal advice. Therefore, if you have any questions after reading, you can get in touch by:
- Telephoning on 0800 408 7825
- Chatting to an advisor using the live-chat box
- Filling out our contact form
Select A Section
- A Guide On Claiming If You Were Unable To Work After Being Injured
- How Long Do I Have To Claim For An Accident At Work?
- What Evidence Could Prove I Was Unable To Work?
- Examples Of Personal Injury Claim Compensation Settlements
- Start A No Win No Fee Claim If An Accident Left You Unable To Work
- Find Out More about What To Do If You Were Unable To Work
In order to make a personal injury claim following an accident in which you were injured, you must prove the following:
- You were owed a duty of care
- This duty was breached
- You experienced harm as a result.
These three points amount to negligence, for which you could be eligible to seek compensation.
Public Place Accidents
The Occupiers’ Liability Act 1957 lays out the duty of care that those in control of a public space owe. They are responsible for taking steps to ensure your reasonable safety.
They can do this by conducting regular risk assessments, responding to reports of hazards, and providing their employees with up-to-date safety training.
If they fail to do this, a member of the public could be injured as a result. For example, they might slip on a wet floor in a supermarket because there was no signage to make them aware of the spill. As a result, they might have sustained a broken wrist injury and head injury.
Road Traffic Accidents
The Road Traffic Act 1988 sets out the duty of care for road users. They must navigate the roads in a way that prevents harm to themselves and others. Also, the Highway Code sets out rules and guidance for different road users.
A failure to do so could lead to another road user experiencing harm in a road traffic accident. For example, another driver may fail to check their mirrors before overtaking on a narrow road. As a result, they may be involved in a head-on collision and sustain a severe neck injury and back injury.
Accidents At Work
Employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974. As such, they need to take reasonable and practical steps to prevent employees from becoming injured in the workplace. They can do this by mitigating the risk of known hazards in the workplace.
For example, they should provide adequate training to employees so they are able to perform their work-related duties safely. A failure to do so could mean an employee uses a forklift truck without training and sustains severe injuries in an accident as a result.
If you have been injured in an accident that was caused someone breaching their duty of care and have been unable to work as a result, you may be eligible to make a personal injury claim. Call the number above to learn more.
In general, you will have three years from the date of your injury to begin a personal injury claim. This is set out in the Limitation Act 1980.
There are, however, some exceptions to these limitations. For example, if the person lacks the mental capacity to start their own claim or if the person was injured when they were under the age of 18, the time limit is suspended. The courts can appoint a litigation friend to act on the claimants behalf whilst the time limit is paused.
To find out more about the time limits and when an exception could be made, contact one of our expert advisors today using the contact information above.
If you are unable to work because of an injury and want to make a claim, you should gather evidence to support your case and prove your personal injury claim. Some steps you could take towards gathering evidence include:
- Taking down the contact details of potential witnesses to your accident
- Requesting CCTV footage of the accident
- Taking photographs of the scene of your accident and your injury
- Keeping a diary of your mental state before and after the accident, as well as any medical appointments you attended
- Getting medical care and requesting copies of your medical records.
If you struggle to find evidence to support your claim, our panel of personal injury lawyers could help you with this. To find out whether you could be put in touch with a solicitor, contact our expert advisors today using the contact details above.
You can be compensated under two heads of claim if your personal injury claim is successful. These are known as general and special damages.
General damages can compensate you for the physical and mental suffering and pain you have experienced because of your injury. The figures in the below table are taken from the Judicial College Guidelines, a document used by solicitors to help them calculate the worth of injuries.
The figures in this table are not guaranteed, as each injury and claim is unique.
|£65,740 to £130,930
|Injuries that cause fractures or dislocations or lead to severe damage to the soft tissues. There will be a significant disability that is permanent.
|£13,740 to £24,990
|This bracket includes injuries that have accelerated or exacerbated a pre-existing condition over a longer period of time.
|£38,780 to £69,730
|Disc lesions or fractures are covered in this bracket.
|£12,510 to £27,760
|Muscles and ligaments are disturbed which leads to aching in the back.
|Total or effective loss of both hands
|£140,660 to £201,490
|Extensive damage to both hands from a serious injury. This renders them little more than useless.
|Serious damage to both hands
|£55,820 to £84,570
|These injuries will result in permanent cosmetic disability and significant loss of function.
|Both legs are lost (i)
|£240,790 to £282,010
|This bracket includes where both legs are amputated above the knee.
|One leg amputated above the knee (iii)
|£104,830 to £137,470
|The award given will depend on factors such as the level of amputation and the severity of any phantom pains.
|£52,120 to £69,730
|A leg fracture extending into the knee joint causing constant pain.
|£14,840 to £26,190
|Injuries that involve dislocation or cartilage tears are covered in this bracket.
Further Ways You May Be Compensated
If you are unable to work after an injury, you may lose income because of the time you have to take off work. If this is the case, you may be eligible to seek reimbursement of lost earnings under special damages. This is the head of claim that compensates for financial losses caused by your injuries. Other losses you could claim back include:
- Care costs
- Medical expenses
- Travel expenses
You need to provide evidence of these losses, such as payslips and receipts.
To find out more about what you could claim in compensation following a successful claim, contact one of our expert advisors today using the contact details above.
If your claim is eligible, our panel of personal injury solicitors could offer you a kind of No Win No Fee agreement called a Conditional Fee agreement.
In general, under the terms of this agreement:
- You will not owe your solicitor any money upfront or while the claim is ongoing for their services.
- If your case should fail, you will not owe your solicitor any money for their work.
If your case is successful, you will owe your No Win No Fee solicitor a small fee deducted from your compensation. This is known as a success fee and is capped by The Conditional Fee Agreements Order 2013.
Talk To An Expert
Our advisors are here 24 hours a day to give you free legal advice. Should your claim be eligible, they can also put you in contact with a solicitor from our panel, who could help you with your claim.
To contact them, you can:
Some more of our personal injury guides:
- Lost Wages Due To A Work Injury
- How Much Compensation For A Fall Could I Claim?
- Mental Health Compensation Calculator Guide
Useful external resources:
- Compensation after an accident or injury – GOV
- How do I know if I’ve broken a bone? – NHS
- Workplace accident statistics – Health and Safety Executive
If you have suffered an injury at work which has left you unable to work, call our team for more information on whether you could be eligible to seek compensation.
Article by RR