Could I Start An Industrial Accident Claim?

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If you were injured at work because your employer failed to provide a safe working environment as part of their duty of care, you could be eligible to make a claim. A successful industrial accident claim could see you awarded compensation for the injuries you suffered and the financial losses you have experienced as a result. 

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Industrial Accident Claim Guide

This guide will explain the eligibility criteria for putting forward a valid claim. It will also provide examples of different types of industrial accidents that could have occurred as a result of your employer breaching their duty of care.

Furthermore, this guide will explore the evidence needed to support your claim when seeking compensation.

We understand that you may still have questions after reading our guide. If so, our team could help by providing free legal advice and more information about your specific situation and your worker’s rights. For further help and advice, you can speak to an adviser now by using:

  • The number at the top of the page   
  • Our online contact form
  • The live chat feature below.

Choose A Section 

  1. Could I Make An Industrial Accident Claim? 
  2. Examples Of Industrial Accidents At Work 
  3. What Evidence Do I Need To Prove An Industrial Accident?
  4. How Much Is My Industrial Accident Claim Worth? 
  5. Should I Work With A No Win No Fee Solicitor? 
  6. Extra Guidance About An Industrial Accident Claim

Could I Make An Industrial Accident Claim? 

Health and safety legislation, such as the Health and Safety at Work etc. Act 1974 (HASAWA), sets out a duty of care for your employer to uphold. As part of this responsibility, they have a duty of care to take all reasonable steps and actions to protect your health and safety and well-being at work.  Furthermore, they should ensure they make your working environment as safe as they reasonably can.

If you are injured because your employer does not do everything they reasonably can to remove or reduce the risk of harm in your place of work, your employer could be found to be in breach of this duty.

Furthermore, you could be eligible to make a personal injury claim if you sustained any physical or psychological injuries as a result.  

For example, your employer may have failed to ensure a spill on the stairs was adequately signposted or cleaned up. As a result, you may have experienced a fall from a height at work.

If you would like to find out whether you’re eligible to make an industrial accident claim with a personal injury solicitor from our panel, please call the number above.

Industrial Accident Statistics 

The Health and Safety Executive (HSE) is the agency responsible for workplace health and safety enforcement and regulation. Reports of certain injuries and accidents are made to them by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

Additionally, they use self-reports made to the Labour Force Survey (LFS) to collate statistics of work-related illnesses or accidents.

According to the HSE, in 2020/21, there were:

  • 1.7 million workers suffering from work-related ill-health
  • 0.8 million workers suffering from work-related stress, depression or anxiety
  • 0.5 million workers suffering from work-related musculoskeletal disorders
  • 12,000 lung disease deaths associated with past exposures at work
  • 0.4 million workers who sustained a non-fatal injury
  • 142 workers killed

These were findings from LFS self-reports and RIDDOR employer reports. 

Examples Of Industrial Accidents At Work 

Although your employer’s duties will vary depending on the workplace, generally, they should:

  • Ensure regular risk assessments are carried out to highlight any hazards. They should also ensure they do all they reasonably can to remove or reduce the risk it presents.
  • Provide their employees with adequate training on health and safety policies and training they might require to carry out their tasks in a safe manner.
  • Provide their employees with free personal protective equipment (PPE) if it’s necessary for them to do so.

However, in some cases, an employer may fail to uphold their duty. As a result, it could result in the following industrial accidents:

  • Crushed by machinery: Your employer may have failed to regularly check that equipment was safe to use. As a result, you may have experienced severe crush injuries to your arms when using a piece of faulty equipment on the factory floor.
  • Exposure to harmful substances: It may have been necessary for your employer to provide you with PPE as the risk of a hazard was still present even after they did everything they reasonably could to remove it. However, your employer may have failed to provide you with gloves when working with harmful substances causing you to experience dermatitis.
  • Musculoskeletal disorders: Your employer may have failed to provide you with adequate training on how to carry out manual handling duties safely. As a result, you may have developed a painful back condition in a lifting accident at work.

To discuss your specific accident and find out whether you’re eligible to make an industrial accident claim, call our team on the number above.

What Evidence Do I Need To Prove An Industrial Accident? 

Gathering evidence of the injury and accident is an important part of the accident at work procedure. Evidence could come in the form of:

  • Photographs: This could include pictures of the injuries you sustained or pictures of the accident including the hazard that caused it to take place. 
  • Contact details of any witnesses: When you collect the contact details of witnesses, these could be used to gather statements at a later date.
  • Records of the accident: Workplaces that have more than 10 employees should have an accident book where records of accidents and injuries should be kept. You could obtain a copy of this and use it as evidence. 

Additionally, if you have not already done so, seek medical attention for the injury you suffered. This can help you understand more about your condition and ensure you receive the correct treatment.

Also, your medical records can be used as evidence in your claim. Furthermore, you may be asked to attend an independent medical assessment to produce a more in-depth report on the full extent of your injuries.

For more information on making an industrial accident claim, call our team. They could assess the validity of your case and if they find it has a chance of success, could assign a solicitor from our panel to represent your claim.

The solicitors on our panel could use their experience in handling different types of accident at work claims to help you gather relevant evidence.  They could also arrange for you to attend a local medical appointment as part of the services they provide. 

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How Much Is My Industrial Accident Claim Worth? 

The compensation amount awarded in a successful industrial accident claim will be influenced by the specific nature of your injuries. This includes the severity and the effect it has had on you.

The head of claim that intends to provide compensation for the pain and suffering your injuries have caused is called general damages. It covers physical injuries and psychological injuries such as emotional distress.

The Judicial College Guidelines (JCG) publication is often used to help when your injuries are being valued. The JCG provides compensation brackets for injuries based on previous settlements reached in court. 

We have included figures from this publication in the table below. However, you should only use the figures as a guide because other evidence will be used alongside the JCG when valuing your injuries.

Medical reports, for instance, will be used to assess the impact your injuries have had on your quality of life and the future implications they may have.

InjuryNotesAward
Moderately Severe Brain Damage (b)Brain damage that leaves a person very seriously disabled. £205,580 to £264,650
Moderate Brain Damage: (c) (i)Damage to the brain that causes a moderate to severe intellectual deficit as well as a change in personality and other symptoms.£140,870 to £205,580
Chest Injuries: (c)Damage to chest and lung resulting in an ongoing disability.£29,380 to £51,460
Chest Injuries: (e)Where the person has inhaled smoke or toxic fumes and is left with residual damage that doesn't have a permanent effect on lung function.£5,000 to £11,820
Lung Disease: (b)Lung cancer that results in pain of a severe nature. It will also impair function and affect the person's quality of life.£65,710 to £91,350
Psychiatric Damage: Less severe (d)The award given will account for the amount of time someone has been affected as well as other factors.£1,440 to £5,500
Neck Injuries: Moderate (b) (ii)Examples might include injuries that have caused the acceleration and/or the exacerbation of a pre-existing condition over five or more years.£12,900 to £23,460
Minor Eye Injuries: (h)Injuries might include those sustained from exposure to fumes or liquids being splashed in the eyes.£3,710 to £8,200
Partial Hearing Loss or/and Tinnitus: (d) (iii)The person may experience tinnitus of a mild nature with some noise-induced hearing loss.£11,820 to £13,970
Back Injuries: Minor (i)Injuries such as less serious strains, sprains and soft tissue injuries that may recover without surgery within 5 years. £7,410 to £11,730

What Additional Costs Could I Claim?

You could also be awarded compensation for the financial losses you have suffered because of your injury. For example, if you: 

  • Lose your source of income as you cannot work  
  • Spend money on care costs or medical treatment not available on the NHS
  • Have to spend money on aids, such as those that help you with mobility 

You could claim these expenses back under special damages. 

However, it is important to document and maintain records of the financial effects you have incurred because of your injuries. For example, receipts for care costs or payslips that prove the income you have lost out on. 

If you have more questions about compensation awarded following a successful industrial accident claim, get in touch with one of our advisers now. They offer more guidance on claiming compensation for an injury at work and could provide a free valuation of your injuries.

Should I Work With A No Win No Fee Solicitor?

You may find it beneficial to have a No Win No Fee solicitor represent your claim. A solicitor working on this basis will not charge you an upfront fee for their services, nor will they charge you ongoing fees while they represent you.

As part of the agreement you enter into with your solicitor, if your claim is successful, you will be charged a success fee. This is a legally capped percentage of the compensation you are awarded. If you are not awarded compensation, you will not pay the success fee.

Our panel of personal injury solicitors could handle your industrial accident claim on a No Win No Fee basis. You can reach out to an adviser now to see if one of the solicitors on our panel could represent you. 

Make An Industrial Accident Claim 

Our advisers are available to answer any questions you might have about making an industrial accident claim.  

You can reach them now via: 

  • The number at the top of the page   
  • Our online contact form
  • The live chat feature below.

 Extra Guidance About An Industrial Accident Claim 

Please see below for additional resources.

We hope this guide on making an industrial accident claim has helped. However, if you need any additional information, please get in touch by using the details below.

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