In the following article, we discuss workplace health and safety regulation and advise on how to claim following your injury at work. Included is a guide about accident at work compensation, and what you may come across when contacting work-related injury lawyers.
Our panel of advisors and solicitors are always here to help, so get in contact to learn more about personal injury law or making a claim.
Choose A Section
- How To Successfully Claim Accident At Work Compensation
- What Are Examples Of Accidents In Work?
- How Can I Respond To A Workplace Accident?
- Placing A Value On Accident At Work Compensation
- Is It A Requirement To Use A No Win No Fee Solicitor?
- Find Out More About Making A Claim For Accident At Work Compensation
How To Successfully Claim Accident At Work Compensation
Having suffered an accident at work that resulted in physical or mental harm and potentially financial losses too, you may want to investigate whether or not you can claim.
To ensure a successful claim, you must prove negligence on the behalf of your employer. You’d need to show that they owed you a duty of care, they breached that duty and that resulted in your injury.
There are various pieces of legislation that outline specific duties an employer has, such as regarding:
- Faulty Equipment: The Personal Protective Equipment at Work Regulations 1992 regulates the personal protective equipment (PPE) you need to do your job safely.
- Unsafe work areas: The Workplace (Health,Safety and Welfare) Regulations 1992 ensures that workplaces have a standard for ventilation, temperature, population and cleanliness.
- Unsafe substances: The Control of Substances Hazardous to Health Regulations 2002. This outlines how employers should ensure employees’ safety when dangerous substances need to be stored and handled.
An Employer’s Duty Of Care
To adhere to their duty of care, employers can:
- Identify potential causes for illness or injury in the workplace (hazard)
- Decide the likelihood of injury and how serious it could be (the risk)
- Take appropriate actions to eliminate the hazard. If this isn’t possible, they should control the risk.
- Provide employees with appropriate health surveillance according to the risks to health and safety identified in the assessment.
To find out more about claiming accident at work compensation, contact our advisors.
What are Examples of Accidents in Work?
Accidents at work aren’t uncommon occurrences. According to health and safety statistics, in Great Britain in 2020/21, 441,000 workers self-reported suffering injuries at work. 51,211 injuries to employees were reported by employers under The Reporting Of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
Musculoskeletal disorders (MSD) are one of the most commonly reported occupational illnesses in Great Britain. These include disorders of the back and limbs, with the arms most commonly affected.
Prevalent in all industrial sectors, MSDs particularly affect workers in the following industries:
- Agriculture
- Fisheries
- Logistics and Transport
- Construction
- Health and social care
According to the Labour Force Survey, 822,000 workers also suffered from work-related stress, depression or anxiety in 2020/21.
The Health and Safety at Work etc. Act 1974 establishes the duty of care you are owed by an employer, stating the need for an employer to do everything reasonably practical to reduce the risk of injury or sickness in employees.
Despite this, slips, trips and falls still account for a majority of non-fatal workplace accidents. Often preventable with simple workplace health and safety signage, slips, trips and falls caused 33% of non-fatal injuries as reported by employers in 2020/21.
Handling, lifting and carrying injuries caused 18% of non-fatal injuries to employees.
For more information on workplace accident statistics, visit the Health and Safety Executive. If you’d like our advisors to value your accident at work compensation claim for free, get in touch.
How Can I Respond To A Workplace Accident?
When you are subject to an injury at work that was caused by employer negligence, you should react quickly.
- Seek medical attention: For your or others’ safety, immediately seek assistance from a medically trained member of staff. Your well-being is paramount. However, this also has the added benefit of providing a record of the injury that you can later call upon if you make your claim.
- If needed, ensure your employer has reported the incident to Health and Safety Executive (HSE) in accordance with RIDDOR.
- Speak with witnesses: Gather the contact details of any witnesses present that will be able to corroborate the story.
- Photograph the scene of the accident or injury: Photographic evidence can be helpful in supporting a workplace accident claim.
- Gather CCTV footage: If your workplace has it installed, place a request for company CCTV footage of the incident as it can be useful evidence. All workers have a right to request company CCTV of themselves.
- Consult a solicitor: It could be worthwhile to seek legal advice on what steps to take in order to file a claim. A solicitor could also answer any other queries you may have.
If you reach out to our advisors, they could connect you with a lawyer from our panel if you have a favourable claim.
Placing A Value On Accident At Work Compensation
A publication called the Judicial College Guidelines (JCG) lists the potential payment brackets for different injuries. The amount of compensation awarded will vary significantly depending on factors such as the nature of the injury and the long term ramifications. Always considered is the extent of suffering caused by the injury upon you, the claimant.
We’ve created the below compensation table and included figures from the JCG to help illustrate how different injuries might be valued.
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Achilles injury: most serious | Around £36,060 | Achilles tendon is severed, restricting ankle mobility |
| Modest ankle injury | Up to £12,900 | Consistent with fractures or ruptured ligaments, for example. |
| Loss of both arms | £225,960 - £281,520 | A person with full awareness is reduced to a state of helplessness. |
| Moderate back injury (i) | £26,050 - £36,390 | Considered are a wide range of back injuries such as ligament damage or lumbar compression, constant pain and/or discomfort. |
| Total Loss of Hearing in One Ear | £85,170 - £102, 890 | Complete hearing loss resultant of injury. |
| Transient Eye Injuries | £2,070 - £3,710 | Full recovery in a few weeks |
| Severe Fractures to Fingers | Up to £34,480 | Compensation may consider loss of grip, deformities and partial amputation. |
| Total or Effective Loss of Both Hands | £132,040 - £189,110 | Compensation amounts consider hands rendered useless or amputation. |
| Moderately Severe Brain Damage | £205,580 to £264,650 | Cases affecting memory with a reduced ability to work or severe cases resulting in personality change, epilepsy and no ability to work. |
General damages compensate you for your injuries, whether mental or physical.
As well as this, you could be able to claim compensation for financial losses associated with your injuries. This is known as special damages. It can include:
- Past and future loss of earnings
- Past and/or future medical treatment costs
- Travel expenses
- Past or future care costs (for those needing assistance for everyday household tasks)
- Potential loss of pension contributions
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Is It A Requirement To Use A No Win No Fee Solicitor?
You can make a claim against an employer for injuries resulting from their breached duty of care. In which case, you may wish to hire a solicitor or work injury lawyer.
While it is not mandatory that you hire a No Win No Fee solicitor, a No Win No Fee agreement can make funding the services of a solicitor affordable.
Also known as a ‘Conditional Fee Agreement’ or ‘CFA’, No Win No Fee agreements ensure you are not beholden to any solicitor fees accrued for the duration of your claim. Furthermore, should it be an unsuccessful claim, you wouldn’t have to pay the solicitor’s fee.
Upon making a successful accident at work claim, however, you would be asked to pay a success fee to your solicitor. These are capped by law to ensure the majority of the compensation remains with you.
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Find Out More About Making A Claim For Accident At Work Compensation
These pages might give you extra, helpful information.
Health and Safety Law: What you need to know.
How do I know if I’ve broken a bone? NHS advice
We also have useful guides:
- Claiming Compensation For An Accident At Work
- Can I Make A Forklift Accident Claim?
- Broken Foot At Work Claims
- Eye Injury At Work Claims
- Statutory Sick Pay After A Workplace Accident
- Making A Successful Head Injury at Work Claim
- Broken Bone At Work Claims
- How Do I Prove I Sustained An Ankle Injury at Work?
- Do I Receive Full Pay If I’m Injured At Work?
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