Do you want to know more about claiming compensation for an accident at work? This helpful guide can answer your questions about the claims process.
You might be able to claim compensation if you sustained an injury at work. However, you would need to show that the injuries you sustained came about because of employer negligence. Determining who is at fault is a very important aspect of a claim.
If you would like any further information or guidance, please get in touch with our legal advisors. They are there to help you through the legal process and find you the right compensation.
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Choose A Section
- How To Successfully Claim Compensation For An Accident At Work
- What Could Cause A Workplace Accident?
- How To Take Action After A Breach Of Duty
- What Amount Of Compensation For An Accident At Work Could I Get?
- Reasons To Favour The Appointment Of A No Win No Fee Solicitor
- More Information About Claiming Compensation For An Accident At Work
How To Successfully Claim Compensation For An Accident At Work
If you’ve been injured at work because of your employer’s negligence, you could be entitled to compensation. You would need to show that the accident happened because of a breach of duty of care.
Your employer owes you a duty of care. This is set out in the Health and Safety at Work etc. Act 1974.
This duty of care means that they need to take all reasonably practicable steps to ensure your safety while in the workplace. If they fail to do so, and you’re injured as a result, you could sue your employer.
In order to claim compensation, you also need to make sure that you start your claim within the appropriate timescale. This is generally three years- however, sometimes exceptions do apply.
For example, if you were injured at work when you were under 18, the time limit would be suspended. While it’s suspended, a litigation friend can claim on your behalf. Once you turn 18, you have 3 years to pursue your own claim if one has not already been done.
There are other instances where the time limit may vary. Speak with an advisor for more information about the time limits that apply when claiming compensation for an accident at work.
Statistics About Typical Workplace Injuries
The Health and Safety Executive releases statistics related to workplace accidents that occur in Great Britain. Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), certain workplace accidents and injuries must be reported.
In 2020/21, there were 51,211 non-fatal injuries reported overall. The most commonly injured locations of the body to be injured were the upper limbs, with 18,988 injuries to this area. This is followed by the lower limbs, with 14,938 reported injuries.
What Could Cause A Workplace Accident?
As we have already mentioned, the HASAWA is the piece of legislation that outlines your employer’s duty of care towards you.
There are a number of different things that an employer would be expected to do to adhere to this duty of care. These include:
- Maintaining good housekeeping. For example, boxes and clutter left across a walkway could result in a slip, trip or fall.
- Providing appropriate Personal Protective Equipment (PPE). Your employer should provide you with the equipment that you need to do your role safely. If they fail to do this, you could be injured.
- Ensuring work equipment is safe and well-maintained. In some workplaces, you have to use specialised equipment to perform your job role. If this is not maintained properly or you use it when your employer knew, or should have known, that it was faulty, then could claim.
For more information on the duty of care that employers owe their staff and how this can be breached, speak with an advisor today. They can advise on claiming compensation for an accident at work.
How To Take Action After A Breach Of Duty
If you have been in an accident at work, and you’re interested in making a claim, there are certain steps that you can take.
The first thing that you should do is seek medical attention for your injuries, to ensure you get the treatment you need. This will generate a medical report that can be used in valuing your claim.
Photos of the injury, as well as the environment in which it happened, could demonstrate how the accident took place. The workplace should also have an accident at work book where you can record the accident by filling out an accident at work form.
You could obtain the contact information of any witnesses to the accident; this is so that a statement can be taken at a later date to corroborate your version of events.
You may also wish to acquire legal representation during the claim process. Legal jargon can seem daunting but we are here to help you through and clear any confusion.
For any further advice, contact us through our website and our advisors will be happy to help. They are available 24 hours a day, 7 days a week.
What Amount Of Compensation For An Accident At Work Could I Get?
In this section, we will look at calculating compensation for an accident at work. Guidelines released by the Judicial College can be used to help value accident claims.
Below, we have included extracts from these guidelines:
| Injury Type | How Much? | Description |
|---|---|---|
| Moderate Brain Damage (i) | £140,870 to £205,580 | A moderate to severe deficit in intellect and a change in personality. |
| Asthma | £9,990 to £18,020 | This bracket is considered when the injury has relatively mild asthma-like symptoms. |
| Burns | Likely to exceed £98,380 | Many different factors can be taken into account when assessing cases, this can be the extent of the burns, age of the person injured or the severity of the burns. |
| Bowels | £11,820 to £22,970 | Some permanent damage to the area but will be able to return to a natural function. |
| Severe (i) Neck Injuries | In the region of £139,210 | The injured person will have no movement function in their neck, despite wearing any type of protective collar 24 hours a day for an extended period. |
| Severe (ii) Back Injuries | £69,600 to £82,980 | The injury might have caused nerve root damage with a loss of sensation and an impact on mobility |
| Serious Shoulder Injuries | £11,980 to £18,020 | Any form of dislocation to the shoulder, resulting in any pain in the shoulder, weakness of grip, sensor symptoms in the forearm. |
| Arm Injuries | £36,770 to £56,180 | Any injury that results in a disability of a permanent nature. |
| Wrist Injuries | £44,690 to £56,180 | Injuries that could develop into a total loss of function. |
| Severe (i) Leg Injuries | £90,320 to £127,530 | Any injury that leads to permanent problems with mobility and there is the need for mobility aids. |
The figures in the table above illustrate general damages. This is the part of your claim that compensates you for the pain and suffering caused by your injuries.
You may also be invited to attend a medical assessment as a part of the claims process. This is where an independent doctor would assess you and make a report of your injuries. This report can be used to value your claim.
Special damages relate to the additional costs that you may have acquired during the claims process. You will be required to present evidence of these additional costs in order for them to be included in your claim. For example, you can show receipts or invoices to demonstrate what you have spent or lost.
Special damages can include:
- Loss of wages
- Travel
- Personal care
- Childcare costs
- Adaptations to your home
If you would like to ask our advisors to value your compensation claim for an accident at work for free, follow the banner below.
Reasons To Favour The Appointment Of A No Win No Fee Solicitor
When you make a compensation claim, you might benefit from legal representation. However, you might also be worried about the costs of hiring a solicitor. If so, a No Win No Fee agreement might benefit you.
If your claim is successful, then your solicitor will take a fee from the compensation; however, this is capped by law, ensuring that you aren’t overcharged. If your claim is unsuccessful then you don’t have to pay any fees to your solicitor at all.
It is important to note that you don’t need to use a solicitors service to begin your claim, but there are benefits to this. For example,
Our legal advisors can put you in touch with our panel of accident at work lawyers, provided you have a valid claim. Get in touch today for more information.
Claim Compensation For An Accident At Work By Working With Us
Our legal advisors offer free legal advice and are able to answer any queries that you might have about claiming compensation for an accident at work. This service is available 24/7; they can assess the validity of your claim and connect you with a solicitor if your claim is valid.
Feel free to contact us by:
- Following the banner above
- Filling out our contact form
- Using the live chat feature on this screen
More Information About Claiming Compensation For An Accident At Work
Below, we’ve included some additional resources that you might find useful:
- Government guidance on Statutory Sick Pay (SSP)
- NHS advice on when to call 999 after an accident
- The Provision and Use of Work Equipment Regulations 1998
- 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?
- Examples Of Accident At Work Compensation Payouts
- Do I Receive Full Pay If I’m Injured At Work?
Get in touch if you have any questions about claiming compensation for an accident at work.