How Could I Make A Claim For An Accident At Work?

An accident at work can be damaging. It’s a disruption that can impose a negative financial and physical impact and leave you in a state of uncertainty. The effects can be mentally draining and have implications that go far beyond the date of the accident.

If the injury was not your fault and brought on by the negligence of your employer, you could be able to claim compensation.

Employers have a duty of care to protect employees’ safety in the workplace as much as is reasonably practicable. A breach of this duty causing your injury could see your employer held responsible.

If you have any questions, why not get in touch? Our advisers can offer a free consultation to discuss your potential case and help you assess whether your accident could constitute as workplace negligence and be grounds for a claim. Follow the banner at the top of this page.

Choose A Section

What Is An Accident At Work?
Examples Of Workplace Accidents
What Should I Do If An Employer Breaches A Duty Of Care Prior To An Accident At Work?
Calculating Compensation For Injuries Suffered In The Workplace
Could I Use No Win No Fee Accident At Work Solicitors?
Find Out More About How To Prevent Accidents

What Is An Accident At Work?

The Health and Safety Executive (HSE) defines an accident as ‘an event that results in injury or ill health’.

Up to 441,000 workers self-reported suffering a non-fatal injury at work to the Labour Force Survey. 102,000 of those resulted in injuries that lasted over seven days.

Injuries affecting people working in manual jobs such as construction, manufacturing or transport were at a rate of 3,000 injuries per 100,000 workers.

Ensuring workers’ safety is paramount. If an accident at work is caused by an employer’s breach of their duty of care, you could claim.

Examples Of Workplace Accidents

According to employers reporting injuries under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), the most common accidents causing non-fatal injuries reported in 2020/21 were:

Slips, trips or falls – 33%
Lifting, carrying or handling – 18%
Striking by a moving object – 10%
Acts of violence – 8%
Falls from a height – 8%

Prevention

What can and should be done to prevent accidents at work is covered under various health and safety regulations, with the primary one being the Health and Safety at Work etc. Act 1974.

It details an employer’s duty of care and the various actions they’re required to perform under the legislation, some of which include:

Conducting risk assessments, and ensuring employees are informed of any risks associated with the tasks they’ll be performing.
Providing proper training, for manual handling tasks or use of machinery and equipment. Any work-related activity that could impact an employee’s health should have training and safety systems in place.
Addressing any concerns brought about by employees.
Ensuring equipment and machinery is safe to use and carrying out regular maintenance and checks.
Providing Personal Protective Equipment (PPE) wherever necessary.

The idea behind the legislation is to ensure everything that can be done within reason to avoid a work accident is carried out. To do this, employers can use:

Risk assessments and hazard signs to avoid slips.
Manual handling training to protect employees from strains and pulls.
Implementation of safety systems to avoid collisions.
Feedback of any safety or harassment concerns to undermine any threats of violence.
Safety guards or two-man ladder systems for any work at heights.

If factors that contribute to accidents can be avoided, they should be. If they are not, or any of the duties above were not carried out and this caused your workplace injury, your employer could be held liable and you could be due compensation.

You can talk to an adviser for any information regarding your case and an assessment of whether or not your employer was to blame.

What Should I Do If An Employer Breaches A Duty Of Care Prior To An Accident At Work?

Regardless of whether or not the work accident arose from a breach of a duty of care, the first advice always given is to seek out any needed medical attention.

After treatment, take any steps you can to gather or maintain evidence of the incident. This can be in the form of:

Photographs of the site, and of any hazard that contributed to the accident.
Recording the accident in the work accident report book.
Taking names and contact details of any witnesses.

Any previous correspondence highlighting the hazard, or bringing it to your employer or manager’s attention should be retained.

Making A Claim

Before making any claim, a full medical assessment of the injury should be sought. An exacerbation or complication from the injury can affect you in the future financially and in the way of ability. The full extent of the injury and any possible complications should be examined and understood before assessing an amount. What you seek in a settlement should be as comprehensive as possible.

Filing a claim does not require a legal representative. You can represent yourself and initiate actions to start a claim. However, we believe there are benefits to using the services of a solicitor to claim, such as solid legal knowledge.

The process of making a claim is guided through a set of protocols known as pre-action protocols. They ensure that both sides have clear lines of communication and inform each other fully about any information or developments in the claim.

The process begins with sending a letter before the claim; two copies of a letter containing the full information of the claim. They’re addressed to the defendant, in this case, your employer; with the second for their potential representatives, normally their insurers.

It should contain:

Concise details of the accident (or cause of injury)
The reason you’re alleging fault
Details of your injury
Any loss of earnings and other financial costs
Information about any evidence you have.
A reasonable expected time for a response.

A response should follow, and discussions or negotiations would be made towards a settlement. Failing this, it will go to court to be resolved. However, most claims don’t go to court.

Calculating Compensation For Injuries Suffered In The Workplace

What compensation might be awarded for your work accident injury is generally divided between two heads of claim.

The first is general damages; compensation awarded to redress any pain, suffering or loss of amenity (an inability to complete activities).

The Judicial College Guidelines is used by judges and solicitors to assess potential compensation awards. We’ve used the publication to help create the compensation table below.

Type Of Injury	Notes	Potential Award
Moderate Brain Damage: (I)	That results in moderate to severe intellectual deficit, or an effect on senses and speech	£140,870 to £205,580
Minor Brain or Head Injury	Lower level of damage that takes a few weeks to heal	£2,070 to £11,980
Partial Hearing Loss: (iv)	Mild tinnitus	Around £11,000
Chest Injury: (d)	A relatively simple injury (like a penetrating wound) leads to damage but manageable	£11,820 to £16,860
Chest Injury: (g)	Fractures or soft tissue damage that heals within weeks	Up to £3,710
Lung Disease: (d)	Long term breathing difficulties	£29,380 to £51,460
Neck Injuries: Moderate (ii)	Serious limitation of movement and recurring pain over five years	£12,900 to £23,460
Back Injuries: Minor (i)	That causes nuisance and discomfort lasting two to five years	£7,410 to £11,730
Back Injuries: Moderate (ii)	Disturbed ligaments and damage that leads to backache for over 5 years	£11,730 to £26,050
Shoulder Injuries: Moderate	Stilted movement and discomfort lasting two to five years	£7,410 to £11,980

The second potential head of claim is special damages, which looks to recover any financial losses or expenses stemming from the accident.

These would be costs you’ve personally incurred stemming from the injury. It can include:

Travel costs for medical treatment
Medical equipment or any similar accommodations you’ve had to make to aid you due to your injury
Loss of earnings if you took time off work to recover

In order to successfully claim special damages, you’d need to provide evidence. This can include payslips, invoices or receipts to show your losses.

If you’d like our advisors to value your claim for free, get in touch.

Could I Use No Win No Fee Accident At Work Solicitors?

Solicitor fees can be a barrier to equal access to justice. A claim might not be pursued because of concerns about the associated solicitor fees. A No Win No Fee agreement is often used to remedy this. It’s a conditional fee agreement that allows claimants to access the services of a solicitor affordably. The fee comes as a legally-capped, small percentage of the awarded amount. You wouldn’t need to pay the solicitor their fee if the claim loses.

Solicitors would play a comprehensive role in any claim you make.

As your representatives, negotiate on your behalf and manage the communication between the two parties. They could help you manage and submit evidence, and offer guidance and experienced insight into what steps to take during the claim.

Contact Us To Claim Compensation After An Accident At Work

Our advisors are available 24/7 and give free legal advice. If you have favourable grounds for a claim, they could connect you with our panel of personal injury solicitors.

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Find Out More About How To Prevent Accidents

Preventing work accidents shouldn’t just fall on the employer. The impact could fall on the employee and so any steps you can take to protect your own health and safety should be taken.

The HSE offers advice on how to perform a risk assessment.

The NHS offers tips on how to safely lift objects.

For any injuries you’ve sustained at work, book a GP appointment and have it examined, even just as a safety precaution.

We also have guides that include advice on:

If you’ve still got questions about claiming after an accident at work, follow the banner below.

Accident At Work Claim