If you have been injured in an accident at work, and it was caused by employer negligence, you may want to know how long accident at work claims take. This article will guide you through what you need to know about the timeframe you could have to start a personal injury claim.
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Choose A Section
- How Long Do Accident At Work Claims Take?
- What Are Examples Of Accidents At Work?
- How To Prove Responsibility For Your Accident?
- How Much Compensation Is A Work Accident Claim Worth?
- The Benefits Of No Win No Fee Agreements
- More Information—How Long Do Accident At Work Claims Take?
How Long Do Accident At Work Claims Take?
The time it takes to reach a settlement can vary, because no two claims are the same. With this in mind, a few factors can affect how long accidents at work claims take, including:
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- Injury: The severity and extent of your injury will be a deciding factor in the length of the claims process, as will your recovery time. For example, with a permanent disability, you may need to prolong the claims process to see how much the injury will affect you in the future.
- Evidence: All of the evidence you have regarding your claim needs to be gathered and organised. This process can be one of the lengthier aspects of making your claim. Gathering medical evidence could be time-consuming.
- Liability: If the defendant accepts liability, the claim may be processed faster. It may not have to go to court, which can mean that the process takes more time.
As a claimant, you have the ability to close the claim at any time or accept a settlement from the defendant. This could mean accepting the very first offer or instructing your solicitor to negotiate for an increase.
As most cases are concluded out of court, it can be difficult to tell exactly how long it takes for both parties to come to an agreement. By choosing the right solicitor, however, you may be able to make the process a little faster.
What Are Examples Of Accidents At Work?
An important piece of health and safety legislation is the Health and Safety at Work etc. Act 1974 (HASAWA). This outlines the duty of care that employers have to their employees.
This Act states that employers must do everything reasonably practicable to protect your health and welfare. This can involve using good management, risk assessments and correct health and safety procedures. If your employer breaches this duty of care, and you suffer an injury as a result, they would be negligent.
It also applies to the aftermath of an accident in the workplace, wherein your employer may need to arrange the application of first aid and report the event in accordance with The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
Health and safety at work statistics show that slips, trips and falls were the most common form of workplace accident causing non-fatal injury in 2020/21. This is followed by handling, lifting and carrying. Together these two categories constituted 51% of non-fatal workplace accidents as reported by employers.
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How To Prove Responsibility For Your Accident
As a claimant, you will need to prove the defendant was liable for the suffering their negligence caused. Following an accident, there are a number of steps you can take to help your claim, such as:
- Seek Medical Attention: Following an accident at work, you should seek medical attention. Not only is this important for your own safety, but it could also provide a medical record of the injury and any prescriptions.
- Photographs: If possible, take photographs of your injury and the scene of the injury as soon as you can after your accident. These could strengthen your claim by recording hazards in your workplace.
- CCTV: CCTV footage of your accident could be a useful piece of evidence. If your workplace has CCTV, you can request the footage from your employer.
- Advice: Before making a claim, it can be helpful to seek legal advice on what options are available to you. If you so choose, a solicitor will be able to advise you for the duration of your claim.
- Witness Statements: After your accident, take down the contact details of those who witnessed the event to ensure their statements can be taken at a later date.
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How Much Compensation Is A Work Accident Claim Worth?
The amount of compensation you can receive is dependent on a number of factors. However, there are two heads of claim you can pursue:
- General damages: physical or psychological pain and suffering you endure due to your injury, and loss of amenity. Amenity, in this case, can be the ability to participate in activities such as hobbies, sports or socialising with friends.
- Special damages: special damages compensate for financial losses resulting from an accident in which you were injured. This can include loss of earnings, medical expenses, travel arrangements for treatment or cost of care (if you have subsequently needed a carer, for example). However, you must be able to provide proof of these losses to claim them back.
Below is a table of compensation amounts that are included in the Judicial College Guidelines (JCG). These guidelines are based on previous personal injury claims that were settled in court. These are often used by solicitors to help them when valuing claims. However, they’re for illustrative purposes only.
| Injury | Payment Bracket | Notes |
|---|---|---|
| Injuries affecting sight (d) | £51,460 to £61,690 | Total loss of one eye. Bracket depending on cosmetic effect and psychiatric consequences. |
| Asbestos-related sickness | £36,060 to £99,330 | Asbestosis and pleural thickening. |
| (F) Reproductive System: Female (a) | £107,810 to £158,970 | Infertility whether by reason of injury/sickness. Severe depression and anxiety. |
| (H) Kidney (a) | £158,970 to £197,480 | Serious and permanent damage to or loss of both kidneys |
| (J) Bladder (d) | £21,970 to £29,380 | Almost full recovery but long term interference with normal function. |
| (K) Spleen (a) | £19,510 to £24,680 | Loss of spleen with risk of internal infection disorders. |
| (C) Shoulder Injuries (a) | £18,020 to £45,070 | Damage to the brachial plexus resulting in serious disability. |
| (D) Pelvis And Hips (b) Moderate (ii) | £11,820 to £24,950 | May involve hip replacement/elective surgery. |
| (E) Amputation of Arms (b)(i) | Not less than £128,710 | Arm amputated at the shoulder |
| (G) Injuries to the Elbow (a) | £36,770 to £51,460 | A Severely Disabling Injury |
| (I) Hand Injured (d) | £58,100 to £85,170 | Amputation of index and middle and/or ring fingers |
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The Benefits Of No Win No Fee Agreements
For those looking to make a personal injury claim, No Win No Fee agreements allow you to fund your legal representation without any upfront costs or expenses.
Should your claim be unsuccessful, under a No Win No Fee agreement you would not have to pay a fee to your solicitor. If your claim is successful, however, you would pay your solicitor’s success fee. This success fee is to cover the solicitor’s work. This is capped by law to ensure you receive the majority of your compensation.
Not having to pay an ongoing solicitor’s fee can be helpful, especially when you don’t know how long your accident at work claim will take, so take time to consider what solicitor you choose.
Ask Us About Accident At Work Claims
Get in contact with our team of advisors for a free consultation. They’re available 24/7 and, if you have a favourable claim, could connect you with our panel of lawyers. To get in touch:
- Call us on the number at the top of the page.
- Use our online chat for instant answers
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More Information—How Long Do Accident At Work Claims Take?
If you’d like to learn more about how long accidents at work claims take, you may be interested in these articles:
- Examples Of Workplace Accident Compensation Payouts
- Burn Injury At Work Claims
- What Goes Into Making A Factory Accident Claim?
- Employee Rights After An Accident At Work
- Accident At Work Claims When On A Zero Hour Contract
- What Should I Do If I Have A Finger Injury At Work?
- What Influences Settlements For Injury At Work Claims?
- How To Make A Serious Work Injury Claim
- Scarring At Work Claims
Or, for more information:
Workplace injury statistics 2020/21
Gov.uk- Employee status/rights
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Writer Ryan Winters
Publisher Ruth Vince