Making An Accident At Work Claim When On A Zero Hour Contract

Welcome to our guide on claiming for an accident at work on a zero-hour contract. A worker on a zero-hour contract has the same rights under health and safety laws as every other type of employee.

Accident at work claim zero hour contract — Accident at work on a zero-hour contract claim guide

Your employer needs to take all reasonably practicable steps to ensure your safety while at work. Suffering a work accident as a result of negligence could mean that you’re entitled to sue your employer.

This guide will explain more about the health and safety legislation that protects workers and how employers are expected to act. We will also explain how compensation is valued and how a No Win No Fee solicitor could help you in your claim.

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Choose A Section

What Is A Zero Hour Contract?
Ways That An Accident At Work On A Zero Hour Contract Could Happen
Making A Claim After An Accident At Work On A Zero Hour Contract
Calculate Your Injury At Work Compensation
Do No Win No Fee Solicitors Handle Zero Hour Injury Claims?
Further Guidance About An Accident At Work On A Zero Hour Contract Claim

What Is A Zero Hour Contract?

An employee on a zero-hour contract does not have a guarantee of work. There are no minimum set hours in their contract; instead, they’re offered hours that they can choose to accept or reject.

Health and safety legislation that is in place for employees still applies to them. Their employers still owe them a duty of care, meaning that they need to take reasonable steps to ensure safety in the workplace. The duty is detailed in the Health and Safety at Work etc. Act 1974 (HASAWA).

If an employer breaches this duty in a way that leads to an injury, then the injured worker could potentially make a claim for compensation.

If you experienced an accident at work on a zero-hour contract as the result of negligence, you can reach out to one of our advisers now to discuss making a claim.

UK Accident At Work Statistics

The Health and Safety Executive (HSE) is the agency responsible for workplace health and safety enforcement and regulation. They require employers to report various accidents and injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

According to the data reported under RIDDOR for 2021/22, slips, trips and falls have been the most commonly reported kind of accident in Great Britain. There were 16,698 instances of these accidents in the past year. Of these, 9,958 resulted in an absence from work of more than 7 days.

Ways That An Accident At Work On A Zero Hour Contract Could Happen

HASAWA requires employers to identify risks to employees and work to reduce the risk of harm.

Duties they have under workplace health and safety legislation include:

Performing risk assessments over areas of work. This can help them identify potential hazards. A slippery surface can lead to an ankle injury, and performing a risk assessment can help them identify this risk and implement measures to help prevent an accident (e.g providing slip-resistant shoes)
Performing risk assessments over tasks: Before requiring employees to perform a task, an employer should perform a risk assessment to try and identify potential hazards. A risk assessment on machinery or equipment can help identify the risk of serious injury which can then be reduced or removed.
Providing training. Manual handling causes over a third of all workplace injuries. Training on correct manual handling techniques could help avoid this.
Providing personal protective equipment (PPE). Employers should recognise potential dangers posed by work and supply workers with the necessary equipment to avoid accidents and injuries. Heat-resistant gloves, for example, when working with heated materials can help avoid burn injuries.

If your employer did not do enough to either look for or manage the risks to your work, they could be found liable for your accident and the resulting injury.

You can speak to an adviser for any questions you might have about employer liability in an accident at work on a zero-hour contract. They will be happy to offer you free legal advice.

Making A Claim After An Accident At Work On A Zero Hour Contract

To help prove your claim, you can gather evidence of the circumstances that led to the accident.

This can come in the form of:

Witnesses: Collect the contact details of witnesses who can provide testimonies in support of your claim. Your colleagues, for example, could testify to your employer not fulfilling their health and safety requirements (e.g not performing a risk assessment). They could also explain how the accident occurred if they saw it take place
CCTV: You can request CCTV that you appear in.
Documents: Emails or contracts could prove your employer was in breach of their duty of care. For example, correspondence could show that they refused to provide you with PPE that you need to do your role safely.

Evidence of the injury can also help strengthen your claim. If you have not already done so, seek out medical attention for the injury you suffered. This can let you know more about your condition; furthermore, medical records can be used to prove your claim.

Contact an advisor today for more information on the evidence you could collect to support your claim.

Calculate Your Injury At Work Compensation

Compensation can be awarded in relation to the pain and suffering caused by physical injuries. You can also be compensated for the financial impact of your injuries. These form the two potential heads of claim.

The first head is general damages. This is the amount of compensation awarded to address the pain and suffering caused by your injury. You can estimate what could be awarded in general damages, by comparing the injuries you sustained against injuries and compensation brackets listed in the Judicial College Guidelines (JCG). The JCG outlines potential compensation awards for injuries by using previous awards in court settlements.

The table below includes some excerpts from the JCG:

Injury	Notes	Award
Hernia	Continuing pain after repair	£13,970 to £22,680
Moderate Shoulder Injuries	Dislocation of the shoulder causing damage to the lower brachial plexus	£11,980 to £18,020
Less Severe Injuries to the Elbow	Impairment of function but does not require surgery	£14,690 to £30,050
Wrist Injuries	Loss of function in the wrist	£44,690 to £56,180
Hand Injuries	Serious Damage to Both Hands	£52,310 to £79,360
Less Serious Leg Injuries (ii)	Fracture of a femur	£8,550 to £13,210
Moderate Ankle Injuries	Fractures or ligament tears	£12,900 to £24,950
Modest Ankle Injuries	Minor fractures, sprains or ligament injuries	Up to £12,900
Severe Foot Injuries	Fractures of both feet	£39,390 to £65,710
Moderate Foot Injuries	Displaced metatarsal fractures leading to permanent deformity	£12,900 to £23,460

The second head of claim is special damages. This is the amount of compensation awarded for the financial effects the injury has had on you.

Special damages can include:

Loss of financial income
The costs of treatment or care
Adaptation costs, if you have had to make changes to your home or your vehicle

It is important to maintain and document records of how the injury is affecting you. You might be required to submit them as part of your evidence. As a zero-hour contract worker, payslips of previous income from the job can serve as proof of the expected income from the job. You could provide receipts and invoices to show what you’ve spent on other costs.

For more information about making a claim for an accident at work on a zero-hour contract, you could reach out to an advisor now.

Do No Win No Fee Solicitors Handle Zero Hour Injury Claims?

A worker on a zero-hour contract who has been injured because of negligence can enlist a No Win No Fee solicitor to handle their claim. Working with a solicitor means that you will benefit from their experience, guidance and support.

A No Win No Fee solicitor will not charge an upfront fee for their services, nor will they charge ongoing fees as they handle the claim. You would only be expected to pay in the event that the claim was successful and compensation was awarded. If the claim was not successful, they would not charge a fee for their services.

You can reach out to an adviser now to discuss making a claim with a No Win No Fee agreement in place.

Make An Accident At Work Claim On A Zero Hour Contract

Our advisers are available to offer free initial consultations. They can offer legal advice and more information on claiming for an accident at work on a zero-hour contract.

You can contact them now using;

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Further Guidance About An Accident At Work On A Zero Hour Contract Claim

For other additional information you might need:

The government website offers information on benefits you can access, such as

Statutory Sick Pay may be available to some zero-hour contract workers.

You could also claim Employment Support Allowance until you are able to work again

The HSE provides information on the Provision and Use of Work Equipment Regulations 1998.

Thank you for reading our guide on zero-hour contract work accident claims. We offer other guides on:

For answers to any questions you have, you can get in touch with one of our advisers now.

Writer Marlon Creek

Publisher Fern Stein