If you are interested in making a personal injury claim, you may wonder if you need a witness statement. For a workplace accident, there are many forms of evidence you could potentially collect to strengthen your claim.
When you’re in the workplace, your employer owes you a duty of care. This means that they have a responsibility to ensure your safety. If they breach this, and you’re injured as a result, you could claim.
In this guide, we will explain how witness statements can be relevant to your claim, what a duty of care is, and how your employer could be found liable.
If you have any more questions, you can get in touch with our claims team today. To speak to our advisors:
- Contact us using this form.
- Use the live chat features.
- Click the banner at the top of the page.
Choose A Section
- What Is A Witness Statement For A Workplace Accident?
- Ways That Injuries Could Happen In Work
- How Does A Witness Statement For A Workplace Accident Impact A Claim?
- Valuing Injuries Suffered At Work
- Can You Appoint A No Win No Fee Solicitor?
- More Information About Collecting A Witness Statement For A Workplace Accident
What Is A Witness Statement For A Workplace Accident?
The Health and Safety at Work etc. Act 1974 (HASAWA) is a piece of legislation designed to ensure the safety of employees. This means that employers must take reasonably practicable steps to provide a safe working environment.
If you choose to claim compensation using a solicitor with a No Win No Fee agreement in place, they may seek a witness statement for a workplace accident to support your claim alongside other forms of evidence. This could include witnesses to employers breaching their duty of care or of the accident occurring.
Not every injury will have witnesses. If you don’t have a witness, this doesn’t mean that you would be unable to claim. Other forms of evidence can also be used to support your case.
If you have been injured due to employer negligence, contact our advisors. They can offer free legal advice on all aspects of claiming.
Official Accident At Work Statistics
The Health and Safety Executive (HSE) records statistics on injuries at work. The Office for National Statistics (ONS) conducts the Labour Force Survey (LFS). This survey records self-reported injuries.
Estimated non-fatal workplace injuries over the last 12 months per 100,000 workers according to LFS includes:
- 120 injured by contact with moving machinery
- 160 hit by moving, flying or falling objects
- 76 hit a stationary or fixed object
- 370 injured while lifting, handling or carrying
- 340 slipped, tripped or fell on the same level
- 100 fell from a height.
Ways That Injuries Could Happen In Work
Injuries at work could happen when employers fail to take reasonably practical steps to identify and reduce hazards. Health and safety in the workplace could include conducting a risk assessment to identify the risks. When it is practicable to do so, employers should reduce or remove these risks.
Workplace injuries could occur when there is:
- A lack of training. Any training required to safely carry out the job should be provided free of charge. Training could include health and safety training. For example, telling employees to tie long hair back around certain types of equipment to reduce the risk of it being caught.
- Inadequate personal protective equipment (PPE). Free PPE should be provided by the employer if it is required to safely carry out work-related tasks. For example, a builder might need safety goggles and a mask or respirator when knocking down a wall. They could experience injuries to their eyes and/or lungs from dust particles if these aren’t provided.
- Faulty equipment. Employers are required to have safety checks carried out on equipment. If a piece of equipment is deemed unsafe, then it should not be used until it has been replaced. For example, if a forklift truck is not properly maintained then the person operating it could lose control, causing an ankle injury.
If employer negligence led to your workplace injury, you might be entitled to compensation. Contact our advisors to learn more.
They may pass you on to our panel of personal injury solicitors who can offer free legal advice on claiming for a workplace accident.
How Does A Witness Statement For A Workplace Accident Impact A Claim?
If you choose to claim compensation you will need to provide evidence of your injuries and the employer negligence that caused them. Actions you take in the aftermath of your injury could generate evidence.
After an injury, you should:
- Seek medical attention. Medical records could form part of the evidence. If you are claiming compensation, you might be invited for an independent medical assessment so that your injuries can be fully assessed. If you work with a lawyer from our panel, they could arrange this in your local area.
- Gather witness details. If you decide to file for compensation using a solicitor, they might seek a witness statement for a workplace accident. You should collect details of anyone who saw the accident take place so that they can do this. Not every injury has witnesses, however. You could still claim compensation without them.
- Fill in the accident log book. If your workplace has ten or more employees, then your workplace should have an accident log book by law. Fill an accident at work form out with your name, the time and date, and any relevant details.
- Seek legal advice. A No Win No Fee solicitor could make filing for compensation seem easier should you wish to claim.
Contact our advisors to learn more about what evidence you could collect to strengthen your compensation claim.
Valuing Injuries Suffered At Work
If you decide to file for compensation, two heads could form your settlement; general damages and special damages.
The head of your claim that compensates for your physical injuries and emotional distress is general damages. In order to calculate what your injuries might be worth, legal professionals refer to the Judicial College Guidelines (JCG). This is a document listing different injuries with guideline compensation brackets.
We have used the 16th edition of these guidelines, published in 2022, to create the table below:
| Injury | Potential Compensation | Notes |
|---|---|---|
| Loss of one eye | £54,830 to £65,710 | Award depends on age, cosmetic and psychiartic impact. |
| Arm injuries resulting in permanent and substantial disability | £39,170 to £59,860 | Serious forearm fractures that include a permanent functional or cosmetic disability. |
| Moderately severe psychiatric damage. | £19,070 to £54,830 | Significant problems coping with life and work with an impact on personal relationships but an optimistic prognosis. |
| Moderate back injuries (ii) | £12,510 to £27,760 | Includes ligament and muscle disturbance with backache. Soft tissue injuries that result in an acceleration and/or exacerbation of a pre-existing condition. Prolapsed discs. |
| Moderate ankle injuries | £13,740 to £26,590 | Fractures and ligamentous tears resulting in less serious disability. |
| Moderate neck injuries (ii) | £13,740 to £24,990 | Soft tissue or wrenching-type injury and disc lesion. Serious movement restrictions, permanent or recurring pain, stiffness or disccomfort. |
| Multiple fractures of facial bones | £14,900 to £23,950 | Invovles permanent facial deformity. |
| Relatively simple chest injuries (d) | £12,590 to £17,960 | Could include a single penetration wound. Permanent damage but no signifcant long term impact on lung function. |
| Minor brain or head injury | £2,210 to £12,770 | Minimal brain damage. Award amount is impacted by injury severity, recovery time, if there's any continuing symptoms and/or headaches. |
| Digestive system damage from a traumatic injury (iii) | £6,610 to £12,590 | Penetration wounds and industrial lacerations. |
Special Damages
To cover costs incurred due to your injury, you could claim special damages. However, in order to claim under this head, you must provide evidence, such as receipts.
You could claim special damages for:
- Cosmetic procedures. If plastic surgery was needed due to your injuries but you couldn’t get this for free, you could claim back the cost of this.
- Medical devices. You could claim back the cost of renting or purchasing medical devices, such as a wheelchair.
- Travel costs. Whether claiming for mileage, taxi fares or bus fares to and from medical assessments, you should keep evidence of this.
Our advisors are standing by to estimate your potential compensation if you have been injured due to employer negligence. They can also offer free legal advice about how a witness statement for a workplace accident could strengthen your case.
Can You Appoint A No Win No Fee Solicitor?
If you decide to file a claim for workers’ compensation, you might find the process easier with a No Win No Fee lawyer. If appropriate, a work injury lawyer could take a witness statement for a workplace accident. Also, your work injury lawyer could advise you on what evidence could be used to support your claim.
No Win No Fee is an umbrella term that covers a number of different kinds of agreements. A Conditional Fee Agreement is a popular kind of No Win No Fee agreement.
This kind of agreement means there are no upfront solicitors fees to pay before your solicitor starts work on your claim. A success fee, which is legally capped and taken from your award, only applies if your claim is successful. You won’t pay your lawyer for their services if you aren’t awarded compensation.
Ask About Making A Witness Statement For A Workplace Accident
If your employer breached their duty of care and you experienced an injury at work as a result, you might be able to claim compensation. Our advisors are available to offer free legal advice. Eligible claims might be passed onto our panel of personal injury solicitors.
To speak to us:
- Click on the banner at the top of the page
- Use the live chat feature below
- Contact us using our online form
More Information About Collecting A Witness Statement For A Workplace Accident
We have included the following links that you may find helpful:
We’ve also included some more of our guides that you may find useful:
- Will I Get Paid for an Accident at Work?
- How Do I Use an Accident at Work Claims Calculator?
- Claiming For A Broken Bone At Work
If you have any more questions about the role of a witness statement for a workplace accident claim, speak with an advisor today.
Writer Danielle Beasley
Editor Fern Stein