In this guide, we will look at some examples of workplace accident compensation payouts. We will also examine what employer negligence is, and how an accident of this kind could come about.
When you’re in the workplace, your employer owes you a duty of care. This means that they need to take all reasonably practicable steps to ensure your safety while you’re in the workplace.
If you have been involved in an accident at work that happened because of negligence, please contact our claims team. They can offer you a no-obligation assessment of your claim’s value.
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Choose A Section.
- What Factors Would Determine Workplace Accident Compensation Payouts?
- Circumstances That Could Lead To An Accident At Work.
- How Can I Sue After An Accident At Work?
- Calculating Workplace Accident Compensation Payouts
- Could I Appoint A No Win No Fee Lawyer For My Case?
- Discover More About Workplace Accident Compensation Payouts
What Factors Would Determine Workplace Accident Compensation Payout?
Workers who are injured in accidents at work because of employer negligence could be owed workplace accident compensation payouts. The amount you could receive will be assessed on a case-by-case basis.
The severity of your injury, as well as the way it has impacted your quality of life, will be considered when you make a claim. For example, if you sustain moderately severe brain damage that results in a personality change and reduces your employment prospects, this will generally attract a higher compensation award than a broken finger.
The duty of care that an employer owes their employees is outlined in the Health and Safety at Work etc act 1974. (HASAWA). This states that they’re required to take all reasonably practicable steps to ensure the safety of their employees at work.
Some of the actions your employer should take include:
- Carrying out risk assessments
- Providing the appropriate personal protective equipment (PPE) for your role
- Maintaining good housekeeping
In order to make a successful claim, you must prove that your employer has acted negligently and, in turn, was at fault for your accident. In the next section, we’ll address how a breach of this duty of care could cause an accident in which you sustain a work injury.
It’s also important that you start your claim within the appropriate time limit. This is generally two years; however, exceptions can apply in some circumstances. Get in touch with our team today to find out more.
What Do The Statistics Say About Workplace Accidents?
According to the Health and Safety Executive (HSE), there were 51,211 injuries reported to them under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 in the year 2020/21.
According to their statistics, the most common kind of non-fatal injury reported were fractures, at 15,159. The second most common were strains and sprains, with 14,784 injuries.
Circumstances That Could Lead To An Accident At Work
There are a number of ways you could sustain an injury in the workplace. In all cases, however, claimants must be able to prove employer negligence in order for workplace accident compensation payouts to be made.
Below, we’ve included some examples of how breaches of duty of care could result in employee injury:
- Inadequate PPE. If the PPE you are provided is not suitable for the role, or if you’re not given the PPE you need at all, you could be injured. For example, a faulty welding mask could result in you sustaining burns to your face and eyes.
- Poor housekeeping. Your employer has a duty of care towards you to maintain good housekeeping in the workplace to reduce the risk of slips, trips and falls. If you fell over a trailing wire at work, this could result in a broken leg.
- Lack of health and safety training. You should receive training on how to perform your role safely. For example, you may need to be shown proper techniques for carrying objects around the workplace. Failure to offer this training could result in a lifting accident at work.
- Risk assessments. Your employers should carry these out so that they can remove or reduce potential hazards to health. If your employer fails to do this, and you sustain a serious injury as a result, you could claim.
For more information on when workplace accident compensation payouts could be made, speak with an advisor today.
How Can I Sue After An Accident At Work
Workplace accident compensation payouts are dependent on you being able to provide evidence in support of your claim. One of the benefits of having a solicitor work on your claim is that they can advise you on the best evidence for you to collect.
Below, we’ve included examples of the kinds of evidence that you could use to support your claim:
- Medical records: Seeking medical attention after an accident ensures you get the treatment you need. Furthermore, you can use medical records to support your version of events.
- Photographic evidence: If possible, photograph your injury and the scene of the accident.
- Witness statements: You can’t collect statements yourself, but you can take contact details so that a statement can be taken by a legal professional down the line.
- CCTV: If your workplace has CCTV cameras, you can request footage that shows the accident taking place.
For more information on how you can strengthen your personal injury claim, contact our team of advisors today.
Calculating Workplace Accident Compensation Payouts
Workplace accident compensation payouts can potentially consist of two different heads of claim. The first of these is general damages, and this is the compensation that relates to the pain and suffering that your injuries have caused you.
This part of your claim can be valued with the help of a publication called the Judicial College Guidelines (JCG). This contains compensation brackets for a range of different injuries with varying levels of severity.
| Injury | Payment Bracket | Notes |
|---|---|---|
| Total loss of one eye (d) | £46,780 to £56,080 | Award in bracket depends on age,psychiatric awareness and cosmetic effect |
| Chest injuries (c) | £29,380 to £51,460 | Causing disability that is continuing |
| Lung disease (a) | £85,880 to £115,940 | Where a young person is left with a serious disability with a probability of worsening to premature death |
| Reproductive system: male (b) (ii) | £36,700 to £66,890 | Impotence which will likely be permanent in the case of a middle aged man with children |
| Digestive system (iii) | £6,190 to £11,820 | Traumatic injury resulting in a penetrating stab wound or industrial laceration |
| Kidney (b) | Up to £54,600 | Significant risk of future urinary tract infection or total loss of natural kidney function. |
| Neck injuries (a) (iii) | £38,800 to £47,760 | Injuries causing fractures or dislocations or severe damage to soft tissue. |
| Back injuries (c) (iii) | Up to £2,090 | Minor soft tissue injuries where a full recovery is made within three months |
| Shoulder (b) | £10,890 to £16,380 | Dislocation of the shoulder and damage to the lower part of the brachial plexus |
| Pelvis and Hips (c)(ii) | Up to £3,370 | Minor tissue damage with a full recovery |
As part of your claim, you might need to attend an independent medical assessment. The healthcare provider who performs the assessment will create a report based on their findings. Legal professionals can use this to work out the value of your claim.
You may also be able to claim special damages. This is the part of your claim that compensates you for any out-of-pocket expenses caused by your injuries. This could include:
- Medical costs, for example, the cost of treatment that you cannot get on the NHS.
- Loss of income if you’ve had to take time off to recover from your injuries. You could also receive compensation for future loss of earnings if your injuries mean that you cannot return to work at all.
- Transportation costs to and from medical appointments.
- Repair or replacement of damaged property, for example, if you were burned at work due to negligence and this damaged your phone, you could claim back the cost of a replacement.
Our advisors can offer you free legal advice on how much you could receive in a compensation claim.
Could I Appoint A No Win No Fee Lawyer For My Case?
When making your claim, No Win No Fee agreements are a good way to fund legal representation with minimised risk. No Win No Fee solicitors can start work on claims for workplace accident compensation payouts without asking for any upfront or ongoing payments.
Furthermore, they won’t ask you to make any payments in the event that the claim is unsuccessful. The only time you will have to pay your solicitor is in the event that you receive compensation.
If this happens, your solicitor will deduct a legally-capped percentage of your compensation. This will ensure that you get the majority of the compensation you receive.
For free legal advice, please contact our advisors using the link below.
Discover More About Workplace Accident Compensation Payouts
If you found this article helpful, you might also find the following guides useful:
- Health and Safety Executive on slips at work
- Statutory Sick Pay (SSP)- A government guide
- The Provision and Use of Work Equipment Regulations 1998
- How Long Do Accident At Work Claims Take?
- 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
If you have any more questions about workplace accident compensation payouts, please don’t hesitate to get in touch.
Writer Ryan Winters
Publisher Fern Stein