You may want to know more about your employee rights after an accident at work that caused you to sustain an injury. If so, this guide could help.
We will look at the health and safety legislation that sets out the duty of care your employer owes you and examples of how they could breach their duty of care, causing you to sustain harm.
In addition, we will look at the different steps you could take following a workplace accident, including the evidence you could provide to support your claim.
Furthermore, we understand the process of seeking compensation can seem complex. However, this guide explores the option of claiming with a solicitor who offers No Win No Fee arrangements.
For more information regarding your claim, please get in touch with our team. They can provide further guidance on employer negligence and whether you’re eligible to claim.
To talk to us today:
- Contact us by filling out our online form.
- Use the live chat feature below.
- Call the number above.
Choose A Section
- I Had An Accident At Work, What Are My Employee Rights?
- Examples Of Workplace Accidents
- What Evidence Do I Need To Prove Liability For My Accident At Work?
- How To Calculate Compensation For An Accident At Work
- Can I Claim With A No Win No Fee Solicitor?
- Further Resources About Accident At Work Employee Rights
I Had An Accident At Work, What Are My Employee Rights?
As an employee, you have certain rights, such as:
- Appropriate breaks
- To work an appropriate amount of hours
- To be protected against unlawful discrimination
Additionally, there are various pieces of legislation that dictate the responsibilities an employer has to protect your health and safety at work.
For example, the Health and Safety at Work etc. Act 1974 (HASAWA) is a piece of legislation that governs health and safety in the workplace.
As per this legislation, your employer owes you a duty of care to take reasonably practicable steps to reduce or remove hazards. The duty of care they are required to uphold could include undertaking a risk assessment to identify and address risks.
However, in some cases, your employer may breach the duty of care they owe you, resulting in you sustaining harm.
As an employee, if you suffer an injury while at work due to employer negligence you have the right to seek compensation by making a personal injury claim.
Our advisors are available to talk about your employee rights after an accident at work in more detail. Call on the number above for more information.
Accident At Work Statistics
According to reports made by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), there were 51,211 employee injuries.
Furthermore, the reports found that the most common accident kinds for non-fatal injuries included:
- Slips, trips and falls on the same level
- Handling, lifting or carrying
- Struck by a moving object
- Acts of violence
- Falls from height
It’s important to be aware that employer negligence may not have been related to all of these accidents and injuries.
Examples Of Workplace Accidents
Under the HASAWA your employer should conduct a risk assessment to locate hazards in the workplace. Hazards should be removed where possible and if it’s not possible the risk they present should be reduced.
For example, a hot water tap in the bathroom may produce extremely hot water that could cause scalds. Although the employer may be unable to turn the water off to prevent people from using this particular tap, they could put an appropriate warning sign near the tap. If they fail to do so, it could lead to someone sustaining harm.
Other examples of accidents at work that may have resulted from employer negligence might include:
- Slip, trip or fall: Your employer should ensure, where possible, that the environment you work in is clutter-free to avoid trip hazards. For example, wires should not be trailed where employees walk as this could result in tripping. Failure to do so could result in an accident of this kind causing someone to sustain a broken hand.
- Objects falling from a height: All employers are required to provide inadequate personal protective equipment (PPE) where it is necessary for them to do so. For example, you may have required a hard hat due to the risk of falling objects while working on a construction site. If your employer failed to do so, you may have experienced a severe head injury.
If you have experienced a similar incident where your employer has breached their duty of care causing you to suffer a physical or psychological injury, please get in touch with our team. They can provide further details about your employee rights after an accident at work.
What Evidence Do I Need To Prove Liability For My Accident At Work?
If you experienced harm after an accident at work you might want to file an injury at work employee claim to seek compensation. In order to do so, you will need to prove that your employer breached the duty of care they owed you causing you harm.
There are several ways in which you could support your claim, including gathering relevant evidence. Evidence you could gather might include:
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- Medical records: If you sought medical attention in the aftermath of your injury, medical notes from the doctor or hospital could be presented as evidence. Furthermore, you may be invited to attend an independent medical assessment to produce a detailed report on the full extent of the injuries you sustained.
- Witness details: Accidents at work do not always have a witness, but if someone witnessed your injury, you could make a note of their contact details. They could provide statements at a later date.
- CCTV: Much like witnesses, there may not always be CCTV of the accident that caused your injury. However, if there is, you are within your rights to request footage of yourself from the relevant person.
Additionally, following an accident that was a result of your employer’s negligence, you may want to seek legal advice to learn about your employee rights after an accident at work. If so, our team could help by assigning a solicitor from our panel to represent your claim, provided it’s valid and has a chance of success.
A solicitor can then help you gather the evidence needed to support your case and talk you through the accident at work procedure for making a claim. They may also arrange for you to attend the additional medical appointment in an area local to you.
For more information, please get in touch using the details below.
How To Calculate Compensation For An Accident At Work
Generally, each settlement package may consist of two heads of claim, general damages and special damages. In the sections below, we have provided further details on what aspect of compensation each of these covers.
General Damages
General damages are the head of the claim that covers any pain and suffering you experienced as a result of your physical injuries and psychological harm, such as anxiety or emotional distress.
The Judicial College Guidelines (JCG) is a publication that often helps when determining how much your claim is worth alongside medical evidence. In the publication, there are different injuries at varying levels of severity with corresponding compensation brackets. We have included some of these bracket awards and injuries in the table below.
Please note that your actual settlement will differ from the amounts listed in the table. Each claim is assessed based on certain factors that are unique to your case. For instance, medical evidence is used to determine the severity of your injuries and the extent to which your quality of life has been and will continue to be affected.
For that reason, you should only use the figures in the table as a guide.
| Injury | Potential Compensation | Notes |
|---|---|---|
| Minor brain or head injury (e) | £2,070 to £11,980 | The severity of the initial injury, recovery period, lingering symptoms and presence of headaches are considered when deciding the award. |
| Moderate psychiatric damage (c) | £5,500 to £17,900 | The ability to cope with life and work is impacted, as well as relationships. However, the prognosis is good. |
| Minor eye injuries (h) | £3,710 to £8,200 | Injuries will cause some pain and interference with vision that is temporary. |
| Hernia (a) | £13,970 to £22,680 | After repair, pain continues with physical limitations. |
| Severe shoulder injuries (a) | £18,020 to £45,070 | Someone might experience a significant disability after suffering a neck injury with damage to the brachial plexus. |
| Forearm fracture (d) | £6,190 to £18,020 | Arm fractures of the forearm. |
| Less serious hand injury (g) | £13,570 to £27,220 | Injuries might include a crush injury that's severe and impairs function significantly. |
| Severe leg injuries (b) (ii) | £51,460 to £85,600 | Very serious leg injuries that cause mobility problems permanently. |
| Jaw fractures (e) (i) | £28,610 to £42,730 | Serious multiple fractures with prolonged treatment and consequences that are permanent. |
| Facial Disfigurement (b) | £16,860 to £45,440 | Less severe scarring where there is still substantial disfigurement with significant psychological reaction. |
If you’d like a free valuation of your injuries, please get in touch with our team on the number at the top of the page.
Special Damages
You could claim for costs related to your injury under special damages, such as:
- Loss of earnings
- Mobility aids
- Care costs
However, you must provide evidence of these losses. For example, you could keep receipts or payslips.
For more information on what your claim may comprise, call on the number above.
Can I Claim With A No Win No Fee Solicitor?
If you have been injured in a workplace accident due to employer negligence, you may want to hire a solicitor to help you claim compensation. A No Win No Fee solicitor could offer their services without you needing to pay an upfront cost for them to begin working on your case.
As part of the No Win No Fee agreement, a legally capped success fee will be taken from your award if your case is successful. However, this fee won’t be taken if the claim is unsuccessful.
Our panel of solicitors all work on this basis. They could take your claim if it has a strong chance of success. Please get in touch so an advisor can assess your claim and determine whether a solicitor from our panel could help. They could also provide additional guidance on your employee rights after an accident at work.
Call Our Advisors To Discuss Accident At Work Employee Rights
Our advisors can answer any questions you might have about your employee rights after an accident at work. They can also advise you on whether you’re eligible to put forward a claim.
For more information:
- Contact us by filling out our online form.
- Use the live chat feature below.
- Call the number above.
Further Resources About Accident At Work Employee Rights
The following external resources could prove useful.
- NHS Guide – First Aid
- Government Guide – Statutory Sick Pay
- Government Guide – Request CCTV Footage
Here are some additional guides that you may find helpful:
- How Long Do Accident At Work Claims Take?
- Examples Of Workplace Accident Compensation Payouts
- Burn Injury At Work Claims
- What Goes Into Making A Factory Accident Claim?
- 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
We hope this guide exploring employee rights after an accident at work has helped. However, if you have any questions, please get in touch with our team on the number below.