What Are The Stages Of The Accident At Work Claims Process?

This guide is dedicated to helping you through the accident at work claims process. After an accident at work, you may want to know the next clear steps to take in preparation of making a claim. This article will explain what the claims process is, include examples of workplace injuries and highlight the accident at work procedure that could help you navigate the claims process.

Accidents at work can differ depending on the industry. From malfunctioning machinery to slips, trips and falls, there are many hazards in the workplace that pose a risk to your well-being and cause injuries. If the accident that caused you to be injured resulted from your employer’s negligence, then you may be able to claim.

Contact our advisors today about the accident at work claims process and they will assess whether you have a valid personal injury claim. They may pass it on to our panel of No Win No Fee solicitors who can represent you in your claim.

You can get in touch by calling us or by clicking the banner above.

Choose A Section

What Is The Accident At Work Claims Process?
What Are Examples Of Staff Injuries?
Evidence For An Accident At Work Claim
Using A Compensation Calculator As Part Of The Accident At Work Claims Process
Can I Use A No Win No Fee Lawyer For My Case?
Additional Guidance About The Accident At Work Claims Process

What Is The Accident At Work Claims Process?

The accident at works claims process refers to the steps you can take after your injury in preparation for making a claim. In order to make a successful claim, the injury you sustained must have been due to employer negligence. Negligence describes the employer’s failure to adhere to the duty of care that they owe you.

All employers owe their employees a duty of care and The Health and Safety at Work etc. Act 1974 outlines this. According to this duty of care, they need to take all reasonably practicable steps to ensure the safety of their employees.

If you can show that your employer has breached their duty of care then you may have grounds to make an accident at work claim. Get in touch with our team of advisors today for free legal advice.

Figures For Workplace Accidents

The Health and Safety Executive (HSE) publishes statistics related to non-fatal injuries reported to them under The Reporting of Injuries, Disease and Dangerous Occurrences Regulations 2013 (RIDDOR) by employers.

In 2020/21, 51,211 injuries were reported and 37,111 injuries resulted in an over 7-day absence from work.

The rate of employer-reported non-fatal injuries decreased from 242 per 100,000 employees in 2019/20, to 185 per 100,000 employees in 2020/21.

What Are Examples Of Staff Injuries?

According to HASAWA, under an employer’s duty of care, there are certain things they should do to ensure they keep their employees safe. These include:

Maintaining work systems – Ensuring equipment and tools are maintained to an adequate standard. Failure to maintain equipment may result in malfunctions, such as hydraulic presses causing crush injuries.
Providing personal protective equipment (PPE) – Free, suitable PPE should be provided where necessary. Broken PPE like faulty respirators could result in employees inhaling smoke or toxic fumes.
Good housekeeping – Walkways should be cleared of obstructions and cleaned of spills in a timely fashion. Boxes and trailing wires in pathways pose slip, trip and fall hazards.
Providing sufficient training and supervision – Employers should provide employees with free, relevant training. Operating machinery without proper training could result in injury.
Risk assessments – Employers should complete risk assessments according to the Management of Health and Safety at Work Regulations 1999 to identify hazards and remove or reduce them.

For more examples of how an employer can breach their duty of care and cause injuries to their employees, contact our advisors today. You could receive an assessment of the validity of your own claim.

Evidence For An Accident At Work Claim

After determining who is at fault and whether there is a basis for a claim, the next step in the accident at work claims process is to gather evidence. A No Win No Fee lawyer can help in easing this process as they can guidance on what evidence is vital to collect.

Some of the evidence you could use to support your claim includes:

- Medical records – Seek the necessary medical attention immediately to take care of your health. This creates official medical documentation created by a medical professional to strengthen your claim.
- Accident at work book – Workplaces with 10 or more employees are required to have an accident book. Fill this in to create a record of your accident. If you are incapacitated then a colleague can fill it out on your behalf.
- CCTV footage – You can request CCTV footage from your employer. If any of your colleagues caught what happened on camera, you could ask them
- Pictures of the injury and accident site – Take pictures of your injury and the accident site to help support your claim.
- Witness details – Collect witness details so a legal professional can take their statements in the future.

Evidence is an important step to proving employer liability for an accident at work as it helps support your version of events. Contact our advisors today for more information on what other evidence could be useful in your workers’ compensation claim.

Using A Compensation Calculator As Part Of The Accident At Work Claims Process

If your accident at work claims succeeds then you will receive general damages that compensate you for the pain and suffering that your injuries have caused you. The Judicial College Guideline (JCG) is a publication that provides guideline compensation brackets for general damages.

The value of the general damages you receive depends on the type of injury and the level of severity. The following table outlines possible compensation brackets for different injuries:

Injury	Compensation	Notes
Minor brain or head injury (e)	£2,070 to £11,980	Award depends on injury severity, recovery period, continuing symptoms, and headaches.
Moderate post-traumatic stress disorder (c)	£7,680 to £21,730	Near full recovery with continuing effects not largely disabling.
Complete loss of sight in one eye (g)	£8,550 to £19,690	Permanent but minor vision impairment in one or both eyes. Some double vision, and permanent light sensitivity without requiring dark glasses constantly.
Chest injury (f)	£2,060 to £5,000	Injuries causing a collapsed lung with full recovery.
Asthma (d)	£9,990 to £18,020	Asthma-like symptoms from irritating vapour exposure.
Severe neck injury (i)	In the region of £139,210	Incomplete paraplegia leading to permanent spastic quadriparesis. Despite a collar, little to no movement in the neck and intractable severe headaches.
Moderate back injury (i)	£26,050 to £36,390	Crush fracture/compression of the lumbar vertebrae, osteoarthritis risk, constant discomfort and pain, traumatic spondylolisthesis with continuous pain and likely spinal fusion.
Lesser pelvis and hip injury (i)	£3,710 to £11,820	Notable injury with no residual disability. Complete recovery in two years.
Less severe elbow injury (b)	£14,690 to £30,050	Function impairment with no major surgery or notable disability.
Minor hand, finger and thumb injury (v)	Up to £4,461	Fractures recovering in six months. Tenderness, scarring and cold reaction with full recovery.

As part of your compensation, you may also be eligible for special damages. Special damages compensate you for the financial costs incurred due to your injury.

Some examples of special damages could include:

Loss of income and future earnings
Travel to and from medical appointments
Domestic care costs, i.e. gardening, cooking and cleaning
Child care costs

Calculating how much compensation you could receive for an accident at work can be complex. Our advisors are here to help; please get in touch today for free legal advice.

Can I Use A No Win No Fee Lawyer For My Case?

The accident at work claims process can be less daunting with the right legal guidance. You may find that a No Win No Fee lawyer can make claiming simpler as they are able to provide you with legal counsel and guidance.

There are many benefits to funding legal representation with a No Win No Fee agreement. For example, there is no up-front cost required and if your claim fails then you pay none of your lawyer’s fees.

Your lawyer will take a success fee (which is a small, legally-capped percentage of your compensation) if your claim succeeds.

If you want to pursue a claim, or would like more information on the accident at work claims process, then please contact our advisors. They will help determine whether you have a case and may pass it to our panel of No Win No Fee solicitors.

You can get in touch by calling us or by clicking the banner below.

Additional Guidance About The Accident At Work Claims Process

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Contact our advisors to find out more about the accidents at work claims process today.

Writer Jack Evandale

Publisher Fern Stein