This article will break down the accident at work definition. We will also look at how frequent accidents can happen, what an accident can entail and what your employer’s responsibilities are.
Moreover, this guide will address what could form the basis of a personal injury claim. We will also look at how much potential compensation you could receive.
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Choose A Section
- What Is The Accident At Work Definition?
- Typical Staff Accident Situations
- Proving A Third Party’s Responsibility For A Work Accident
- How Much Could I Get Based On The Definition Of An Accident At Work?
- Is No Win No Fee A Good Thing?
- Learn More About The Definition Of An Accident At Work
What Is The Definition Of An Accident At Work?
The accident at work definition is a safety incident in the workplace. As the result of an accident at work, you might be injured.
Employers owe their employees a duty of care, whereby they must take reasonable and practicable steps to ensure their safety in the workplace. The Health and Safety at Work etc. Act 1974 (HASAWA) is an important piece of legislation that outlines the steps an employer must take as part of their duty of care.
Accidents can happen for a number of different reasons. In some cases, it might not be the fault of your employer. If this is the case, you would not be able to claim.
Contact our advisors to find out more about claiming today. If you have a valid claim, they could connect you with a No Win No Fee solicitor from our panel.
How Frequent Are Work Accidents?
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) outlines which incidents at work that employers need to report to the Health and Safety Executive (HSE).
In 2020/21, 51,211 non-fatal injuries were reported by employers under RIDDOR, and 37,111 workers were absent for a period of over 7 days with their injuries.
RIDDOR states that the amount of non-fatal injuries reported by employers has declined. Since 2019/20, 242 injuries were logged per 100,000 employees compared to the 185 in 2020/21, according to the Labor Force Survey.
Typical Staff Accident Situations
All employers must abide by HASAWA; this outlines an employer’s duty of care. It states that your employer should take reasonable and practicable steps to reduce the risk of injuries at work.
Some of the things that employers are expected to do to keep you safe include:
- Providing and maintaining work systems – Employers should ensure that equipment is maintained to a safe standard. This includes machinery and tools.
- Providing Personal Protective Equipment (PPE) – Providing suitable PPE for safe handling, transporting and storing of goods and materials where necessary.
- Providing sufficient training and supervision – Ensuring all employees receive free and relevant training to adequately and safely do their job.
- General housekeeping – Clearing walkways and cleaning hazards to maintain a safe workplace. For example, food and drink spills, obstructions in walkways and entrances and exits should be cleared for safety.
- Carrying out risk assessments – Identifying, assessing, controlling, recording and reviewing potential workplace risks.
Examples of negligence
Below, we have included examples of how an employer could breach the duty of care that they’re owed, resulting in injury.
- Missing risk assessments – For example, a faulty pipe leaking could cause a spill leading to a fall. If this is picked up in a risk assessment, but nothing is done to rectify it, then you could be injured in a slip or trip accident.
- Insufficient PPE – If your employer refuses to supply the necessary PPE or the PPE isn’t fit for use, you could be injured. For example, you could be given cracked plastic goggles that fail to stop liquids from entering the eye.
- Lack of training – If an employer has not provided you with free and adequate training relevant to your role, this could result in an accident that leads to injury. For example, you could sustain an injury if your employer asks you to drive a forklift truck but don’t train you to do this.
For more information on whether you could have the grounds to claim workers’ compensation, or for further guidance about the accident at work definition, speak with an advisor today.
Proving A Third Party’s Responsibility For A Work Accident
Having looked at the definition of an accident at work, we will now address how to prove a personal injury claim. It is important that if you are injured due to an accident at work caused by employer negligence, you must be able to support your claim with evidence. If you choose to hire a solicitor, they can make this process easier.
Some of the evidence you could collect might include:
- Medical records – Seeking immediate medical attention will ensure you get the help you need. Any medical records created by this meeting can support your claim.
- Accident at work forms– Companies with 10 or more employees must have an accident book. Completing this book will provide a date and time-stamped record of what happened. A colleague can fill this in on your behalf if you are unable to do so.
- CCTV footage – Any video of your accident or the events leading up to it could strengthen your claim. If your workplace has CCTV, you can ask your employer for the footage.
- Pictures of the injury and accident area – Photographs of the injury and accident area creates documentation that could help in your claim. For example, you could take photos that show there was a spill in the area that was not signposted.
- Witness details – Taking the contact details of any witness ensures that statements can be collected that may support your injury claim.
To learn about what other evidence you can use to support your claim, contact our advisors for free legal advice now.
How Much Could I Get Based On The Definition Of An Accident At Work?
How much compensation you may be eligible to receive depends on the circumstances surrounding your workplace accident. A personal injury claim breaks down into special damages and general damages.
General damages cover the pain suffered due to the injury, The Judicial College Guidelines (JCG) provide guideline compensation brackets for many injuries at differing severities.
The table below outlines some of the figures from these guidelines:
Injury Compensation Notes
Very Severe Brain Damage (a) £264,650 to £379,100 Basic ability to follow simple commands, able to open eyes, sleep and waking patterns. Little meaningful environment responses.
Moderate Psychiatric Damage (c) £5,500 to £17,900 Marked improvement by trial and good prognosis.
Less Severe Post Traumatic Stress Disorder £3,710 to £7,680 Virtually fully recovered within one to two years. Minor problems persist longer.
Transient Eye Injuries (i) £2,070 to £3,710 Recovered completely in a period of weeks.
Total Loss of Taste and Smell (a) In the region of £36,770 Total loss of smell and taste.
Chest injury (c) £29,380 to £51,460 Chest and lung damage leading to continuous disability.
Asthma (e) Up to £4,830 Mild asthma, colds, bronchitis and problems with the chest. GP treatable and recovery in few months.
Hernia (b) £6,580 to £8,550 Direct inguinal hernia, recurrence risk post-repair.
Minor Neck Injury (iii) Up to £2,300 3 month full recovery.
Severe Shoulder Injury £18,020 to £45,070 Neck injury associations, brachial plexus damage leading to notable disability.
Furthermore, you may be eligible for special damages in your personal injury claim. Special damages cover any financial costs incurred as a direct result of your injury.
Special damages could include:
- Loss of income and future earnings
- Travel expenses to and from medical appointments
- Childcare
For more information on how much your claim could be worth, or on the accident at work definition, speak with our team today.
Is No Win No Fee A Good Thing?
You do not need to hire a No Win No Fee lawyer to make a personal injury claim; however, legal help could make it easier.
With a No Win No Fee agreement, there are no required upfront costs and you will pay no lawyer’s fees if the claim fails. Your No Win No Fee accident at work lawyer will take a small, legally-capped percentage of the awarded compensation to cover their legal fees if the claim succeeds.
To learn more about No Win No Fee Agreements, visit our page on how to make a No Win No Fee injury at work claim. Alternatively, get in touch with our team for more information on the definition of an accident at work, or to be put in touch with a solicitor from our panel.
Start An Accident At Work Claim By Telephoning Us
We hope that this guide had clarified the accident at work definition. To find out how our panel of No Win No Fee lawyers could help you with your accident at work claim, then contact our advisors now by:
- Following the banner at the top of the screen
- Emailing or writing to us using our online contact form
- Using the live chat feature at the bottom of your screen
Learn More About The Definition Of An Accident At Work
Please see below helpful links:
NHS – How do I know if I’ve broken a bone?
HSE – Reporting accidents and incidents at work
Or refer to our website for helpful legal content:
- Must I Use Work-Related Claims Solicitors?
- Compensation Awards For A Lifting Accident At Work
- Do I Need To Complete An Accident At Work Form?
- Average Payouts For An Accident At Work
- Broken Finger At Work Compensation
- No Health And Safety Training At Work Accident Claims
- Compensation For A Work Accident That’s Not Your Fault
- What Is The Correct Accident At Work Protocol?
- Claiming Compensation For A Workplace Injury
If you want any more information on what the accident at work definition is, please contact us for free legal advice.