Filing A Lawsuit Due To Employer Negligence

Employer negligence is a broad term in reference to any breaches of the duty of care owed to you by your employer.

While you’re at work, your employer should take reasonable measures to protect your wellbeing and safety. If negligence on their part led to an accident or incident that caused you injury, you could be able to claim compensation for any losses or the injury suffered.

If you’ve suffered an injury because of employer negligence, or want to find out whether what happened to you would constitute a claim, you can contact one of our advisers for a free consultation.

They can discuss what you’ve been through and give you a better idea of what options you have, and any compensation you might be owed. Contact us through our website. Or follow the banner above for more information.

Choose A Section

What Is Employer Negligence?
Circumstances Leading To Workplace Accidents
Can I Sue Due To Employer Negligence?
Placing A Value On A Work Injury Payout
When Could I Use A No Win No Fee Solicitor?
Additional Information About Employer Negligence

What Is Employer Negligence?

When you’re at work, you’re owed a duty of care by your employer. This means they have to do everything they reasonably can to ensure you and your colleagues are working in a safe environment and can carry out your work as safely as reasonably possible.

Some of the duties they may be held to under the Health and Safety at Work etc. Act 1974 include:

The provision of safe equipment and machinery
Regular maintenance and checks of equipment to ensure they’re in working order
Surveying the environment you’ll be working in to ensure it’s safe – and taking any necessary precautions to assure your safety (e.g. safety guards if needed or contact protocols for off-site work)
Proper instruction & training for actions that could impact your health (e.g. using machinery or manual handling tasks)
Completing risk assessments and health and safety checks, and informing you of any relevant findings.
Addressing any safety concerns you or your colleagues bring forward
Provision of PPE wherever necessary

Statistics About Accidents Happening At Work

The Health and Safety Executive (HSE) is a government agency that provides advice to employers. It also publishes health and safety statistics online. According to these, non-fatal employee injuries by the most common accident kinds for 2020/21 were as below. (This is according to employer reports.)

Slips, trips or falls on the same level: 33%
Handling, lifting or carrying: 18%
Struck by moving object: 10%
Acts of violence: 8%
Falls from a height: 8%

Circumstances Leading To Workplace Accidents

Workplace accidents can be damaging and a serious accident can have detrimental physical and financial effects.

The following circumstances could lead to workplace accidents:

Lack of training can lead to manual handling injuries and strains.
Irregular checks on equipment could lead to catastrophic injuries.
Lack of health and safety procedures could lead to injury.

Speaking to the appropriate colleague or supervisor for information about any tasks you undertake is advised. If your employer failed in their provision of duty of care to you, and it caused your injuries, you should speak to one of our advisers to see if you have a claim for employer negligence.

Can I Sue Due To Employer Negligence?

You could claim against your employer if you can show that:

They owed you a duty of care. (They should owe you this under law.)
They breached this duty causing an accident or incident.
You suffered an injury as a result of this.

If your employer’s negligence contributed to your injuries, you could sue for damages for not just the injury caused, but for the subsequent impact it’s had on your life.

This can include:

If it caused you mental harm.
Loss of employment or financial opportunities.
If you incurred costs to seek treatment or you’ve had to make changes to your life.

Any physical, psychological or financial damage stemming from the incident could be part of your claim.

Remember, your employer cannot discriminate against you for making an honest claim against them.

What To Do As Part Of Your Claim

If you’ve suffered accident, the steps you could take are as below.

Seek medical attention.
Log the accident in the work report book.
Take pictures of the scene of the accident.
Collect the contact information of any witnesses for statements.

Document everything you remember and keep financial records of any costs you incur after. Access medical notes related to the injury.

If you’re unsure of what evidence you’d need or what steps you need to take in an employer’s negligence claim, please get in touch with one of our advisers for a free consultation regarding your case.

Placing A Value On A Work Injury Payout

Injury is a broad term that encompasses both any physical or mental harm you might have suffered and compensation for a claim would look to address both.

Any amount awarded would be in respect of how it has impacted your life and how it would continue to impact your life.

The Judicial College Guidelines, a publication used by solicitors and judges to value injuries, offers guidance on general amounts previously awarded for specific injuries. We’ve created the compensation table below using figures from this document.

Type Of Injury	Notes	Potential Damage
Psychiatric Damage: Moderate	The prognosis will now be good but the claimant will have suffered.	£5,500 to £17,900
Chest Injuries: (g)	Injuries that lead to pain over a number of weeks.	Up to £3,710
Neck Injuries: Severe (iii)	That lead to chronic conditions and permanent disabilities.	£42,680 to £52,540
Neck Injuries: Minor (iii)	That leads to pain but you recover within 3 months.	Up to £2,300
Shoulder Injuries: Moderate	Wherein movement is affected for about 2 years	£7,410 to £11,980
Fracture of Clavicle	A more serious case will see it awarded more	£4,830 to £11,490
Wrist Injuries: (f)	Fractures or injuries that require bandages for a while but will heal	£3,310 to £4,450
Knee Injuries: Moderate (i)	Involving dislocation that leads to instability or a minor disability.	£13,920 to £24,580
Achilles Tendon: Minor	A turning of the ankle that leads to minor damage.	£6,820 to £11,820
Foot Injuries: Modest	That leads to limps or mobility problems, but full recovery.	Up to £12,900

Compensation for physical and mental injuries is known as general damages. To help you evidence general damages, you would attend a medical assessment. This is part of the personal injury claims process. During it, an independent healthcare professional would check your injuries. They’d create a report that illustrates:

The severity of your injuries
Whether they are consistent with those that could be caused by the incident

The report could be used as evidence. It could also be used to value your injuries too.

Compensation for the financial losses associated with your injuries is called special damages. This includes travel expenses (to and from the hospital, for example), care costs and loss of earnings.

You’d need evidence, such as bills or invoices, to prove special damages.

You can contact our advisers to discuss your case in detail and get a clearer picture of what you could claim for.

When Could I Use A No Win No Fee Solicitor?

No Win No Fee solicitors do not require an upfront or ongoing fee. You’d only need to pay the fee if the claim is successful. What’s more, the fee is capped by law.

If the claim loses, you wouldn’t have to pay the solicitor their fee at all. Therefore, No Win No Fee solicitors would not take on a case they did not feel had merit and a high likelihood of winning.

Call Our Friendly Team To Talk About Employer Negligence

You can contact one of our advisers for any information about the process and just what we can do for you:

Contact us through our website.
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Additional Information About Employer Negligence

If you’re concerned about any health and safety issues in the workplace, you can report your concerns to the Health and Safety Executive.

If it’s any wrongdoing you’ve seen that is tantamount to negligence, they also offer whistleblowing avenues.

For any concerns about constructive dismissal and how to seek an employment tribunal, this government site could help.

We also have guides on:

Do you have any more questions about employer negligence? Reach out to our advisors for help.

Employer Negligence Claims