The process of making a serious work injury claim may seem daunting. However, it doesn’t have to be. We’ve put together this useful guide to help you with the process.
This article will provide information on your legal rights and the health and safety regulations that apply in the workplace. You’ll also find a work injury claim calculator table to offer insight on what you could be entitled to.
If you’re ready to make claim now or want more information, get in touch for instant free legal advice by:
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Choose A Section
- How To Make A Serious Work Injury Claim
- What Accidents Could Lead To Someone Suffering Serious Injuries?
- How Can I Sue An Employer?
- What Could I Get For A Serious Work Injury Claim?
- Could No Win No Fee Lawyers Handle Claims For Serious Injuries?
- Additional Details About Making A Serious Work Injury Claim
How To Make A Serious Work Injury Claim
A serious injury at work is sometimes described as a catastrophic injury. These kinds of injuries can have a significant and long-term impact on your life. Such injuries can include severe brain damage, amputations and serious medical problems.
The Health and Safety etc. Act 1974 (HASAWA) sets out employers’ responsibilities and what steps they should take to minimise the risk of workplace accidents. You could be entitled to workers’ compensation if this duty of care is neglected and you are injured as a result.
Accident types can vary according to industry type. However, as stated in the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), your employer may face additional responsibilities in instances of a serious injury. This is because the Health and Safety Executive (HSE) have a list of reportable incidents that must be reported to them under RIDDOR.
When making a serious injury at work claim, firstly, you must provide evidence of how it happened, the losses you’ve incurred and the impact it might have on you in the future. Your employer’s responsibility will also be assessed and whether they could have reasonably prevented the accident will be considered. This will help establish who is at fault.
Don’t worry about the prospect of claiming compensation having a negative impact on your employer; The Employers’ Liability (Company Insurance) Act 1969 means that your employer must have insurance in place to cover them if a claim is made. Subsequently, the compensation you may receive if successful won’t come directly from your employer.
Work Injury Statistics
Statistics from the Health and Safety Executive (HSE) indicate that the agriculture, forestry and fishing industry had the highest rate of non-fatal workplace injuries per 100,000 workers last year. This was closely followed by the construction industry.
There were 51,211 employees who sustained a non-fatal injury reported by employers under RIDDOR. Of these, 339,000 resulted in an absence of up to 7 days.
It is worth noting that not all of these instances of a workplace injury will allow you to make a valid claim for compensation for a serious injury at work. This is a result of the statistics relating to instances overall and not negligence.
What Accidents Could Lead To Someone Suffering Serious Injuries?
Section 2 of HASAWA sets out the duty of care that employers owe their employees. If health and safety regulations such as the HASAWA are not followed, this is a breach of duty of care. As a result, you could make a serious work injury claim.
Below are some examples of how an employer can breach their duty and lead to serious workplace accidents:
- Equipment or machinery accidents. If you are given a piece of equipment to work with, and it is faulty, you could be injured. If your employer knew (or should have known) about this, for instance through regular risk assessments that were missed, you might be able to claim for any injuries that occur as a result. In a workplace that requires ladders and scaffolding, a falling accident could occur if this equipment is defective.
- Slips, trips and falls. Trip hazards, such as boxes and clutter, should be kept out of walkways and populated areas. Additionally, spillages should be either cleaned up immediately or marked with a sign to avoid a serious accident at work. For example, if you slip on an unmarked wet floor at work, it could result in a serious knee injury.
- Faulty PPE. It’s your employer’s responsibility to provide Personal Protective Equipment (PPE) if you need it to do your job safely. For example, if you work in the construction industry, then you might need steel-toed boots or a hard hat. If you aren’t provided with PPE, or the equipment you’re given does not meet the minimum safety requirement, and you’re injured as a result, you could be entitled to make a construction health and safety claim.
How Can I Sue An Employer?
If you’ve been seriously injured in an accident at work, there are certain steps that you should take. We firstly recommend that you seek medical attention in the event of a serious injury at work. You may need to call 999 or head to your nearest A&E.
Secondly, it is important to gather evidence to prepare for making a serious work injury claim. If it’s possible, record the incident in your work’s accident report book. However, if you have suffered a serious injury, such as a crushed and broken hand, and are unable to complete a report, your colleague can do this for you.
Some other useful forms of evidence you could use, include:
- The contact details of any witnesses who can provide a statement
- CCTV footage
- Photographs of injuries and the accident site
- Medical reports
After taking the aforementioned steps, you may want to seek legal advice. While not a legal requirement, the support and guidance of a solicitor might make the claims process easier than it would be otherwise.
Use the banner below to get in touch with an advisor from our team. They will be able to offer you free legal advice..
What Could I Get For A Serious Work Injury Claim?
There are a number of factors to consider when calculating how much compensation you could receive for a serious work injury claim. If your claim is successful, your settlement can consist of two heads of claim. General damages account for the physical or mental harm that your injuries have caused you.
Below you can find some examples of potentially serious injuries at work and how much you could be entitled to. All figures are valued in line with the Judicial College Guidelines; this is a publication that suggests the compensation brackets for a range of different injuries.
We have included a table of figures from the JCG below:
| Injury Bracket | How Much? | Notes |
|---|---|---|
| Very Severe Brain Damage | £264,650 to £379,100 | In cases of very severe brain damage, life expectancy can be detrimentally affected. The injured person may also need full-time nursing care. |
| Total Blindness | In the region of £252,180 | Damages for loss of sight ranks with the most devastating injuries. |
| Asbestos-Related Disease | £65,710 to £118,150 | Lung cancer is one of the most serious asbestos-related diseases and can lead to a fatal outcome. |
| Facial Disfigurement | £27,940 to £91,350 | The extent to which the injury adversely affects the injured person’s face decides on the compensation awarded. |
| Severe (i) Neck Injuries | In the region of £139,210 | Neck injuries can be found in conjunction with back and shoulder problems. A severe neck injury may result in severe headaches for a period of years. |
| Severe (i) Back Injuries | £85,470 to £151,070 | A severe back injury may lead to damage to the spinal cords and nerve roots, which can significantly impair the bladder, bowel and sexual function. |
| Hand Injuries | £90,250 to £102,890 | Hands are considered the most important component parts of the upper limbs. Total or effective loss of one hand, particularly the dominant hand, falls into the higher end of this bracket. |
| Leg Injuries (iv) Amputations | £91,950 to £124,800 | A below-knee amputation of one leg, in cases where the injured person remained fully conscious, justify an award towards the higher end of this bracket. |
| Very Severe (a) Ankle Injuries | £46,980 to £65,420 | A very severe ankle injury may result in soft-tissue damage, subsequently causing a deformity and the risks of the degeneration of the joints. |
| Severe Toe Injuries | £12,900 to £29,770 | Severe crush injuries that lead to the amputation of one or two toes (other than the great toe). |
In addition, you could receive special damages. This covers any financial losses incurred, or that will potentially occur, as a result of your injury.
Some examples of what you could claim include:
- Travel expenses
- Care costs
- Medical costs not covered by the NHS
- Potential loss of future earnings
Make sure to retain any payslips and necessary receipts that can provide evidence for your serious work injury claim. Without evidence, you might find it difficult to receive these costs back.
Could No Win No Fee Lawyers Handle Claims For Serious Injuries?
Making a serious work injury claim against your employer can seem daunting. The thought of legal costs may also be a significant barrier for some people. If this is the case, a No Win No Fee agreement could be what you need.
If an accident at work lawyer offers their services on a No Win No Fee agreement, you don’t have to worry about upfront or ongoing solicitor fees. Moreover, you won’t have to worry at all should the claim not succeed.
A solicitor can deduct a legally capped percentage of the award if it is successful. This success fee means that you will always receive the majority of your settlement.
Additional Details About Making A Serious Work Injury Claim
We’ve included some useful resources that may come in handy when making a serious injury at work claim.
- Reportable Incidents – This guidance from HSE states what incidents employers must report to them.
- Request CCTV Footage – You can request CCTV footage of yourself; this may be useful evidence when making a serious work injury claim.
- When To Visit A&E – The NHS provides this guidance on when to visit A&Ee in the event of injury or illness.
You can read more of our guides below too:
- 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?
- 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?
- Scarring At Work Claims
If you have any more questions on how to make a serious work injury claim, please don’t hesitate to get in touch with our team of advisors.