Do you want to know more about claiming for an injury sustained in an accident while working in a shop? If so, this guide will prove helpful. It covers topics such as example scenarios, how long you have to claim, and even how much you could be awarded. The topic of whether or not your employer can dismiss you for having an accident is also covered.
Accident while working in a shop claims guide
In addition, you can find out whether you’re eligible to make a workplace accident claim. Our advisors are here to answer any questions you have about the process of claiming and you can get in touch 24/7. They can also provide you with information on No Win No Fee agreements in legal representation.
Reach out if you have any questions at any time:
- Call us on 0113 460 1216
- Fill out our webform to tell us about your claim online
- Use the pop-up chat window in the corner
Choose A Section
- Can I Claim Compensation For An Accident While Working In A Shop?
- Examples Of Shop Accident Scenarios
- Accident At Work – Claim Time Limits
- Determining Compensation For An Accident In A Shop
- Are No Win No Fee Lawyers Necessary For My Claim?
- Learn About Claiming Compensation For An Accident While Working In A Shop
Can I Claim Compensation For An Accident While Working In A Shop?
It’s important to be aware of the eligibility criteria if you’re injured while working in a shop and wish to make a claim. In other words, you need to know whether you have a right to compensation. There are 3 main points that must be addressed. Otherwise, you cannot make a claim.
They are:
- Duty of care – In order to claim, you must have been owed a duty of care at the time and place of the accident. The duty of care that employers owe can be found in section 2 of the Health and Safety at Work etc. Act 1974. They need to take reasonable steps to prevent injury to their workers.
- A breach of this duty – If your employer failed to take the reasonable steps expected of them to ensure your safety, this is a breach of the duty of care that they owe.
- Injuries taking place – Should an injury occur due to the negligence of your employer, this is an example
Get in touch today if you have any more questions regarding eligibility for accident at work claims.
Examples Of Shop Accident Scenarios
In this section, we look at some illustrative examples of how an accident while working in a shop could be caused by negligence. However, it’s important to bear in mind that every claim is unique. The scenarios in this list are only given as general examples of potential accidents.
- Wet floors – If the floor is wet due to a spillage, then this should be cleaned up as soon as reasonably practicable. Wet floor signs should also be put in place to alert employees of the hazard. If not, then an employee could sustain an injury due to a slip, trip, or fall.
- Hazardous stairways – Employers should make sure there is no damage to the floor surfaces on stairs and that any debris or clutter that could pose a trip hazard is cleaned away. Otherwise, a fall on the stairs can cause a neck injury.
- Manual handling – In order to lift awkward and heavy loads, you need to have received adequate training. Additionally, manual handling guidelines need to be followed. For instance, if someone is told to lift something that is too heavy for them, this could cause a back or knee injury.
If you’ve been injured in an accident while working a shop and want to find out if you meet the criteria to pursue a claim, our advisors are ready to offer free legal advice.
Gathering Evidence To Support Your Claim
You may be wondering how to prove a personal injury claim. Collecting evidence is a step that you can take to strengthen your claim. Not every kind of evidence will be applicable to all claims. However, in a claim for injuries sustained in an accident while working in a shop, the evidence you provide could include:
- CCTV footage
- Medical records
- Photographs (of your injuries and of the hazards)
- The report of the accident from the workplace accident book
- The contact details of anyone who saw the accident
There are other forms of evidence that can prove helpful too. Get in touch to find out more.
Accident At Work – Claim Time Limits
When claiming compensation for a shop accident, you need to begin the process within a certain amount of time. The Limitation Act 1980 tells us that you generally have 3 years from the date of your injury to start making a claim. You could also use the “date of knowledge” as the start of your 3-year time limit, which is when you realised (or should have realised) that your injuries were caused by negligence.
Other exceptions can include:
- Claimants under 18 – Their time limit does not begin until they turn 18. They’re legally unable to pursue a settlement themselves while still a minor.
- Those without the mental capacity to claim themselves – The time limit is suspended in these cases unless they become able to claim themselves.
During the periods when the injured party cannot make their own claim, a litigation friend can be appointed to do so on their behalf. Speak with our team for guidance on what time limit applies to your circumstances.
Determining Compensation For An Accident In A Shop
When legal professionals are valuing your claim, they will take several factors into account. The part of your compensation that relates to the pain and suffering your injuries have caused you is known as general damages. The severity of your injury is considered, amongst other factors. For example, you will receive more in general damages for a serious injury like a leg amputation than you would for a more minor leg injury.
The Judicial College Guidelines (JCG) can be used alongside medical evidence to help solicitors assign values to claims. Last updated in 2022, the JCG contains guideline compensation brackets for a wide range of injuries. We’ve included some example figures in the table below. Remember, these figures are only illustrative. Your own claim needs to be specifically assessed before the valuation process can begin.
| Injury | Description | Amount |
|---|---|---|
| Tetraplegia | (a) - A form of paralysis, this is also known as quadriplegia. There are a number of factors that will affect the payout, including the level of independence, life expectancy and presence of pain. | £324,600 to £403,990 |
| Knee | (a) Severe - The joint will have been subjected to serious disruption causing ligament damage and other issues. | £69,730 to £96,210 |
| Post-traumatic stress disorder | (b) Moderately severe - With professional help, there will be a better prognosis than in some more serious cases. Symptoms will persist and continue to affect the life of the injured person. | £23,150 to £59,860 |
| Head/brain | (d) Less severe - A good recovery will have been made and a normal social/work life can resume. There may be some lasting effects such as issues with memory. | £15,320 to £43,060 |
| Back | (b) Moderate - (i) For instance, constant pain and discomfort brought about by a crush injury | £27,760 to £38,780 |
| Ankle | (c) Moderate - Injuries such as tears in the ligaments and fractures leading to difficulty with tasks such as walking on uneven ground. | £13,740 to £26,590 |
| Arm | (d) Simple forearm fractures | £6,610 to £19,200 |
| Shoulder | (e) Clavicle fracture | £5,150 to £12,240 |
| Wrist | (e) A simple Colles' fracture | In the region of £7,430 |
| Chest | (g) When there is a fracture to the rib or soft tissue damage that causes pain/disability only for a period of weeks | Up to £3,950 |
Special Damages
As a result of the injury you sustained in an accident working in a shop, you may have been impacted financially. If so, you could be eligible to receive a figure known as special damages. Shop accident injuries can affect your finances in a few ways.
Below are some examples of what can be considered when calculating a special damages payment:
- Loss of earnings
- Medical expenses
- Property damage
- Extra care at home
You’ll need evidence to support these losses, such as receips and bills. Get in touch if you need any help or advice.
Are No Win No Fee Lawyers Necessary For My Claim?
Following an injury caused by an accident while working in a shop, you may want to consider hiring legal assistance to help you make claim. If you get in touch with our advisors, we could connect you with a No Win No Fee lawyer from our panel.
If claiming with a No Win No Fee agreement in place, then this means you won’t pay anything upfront or as the claim continues. You also won’t pay your lawyer for the work that they’ve dont in the event that you’re not awarded compensation.
To find out more about claiming on a No Win No Fee basis, get in touch with our advisors today:
- Call us on 0113 460 1216
- Fill out our webform to tell us about your claim online
- Use the pop-up chat window in the corner
Learn About Claiming Guidance For An Accident While Working In A Shop
Head to these additional resources for more information. If you’ve had an accident while working in a shop, then the links below may provide you with more information:
- Find out more about different types of personal injury claims.
- What steps can you take if you are left unable to walk after an accident at work?
- Another of our general guides on personal injury claims.
- Information from the Health and Safety Executive on reportable workplace injuries.
- Read about broken bone symptoms on the NHS website.
- Look into whether you could receive Statutory Sick Pay (SSP).
Writer Dan Barnes
Publisher Fern Stringer