Can I Claim For An Accident At Work?

This is a detailed guide on accident at work claims that looks to answer the question ‘can I claim for an accident at work?’. It will guide you through the criteria you need to assess to determine if you can claim for a workplace accident. You will also find out the answer to the question ‘ how long after a work accident can you claim?’.

Can I claim for an accident at work?

Can I claim for an accident at work?

There are a number of different ways you could be injured in the workplace. While some of them are relatively minor, others are much more serious and might leave you with long-term or even permanent effects.

Furthermore, this guide will explain everything you should know about making an accident at work claim and the laws which guide them. We’ll also detail some of the common types of accidents that can occur in the workplace.

If you want to know more about making a claim, you can get in touch today. You can:

  • Give us a call on 0113 460 1215
  • Write to us by filling out the contact form on this page
  • Chat with us in real-time using the chat feature on this screen 

Choose A Section

  1. Can I Claim For An Accident At Work?
  2. Explaining An Accident At Work
  3. Examples Of Work Accidents
  4. How Much Can I Claim For An Accident At Work?
  5. What Are No Win No Fee Solicitors?
  6. More Resources Answering Can I Claim For An Accident At Work?

Can I Claim For An Accident At Work?

You may be able to claim compensation for an accident at work if you can show it was caused by your employer’s negligence. Negligence is where they’ve breached the duty of care that they owed you. 

If you’re injured as a result, then you might be entitled to claim. However, you cannot claim just for a breach of duty of care happening; you must have been injured as a result.

Furthermore, you need to make sure that you’re claiming within the correct time limit. This is generally three years from the date of the incident. However, sometimes exceptions to this limitation period can apply. If you would like to know more, get in touch with our team today.

Explaining An Accident At Work

According to HSE, an accident is a separate, unintended and identifiable incident that causes an injury. In order for you to claim for injuries caused by an accident, it also needs to be work-related. This means that it must have happened out of, or in connection with, the work you’re carrying out. 

Your employer’s duty of care towards you is outlined in the Health and Safety at Work etc. Act 1974. This piece of legislation states that they need to take all reasonably practicable steps to make sure that you’re safe in the workspace.

This does not mean that they need to make the workplace totally safe or reduce the chance of accidents happening at all. But if you can show that you were injured in an accident that they could have taken reasonable steps to present, then you could claim.

Can I claim for an accident at work if it was my fault?

You may be able to make a claim for an accident at work if you were partially at fault for it happening. This is called a “split liability” claim.

This means that your employer accepts that they made some contribution to the accident you were injured in, but that you had a part to play, too. Your compensation will be reduced accordingly.

For more information on making a claim for an accident at work for which you were partly at fault, speak with an advisor today.

Examples Of Work Accidents

There are a number of different ways that someone could be injured as a result of an accident at work. Some kinds of accidents might only occur in certain workplaces, whereas others (such as slips and trips) could occur in any scenario.

Below, we have included some examples of how workplace accidents could occur as the result of a breach of duty:

  • Slips, trips and falls. These could occur because of poor housekeeping, such as a spill that has not been cleaned up within a reasonable timeframe.
  • Falls from a height. This might happen if you’re not given the correct equipment, such as non-slip shoes, to do your role safely.
  • Struck by a moving piece of machinery. When you work with machinery, this needs to be well-maintained to prevent the risk of it malfunctioning and causing injury.

When you make a claim for harm caused by an accident, then you will need to prove your claim. This evidence could come in the form of:

  • CCTV footage, if there was any that showed the accident happening. You can request this if you appear in it.
  • Witness statements; you can collect contact details so that a legal professional can take a statement later.
  • Photographs of your injuries as well as the scene of the accident.

Our team of advisors might be able to help you with the evidence you need to prove your claim for an accident at work. Get in touch today for free legal advice.

How Much Can I Claim For An Accident At Work?

When you make a compensation claim, your settlement can be made up of up to 2 different heads. The first of these, general damages, relates to the pain and suffering that your injuries have caused you.

This head of your claim can be valued with the help of the Judicial College Guidelines; this is a set of guideline compensation brackets that we’ve included in the table below. However, please be aware that the amount you actually receive could vary. 

InjurySeverityNotesAmounts
Leg Injuries:
(iii) Above-knee Amputation of One Leg
N/AFactors such as level of compensation will influence the award.
£104,830 to £137,470
(b) Amputation of One Foot
Similar to a below-knee amputation because of the loss of the ankle joint. £83,960 to £109,650
(d) Less Significant ScarringN/AOne scar or a number of very small scars where the appearance is marred but not markedly affected. £3,710 to £12,900
(d) Serious Toe Injuriesserious

Serious injury to the great toe or crushing or multiple fractures to two or more toes. £9,600 to £13,740
Ankle Injuries (c) Moderate(c ) Moderate

Less serious disabilities resulting from injuries like fractures and tears to ligaments.
£13,740 to £26,590
Knee Injuries(i) ModerateMinor instability caused by dislocation, fractures and torn cartilage, for example. £14,840 to £26,190
Severe Leg Injuries (iii) Serious

Serious compound or comminuted fractures resulting in a long period of treatment. £39,200 to £54,830
Leg Injuries (iv) Moderate

(iv) ModerateComplicated or several fractures or severe crushes to a single limb£27,760 to £39,200
(e) Serious Hand InjuriesSeriousHand reduced to 50% capacity

£29,000 to £61,910
(h) Moderate Hand InjuryModerateSignificantly impaired function in the future £5,720 to £13,280

When you make a claim, you could also receive special damages. This head of compensation relates to any financial losses that your injuries have resulted in. For example, if your injuries have meant that you have had to take time off work, you could receive compensation for the loss of earnings that this causes you to experience.

Other examples of special damages could include:

  • Medical costs that you couldn’t get for free
  • The cost of adapting your home or car if your injuries necessitate this
  • Travel costs to medical appointments

If you’d like an assessment of how much your claim for an accident at work could be worth, speak with an advisor today.

What Are No Win No Fee Solicitors?

When you make a claim for compensation, you might find that doing so with the help of a lawyer is beneficial. However, you may be concerned about the costs that this could cause you to incur.

If this is the case, then the kind of No Win No Fee agreement, called a Conditional Fee Agreement, offered by our panel of personal injury solicitors could benefit you. This kind of agreement means that you won’t pay your lawyer up front or as the claim progresses.

If you win your claim, then a small percentage of your settlement that’s legally limited will be deducted from your award. If your claim for an accident at work is not a success, then you won’t owe your solicitor this fee.

Ask Us any question 

You can ask us any questions for a greater understanding of how you can claim for an accident at work. Our team of advisors can offer free advice and can connect you to our panel of solicitors.

Get in touch today to start your claim. You can: 

  • Give us a call on 0113 460 1215
  • Write to us by filling out the contact form on this page
  • Chat with us in real-time using the chat feature on this screen

More Resources that answer the question – ‘Can I Claim For An Accident At Work?’

Below, you can find more of our guides about making a claim for an accident at work:

Claiming for a head injury at work

Making a claim for a broken great toe

What are my rights after an accident at work? 

We’ve also included some external resources:

NHS- When to call 999 

Provision and Use of Work Equipment Regulations 1998

Statutory Sick Pay (SSP) Eligibility

Writer Mary Matisse

Publisher Fern Stringer