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?
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
- Can I Claim For An Accident At Work?
- Explaining An Accident At Work
- Examples Of Work Accidents
- How Much Can I Claim For An Accident At Work?
- What Are No Win No Fee Solicitors?
- 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.
| Injury | Severity | Notes | Amounts |
|---|---|---|---|
| Leg Injuries: (iii) Above-knee Amputation of One Leg | N/A | Factors 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 Scarring | N/A | One 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 Injuries | serious | 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) Moderate | Minor 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) Moderate | Complicated or several fractures or severe crushes to a single limb | £27,760 to £39,200 |
| (e) Serious Hand Injuries | Serious | Hand reduced to 50% capacity | £29,000 to £61,910 |
| (h) Moderate Hand Injury | Moderate | Significantly 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:
- Making a claim for a broken great toe
- Accident At Work Claims – Everything You Need To Know
- Factory Accident Claims Explained
- Fatal Accident Claims Guide
- How To Claim For An Accident At Work
- Building Site Accident Compensation Claims
- How To Find The Best Construction Accident Solicitors For You
- Eye Injuries At Work – How To Claim Compensation
- Compensation Awards For Brain Damage After Work Accidents
- Making A Workplace Accident Claim
- Claiming Compensation For Hand Injuries At Work
- Can I Make A Fall From A Height Claim?
- What Is A Collarbone Break At Work Worth In Compensation?
- Struck By A Moving Object At Work – Can I Claim?
- How To Get Compensation For A Head Injury At Work
- What To Do If You Suffer An Injury In A Workplace Accident
- Can I Claim For A Work Accident That Left Me Unable To Work?
- How To Make A Manual Handling Injury Claim
- Slip, Trip and Fall Accidents – How To Claim Compensation
- I’m Unable To Walk After An Accident At Work, How Do I Claim?
- I Had An Accident At Work, How Long Do I Have To Claim?
- I Had An Accident At Work, What Are My Rights?
- I Had An Accident At Work, What Do I Need to Do?
- I Had An Accident At Work, Can My Employer Sack Me?
- How Can You Prevent An Accident At The Workplace
- How To Report An Accident At Work
- Employee Personal Injury Claims Guide
- Am I Eligible To Make A Work Injury Claim?
- Forklift Accident At Work – How To Make A Claim
- I Had A Knee Injury At Work, Can I Claim Compensation?
- Get Compensation For A Finger Injury At Work
- Making No Win No Fee Accident At Work Claims
We’ve also included some external resources:
Provision and Use of Work Equipment Regulations 1998
Statutory Sick Pay (SSP) Eligibility
Writer Mary Matisse
Publisher Fern Stringer