After being injured from an accident at work, you have questions about claiming. In this guide, we hope to answer questions such as, “can I sue my employer?”. We will look at the eligibility criteria for pursuing compensation if you’ve been injured due to negligence.
When Can I Sue My Employer For Work Accident Injuries?
This guide will give examples of how an accident could happen and what an employer’s duty of care entails. Additionally, we will discuss how much compensation you could be entitled to if your claim is a success.
If you have any questions about claiming, get in touch with a member of our team today. If you have a valid claim, you could be connected with a No Win No Fee lawyer from our panel.
To get in touch, you can:
- Call us on 0113 460 1216
- Use our contact form
- Chat with us using the live chat feature below
Choose A Section
- When Can I Sue My Employer For Work Accident Injuries?
- Examples Of Employer Negligence That Could Lead To A Claim
- Calculating Compensation For A Work Injury Claim
- What Evidence Could Help You Claim Accident At Work Compensations?
- Our Panel Of No Win No Fee Accident At Work Solicitors Could Help You Claim
- Can I Sue My Employer? Further Resources
When Can I Sue My Employer For Work Accident Injuries?
To establish whether you are eligible to make a work accident claim against your employer, you need to determine whether you were harmed by their negligence.
An employer’s duty of care is defined under the Health and Safety at Work etc. Act 1974. This states that they need to take reasonable steps to ensure your safety in the workplace.
For this reason, you are only capable of succeeding in a compensation claim if you can show that:
- The employer had a duty of care towards you
- They breached this through their action or inaction
- The breach in question caused your injury
Get in touch with our team today for guidance on whether you are eligible to make a work injury claim.
Examples Of Employer Negligence That Could Lead To A Claim
In order to answer the question, “can I sue my employer?”, you need to establish whether your accident was caused by negligence. Negligence can come in various forms. Below, we have included some examples of negligence in the workplace and how it could result in accidental injury:
- Failure to supply personal protective equipment (PPE) that’s appropriate for the role. For example, you could suffer from a head injury if you’re given a faulty helmet.
- Failing to provide staff with training. For example, if you’re not given manual handling training, you could suffer from a hand injury if you’re told to carry something without knowing the proper technique.
- An absence of signage to hazards. For example, you could slip and fall on a wet floor that had not had a wet floor sign put up within a reasonable amount of time.
To find out more about employee personal injury claims, contact us today for free and helpful legal advice. If you have a valid claim, you could be provided with a lawyer from our panel.
Is There A Time Limit When Making A Claim For An Accident At Work?
The time limit for beginning a personal injury claim, as outlined in the Limitation Act 1980, is generally three years from the date of the incident.
However, due to exceptional circumstances, this period can be extended. For example, if someone lacked the mental capacity to make the claim themselves, then the time limit is suspended. It’s also suspended if the injured person is under 18.
A litigation friend may be able to claim on behalf of the injured person, however. This is an adult who can act in the best interest of the injured person and make their claim for them. In the event that the person becomes capable of pursuing their own claim, the time limit resumes.
Calculating Compensation For A Work Injury Claim
Having looked at the question, “can I sue my employer?”, you might be wondering how much a successful claim could be worth. In regards to compensation for a personal injury claim, there are two potential heads of a claim. The first of these is known as general damages. This head of claim relates to the pain and suffering your injuries have caused you.
Personal injury solicitors use a document called the Judicial College Guidelines to help them when valuing claims. We have used figures from this document in the table below:
Compensation Payouts
Injuries Value Severity and notes
Severe (i) Hip/Pelvis Injuries £78,400 to £130,930 This can include extensive fractures of the pelvis that entails the dislocation of the low back joint and a rupture of the bladder.
Moderate (i) Hip/Pelvis Injuries Up to £39,170 Moderate. This can include significant injury to pelvis or hip but without any major permanent disability.
Severe Ankle Injuries £31,310 to £50,060 Extensive treatment required, a long time in plaster or the requirement of pins and plates.
Moderate Ankle Injuries £13,740 to £26,590 Fractures, tears to ligaments and similar injuries. Cause less serious disabilities.
Moderate (i) Back Injuries £27,760 to £38,780 The lumbar vertebrae is compressed or crushed and there is a substantial risk of osteoarthritis, pain and interference with comfort.
Less Severe Elbow Injury £15,650 to £32,010 Impaired function without the need for major surgery.
Less Serious Hand injuries £14,450 to £29,000 Such as a severe crush injury resulting in significant impairment of the function of the hand.
Moderate (i) Knee Injuries £14,840 to £26,190 Dislocation, torn cartilage or meniscus which results in mild future disability.
Simple Arm Injuries £6,610 to £19,200
This can be fractures to the forearm that aren't complicated.
Minor Wrist Injuries £6,080 to £10,350 Recovery from injury takes longer than a year, but is complete except for some minor symptoms.
Claiming For Financial Losses After A Workplace Accident
The other head of compensation is known as special damages. Special damages cover any financial losses as a result of the injury. Here are a few examples:
- Travel costs, including the cost of bus fares, train rides or taxi journeys to and from medical appointments
- Loss of income, including future losses
- Medication and care
- Adaptations necessary to house or vehicle
Evidence is an important aspect of making a claim for special damages. If you want to get in touch regarding a personal injury at work claim, you can contact us today for free.
What Evidence Could Help You Claim Accident At Work Compensation?
When pursuing an accident at work claim, evidence is crucial. Potential types of evidence you could collect include:
- CCTV footage of the incident
- A diary of your treatment and symptoms to illustrate the physical and mental effects of the injury
- Medical records such as X-rays
- Photographs of the scene
- Contact details of potential eyewitnesses who would be willing to provide a statement
- A report from the accident book
If you would like to know more about your rights after an accident at work or what you need to do to build a claim, speak with a member of our team today. They may be able to answer the question, “can I sue my employer?”.
Our Panel Of No Win No Fee Accident At Work Solicitors Could Help You Claim
No Win No Fee agreements are agreements made between a solicitor and a claimant. In particular, a solicitor from our panel could offer you a Conditional Fee Agreement, which is a form of this kind of agreement.
This generally means that:
- You don’t pay an upfront fee to your lawyer
- There’s nothing to pay them as the claim progresses
- If your claim isn’t a success, you don’t pay your lawyer for the work they’ve done
- If you are awarded compensation, a percentage of this will be deducted as a success fee
The amount that your lawyer can take as a success fee is legally capped. This means you will not be overcharged.
Our team of advisors can offer guidance on the process of claiming. Furthermore, they could connect you with legal representation if your claim is valid. To get in touch, you can:
- Call us on 0113 460 1216
- Use our contact form
- Chat with us using the live chat feature below
Can I Sue My Employer? Further Resources
If you would like to know more, follow the links below for further reading:
How to find the best construction accident solicitors for your claim.
Our guide on finger injuries at work.
A guide on finding quality personal injury solicitors for your claim.
We have also included the links below, which you might find useful:
Employers’ Responsibilities- Health and Safety Executive
Information on how to get your medical records from the NHS
Guidance on requesting CCTV footage of yourself
If you are still wondering, “can I sue my employer?”, speak with a member of our team today.