Employee Personal Injury Claims Guide

Every employer owes their employees a duty of care, which can lead to an employee injury claim if breached. This duty of care is outlined in the Health and Safety at Work etc. Act 1974. It ensures that employers are legally required to do everything reasonably possible to ensure the health and safety of their employees. Therefore, if you have suffered an injury in the workplace due to your employer breaching this duty of care, you may be able to receive employee injury compensation.

employee injury

A guide on making a claim for an employee injury

However, you need to be able to prove your employer’s negligence for your claim to be a success. Therefore, in this guide, we will discuss some examples of different employee injuries that can happen at work, how you should react after the accident and how much compensation you could receive for an employee injury accident claim.  

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Choose A Section

  1. Can I Make A Claim After An Employee Injury?
  2. Types Of Injuries That Happen At Work
  3. How Do I React After A Workplace Accident?
  4. Determining A Payout For An Employee Injury
  5. Must I Have A No Win No Fee Solicitor?
  6. Extra Guidance On Employee Injury Claims

Can I Make A Claim After An Employee Injury?

To make a claim for an employee injury, you must prove your employer’s negligence, which resulted in an accident at work that was not your fault. Therefore, you must provide evidence that your employer breached their duty of care. 

For example, if you work in a restaurant, the risk of slipping on spilt food or drink could be higher than in other workplaces. In this scenario, the employer has the duty to provide appropriate training on how to deal with spillages and signage to mark slip hazards. The failure to provide these could result in a claim. 

If your employer has breached their duty of care, and this caused you to sustain an injury, you could make a claim. 

Employee Injury Statistics

During 2020/21, 1.7 million working people were suffering from a work-related illness, according to Health and Safety Executive (HSE) statistics for Great Britain. (The HSE is a government  agency that regulates workplace health and safety.) 

Also, under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), employers reported that  51,211 employees received non-fatal workplace injuries. The majority of these injuries, at 33%, were caused by slips, trips or falls on the same level. 

Types Of Injuries That Happen At Work

The central piece of legislation that governs health and safety in the workplace is the Health and Safety at Work etc. Act 1974. Section 2 describes the duty of care that every employer must adhere to. They are responsible for providing you with the tools and information to keep you safe in the workplace.

There is also a responsibility on you, the employee, to act within reason and adhere to training provided to prevent accidents at the workplace, where possible.  

There are many different types of injuries that you can be at risk of in the workplace. The most common causes and injuries are:

You can also suffer an injury because of the below. 

  • Not receiving proper training – Certain workplaces have tasks that are dangerous to carry out. Being untrained could result in ignorance of how to perform tasks that could cause damage. 
  • A failure to carry out regular maintenance – For example, if an employer was aware that a sink in the workplace was leaking and did not carry out maintenance in the appropriate time frame, an employee could be injured.  

These hazards could result in both psychological and physical injury as a result of negligence. This could lead to an employee injury claim.

How Do I React After A Workplace Accident?

Firstly, you need to seek medical attention. Many workplaces have a member of staff that is trained in first aid who will be able to help you. It is important to establish an injury has occurred in order for you to be able to claim compensation. 

Next, you must gather evidence of what happened to prove that your personal injury is a result of your employer’s negligence. 

Here are some examples of evidence that you can collect to prove your case: 

  • Witness contact details – From someone who was also present and saw the accident happen. They could be able to corroborate your story. 
  • CCTV footage – Showing the incident or hazard.
  • Photos – These could be of the hazard that caused the accident. 
  • Medical records – Detailing your treatment history and any medication that was prescribed to treat your injury. 
  • Accident report book – This can provide crucial information for a case. If you are able, make sure to complete this so that you have an employee injury report to use as evidence.

Finally, seeking legal advice to progress a claim is what we recommend. Your lawyer can navigate the many complex terms and costs involved in the legal process of pursuing compensation, which can be confusing.

Determining A Payout For An Employee Injury

There are two categories of damages that you could claim compensation for: general damages and special damages. 

  1. General damages – account for the physical harm, mental suffering and impact on quality of life that the employee injury at work has caused you. 
  2. Special Damages – account for financial losses caused by the injuries, both past and future.

It is crucial that you keep evidence of any costs relating to your injury. If you have to purchase anything, such as hearing aids, due to ear damage resulting from the injury, make sure you keep the receipts. Or, if you have had to pay for travel to attend medical appointments, keep your tickets. You could claim back any purchases you have made that are a result of the injury.   

The Judicial College Guidelines (JCG) provide information on how much compensation a successful employee injury claim could receive. The compensation table below provides an example of how much you could claim for different injuries, based on illustrative figures taken from the 16th edition of the JCG, produced in April 2022.

The injuryDetails of symptomsAmount of compensation
Hernia (c)Uncomplicated indirect inguinal hernia which is able to be repaired and has no lasting damage. £3,390 to £7,230
Minor Back Injury (i)This includes injuries which recover without surgery in about two to five years. £7,890 to £12,510
Severe Shoulder InjuryThese are often associated with neck and arm injuries and cause disability. £19,200 to £48,030
Wrist Injury (c)An injury that results in persistent pain and stiffness.£12,590 to £24,500
Moderate Hand InjuryAn injury that required surgery but this was not successful in treating the injury and permanent damage remains.£5,720 to £13,280
Less Serious Leg Injury (iii)A simple fracture of the tibia or fibula. This also includes soft tissue injuries. Up to £11,840
Moderate Ankle InjuryAn injury that causes lasting damage such as difficulty walking for long periods of time.£13,740 to £26,590
Moderate Foot InjuriesAn injury that may result in permanent appearance change to the foot and continuing symptoms. £13,740 to £24,990
Minor Vibration White FingerSymptoms are minor and occasional in only a few fingers. It doesn't have a large impact on work or leisure.£2,990 to £8,640
Serious Damage to Teeth (i)Loss of multiple front teeth and serious damage.£8,730 to £11,410

It is important to remember that these figures are just estimates. The amount of compensation can vary as a unique set of facts determines the outcome of each case.

If you’d like our advisors to value your claim for free, why not get in touch? They’re available 24/7 and you won’t be under any obligation to proceed with the services of our panel of solicitors. 

Must I Have A No Win No Fee Solicitor?

If you choose to claim with the help of a solicitor, we recommend opting for a No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA), as you will not have to pay the solicitor’s fee upfront. Nor will you have to pay their fee for the duration of your claim. And should your claim be unsuccessful, you will not have to pay the fee. 

However, in the event that your claim is a success, your solicitor will take a small percentage of the compensation awarded at the end of your claim. This goes towards their costs and is called a ‘success fee’, which is capped by law. 

Our panel of personal injury solicitors can offer you the option of entering into a No Win No Fee agreement with the purpose of giving you the financial security and confidence to fund legal representation.   

Start An Employee Injury Claim Today

  • Start your claim today by calling us on 0113 460 1215. Our advisors are available twenty-four hours a day, every day. 
  • Alternatively, visit our page to begin your claim online.
  • You can also use our live chat.

Extra Guidance On Employee Injury Claims

To find out more about relating to employee injury claims, follow these useful links:

The Conditional Fee Agreements Order 2013

NHS overview of first aid

NHS advice on when to visit an urgent treatment centre

We also have our own guides:

I had an accident at work. Can my employer sack me?

Factory accident claims

Building site compensation claims

We hope you have found this article useful for potentially pursuing your employee injury claim. 

Publisher Ruth Vincent

Writer Jess Oakland