Are you struggling to navigate your way through the claims process? Have you suffered a workplace accident and are looking to claim? This guide has been created to help you understand how to make a personal injury claim after an accident in the workplace.
Our advisors are on hand 24 hours a day, 7 days a week to offer you free legal advice, to answer any of your questions. You can get in touch with us by:
- Calling the number at the top of the page
- Contacting us via our website
- Using the live chat feature.
Choose A Section
- How Do I Make A Workplace Accident Claim?
- Work Accident Situations
- How Long Do I Have To Claim Compensation After An Accident At Work?
- Workplace Accident Compensation Estimates
- Are No Win No Fee Agreements Cost-Effective?
- Additional Information About Workplace Accident Claims
A workplace accident claim is a personal injury claim. Inside a workplace, for example, you could suffer an injury due to employer negligence. In order to prove that employer negligence was the cause of your accident, you would need to show that: :
- You were owed a duty of care by the employer
- The duty of care owed to you was breached
- You suffered an injury or an illness as a result
If you are able to show that these criteria apply, then you could be eligible to make a claim for compensation.
The Health and Safety at Work etc. Act 1974 (HASAWA) is one of the most prominent pieces of legislation that governs health and safety within a workplace. It outlines an employer’s duty of care to their employers. This means that employers should take reasonable steps to protect the safety of their employees.
They can do this by identifying any health and safety risks to which employees could be exposed to while at work and take the appropriate measure to control any workplace risks.
The Latest Statistics On Accidents In A Workplace
The Health and Safety Executive (HSE) publishes the health and safety statistics for Great Britain. HSE makes detailed research into injury and illness within the workplace, compiling statistics related to incidents that have been reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). These reports are made by the employers when certain reportable incidents occur in the workplace.
With these statistics from RIDDOR for the year 2020/21, there were a total of 51,211 employees who have suffered a non-fatal injury while in the workplace. 33% of the non-fatal injuries were caused by slips, trips or falls on the same level, making it the most common accident type reported. This is followed by handing, lifting or carrying at 18%.
There are many different ways a workplace accident could happen. It could be an employee error, as a result of acting recklessly or it could be due to employer negligence. However, you would only be able to claim for an injury that came about as the result of a breach of duty of care.
Below, we have included some examples of how accidents at work could occur as a result of negligence:
- Poor housekeeping. For example, you could fall on a wire that was left trailing on a walkway. This could cause you to fall and fracture your arm.
- Inappropriate Personal Protective Equipment (PPE). For example, you might need a hard hat to do your role safely. If you’re not provided with this, or if the hard hat you’re given is not suitable, you could sustain a head injury.
- Lack of training. Your employer needs to provide you with the training that you need to do your job safely. If they fail to do so, you could be injured.
These are not the only ways you could be injured as a result of negligence. If your employer’s breach of duty of care has led to an injury, then you may be able to claim; speak with an advisor for more information.
A workplace accident claim is a kind of personal injury claim. These claims generally have a time limit of 3 years as set out by the Limitation Act 1980. The time limit would begin from the date of the injury or the date you gained the knowledge that you were injured as a result of negligence. However, there are exceptions to this rule; get in touch with our team to find out more.
The first step to take after you have been involved in an accident is to seek out medical attention. Every workplace should have a qualified first aider. However, in some cases, you might need to seek medical attention from a hospital, doctors’ surgery or walk-in centre.
The accident book should also be filled out. This creates a written record of the accident and could be used as evidence later down the line.
You could start to gather information and evidence in support of your claim. These can be items such as:
- Photos of the accident site
- Photos of the injury
- Contact details of witnesses
- CCTV footage of the accident
- A written record of the accident from the accident book
While it is not mandatory, it can also be helpful to get legal advice while you are preparing to claim. This can help clear any doubt or fears you may have when claiming. It can also assist you in understanding the legal requirements you may have to go through in order to make a successful claim.
For further advice on workplace accident claims, our advisors are happy to help. They are available 24 hours a day, 7 days a week.
The Judicial College publishes guidelines that outline different brackets of compensation based on previously settled claims. There are many different factors that go into deciding how much compensation you could be awarded, including the severity of the injury, how long you have suffered and the effects the injury has had on your day to day life.
Your solicitor could use these guidelines as a reference point when valuing your claim. However, it’s important to note that these aren’t guaranteed, and the amount of workplace accident compensation you do receive could differ.
Types of Injuries How Much? Description
Complete Loss of Sight in One Eye £46,240 to £51,460 Injury that has resulted in the loss of complete sight in one eye.
Total Loss of Hearing in One Ear £29,380 to £42,730 Injury that has resulted in the loss of hearing in one ear, with possible tinnitus, headaches and dizziness.
Chest Injuries (b) £61,710 to £94,470 A traumatic injury to the chest, lungs and/or heart which has resulted in a physical disability, reduction of life expectancy
Kidney £28,880 to £42,110 Injury has resulted in the loss of a kidney with no damage to the other one.
Bladder £60,050 to £75,010 Injuries that include a serious impairment of control with some pain and incontinence.
Neck Injuries: Moderate £23,460 to £36,120 Injuries that include fractures or dislocations, with additional damage to the soft tissue injuries to the neck and the back.
Back Injuries: Moderate £26,050 to £36,390 Injuries that involve a crush or compression fracture of the spine. Leading to constant pain, discomfort and damage to the nerve root and reduced mobility.
Shoulder Injuries: Serious £11,980 to £18,020 Injuries that involve a dislocated shoulder and damage to the brachial plexus, causing aching in the elbow and pain in the neck and shoulder.
Injuries resulting in permanent and substantial disablement
£36,770 to £56,180 Injuries that result in the serious fracture of one/both forearms where there is a permanent residual disability, either functional or cosmetic.
Wrist Injuries £22,990 to £36,770 Even though some movement remains, the injury has resulted in a significant and permanent disability.
Any injuries that were suffered will be compensated in the general damages head of your claim. This is done by taking into consideration the severity of the harm you sustained and the impact it may have on your quality of life.
You may be assessed by an independent medical professional, and they will then make a report about their findings. This report will be used to value your claim.
Special damages, on the other hand, are the additional financial expenses that were incurred as a result of the injury. These include both current and future losses, provided that you have evidence. For example, payslips could be used to show any loss of earnings that were incurred as a result of you being unable to work while recovering.
Types of financial loss that are considered to be special damages:
- Travel expenses
- Childcare costs
- Loss of wages
- Additional house modifications
If you have any further questions, don’t hesitate to contact us. If you have a valid claim, you could be connected with a solicitor from our panel.
No Win No Fee agreements are also called Conditional Fee Agreements; they are an arrangement between your and your personal injury solicitor that sets out the terms you need to meet before they receive payment.
If you win the case, then you will have to pay a success fee, which will be deducted from your compensation. However, the percentage that this fee consists of is capped by law. Your solicitor will discuss this with you so that there aren’t any surprises.
On the other hand, if your case is unsuccessful then you wouldn’t have to pay anything to your solicitor.
You do not need a solicitor to begin the claim process. However, it is useful to obtain a solicitor’s knowledge and advice.
Our advisors can put you in touch with our panel of personal injury solicitors, provided you have a valid claim. This service is available 24/7 so feel free to contact us about your questions.
Discuss A Work Injury Claim With Us
If you are still struggling with making a workplace accident claim, then please contact us by:
- Using our live chat feature
- Calling us on the number at the top of the screen
- Contacting us through our website
Here are some additional resources for you to have a look through.
The HSE also offers a guide of how to report an accident at work with examples of reportable incidents.
We also have a bunch of guides on accident at work claims which you can read below:
- A guide to accident at work claims
- How to claim compensation after an accident at work
- Building site accident claims
- How to make a fall from a height claim
- Claiming compensation for hand injuries at work
- Compensation awards for brain damage after an accident at work
- Eye injuries at work – how to claim
- How to find the best construction accident solicitors
- How to claim compensation for a head injury at work
- Make a claim for an injury caused by being struck by a moving object at work
- How to get compensation for a collarbone break at work
- What to do after a workplace accident
- See if you can claim if a workplace accident left you unable to work
- Manual handling injury claims
- Slip, trip and fall accidents – how to claim compensation
- Unable to walk after an accident at work – how to make a claim
- How long do you have to claim after an accident at work?
- I had an accident at work, what are my rights?
- How to make a work injury claim
- Back injury at work claims
To find more about workplace accident claims caused by employer negligence, reach out to our advisors.