In this guide, we will explore some frequently asked questions about making an accident at work compensation claim. As we move through our guide, we will discuss the eligibility criteria that need to be met for you to begin a claim against your employer and the time limit for starting legal proceedings. Later, we discuss the evidence you could gather to support your case and how a No Win No Fee solicitor from our panel could assist you through the different stages of the claims process.
Additionally, we provide examples of accidents and injuries at work as well as information on how to report a workplace accident. We also look at how compensation payouts are calculated and what they can comprise following a successful claim.
Continue reading for more information on personal injury claims. Alternatively, you can get in touch with our team of helpful advisors who can provide free guidance and answer any questions you might have. To reach them, you can:
Browse Our Guide
- When Could I Make An Accident At Work Compensation Claim?
- Is There A Time Limit To Starting An Accident At Work Compensation Claim?
- How Do You Report An Accident At Work?
- What Evidence Could Help You Make An Accident At Work Compensation Claim?
- What Is The Procedure For Starting A Personal Injury Claim?
- Calculating Work Injury Compensation Claims
- How Can No Win No Fee Accident At Work Solicitors Help?
- More Resources About Making An Accident At Work Compensation Claim
Whilst you’re at work and as you perform your work-related tasks, your employer owes you a duty of care to prevent you from becoming injured by taking reasonable and practicable steps. This duty is established by the Health and Safety at Work etc. Act 1974. Some of the steps an employer can take to uphold this duty include:
- Conducting risk assessments regularly.
- Providing personal protective equipment (PPE) where required.
- Ensuring all staff receive appropriate safety training.
- Maintaining the safety of workplace equipment.
If your employer failed to uphold their duty, it might have led to you sustaining an injury. For example, you may have sustained a head injury after slipping on a wet floor because warning signs weren’t placed down. In this instance, you might wish to make an accident at work compensation claim. To have valid grounds to do so, you must meet the personal injury claims eligibility criteria showing:
- At the time and location of your accident, your employer owed you a duty of care.
- This duty was breached.
- As a result of the breach, you sustained a physical and/or psychological injury in an accident.
For more information on when you could be eligible to begin a work injury claim, please get in touch to speak with an advisor.
The Limitation Act 1980 stipulates that personal injury claims have a 3-year time limit. Generally, this means you have three years from the accident date to begin legal proceedings. However, there are exceptions that could apply in some circumstances. For example:
- If the injured party lacks the mental capacity to pursue their own claim, an indefinite pause is placed on the time limit. Whilst that’s the case, a suitable adult can make an application to the courts to become the claimant’s litigation friend to seek compensation on their behalf. Alternatively, if the injured party recovers their capacity to claim, and legal proceedings haven’t already been started for them, the three years will begin from the recovery date.
- If the injured person is under the age of 18, the time limit is paused. While the pause is in place, an appointed litigation friend can start the claim on their behalf. Alternatively, if no claim is made for them, they will have three years from their 18th birthday to begin legal proceedings themselves.
To check how long you have to start an accident at work compensation claim or if you’d like advice about helping somebody else to take legal action against a negligent employer, please reach out to a member of our team.
Workplaces with 10 or more employees must have an accident book to keep a record of incidents that help identify any patterns with accidents and injuries. This can allow employers to better address and manage any risks within the workplace. Employees must ensure they report an accident at work to those responsible for filling out the accident book.
If you have been injured in a workplace accident, you could request a copy of the incident report from the accident book to use as evidence in support of your claim. Read on to find out more about how evidence can help strengthen your case.
If you wish to make an injury claim at work, you will need to provide as much supporting evidence as possible of the accident and your subsequent injuries.
The types of evidence that you could supply to support a workplace accident claim include:
- Photographs taken at the accident site, including of any visible injuries and hazards that caused the accident.
- A diary that explains how you’ve suffered both physically and mentally as a result of your injuries.
- Copies of your medical records, such as doctor and hospital reports.
- A copy of your accident report form to confirm where and when you were injured.
- Contact details for anybody who may have witnessed the accident so a statement can be taken at a later date.
- Video footage, if your accident was captured on camera.
If you instruct a solicitor to represent you, they can help you gather sufficient evidence to support your accident at work compensation claim. Call to find out whether you could be eligible to work with an expert solicitor from our panel.
As part of the personal injury claims process, the Pre-Action Protocol for Personal Injury Claims must be followed. They are a list of actions that should be undertaken as a way to resolve the matter without needing to go to court. As such, these need to have been carried out before a case is taken to court.
- Letter of Notification. This needs to be sent to the defendant to inform them that you are likely to make a personal injury claim.
- Rehabilitation. It must be considered as soon as possible whether the claimant will need rehabilitation or medical treatment.
- Letter of Claim. This is sent to provide an overview of the key facts on which the claim is based as well as details of any injuries suffered.
- The Response. The defendant must reply within 21 working days, identifying the insurer. Following this, the defendant will have a maximum of three months from the date they acknowledge the Letter of Claim to investigate further.
- Disclosure. This involves the exchange of any relevant information to help in clarifying or resolving any issues that are in dispute.
- Experts. An independent medical assessment will be arranged for the claimant to attend. A report will then be generated.
- Negotiations. During negotiations, a Part 36 offer can be made which permits claimants and defendants to make offers to settle pre-proceedings.
- Alternative Dispute Resolution. When parties cannot agree they can try arbitration or mediation to resolve the issue. If the matter cannot be resolved here then legal proceedings will need to be initiated.
If you choose to instruct a solicitor, they can carry out these steps on your behalf. To find out whether a solicitor from our panel could assist you through the different stages of making an accident at work compensation claim, please call our team.
Following a successful accident at work claim, you could be awarded a settlement comprising up to two heads of loss:
- General damages: This is the primary head which compensates for the pain and suffering of your injuries. This includes physical and/or psychological injuries. As mentioned briefly above, you may need to attend an independent medical assessment to produce a report with further details on your injuries. This report can then be used alongside other resources to help value your injuries.
- Special damages: This is the second head which compensates for the financial losses caused by your injuries, such as loss of earnings, care costs, medical expenses, travel expenses, and the cost of adapting your home or vehicle. Keep hold of documentation to prove these losses, such as receipts, payslips, and invoices.
Alongside the medical report, those responsible for valuing your injuries may also turn to the Judicial College Guidelines (JCG). The JCG lists different injuries with corresponding guideline compensation brackets. You can find examples of these in the table below. However, please use them as a guide only because settlements will differ depending on the unique factors of your specific case.
|Injury Type||Severity Level||Other Notes||Award Brackets - Guidelines|
|Multiple Serious Injuries Plus Other Damages||Serious||You could be awarded compensation to address several serious injuries alongside the financial costs incurred as a result.||Up to £1,000,000 plus|
|Arm Amputation||Loss of Both Arms||The person has full awareness of their injury and is reduced to a state of considerable helplessness.||£240,790 to £300,000|
|Back||Severe (i)||A severe injury involving spinal cord and nerve root damage leading to very serious consequences, including severe pain and disability.||£91,090 to £160,980|
|Moderate (i)||Cases where there is intervertebral disc damage with irritated nerve roots and reduced mobility.||£27,760 to £38,780|
|Neck||Severe (i)||Incomplete paraplegia with an associated neck injury.||Around £148,330|
|Moderate (i)||Serious soft tissues to both the neck and back are covered in this bracket.||£24,990 to £38,490|
|Knee||Severe (i)||A serious knee injury with, for example, joint disruption, gross ligament damage and considerable pain and function loss.||£69,730 to £96,210|
|Other Arm Injuries||Less Severe||A substantial degree of recovery has either already happened or will be expected to happen despite there having been significant disabilities.||£19,200 to £39,170|
Find out more about how an accident at work compensation claim will be calculated by calling the number above.
When you instruct a solicitor from our panel to assist you with seeking workplace injury compensation, they can offer the following services:
- Helping you to collect evidence needed to support your claim.
- Ensuring that your claim is filed correctly and on time.
- Dealing with any correspondence on your behalf.
- Sending you regular updates about how the case is progressing.
- Calculate the value of your claim.
Importantly, our panel of solicitors work on a No Win No Fee basis under a Conditional Fee Agreement (CFA). This typically means you can access their services without paying upfront, as your claim continues, or if your case has a failed outcome.
If you make a successful claim, you will receive compensation from which you’ll pay a success fee. This is taken as a percentage. However, the percentage has a legal cap ensuring you receive the majority of your settlement.
Learn more about making an accident at work compensation claim with a No Win No Fee solicitor from our panel via the contact details below:
For more of our helpful guides:
- Information about how to claim for a warehouse accident at work.
- Guidance about when you could claim for a serious injury at work.
- Details about how to claim if a workplace injury left you unable to walk.
For more external resources:
- Information on managing workplace safety from the Health and Safety Executive (HSE).
- Details about how to get your medical records from the NHS.
- Information about statutory sick pay eligibility from GOV.UK.
If you have any further questions regarding making an accident at work compensation claim, call an advisor on the number above.