Are you thinking “I had an accident at work, what are my rights?”. If so, you may find this guide useful.
If you’ve been injured at work because of employer negligence, then you could be owed compensation for your injuries. This guide will explain when you could be eligible to claim and how your settlement could be valued.
Our advisors are available 24/7 to answer any of your accident at work questions and inform you of your rights, as well as provide free legal advice to help with your claim. They can determine the validity of your case and may connect you to our panel of No Win No Fee solicitors if you have a valid claim. Contact our advisors today by:
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- I Had An Accident At Work, What Are My Rights?
- What Are Work Accidents?
- How Do Work Accidents Take Place?
- Calculating Work Accident Compensation
- What Is A No Win No Fee Agreement?
- More Resources – I Had An Accident At Work, What Are My Rights?
All employers owe their employees a duty of care. They should take all reasonably practicable steps to provide their employees with a safe working environment. If they breach this duty of care, then this is an example of negligence. If you’ve been injured because of negligence, then you could be entitled to claim compensation from your employer.
In this article, we will explain how The Health and Safety at Work etc. Act 1974 (HASAWA) is a piece of legislation outlining health and safety regulations to ensure an employer fulfils the duty of care that they owe you. We’ll also look at how accidents at work could take place as a result of negligence, and the ways that you could be injured.
Furthermore, we will explain what a No Win No Fee agreement is, and how you could fund legal representation using one. If you have any more questions along the lines of, “I had an accident at work, what are my rights?”, then please don’t hesitate to get in touch with an advisor today.
Work Accident Statistics
The Health and Safety Executive (HSE) requires employers to report under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) the non-fatal employee accidents that transpire in the workplace. In, 2020/21, 51,211 non-fatal injury reports were made, with 37,111 requiring a 7-day absence from work.
The most commonly reported kind of accident was slips, trips and falls on the same level, with 16,698 reported. This is a reduction from 2017/18 when 21,899 of these accidents were reported. However, the percentage that these make up of accidents overall has increased from 31% to 33%.
Work accidents can happen in any industry or sector. However, in order to be able to make a claim, you must prove your employer’s negligence directly resulted in your injury.
There are a number of different things that employers can do to adhere to the duty of care that they owe employees. Some examples of these steps include:
- Maintaining good housekeeping – All walkways should be clear of obstructions and spills, such as boxes or loose wires in pathways. Furthermore, walkways should be well lit to ensure that you can see any hazards in place. Walking surfaces should be suitable.
- Providing safe equipment – In some workspaces, you need to use equipment to do your job. This can be dangerous if your employer doesn’t properly maintain it. For example, the breaks on a forklift truck could malfunction, but this isn’t spotted because the scheduled maintenance is missed. This could result in a crash.
- Giving the right training – If you aren’t given the training that you need to do your job safely, then this can cause injury. For example, if you’re not trained on how to use a jackhammer before being asked to use it, then you could sustain a foot injury if you lose control of it.
- Supplying Personal Protective Equipment (PPE) – Employees should be provided with free, relevant and suitable PPE where necessary according to the Personal Protective Equipment at Work Regulations 2022. If you aren’t provided with protective goggles where these are required, then this could lead to an eye injury for example.
One of the things that employers are expected to do to decide what steps need to be taken is to perform risk assessments. This is where an employer looks at a certain activity and predicts what kinds of risks this could pose, and whether these risks can be removed or reduced. If they can’t, then employers should make their employees aware of this.
For more information on what your rights are after an accident at work, get in touch with our advisors today.
Below, we’ve included some examples of accidents at work that could occur, causing injury:
- Slips, trips and falls
- Machinery malfunctions
- Vehicle collisions, i.e. forklifts
- Unsuitable PPE
- Falls from a height
- Manual handling accidents
- Struck by a moving object
To prove that your accident was due to employer negligence, it’s a good idea to collect evidence. If you choose to work with a No Win No Fee solicitor from our panel, they can help you do this.
Some examples of evidence include:
- Medical records – You should always seek medical attention if you’re injured. This gives you the best chance of recovery and generates medical records that you can use to support your claim.
- Accident report – Employers are required to have an accident at work book in a workplace with 10 or more employees. Fill out the book to create a timely record or have a colleague fill it out if you are unable to do so.
- Photographs – Take pictures of the accident site and your injury to strengthen your case.
- CCTV footage – You can ask your employer for CCTV footage of the accident, as it might show the events leading up to it or the accident itself occurring.
- Witness details – Collect witness details for a professional, like a lawyer, to collect statements from later on.
If you’re wondering “I had an accident at work, what are my rights?” then our team could help. Get in touch today for free legal advice.
As part of a successful claim, you can receive compensation for general damages which covers the suffering of the injury, as well as special damages for the financial costs incurred.
The Judicial College Guidelines (JCG) publishes compensation brackets broken down according to the sort of injury and the level of severity. We’ve included some excerpts from these guidelines in the table below:
|Moderate brain damage (ii)||£140,870 to £205,580||Where there's a moderate or modest deficit of intellect. There will be some risk of epilepsy and a greatly reduced ability to work.|
|Moderate psychiatric damage generally (c)||£5,500 to £17,900||There will be an inability to cope with factors of life such as education, work and life in general.|
|Transient eye injuries (i)||£2,070 to £3,710||A complete recovery will have been made within a few weeks|
|Partial hearing loss or/and tinnitus (i)||£27,890 to £42,730||Severe tinnitus and noise-induced hearing loss.|
|Chest injury (c)||£29,380 to £51,460||Lung and chest damage causing some lasting disability.|
|Lung disease (h)||£2,070 to £5,000||Temporary irritation of bronchitis or other chest problems with recovery in a couple of months.|
|Kidney (c)||£28,880 to £42,110||Loss of a single kidney and the other remains unaffected.|
|Bladder (d)||£21,970 to £29,380||Nearly full recovery, but some natural function impairment remains in the long-term.|
|Minor neck injury (iii)||Up to £2,300||Complete recovery in a three month period.|
|Fracture of clavicle (e)||£4,830 to £11,490||The amount received depends on the extent of the fracture, disability level, symptoms and permanence of the injury.|
The special damages you receive can differ depending on your individual circumstances. Some examples of special damages include:
- Loss of earnings and future income
- The cost of travelling between medical appointments
- Property adaptations
- The cost of having someone perform tasks for you that you can’t, such as gardening, cooking and cleaning
For more information on what compensation you may be eligible to receive as part of your accident at work claim, contact our advisor today.
A No Win No Fee agreement is an umbrella term that can refer to a Conditional Fee Agreement. This is a kind of agreement that sets out the conditions that your lawyer needs to meet before you pay them for the work that they’ve done. One advantage is that you don’t have to pay anything upfront or as the claim is ongoing.
It also states that if your claim is a success, your lawyer take a percentage of your compensation as a “success fee”. They can’t overcharge you, because there’s a legal cap on this success fee. If you lose your claim, then your lawyer won’t receive payment at all.
Ask Us “I Had An Accident At Work, What Are My Rights?”
For more information on what are your rights are after an accident at work, or on hiring a lawyer on a No Win No Fee basis, contact our advisors today by:
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
- How to make a workplace accident claim
- 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?
- How to make a work injury claim
- Back injury at work claims
Or the other informative external links provided:
Contact our advisors to help answer the question “I had an accident at work what are my rights?”.