This guide will explore when you could be eligible to claim compensation for an injury at work. There are several criteria that must be met, including ensuring you start your claim within the relevant time limit. We will explore this further in our guide.
Additionally, we will look at the legislation that outlines the duty of care your employer has to prevent you from sustaining an injury in the workplace. Also, we will provide examples of how an accident at work could occur if this duty of care is not adhered to.
Furthermore, we will discuss the process of claiming, including the evidence you can collect to support your claim and how working with a solicitor could benefit you.
In this guide, we will also explore the compensation you could receive if your claim succeeds and the factors considered when valuing your settlement.
If you have any other questions, contact an advisor from our team. They can offer legal advice for free 24/7. To contact them, you can:
- Call the number at the top of the page
- Speak with an advisor via the live chat function below
- Contact us by filling out our form
Browse Our Guide
- When Can You Claim For An Injury At Work?
- Top Tips When Claiming For An Injury At Work
- How Could An Accident At Work Happen?
- Work Injury Claim Calculator
- Use Our Panel Of Solicitors To Claim For An Injury At Work
- Learn More About Claiming For Employer Negligence
In order to make a claim for an injury at work, you need to demonstrate the following:
- Your employer owed you a duty of care at the time and place of the accident
- This duty of care was breached
- You experienced harm, either physically or emotionally, as a result of the breach. This is known as negligence, for which you could make a personal injury claim.
Employers owe a duty of care to their employees under the Health and Safety at Work etc. Act 1974. This means they have a responsibility to take all steps considered both reasonable and practicable to prevent an employee becoming injured in the workplace. Some of the steps they could take include:
- Conducting risk assessments on a regular basis
- Putting measures in place that address hazards found from the assessment
- Providing training that is adequate to ensure employees can carry out their work-related duties correctly and safely
- Giving employees necessary personal protective equipment
A failure to uphold the duty of care they owe could lead to you sustaining harm at work. To find out whether you could be eligible to seek compensation, get in touch on the number above.
As part of the injury at work claims process, you should consider the steps you can take to prove negligence occurred and support your claim. For example, you could:
- Request CCTV footage of the accident
- Keep a diary of your treatment and symptoms.
- Take photographs of your injury and the site of the accident.
- Request copies of any medical records.
- Record the contact details of potential witnesses who could provide an account of what happened.
Additionally, you may benefit from seeking legal representation in the form of a personal injury solicitor. They can help you gather evidence and ensure you put forward a full and complete case.
The solicitors from our panel offer services similar to these and also have experience handling claims similar to your own. If you have a valid claim, that has a chance of succeeding, they could represent your case.
Is There An Accident At Work Claim Time Limit?
Generally, you have 3 years from the date of the accident to start your injury at work claim. This is laid out in the Limitation Act 1980. However, there are certain exceptions that can apply. For example, the time limit may be paused for those under the age of 18 and those who don’t have the mental capacity to claim.
To learn more about the exceptions to the time limits, get in touch with an advisor via the number at the top of the page.
There are several ways an accident at work could take place. For example:
- Your employer does not put out a wet floor sign next to a spillage and you slip. As a result, you sustain a knee injury at work.
- A ladder provided by your employer is faulty, causing you to fall from a height and break your back.
- You are involved in a forklift accident because your employer failed to provide you with adequate training to correctly and safely operate the machinery. As a result, you sustain a neck injury, head injury and leg injury.
However, it’s important to note that not all workplace accidents and the injuries sustained as a result will happen due to negligence. For example, if your employer provided you with training and guidance for operating a forklift truck and you didn’t adhere to the guidelines they put in place causing you to sustain harm, you would not be able to make a personal injury claim.
If you are eligible, you could receive compensation that addresses the way in which you were impacted by the injuries you experienced. Find out more about accident at work compensation below.
After making a successful injury at work claim, you could receive a settlement that includes up to two heads of claim. General damages compensate for the physical pain and emotional suffering you have experienced because of your injuries.
Solicitors can use a document called the Judicial College Guidelines to help them when valuing your injuries. This is a document containing guideline compensation amounts that correspond to different injuries all with a varying level of severity.
We have included figures from this document in the following table. However, you should treat them as a guide because the settlement you receive won’t necessarily reflect the figures included. This is because each claim is unique.
|Injury||Notes||Guideline Compensation Amount|
|Very Severe Brain Damage (a)||The person requires full-time care.||£282,010 to £403,990|
|Arm Amputation (b) (i)||One arm is amputated at the shoulder.||Not less than £137,160|
|Severe Neck Injuries (a) (iii)||This bracket includes severe soft tissue damages leading to chronic conditions alongside a permanent and significant disability.||£45,470 to £55,990|
|Partial Hearing Loss/ Tinnitus (d) (i)||Tinnitus and noise-induced hearing loss that is severe in nature.||£29,710 to £45,540|
|Less Severe Elbow Injuries (b)||Injuries cause function to become impaired but don't involve major surgery or cause a disability of a significant nature.||£15,650 to £32,010|
|Moderate Back Injuries (b) (i)||Injuries in this bracket can include a prolapsed intervertebral disc that requires surgery.||£27,760 to £38,780|
|Severe Leg Injuries (b) (iv)||Moderate injuries that generally affect one leg such as a severe crush injury or multiple fractures.||£27,760 to £39,200|
|Moderate Ankle Injuries (c)||Fractures, ligamentous tears and other similar injuries causing less serious disabilities.||£13,740 to £26,590|
|Other Arm Injuries (d)||The forearm sustains a fracture that is simple in nature.||£6,610 to £19,200|
|Minor Eye Injuries (h)||Injuries resulting from being struck in the eye, splashed by liquids or exposure to fumes causing pain and vision interference that is temporary.||£3,950 to £8,730|
Special Damages In A Work Injury Claim
Special damages compensate for the financial losses you have experienced due to your injuries. This can include:
- Costs of care if you cannot look after yourself.
- Costs of travel, such as taxis or buses to and from medical appointments.
- Loss of earnings.
- Medical expenses.
It’s important to provide evidence of these losses when claiming them back. This can include receipts, payslips and bank statements.
For more information on the injury at work compensation you could be awarded following a successful claim, please get in touch using the details provided above.
You may benefit from working with a solicitor from our panel as they can offer you a type of No Win No Fee contract. There are several kinds but the solicitors from our panel can offer you a Conditional Fee Agreement (CFA).
As per the terms of a CFA, you typically won’t pay fees upfront, during the course of the claim or if the claim fails. However, if your claim is a success, you will pay a success fee from your compensation. This is taken as a percentage which is subject to a legal cap.
To find out whether you could have a solicitor represent you on this basis, contact an advisor from our team. They can also discuss eligibility, compensation and answer any other questions you might have regarding your potential claim. You can get in touch by:
- Calling the number at the top of the page
- Speaking with an advisor via the live chat function below
- Filling out the contact form on our website
Below, we have provided some additional guides relating to workplace accident claims:
- I Had an Accident at Work, Can My Employer Sack Me?
- How Can You Prevent an Accident at The Workplace?
- How To Find Serious Injury Solicitors
Additionally, we have provided some external resources that you may find beneficial:
Thank you for reading this guide on when you could be eligible to seek injury at work compensation and the process of doing so. If you have any other questions, do not hesitate to contact us using the details above.
Writer Arthur Welsh
Editor Meg McConnell