If you’ve had a serious injury at work, this guide will provide helpful information relating to claiming compensation. We will explore accidents that could lead to injury and examine how employer negligence could cause this.
Additionally, this guide will discuss how solicitors and other legal professionals can value injuries. We will also look at the type of evidence you could use to support a personal injury claim.
To finish, we will highlight the benefits of instructing a solicitor on a No Win No Fee basis if you have a valid serious injury at work claim. For a free case assessment, contact our team of advisors today using the details below:
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- When Are You Able To Claim Compensation For A Serious Injury At Work?
- How Could A Serious Injury At Work Be The Result Of Employer Negligence?
- How Much Serious Injury Compensation Could You Receive?
- Potential Evidence In A Workplace Accident Claim
- Use Our Panel Of No Win No Fee Solicitors To Claim For A Serious Injury At Work
- Learn More About Claiming Serious Injury Compensation
To make a serious injury at work claim, you must satisfy the eligibility criteria. This means you must show that:
- Your employer owed you a duty of care
- Your employer breached their duty of care
- You suffered injuries as a direct result of this
As outlined in the Health and Safety at Work etc. Act 1974 (HASAWA), employers owe a duty of care to their employees; this means that they have to take all reasonable steps to ensure their safety in the workplace. Therefore, if your employer breaches their duty in HASAWA, and you suffer injuries, you could be entitled to claim.
Contact one of our advisors to find out whether you could have a valid work injury claim. They may offer to pass you to our panel of serious injury solicitors if eligible.
You could suffer a serious injury at work if your employer breaches the duty of care they owe you. Below, we provide some examples of how a workplace injury caused by a breach of duty could occur:
- You work in a warehouse, and your employer fails to train your college on how to stack a conveyor belt safely. This results in them incorrectly stacking the belt, causing a factory accident in which the items fall from the conveyor belt. You’re struck by a moving object as a result and suffer a severe head injury that results in brain damage.
- As a welder, you handle very hot materials. Your employer should have provided you with heat-resistant gloves and face protection as per their obligation under The Personal Protective Equipment at Work Regulations 1992. However, they failed to do so, and you suffered a burn injury to your face and hands.
- You require a ladder to do your role. Your employer knowingly provides you with a faulty ladder, which later causes you to fall from a height and, as a result, sustain a serious spinal injury that results in permanent paralysis.
If you have suffered a serious injury at work and are wondering if you could claim compensation, contact our team of advisors now. If this finds that your claim is valid, you could be passed on to a lawyer from our panel.
You could receive up to two heads of claim in a successful personal injury settlement. The first compensate you for the pain and suffering caused by your injuries and is called general damages. The amount you’re awarded for this head of claim will be dependent on factors like:
- Your injury’s severity and how it has impacted your quality of life
- Any treatments you have required during your rehabilitation
- How long it takes you to recover
Furthermore, to help assign value to your injuries, a solicitor may use the Judicial College Guidelines (JCG). The JCG assigns valuation brackets depending on the injury type and severity, and the figures are based on previous court case awards. Solicitors could also use your medical report in comparison with the JCG for further assistance.
Below are some examples of JCG valuation brackets for different injuries. Please remember that these figures cannot be guaranteed in your work injury claim due to the unique nature of each case.
|Paralysis||Tetraplegia (commonly known as Quadriplegia)||£324,600 to £403,990||Paralysis of the arms and the legs. The factors that will be considered when valuing these claims include life expectancy, level of awareness, mental health issues and whether the injured person has trouble breathing.|
|Paraplegia||£219,070 to £284,260||The amount awarded will depend on factors like the presence of pain, the level of independence of the injured person and their life expectancy.|
|Brain Damage||Very Severe||£282,010 to £403,990||Factors that will be considered when claims are valued include whether the injured person is physically limited, whether there are behavioural problems and the presence of epilepsy. Little or no language function and a need for full-time care.|
|Moderate (ii)||£90,720 to £150,110||Ability to work has been significantly reduced or stopped completely and there will be moderate to modest intellectual deficit. There is also a risk of epilepsy.|
|Neck||Severe (ii)||£65,740 to £130,930||Serious damage in cervical spine, with severe permanent disability such as substantial impact on neck mobility.|
|Severe (iii)||£45,470 to £55,990||Fractures or soft tissue damage and/or damaged tendons, leading to chronic conditions and significant permanent disability.|
|Burns||Covering 40% of the body or more||Likely to exceed £104,830||These injuries could cause a great degree of pain and may lead to continuing physical and psychological injury.|
|Facial Disfigurement||Very Severe Scarring||£29,780 to £97,330||In young claimants (typically teens to early 30's), where there is a significant cosmetic and psychological impact.|
|Back||Moderate (i)||£27,760 to £38,780||Compression fractures of the lumbar spine, with substantial risk of osteoarthritis and constant pain.|
|Moderate (ii)||£12,510 to £27,760||Disturbance of ligaments or muscles, leading to backache, or soft tissue injuries that exacerbate pre-existing back conditions by at least 5 years.|
Special Damages In Serious Injury Claims
The second potential head of claim is special damages, compensating you for reasonable losses incurred due to your injuries. To ensure you fully recover the losses you have incurred, you should provide as much evidence as possible; for example:
- Payslips that outline your potential earnings had you not been injured
- Receipts for proof of purchase of medical care necessary to recover
- An invoice for an adaptation you have had to make to your house to cope with your injuries, such as installing a ramp or chairlift.
A solicitor could help you build an evidence portfolio to assist your serious injury at work claim. Contact our team of advisors now to find out if you can work with a solicitor on our panel.
You should seek medical attention when you suffer a serious injury at work. This will ensure you’re treated if necessary and produce medical records that you could use as evidence. Evidence can be useful when attempting to prove employer negligence, and other forms you may want to consider include:
- Witnesses’ contact details so that they can provide a statement at a later date
- CCTV footage
- Photographs of the accident and your injuries
You might also be invited to attend an independent medical assessment as part of the process of claiming. The results of this assessment can be used to support your claim by confirming that your injuries are consistent with the accident you were involved in.
Contact our team of advisors today to see if you’re eligible to work with a solicitor on our panel. If so, they may be able to help you gather evidence and advise you throughout the claims process.
You may want expert advice to support you with your personal injury claim. Consider instructing a No Win No Fee solicitor if this is the case. Our panel of personal injury solicitors works under a Conditional Fee Agreement, a type of No Win No Fee accord.
Working with a solicitor on this basis would ensure that:
- You wouldn’t need to pay any upfront costs to secure their services
- There would be no legal fees to keep your case moving forward
- If your claim didn’t succeed, you wouldn’t have to pay them for their service
- If your claim won, they would only take a small percentage of your compensation. This is called a success fee, and a legal limitation applies to the portion of your settlement that they can take.
If you think this is right for you, contact us for a free case assessment today by:
- Calling us on 0113 460 1216
- Filling in our making a claim form
- Speaking with us via live chat on our website
We hope this guide has answered your questions regarding serious injury at work claims. If you would like to read more of our articles, you can find some here:
- How to claim compensation for a knee injury at work
- Am I eligible to make a work injury claim?
- Claiming for a permanent disability
- How Do I Claim For A Warehouse Accident At Work?
- Can I Sue My Employer For A Work Accident Causing Injuries?
For some external resources, look below:
- Get Medical Help – Information about getting help from the NHS
- Statutory Sick Pay – Guidance from Gov.uk
- About the Health and Safety Executive
Writer Will Grey
Publisher Fern Stringer