This guide offers information about when you could claim compensation for an injury in the workplace. We will discuss the eligibility requirements for putting forward a personal injury claim following an accident at work as well as the steps you could take to support your case.
When Can You Claim For An Injury In The Workplace?
Additionally, this guide will explore the duty of care an employer owes their employees to prevent them from sustaining an injury at work.
We will also look at the accidents and injuries that could occur if this duty is not upheld.
Furthermore, we will explore the compensation you could be awarded following a successful claim and the factors considered when valuing your potential award.
Please continue reading for more information. Alternatively, we invite you to speak to a member of our team for free legal advice. To get in touch, you can:
- Call us on 0113 460 1216
- Find out about making a claim online by filling out our form
- Speak with an advisor via the live chat function below.
Browse Our Guide
- When Can You Claim For An Injury In The Workplace?
- How Could You Suffer An Injury In The Workplace?
- Evidence You Could Use In A Work Injury Claim
- What Compensation Could You Get When Claiming For An Injury In The Workplace?
- Use Our Panel Of Accident At Work Solicitors To Claim
- Learn More About Claiming For A Workplace Accident
When Can You Claim For An Injury In The Workplace?
According to the Health and Safety Executive (HSE), 123 workers were killed in work-related accidents in 2021/22. Also, in the same year, there were 61,713 non-fatal injuries to employees. However, it’s important to understand that not all accidents and injuries that occur in the workplace will form the basis of a valid claim.
In order to claim for an injury in the workplace, you need to prove three essential points at the start. These include showing:
- That your employer had a duty of care to you at the place and time of the accident
- They breached this duty of care
- You sustained a physical or psychological injury because of this breach. This constitutes negligence for which you could be eligible to seek personal injury compensation.
Employers have a duty of care to prevent their employees from experiencing harm in the workplace. This is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). As per the duty of care they have, employers need to take all steps considered practicable and reasonable to prevent employees from experiencing harm in the workplace.
With this in mind, there are actions employers can take to help reduce or remove the risk of any known hazards. This includes conducting regular risk assessments, providing necessary and adequate personal protective equipment (PPE) and giving adequate training. A failure to do so could lead an employee sustaining harm at work.
Is There A Time Limit When Claiming For A Workplace Accident?
The Limitation Act 1980 states that there is a three-year time limit for starting a personal injury claim. The three-year period generally starts from the date of the accident at work, or the date you were able to connect a breach of duty of care as the cause of injuries.
This may vary if the injured person is under 18 or if the person lacks the mental capacity to start a claim themselves. In cases such as this, the time limit is paused, during which time a litigation friend can be appointed by the courts to start a claim on the injured person’s behalf.
If your employer failed to uphold their duty of care and you experienced harm as a result, please speak to our team to see whether you could be eligible to claim. They can also discuss the exceptions to the time limits in more detail.
How Could You Suffer An Injury In The Workplace?
There are several ways in which an employee could sustain an injury in the workplace. In some cases, this could be a result of poor health and safety. However, this is not always the case. Examples of workplace accidents can include:
- Slip, trip and fall accidents including an employee slipping on a wet floor that has no warning signs
- Falling from a ladder that is faulty
- Tripping on cables that are not adequately covered
- Being struck by a moving object
- Suffering harm from faulty machinery
- Building site injuries caused by a lack of PPE, such as hard hats and eye protection
Contact our team to understand whether you could be eligible to seek accident at work compensation.
Evidence You Could Use In A Work Injury Claim
Evidence can help to strengthen your personal injury claim as it can be used to demonstrate that negligence occurred. There are several ways you can collect sufficient evidence to support your case, including:
- Fill out the accident at work book with details on the accident and subsequent injuries you experienced. You can request a copy of this incident report as evidence to support your case.
- Take photos of your injuries and the area where the accident occurred.
- Ask for the contact details of any witnesses who could provide a witness statement at a later date.
- Obtain copies of medical records, such as X-rays or doctor reports.
You might also find it beneficial to seek legal representation. A solicitor can help with the different stages of the claims process, including ensuring you have sufficient evidence to support your case. The solicitors on our panel have experience handling accident at work claims and could offer similar services.
Find out more about how a solicitor from our panel could help you claim compensation for an injury in the workplace by calling the number above.
What Compensation Could You Get When Claiming For An Injury In The Workplace?
As part of the accident at work settlement you receive following a successful claim, you could be awarded up to two heads of claim. One of these is called general damages which looks to compensate for the physical pain and psychological suffering caused by your injuries.
A solicitor can help arrange for an independent medical assessment to establish the extent and severity of the injury and then compare the findings to those injuries listed in the Judicial College Guidelines (JCG).
This document comprises a list of injuries and corresponding guideline compensation amounts. We have included these in the table below, but you should only use them as a guide because each settlement is unique.
| Area of Harm | Severity | Guideline Award Bracket | Description |
|---|---|---|---|
| Head | (c) Moderate (i) | £150,110 to £219,070 | Cases of moderate to severe intellectual deficit, impact on sight, speech, and senses. Also an increased risk of epilepsy, and no prospect of employment. |
| Knee | (a) Severe (i) | £69,730 to £96,210 | A serious knee injury involving joint disruption, gross ligament damage, lengthy treatment and significant loss of function amongst other issues. |
| Hand | (b) Serious Damage To Both Hands | £55,820 to £84,570 | Injuries that give rise to a permanent cosmetic disability and a loss of function that is significant. |
| Wrist | (a) Total Loss Of Function | £47,620 to £59,860 | There will have been an arthrodesis performed. |
| Back | (a) Severe (iii) | £38,780 to £69,730 | Disc lesions and disc fractures as well as fractures of the vertebral bodies and soft tissue injuries are included in this bracket. |
| Pelvis | (b) Moderate (i) | £26,590 to £39,170 | Significant hip or pelvis injury but the risk of any permanent disability now or in the future is not major. |
| Neck | (b) Moderate (i) | £24,990 to £38,490 | Injuries including fractures or dislocations that create severe immediate symptoms and may require spinal fusion. |
| Ankle | (c) Moderate | £13,740 to £26,590 | Fractures and ligamentous tears resulting in less serious disabilities such as difficulty in walking on uneven ground. |
| Shoulder | (b) Serious | £12,770 to £19,200 | Dislocation of the shoulder as well as damage to the lower part of the brachial plexus, creating symptoms like aching in the forearm and hand. |
| Elbow | (c) Moderate or Minor Injury | Up to £12,590 | This bracket includes most elbow injuries including simple fractures and tennis elbow syndrome, as well as lacerations which cause damage that isn't permanent. |
Special Damages In A Workplace Accident Claim
You could also be awarded special damages within your settlement which compensates for the financial losses you have incurred because of your injury. Special damages can be calculated by looking at documented proof such as receipts, bills and payslips that show the losses you experienced.
Examples of the losses you could claim back include:
- Loss of earnings if your workplace accident left you unable to work.
- The cost of medical treatment.
- Domestic care costs.
- Travel expenses.
For more information on the compensation you could receive after making a successful personal injury claim, get in touch using the number above.
Use Our Panel Of Accident At Work Solicitors To Claim
The solicitors on our panel can offer you a No Win No Fee agreement. One particular version of these contracts is called a Conditional Fee Agreement (CFA) which they can offer their services under. There are several financial advantages to working with a solicitor in this way. For example:
- There are no fees required upfront for your solicitor’s services. You also won’t need to pay for these services as the claim moves ahead.
- A claim with a successful outcome means that a small, legally-capped percentage is deducted from your compensation. If the claim fails, you don’t need to pay this success fee.
To learn more about whether a solicitor from our panel could represent your claim on this basis, please get in touch with our team. If you are eligible, they could assign a personal injury solicitor from our panel.
Additionally, they can answer any questions you might have about eligibility, the steps you can take to seek compensation and what you could be awarded. To get in touch:
- Call us on 0113 460 1216
- Find out about making a claim online by filling out our form
- Speak with an advisor via the live chat function below.
Learn More About Claiming For A Workplace Accident
For more of our helpful guides on workplace accident claims:
- Can I make a fall from height claim?
- How to find quality personal injury solicitors
- Brain damage accident at work
For more external resources:
- HSE – Employer Responsibilities
- NHS – First Aid
- GOV – Statutory Sick Pay
Thank you for reading this guide on when you could claim for an injury in the workplace. If you have any other questions, please get in touch using the details provided above.
Writer Jeff Wallow
Editor Meg McConnell