Can I Claim Compensation After A Workplace Accident Left Me Unable To Work?

Have you had an injury that has left you unable to work and you would like to know whether you can claim compensation? This guide will break down the circumstances in which you can claim compensation after a workplace accident.

unable to work

A guide on what you could do if unable to work due to injuries caused by employer negligence

Accidents can happen at work, however, if your employer has been negligent and, as a direct result, you have been injured then this following guide may be able to help.

If you have any questions about claiming for compensation after a workplace accident left you unable to work then feel free to contact our team of advisors via:

  • Using the button at the top of this page.
  • Filling out the contact form.
  • Speaking to an advisor using the live chat feature below. 

Choose A Section

  1. Could I Make A Claim If I’m Unable To Work?
  2. Accidents And Injuries That Physically Prevent People From Working
  3. What Evidence Could Prove An Unable To Work Claim?
  4. What Compensation Can I Get If I’m Unable To Work?
  5. Can A No Win No Fee Solicitor Handle My Claim?
  6. Guidance On How To Claim If You’re Unable To Work

Could I Make A Claim If I’m Unable To Work?

You can make a claim for compensation after a workplace accident has left you unable to work if you have evidence to show that your employer’s negligence caused your injury. 

Accidents do happen in the workplace even when employers try their best to mitigate risks. However, employers have a duty of care to take reasonable measures to protect your safety in the workplace. 

Employers have a responsibility to:

  • Identify risks – noting the possible hazards in the workspace.
  • Assess risks – assess the level of harm a risk poses.
  • Control risk – what steps can be put in place if a risk cannot be eliminated?
  • Record findings – log what the risk is and who it can harm.
  • Review controls – review the controls put in place and update if ineffective. 

Catastrophic Injury Statistics

In 2020/21, the Health and Safety Executive (HSE) documented that:

  • 1.7 million workers were suffering from work-related illnesses (whether new or long-standing).
  • 142 workers were killed in the workplace that year as reported by the Labour Force Survey.
  • 822,000 workers suffered from work-related stress, depression or anxiety.

Accidents And Injuries That Physically Prevent People From Working

An employer owes a duty of care to their employees, whereby they should take all reasonable and practicable steps to ensure safety in the workplace. The Health and Safety at Work etc. Act 1974 (HAWASA) details that an employer’s duty of care can involve:

  • Arranging to sensibly ensure employee safety when using, handling, storing and transporting items and substances.
  • Providing sufficient information, training and supervision to ensure the safety of their employees.
  • Reasonably maintaining pathways and walkways in the workplace.
  • Putting in practicable steps to provide and maintain a safe workspace.

You may be able to make a claim if your employer’s negligence caused a workplace injury as a direct result. Workplace accidents can happen in many ways including slips, trips and falls or due to improper maintenance of equipment and tools.

What Evidence Could Prove An Unable To Work Claim?

If you suffered an injury due to an employer’s negligence, resulting in the inability to work, then you may be eligible to make a claim for compensation. It is important that you are to provide evidence to support your claim by doing the following:

  • Medical Records – seek medical attention ensures you get the attention you need, but it can also help your claim. Any relevant medical records can be used as evidence.
  • Accident Book Logs – fill this out and have date and time-stamped documentation.
  • CCTV Footage – video may help support your claim.
  • Pictures of the area and injury – log the injury and the area where the accident happened.
  • Witness contact details – collect witness details for statements at a later date. 

For more information on what evidence can be gathered after a workplace accident and safety incident, speak with an advisor from our team. 

What Compensation Can I Get If I’m Unable To Work?

You may wonder how much compensation you could receive for your injury. How much compensation you may be awarded is dependent on the extent of your injuries and what costs you incur during your recovery period.

Compensation for your physical or psychological suffering is known as general damages.

As part of the claims process, you’d attend an independent medical assessment. This is so that an impartial healthcare professional can check your injuries and create a report that shows:

  • The injuries’ severity
  • Whether the injuries are consistent with those that could be caused by the accident

A solicitor can also use the report to help value your injuries. Alongside that, they may use the Judicial College Guidelines (JCG).

The JCG outlines potential compensation brackets for a wide variety of injuries at varying degrees of severity. The compensation table below illustrates figures taken from the JCG. 

Severe Post-Traumatic Stress Disorder £56,180 to £94,470Permanent effects preventing work at all or functioning close to the pre-trauma level. Negative impacts across all aspects of life.
Complete Loss of Sight in One Eye (e)£46,240 to £51,460Risks of sympathetic ophthalmia. Scarring in/around the eye not serious enough to garner a separate compensation.
Total Deafness (b)£85,170 to £102,890Lower bracket equates no speech deficit or tinnitus. Higher end includes both symptoms.
Severe Asthma (a)£40,410 to £61,710Permanently disabling resulting in lengthy and consistent coughing, sleep disturbances, physical activity impairment and lack of life enjoyment are severely restricted.
Bowels (c)In the region of £75,000Persistent faecal emergency and incontinence post-surgery causing embarrassment and distress. Typically following post-birth injuries.
Hernia (a)£13,970 to £22,680Continuous pain and/or limiting physical activity, leisure and/or employment.
Arm injuries resulting in Permament and Substantial Disablement (b)£36,770 to £56,180Serious fractures of the forearms with lasting disability whether in utility or deformity.
Serious Hand Injuries (e)£27,220 to £58,100Hand usage reduced to around half capacity. Amputation and re-joining of fingers causing hand clawing or disfigurement leading to diminished grip and dexterity and unsightliness.
Moderate Leg Injuries (iv)£26,050 to £36,790Complicated or many fractures or extensive crushing injuries, usually to a single limb. Dependent on level of treatment, impact on employability, changes in degeneration and need for surgery, imperfect fractures, muscle atrophy, limited joint mobility, knee instability, scarring and permanent vulnerability.
Lung Disease (c)£51,420 to £65,710Disease such as emphysema, exacerbated lung function, breathing impairment, lengthy and consistent coughing, disturbed sleep, physical activity and employment restrictions.

If you are unable to work, you might also be eligible to claim back loss of earnings under special damages. Special damages also include other financial losses you might accrue due to your injuries. For example:

  • Loss of income during recovery or future losses of income.
  • Child care costs.
  • Property adaptations may be needed due to your injury.
  • Travel expenses to and from medical appointments.

It’s important to note these are just guidelines and not guaranteed amounts. For a more accurate assessment speak with one of our advisors today.

Can A No Win No Fee Solicitor Handle My Claim?

You do not need to hire legal representation to make a personal injury claim. However, the guidance of a No Win No Fee lawyer may make the process feel simpler. 

Entering a No Win No Fee agreement requires no upfront cost and you pay nothing to the lawyer if the claim fails. Your No Win No Fee lawyer will take a small, legally-capped percentage of the compensation to cover their fee if the claim succeeds. 

For more information about our panel of No Win No Fee solicitors’ services, get in touch with our team of advisors. 

Make A Personal Injury Claim If You’re No Longer Able To Work

If you find that you have a basis for claiming compensation after a workplace accident then start by getting in touch with our team of advisors and finding out how our panel of No Win No Fee solicitors can help you. Contact us via:

  • Using the button at the top of this page.
  • Filling out the contact form.
  • Speaking to an advisor using the live chat feature below. 

Guidance On How To Claim If You’re Unable To Work

Please see the below links for more helpful information:

We also have a bunch of guides on accident at work claims which you can read below:

If you have any more questions about claiming compensation for a workplace accident that has left you unable to work, then don’t hesitate to get in touch.