Do you need to make a work injury claim? Were you left with injuries due to a health and safety failure in the workplace? Accidents such as these can have devastating consequences for the worker, resulting in pain, distress and lost income. With evidence to support your case after an accident caused by employer negligence, you may be entitled to compensation. This article explains how injury compensation is calculated and what practical steps you can take to seek a settlement.
Approaching a workplace accident claim alone can feel intimidating. Our advisors are available to discuss your case with support and confidential advice. Speak to them by calling on the number at the top of the page or using our live chat.
Select A Section:
- Can I Make A Work Injury Claim?
- The Criteria Required For Proving A Personal Injury Claim
- Which Accidents Lead To The Most Work Injury Claims?
- Gathering Evidence For A Strong Accident At Work Claim
- What Compensation Payout Could I Get For My Work Injury Claim?
- Working With A No Win No Fee Personal Injury Lawyer
Safety and health in the workplace are taken very seriously. The Health and Safety at Work etc. Act 1974 clearly outlines the expectations for employers to apply a duty of care. This duty requires employers to ensure that the workplace is safe for employees and visitors.
There are limits to what an employer can be held responsible for. For example, they may do everything reasonably possible to prevent accidents and they occur regardless. However, a breach of the employer’s duty of care that results in injuries could mean that you can claim.
Employers can abide by their duty of care by:
- Providing and maintaining the safest work environment reasonably possible
- Conducting regular risk assessments to avoid hazards
- Meeting with staff and union representatives to discuss any issues
- Acting upon those issues as promptly as possible
- Clearly displaying guidance about workplace health and safety
- Providing adequate training
- Properly supervising as appropriate
Proper adherence to the Health and Safety at Work etc. Act 1974 can limit the level of hazards at work. However, if you can prove that you were injured due to employer negligence, you could make a personal injury claim.
The main criteria for making an accident at work claim is if you can demonstrate that your employer failed to extend the appropriate duty of care to you, and you were injured as a result. To make a personal injury claim, you should ensure:
- The other party owed you a duty of care. (Employers owe employees a duty of care to protect their health, safety and wellbeing at work.)
- They breached this duty, causing an accident or incident.
- You suffered an injury as a result.
You could still claim if you were partially responsible for your injuries. However, if you were solely responsible for your injuries, you could find it difficult to claim. Get in touch with our advisors to find out if you could make a work injury claim.
Health and safety statistics offer an insight into the number of employees affected by workplace accidents or injuries in 2020/21.
- 1.7 million workers were suffering from a work-related illness (whether longstanding or new).
- 822,000 workers were suffering from work-related stress, anxiety or depression (whether longstanding or new).
- 470,000 workers were suffering from a work-related musculoskeletal disorder (whether longstanding or new).
- 441,000 working people reported sustaining a non-fatal injury at work.
- 51,211 employees had endured non-injuries that were reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
The accident scenarios that lead to statistics such as this varies from workplace to workplace. The Health and Safety Executive (HSE) offers guidance and practical advice to employers and employees to help them stay safe at work and avoid injury.
Potential Accidents That Could Justify A Work Injury Claim
Accidents that lead to claims can include:
- Back injuries caused by incorrect manual handling training or repetitive tasks without necessary breaks
- Slips, trips and falls due to hazards that the employer’s aware of but doesn’t attend to
- Soft tissue damage from a machinery malfunction because the employer fails to ensure appropriate maintenance is in place
Workplaces with more than 10 employees should have an accident logbook and many workplaces have a health and safety representative. When gathering evidence, you could obtain copies of these reports. In addition to this, you should pro-actively collect as much evidence as you can. This could include:
- Witness contact details of colleagues or others who saw what happened for statements
- CCTV footage if possible
- Photographs or mobile phone footage that can clarify circumstances
- Proof of damage to personal items
- Emergency crew reports or A&E admission notes
- Medical record entries
Accidents at work are not always clear-cut. It is possible that both sides were partly responsible to some degree for what happened. Employers may dispute your claim. Under the Health and Safety at Work etc. Act 1974, employees have a duty to ensure they take as much care as reasonably possible at work, so it’s essential that your evidence provides the clearest possible picture of what happened.
How much compensation you may receive for an injury at work depends on factors such as your supporting evidence. Compensation amounts cannot be absolutely guaranteed. But a work injury compensation lawyer acting on your behalf can aim for the highest amount appropriate.
As part of the personal injury claims process, you’d attend a medical assessment. A lawyer can arrange this for you. An independent and impartial GP or specialist would check your injuries and any relevant medical records. They would then create their own report to assess:
- Whether the injuries you suffered were directly related to the accident described
- The severity of your injuries
A personal injury solicitor acting on your behalf can use this report to value your injuries. They could compare your injuries with those listed in the Judicial College Guidelines (JCG), which correspond with potential compensation figures. The JCG does not provide guaranteed compensation amounts, however.
General damages are compensation for the physical and mental suffering you endure due to the accident. This can take into account factors such as the following:
- The worsening of pre-existing conditions
- Risk of long-term health conditions
- Impact on the general quality of your life now
The compensation table below provides an example of potential amounts that can be awarded.
|injury type||severity||JCG award bracket||notes|
|Ankle||(c) moderate||£12,900 to £24,950||Ligamentous tears that create difficulty walking on uneven ground|
|Hip/pelvis||(b) moderate (i)||£24,950 to £36,770||Significant injury where any future risk isn't great|
|Knee||(a) severe (i)||£65,440 to £90,290||Gross ligament damage and a disrupted joint that necessitates extensive treatment|
|Facial disfigurement||(c) significant scarring||£8,550 to £28,240||Some cosmetic disability after surgery with a moderate psychological reaction|
|Brain damage||(d) less severe||£14,380 to £40,410||Generally good recovery made but some persisting issues with concentration or memory|
|Psychiatric||(b) moderately severe||£17,900 to £51,460||Significant problems but a more optimistic prognosis for recovery|
|Hand||(e) serious hand injury||£27,220 to £58,100||Injury that has reduced the hand to 50% capacity, for example leaving it clawed, unsightly or clumsy|
If you can’t see your injury in the table above, why not get in touch so our advisors can value your claim for free?
Special damages compensate you for the financial loss you’ve suffered because of your accident. For example:
- Lost income through being unable to work
- Lost attendance bonus
- Missed pension contributions
- Expensive medical procedures unavailable on the NHS
- Adaptations to your home or car
- Travel costs (to hospital appointments or work, for example)
- The need for additional childcare provision
Legal representation can help you track and predict all these costs and others that may arise in the future. As you can only make one work injury claim for the incident, it’s important to ensure you include everything.
Under special damages, you could make a claim for domestic care that you needed while you recovered. Help like this can be expensive. The NHS estimate that it can cost between £650 to £1,600 per week to have a carer live with you.
In order to prove special damages, you’d need to provide documents such as invoices and receipts. Our advisors can help if you have any questions about what costs you could recover.
Anyone can initiate their own work injury claim. It is not a legal requirement to use the services of a lawyer. It’s important to remember that cases such as this can be complex and jargon-heavy. As you recover from your injuries you may not have the personal resources to concentrate on the needs of the case. Furthermore, the expertise and insights of a professional could give your compensation claim an additional edge.
If you choose to work with a personal injury lawyer to help your claim, a No Win No Fee agreement can help. Also called ‘Conditional Fee Agreements’, they work on the understanding that you will only pay the lawyer’s fee if your case wins. Unsuccessful outcomes mean that you do not have to pay your lawyer their fee.
The fee you pay the lawyer if the claim wins (‘success fee’) is capped by law. What’s more, under No Win No Fee, you wouldn’t have to pay any upfront or ongoing lawyer fees.
Work Injury Claim Time Limits
The time limit for personal injury claims in the workplace is generally that you have three years to initiate a claim. This date starts from the time of the injury or from when you first became aware of injury or illness (such as occupation illnesses like asbestosis that may have a longer onset period) being caused by employer negligence.
If you’d like free legal advice, why not get in touch? Our advisors are available 24/7.
- Call us on the number at the top of the page.
- Use our claim online form for a callback.
- Use the Live Chat window.
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?
- I had an accident at work, what are my rights?
- Back injury at work claims
The NHS gives advice on how to know if you have a broken bone.
Litigation friends can claim on behalf of those who lack the mental capacity to claim or minors.
If you have any questions about a work injury claim, our advisors can help. They’re available on the number at the top of the page whenever you’re ready.
Written by WAT
Published by VIC