If you’ve been in an accident at work, you may wonder if you are eligible to make a claim. Suffering an injury at work can lead to considerable pain, changes to your lifestyle, and loss of earnings for which you could be due compensation.

At Accident At Work Claim Care, we explain what employer negligence is, how long you may have to start your workplace accident claim, and the benefits of hiring a No Win No Fee solicitor to help you with your potential case.

Use our site to find answers to your questions, or get in touch directly. Our advisors are available 24/7 and you’ll be under no obligation to proceed with the services of our panel of lawyers.

Contact our expert team of advisors today to see if you can start your claim by:

• Calling the number at the top of the page
• Using the live chat feature
• Filling out our form to contact us online

You can continue reading this page to learn more about the key aspects of accident at work claims. You can also check out other guides on our website which cover this topic.

What Is An Accident At Work?

An accident at work can happen to anyone, but not all accidents in the workplace can form the basis of a successful claim. To make a claim, you must be able to prove that the injuries you sustained were a result of employer negligence.

Employers owe their employees a duty of care. This means that they have a responsibility under the Health and Safety at Work etc. Act 1974 (HASAWA) to provide a reasonably safe working environment. If they breach this duty, and you suffer an injury as a result, they could be found negligent. 

In the next section of this page about making an accident at work claim in the UK, we’ll look at different potential reasons an accident at work may occur. Further on, we’ll also talk about the different types of evidence which you could look to gather if you choose to pursue an accident at work claim. Other sections on this page will cover other related topics such as the time limit for accident at work claims and potential compensation amounts for workplace accident claims. Claiming on a No Win No Fee basis and what this means exactly is also covered on this page.

Find out if your personal injury claim is valid and learn more about negligence in the workplace by contacting our advisors today.

I Was Injured At Work, What Are My Rights?

If you’ve been injured at work, it’s important to know about your legal rights and protections.

For example, some people may mistakenly believe that because they’ve had an accident at work, their employer can dismiss them. In reality, your employer cannot dismiss you for suffering an injury at work, especially if it occurred through no fault of your own.

However, if you caused the accident due to something like gross negligence (you did something that you shouldn’t have done), your employer could dismiss you.

If your employer does dismiss you and you weren’t at fault, you could make a separate claim against them under employment law.

You also have the legal right to seek compensation for your injuries and losses. For example, if you had to take time off work to recover and didn’t get paid, you can claim back your lost earnings, as well as compensation for the physical and psychological harm the accident inflicted. We’ll discuss this in more detail below.

You also have a legal right to record the accident in the workplace incident report book. You should make sure that the account recorded is a true and accurate reflection of what happened. You shouldn’t sign the report book unless this is the case.

Examples Of Workplace Accidents

As we mentioned above, not all workplace accidents form successful claims. To make a claim, your injuries must be a result of employer negligence. This means that any injuries you sustained or harm you suffered has to be a result of your employer breaching their duty of care. 

• Lack of training: Your employer must provide you with any free and sufficient training you need to do your job safely. For example, if you work in a warehouse, you may need manual handling training. If your employer does not provide this, you may lift incorrectly and suffer a back or knee injury. Alternatively, if you need to use specialist equipment in your workplace, such as a forklift in a warehouse, then you should be given adequate training to operate this. Those that don’t may be injured and later claim for their injuries through forklift accident claims or claims related to any other machinery involved.

• Inadequate personal protective equipment (PPE): Your employer has a responsibility to provide you with free and adequate PPE if you need it to safely carry out your job. For example, if you work on a construction site, you may need a hard hat. If your employer does not provide this, or if they knowingly provide you with inadequate PPE, you could suffer a head injury from falling objects. 

• Poor housekeeping: Walkways should be kept unobstructed and clear of debris or clutter, and any spillages or other slip hazards should be cleared up as soon as possible to avoid injury. For example, if you work in an office with wires trailing across the floor, these should be secured as soon as reasonably possible to reduce the risk of tripping. 

• Lack of machine maintenance: Your employer is responsible for ensuring that any machinery or equipment you have to work with is adequately maintained. If your employer knowingly asks you to work with faulty equipment and you suffer an injury as a result, then they could be found responsible.

To learn more about how employer negligence is relevant to your accident at work claim, contact our advisors today. 

How To Prove An Accident At Work Claim

To start an accident at work claim in the UK, it’s necessary to provide evidence to support your case. To have a strong case, you will need to gather evidence that establishes the following:

• The accident you are claiming for did indeed take place
• This accident directly caused you harm physically and/or psychologically
• The accident was caused due to negligent behaviour by another party that owed you a duty of care

There are certain steps you can take after a workplace accident to obtain the evidence you need. You could:

1. Seek medical attention as soon as you can – it’s important to get yourself treated for any injuries you may have. An added benefit of this is that the entries made in your medical records can also serve as evidence if you choose to start a claim later. They should be able to confirm what injuries were sustained and how series they are. If you hire a solicitor to support your claim, they can assist with acquiring the medical records needed as evidence
2. Take photographs or obtain any CCTV footage of the accident – one of the best ways to establish within your claim what happened is to obtain visual evidence of the scene. You could take photos showing any defects or other issues that contributed to the accident, such as water on the floor, broken lighting, or faulty machinery. CCTV footage can also be used to show exactly what happened if any cameras cover the area in which the accident took place
3. Speak to any witnesses – if anyone saw what happened to you, the evidence they could provide may make all the difference to the success of your UK accident at work claim. We advise approaching witnesses and asking them to support you. If so, you just need to get their name and address. If you hire a solicitor to support your claim, they can take a statement from them.
4. Keep a log of financial losses linked to your accident and injuries – to ensure that you get completely compensated, it’s important to keep a record of any financial losses you’ve incurred because of your work accident injuries. This could include things like loss of earnings, medication costs or travel costs.

For more advice on how to prove a personal injury claim, please get in touch with us on the number at the top of this page.

How Long Do You Have To Claim For An Accident In The Workplace?

A piece of UK legislation known as the Limitation Act 1980 helps to explain how long you have to claim for an accident at work. The standard time limit for starting your accident at work claim is three years from the date of the accident, or alternatively the date that you realised you were injured due to negligence. However, there are some exceptions to this rule, including:

• People under the age of 18: For those under the age of 18, the time limit is suspended until the day of their 18th birthday. When this day is reached, the time limit will start if a claim hasn’t been started on the injured party’s behalf already. Someone else could potentially claim on behalf of someone under 18 during the suspension period by acting as their litigation friend. If a potential claimant hasn’t had a claim started on their behalf by the time they turn 18, then they will have until the day they turn 21 to start a claim on their own behalf. 

• Cases of incapacity: If you are unable to claim for yourself due to incapacity – for example, you’re not mentally able to claim – then the time limit is frozen until you regain the appropriate capacities. Someone else can claim on your behalf during this time as your litigation friend.

Contact our advisors today to find out how the personal injury claims time limit can affect your claim, and to learn more about the exceptions.

Compensation Payouts For Accident At Work Claims

There are two main factions that can make up your total compensation: general damages and special damages. General damages cover the pain and psychological harm you suffer due to your injuries. Legal professionals often use a document called the Judicial College Guidelines (JCG) to value potential compensation amounts, as the JCG provides a list of injuries and guideline compensation brackets. You can find some examples of these brackets in the table below.

Special damages cover the financial impact of your injuries. This can be anything from travel costs to and from appointments to total loss of all future earnings, depending on the severity of your injuries. However, to claim under special damages, you must be able to provide evidence of these losses. For example, to prove financial loss you could provide:

• Payslips
• Receipts
• Bills
• Invoices

Another important point to mention about special damages is that it may only be possible to claim for them through an accident at work claim if you are eligible to claim for general damages. Our advisors can offer a free estimation of what your claim could be worth. They can also provide advice if you call today.

Work With Accident At Work Solicitors

If you’re looking to make an accident at work claim, it is recommended that you instruct a solicitor to represent you. They have the expertise and experience to provide advice on the claims process and to help you obtain the evidence needed to establish liability.

If you need a reliable solicitor with experience recovering compensation for workplace accidents, get in touch with us today.

By getting the help of a solicitor, you can give the odds of you succeeding a big boost. They know how to present your case to the defendant and how to ensure you get compensated for every impact the injury has caused.

So if you’d like to make a claim today, or if you’d like to learn more about accidents at work in the UK, don’t hesitate to get in touch.

The advice we provide is free and carries no obligation to proceed with a claim. All of the solicitors we work with offer No Win No Fee agreements too, something which we’ll explain next.

Workplace Accident Claim – No Win No Fee Agreements

If you hire a solicitor to work on your workplace accident claim, they could offer you a No Win No Fee agreement.

Generally, with a No Win No Fee agreement, you are not expected to pay anything upfront to your solicitor for them to start working on your case. You are also usually not expected to pay them anything during the process of your claim.

Additionally, you will be obligated to pay them something called a success fee if they win your claim. This is a legally capped percentage taken from your compensation award. However, if the claim fails, you will not have to pay them.

Our panel of professional solicitors handle a wide variety of cases, such as forklift accident claims or slips, trips and falls.

Contact our advisors today for more information. They can also help you if you are wondering, “I’ve had an accident at work; how long do I have to claim?”.

Make An Accident At Work Claim

Our panel of No Win No Fee solicitors have years of experience in the legal field and can use this to help guide you through the complexities and legal jargon that can come with the personal injury claims process. 

Contact our team of advisors to find out if you could be eligible to talk to a solicitor from our expert panel. Our advisors can also provide free legal advice, and an estimation of what your claim could potentially be worth, with no strings attached.

Get in touch today to learn more by:

• Calling the number at the top of the screen
• Use our form to contact us online
• Using the live chat feature at the bottom of the screen

Find Out More About Accident At Work Claims

For more helpful resources surrounding accident at work claims, try:

• GOV.UK – Information on SSP (statutory sick pay)
• HSE – Workers’ Rights and Responsibilities
• NHS – When to call 999

You can also check out some of our other guides below:

• Head here to learn about construction accident claims
• For more about slips, trips and falls in the workplace, go here
• Go here for more about fatal accident at work claims
• For more on forklift accident claims, see this page
• And to learn how to make a factory accident claim, go here

Would you like to speak to an advisor for advice or potential support in regards making an accident at work claim in the UK? If so, please feel free to get in touch with Accident At Work Claims Care on the phone or online.