In this guide, you can discover everything you need to know about accident at work claims.
If you’ve been injured in a workplace accident caused by an employer breaching their duty of care, you may be able to make a claim. Our guide will discuss what makes you eligible to claim compensation in further detail later on.
We’ll also explore what a duty of care means and why your employer has a legal obligation to provide this.
Additionally, we’ll be explaining what negligence means and how it could occur.
Furthermore, we’ll also discuss the compensation that you could be awarded following a successful claim
If you’re interested in making a claim, then you may wish to hire a solicitor to represent your claim. You may benefit from working with our panel’s experienced No Win No Fee solicitors. We’ll be exploring the services that they can offer further through this guide, but feel free to get in touch with our team of advisors anytime by:
- Calling 0113 460 1216
- Filling out our contact us form online
- Chatting with one of our advisors through the live chat feature on our website.
A guide to accident at work claims
How Do Injuries At Work Happen?
Employers have a legal obligation to provide a duty of care to their employees. This means that they should take reasonable steps to remove or reduce the risks to employees’ safety. This is set out in the Health and Safety at Work etc. Act 1974.
For accident at work claims, you need to prove employer negligence. This involves them breaching the duty of care they owe you, resulting in you being injured. The steps an employer can take will vary depending on the place of work. However, they can perform regular risk assessments to address any risks that pose a threat to the safety of employees.
We can look at a few examples of how an accident could occur at work:
- Faulty equipment.
- Slipping on a wet floor where no warning signs were present.
- Receiving no training and incorrectly performing a part of your job, leading to an injury
- Lifting a weight that’s too heavy for you
- Falling after leaning on a faulty banister
- Inadequately maintained machinery leading to an accident.
According to statistics collated by the Health and Safety Executive (HSE), there were 51,211 non-fatal injuries to employees that employers reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
Of this amount, 33% were involved in slips, trips or falls on the same level, and 18% were injured when lifting something too heavy at work.
To learn more about when you can make a workplace injury claim, please get in touch using the number above. An advisor can discuss the accident claims process with you in more detail.
Accident At Work Claims – What Evidence Do I Need?
As part of the work injury claims process, seeking medical attention for your injuries is important. This can help ensure you get the treatment needed for your injury. As well as this, it also generates medical records that support your compensation claim.
When making an accident at work claim, it’s important to gather evidence to prove negligence. Types of evidence that you could gather include:
- CCTV footage.
- Witness contact details.
- Photographs of the accident/injury.
- Copies of medical records from your injuries.
You may also find it beneficial to seek legal advice. Our panel of work accident solicitors have experience handling claims similar to your own, and if your claim is valid, they could offer to represent you. The services they can offer include helping you gather sufficient evidence to support your case.
To learn more about the accident at work claims process, please get in touch on the number above.
How Long Do I Have To Make An Accident At Work Claim?
The general time limit for starting a claim after an accident at work is three years. This can either begin from the date of the accident itself or the date that you realised your injuries were caused by negligence. This is outlined in the Limitation Act 1980.
In the case that a person isn’t mentally capable of making a claim or is under eighteen, the time limit is frozen. During this time, a litigation friend can be appointed to make that claim for them.
To learn more about the exceptions to the time limit, please get in touch on the number above.
Compensation Payouts In Accident At Work Claims
General damages is one of the heads of claim that will be awarded following a successful case. They compensate for the pain that your injuries have caused you to experience.
Legal professionals can use the Judicial College Guidelines to help them work out the value of the general damages portion of claims. This legal document contains guidelines compensation amounts for different injuries.
We’ve used these to create the table below. It’s important to remember that these figures are guidelines and are in no way guaranteed as all accident at work claims are unique.
| Injury Type | Compensation Award | Notes |
|---|---|---|
| Arm Injury | £96,160 - £130,930 | (a) Severe: Injuries are extremely serious, such as a serious brachial plexus injury. |
| Neck Injury | £65,740 - £130,930 | (a) Severe (ii): Covers serious fractures or damage to discs in the cervical spine. |
| Neck Injury | £45,470 - £55,990 | (a) Severe (iii): Injuries causing fractures or dislocations are included in this bracket. |
| Neck Injury | £24,990 - £38,490 | (b) Moderate (i): Fractures or dislocations which cause immediate symptoms and may necessitate spinal fusion. |
| Back Injury | £38,780 - £69,730 | (a) Severe (iii): Cases of disc lesions or fractures of discs or vertebral bodies or soft tissue injuries that lead to chronic conditions are included in this bracket. |
| Leg Injury | £39,200 - £54,830 | (b) Severe (iii): Serious compound or comminuted fractures or injuries to joints or ligaments are included in this bracket. |
| Leg Injury | £27,760 - £39,200 | Severe (b) (iv): This bracket includes complicated or multiple fractures of severe crushing injuries, generally affecting one limb. |
| Foot Injury | £13,740 - £24,990 | (e) Serious: Injuries in this bracket are less severe but they cause ongoing pain from traumatic arthritis. |
| Hand Injury | £14,450 - £29,000 | (g) Less Serious: This bracket includes a severe crush injury, resulting in significantly impaired function. |
| Shoulder Injury | £7,890 - £12,770 | (c) Moderate: A case of frozen shoulder causing limited movement and discomfort for around two years. |
The other head of claim you could receive is known as special damages. This compensates for the financial losses incurred due to your injuries. The costs you could claim back include:
- Loss of earnings
- Care costs
- Medical expenses
However, it’s important to keep documentation of any financial costs to provide as evidence when claiming them back.
To learn more about calculating compensation for a workplace accident claim, get in touch with an advisor.
No Win No Fee Agreements And Workplace Injury Claims
No Win No Fee solicitors can offer their services under a Conditional Fee Agreement. This means that there are usually no upfront or ongoing fees to pay for your solicitor’s services. Additionally, you won’t have to pay for these services if the claim is unsuccessful.
However, if your claim is successful, then you’ll pay your solicitor a success fee. This will be taken out of your compensation as a small percentage which is subject to a legal cap.
Our panel of accident at work solicitors can provide this service for you, provided that your claim is valid. To find out more, you can get in touch with us by using the contact details provided below.
See If You Can Claim – Contact Us For Free Legal Advice Today
For more information on accident at work claims, please get in touch with an advisor from our team. They can provide further guidance and answer any questions you may have.
You can get in touch by:
- Calling 0113 460 1216
- Filling out our contact us form online
- Chatting with one of our advisors through the live chat feature on our website.
