This article will explore how, following an injury caused by employer negligence, you can construct a workplace accident claim. As well as this, it could help if you had a better understanding of how to calculate compensation values appropriate to your situation.
Making a workplace accident claim can be a trying task. Therefore be sure to contact our advisors. Available 24/7, they can give you a free consultation.
To get in touch:
- Use our contact page
- Use our live chat in the corner of your screen
- Call us on the number at the top of the page
A guide to making a workplace accident claim
What Are Workplace Accidents?
Workplace accidents are events that cause injury in the workplace due to the actions or inaction of a third party. The type of accident you experience can impact the type of claim you potentially make. This is because the area of injury, severity and psychological impacts are all integral to finding the conclusive value.
Workplace Accident Statistics
The Health and Safety Executive (HSE) releases annual reports on workplace injuries, worker illness and related information for Great Britain. It contains a breakdown of non-fatal injuries that were reported by employers.
Under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), eligible workplace accidents must be reported. The Health and Safety Executive reported 1.7 million workers suffering from a work-related illness in 2020/21.
In further HSE statistics, 33% of non-fatal injuries in 2020/21 were caused by slips, trips and falls, with 18% caused by handling, lifting or carrying.
Compensation Amounts For Workplace Accident Claims
The Judicial College Guidelines (JCG) is a publication that contains potential compensation figures for various injuries. Solicitors may use the Guidelines when valuing injuries.
While not intended to provide an accurate analysis of your own case, the Guidelines allow you to determine the potential value of your injury. However, the figures are only based on compensation amounts settled at court.
When preparing to make a workplace accident claim, it’s important that you understand the different heads of compensation you can pursue.
General Damages
With this compensation, you are awarded for the pain, suffering and loss of amenity that you experience due to your injury. Loss of amenity is categorised as a reduction of life enjoyment, such as the inability to participate in hobbies. This means the more debilitating or traumatising an injury is, the higher the compensation could be.
The compensation table below illustrates what could be claimed under general damages. The figures are taken from the 16th edition of the Judicial College Guidelines, published in April 2022.
| Injury | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Leg Injuries (a) | (i) | £240,790 to £282,010 | Loss of both legs above the knee. |
| Hand Injuries (d) | £61,910 to £90,750 | Amputation of index and middle or ring fingers. The hands grip will be exceedingly weak and will be rendered of very little use. | |
| Wrist Injuries (b) | £24,500 to £39,170 | An injury that results in significant permanent disability. However, the wrist retains some useful movement. | |
| Leg Injuries (b) | (iv) Moderate | £27,760 to £39,200 | Complicated or multiple fractures or severe crushing injuries. This is usually confined to a single limb and the amount awarded will consider the recovery time, imperfect union of fractures or susceptibility to future breaks. |
| Knee Injuries (d) | Modest | Up to £13,740 | Less serious or undisplaced fractures. Reward will depend on recovery time or if a complete recovery is impossible. There will be residual aching and scarring. |
| Foot Injuries (d) | Severe | £41,970 to £70,030 | Both heels or feet with substantially reduced mobility or permanent pain. |
| Toe Injuries (e) | Moderate | Up to £9,600 | Relatively straightforward injuries or exacerbation of earlier injuries/conditions. |
| Digestive System (a) | (iii) | £6,610 to £12,590 | Penetrating stab wound or industrial laceration/serious seat belt pressure cases. |
| Kidney (c) | £30,770 to £44,880 | Loss of one kidney with no damage to the other. | |
| Back Injuries (a) | (ii) Severe | £74,160 to £88,430 | Nerve root damage with an associated loss of sensation, impaired mobility and unsightly scarring. |
Special Damages
Unlike general damages, these compensate for financial losses attributed to the accident. These could potentially include:
- Loss of income.
- Loss of earning capacity.
- Travel related to medical treatment.
- Medical costs are not covered by the NHS.
However, you’d need to prove these financial losses with documents such as invoices and receipts.
How Do Workplace Accidents Happen?
The Health and Safety at Work etc. Act 1974 is a legislative pillar with regard to workplace accidents. This is because the act places the responsibility for employee safety with the employer, who must take every reasonable precaution to ensure it.
Proving that a breach of this duty of care resulted in your injury is the main aspect of a workplace accident claim. This can be done simply but has serious consequences. For example:
- Personal Protective Equipment (PPE). It is the responsibility of an employer to provide and maintain effective Personal Protective Equipment for their employees where necessary. Failure to do so will mean the degradation of said equipment which, in turn, could cause the user injury. In the eventuality that PPE fails due to employer neglect and a worker is injured, the Health and Safety At Work Act makes the employer liable for the injury.
- Signage. Improper signage is a hazard to workers simply due to the fact that they are not warned of danger and, therefore, are potentially subject to it. In dramatic cases, this could be hazardous chemicals or heavy/sharp objects. Furthermore, in the event of an accident, improper signage could confuse worker responses. For example, in the event of a fire, assembly points, extinguisher locations, and exits may not be apparent.
- Machine Maintenance. Employers must ensure that any equipment employees may use is maintained properly. This is to ensure the chance of machine injury is reduced.
- Training. Employees must be given the appropriate training for any task they are expected to undertake. This is particularly the case in construction and laborious jobs that require the use of power tools, heavy equipment and heavy objects. Were a worker not given the training they needed and, as a result, seriously injured themselves, their employer could be liable.
Evidence For Workplace Accident Claims.
Now that you are caught up with some of the intricacies of workplace accident claims, consider your own. This section will outline what you can do in the event of an accident at work to best help a future claim.
- Seek medical attention. Immediately following your accident, seek medical attention. Firstly, your health is important, and even knocks and bumps can impact you. However, receiving a medical evaluation so quickly serves to create a timescale for your claim. Waiting a number of days after your injury could cast doubt on your case.
- Photos. If possible, document your injuries through photographs. This helps add perspective to your claim and may reveal details that you might otherwise miss.
- CCTV. If you believe a CCTV camera has captured your accident, you could request the footage.
- Witness statements. If there is anyone in the immediate vicinity to witness your accident at work, take their name and contact details. They could be contacted for a witness statement at a later date.
- Seek legal advice. Before you make your final decision, seek legal advice to talk about your potential claim.
Our team of advisors are available 24/7 and can provide you with a free consultation.
What Does No Win No Fee Involve?
After receiving consultation for your workplace accident claim, you may elect to hire a solicitor to represent your claim. If this is the case and your claim is strong enough, the solicitor may offer to engage in a No Win No Fee agreement.
Under a No Win No Fee agreement:
- You don’t have to pay an upfront solicitor’s fee .
- You don’t have to pay an ongoing solicitor’s fee.
- If the claim wins, you pay the solicitor a success fee, but it’s capped by law.
Now that you know how to calculate a workplace accident claim, get the ball rolling by contacting our advisors. Available 24/7, they can help you with a free consultation.
- Use our contact page
- Use our live chat in the corner of your screen
- Call us on the number at the top of the page
Further Information About Workplace Accident Claims
You might be interested in some further reading:
Industrial Injuries Disablement Benefits
If you’d like to find out more about making a workplace accident claim, why not get in touch?
Writer Ryan Wilson
Publisher Ruth Vardy
