This guide will provide you with guidance on claiming after a minor accident at work. In order for you to be eligible to make a personal injury claim, the accident must have been caused by negligence. You also must have suffered physical or psychological injuries as a result.
This guide will explore what counts as employer negligence as well as how to make a workplace accident claim if you suffered injuries due to a breach in duty of care. We will also examine the time limit in which you must start your personal injury claim.
Additionally, we will examine the workplace injury compensation you could be owed, along with the evidence you can gather to enhance your chances of being awarded a payout. You may be wondering how these kinds of claims are calculated; we will address this later on.
Furthermore, we will look at No Win No Fee accident at work solicitors and how their services can benefit you. If you would prefer to speak directly to one of our advisors, you can. If you have a valid claim, they may put you in touch with a solicitor.
To get in touch:
- Call the number above
- Fill out our online contact form
- Use the live chat feature in the bottom right of your screen
Minor accident at work claims guide
Can I Claim For A Minor Accident At Work? – A Guide
As previously stated, to be entitled to claim, your injuries must have been caused by employer negligence. Therefore, not every accident at work could form the basis of a workplace accident claim. In some cases, your employer may have carried out all reasonable steps to remove or reduce the risk; if this is the case, they have fulfilled their duty of care and no negligence has taken place.
Accidents at work can cause severe injuries that can impact your quality of life in a negative way, for example, a forklift accident that results in a limb being crushed and requiring amputation or a construction accident that results in a fall from scaffolding that causes a spinal injury. In some cases, workplace accidents can cause fatal injury. However, accidents at work and the injuries that they cause can also be minor; this guide will examine these kinds of workplace injuries.
Please contact one of our advisors for more advice on the work injury claims process. If you have an eligible claim, they can connect you with one of our No Win No Fee accident at work solicitors.
Why Is Duty Of Care Important When Making A Workplace Accident Claim?
You may be wondering what the duty of care that your employer owes entails. The Health and Safety at Work etc. Act 1974 states that all employers must take reasonable steps to ensure that the workplace, environment, equipment and facilities are safe for employees to carry out their roles in.
This is a legal requirement, and breaching this duty of care could see your employer liable for any injuries sustained. You may be entitled to make a minor accident at work claim.
Examples of accidents at work that may see you sue your employer for negligence include:
- Despite having a reasonable time to do so, your employer has failed to clear or signpost a spillage in a warehouse. Consequently, you slip on a wet floor and suffer an arm injury.
- Your employer may not have conducted the necessary manual heavy lifting training. Subsequently, you endure a back injury when carrying heavy material in a factory.
- Trailing leads are left in the office, and you trip and fall over one of these. As a result, you sustain a minor head injury.
Please contact a member of our team to find out if you could be entitled to claim for the injuries you sustained in your accident at work.
What Evidence Could Be Used In Work Injury Claims?
An effective way of maximising the success of your minor injury at work claim is to gather as much evidence as possible. This can be done in various ways,
You should seek medical attention as soon as you can after you’re injured in an accident, even if your injuries are minor. Not only does this allow you to be treated for any injuries you suffer, but the medical records generated can also be used to support your case.
You can also:
- Fill out the accident at work book
- Gather witnesses details for a witness statement to be taken at a later date
- Acquire any CCTV footage of the incident and/or the scene
- Take pictures of your injuries and/or the scene of the accident
Please contact one of our advisors for more information on the different forms of evidence you can gather to support your claim.
What Is The Time Limit For An Accident At Work Claim?
As set out in the Limitation Act 1980, you generally have a 3-year time limit to start your minor accident at work claim. This can either be from the date of the accident or from when you realised your injuries resulted from a breach of duty.
There are exceptions to this time limit. For example:
- Those under 18 at the time of the incident. The time limit is suspended while they are minors, as you must be 18 to pursue a claim in England and Wales. A litigation friend can pursue a claim on behalf of a minor at any point while the time limit is suspended. If the claimant turns 18 and no claim has been made, then they have 3 years from their 18th birthday to claim.
- Those who lack the mental capacity to claim. The time limit is suspended if the injured person does not have the mental capacity to pursue their own compensation. A litigation friend can claim on their behalf. If the person becomes mentally able to claim, then the time limit starts.
For more information on the time limits that apply to claiming, please speak with a member of our team.
What Could I Receive For A Minor Accident At Work?
If your minor accident at work claim is successful, the settlement you will receive may include two heads of claim. Firstly, you will receive general damages. This head of claim seeks to reimburse you for any pain and suffering, both physical and psychological, caused by your injuries.
We have included a table below using figures from the Judicial College Guidelines (JCG), a document that legal professionals use to assist them when valuing claims. However, these potential compensation amounts should only be used as guidance. This is because each personal injury claim is different, and the compensation you might be awarded could vary.
| Body Part | Compensation Bracket | Details |
|---|---|---|
| Leg- Less serious (ii) | £9,110 to £14,080 | Simple femur fracture with no articular surfaces damage. |
| Knee- Moderate (ii) | Up to £13,740 | Less serious injuries including short periods of injury exacerbation, lacerations, bruises and twisting injuries. |
| Elbow- Moderate or Minor (i) | Up to £12,590 | Injuries such as a simple fracture or tennis elbow that do not lead to permanent damage and recover within a 1 year period. |
| Head- Minor | £2,210 to £12,770 | Brain damage if any will have been minimal. |
| Hand | £9,110 to £12,240 | Fracture of the index finger that heals quickly but grip remains impaired. |
| Back- Minor (i) | £7,890 to £12,510 | When a full/ nuisance level recovery is made within 2-5 years. |
| Toe | Up to £9,600 | Fairly simple injuries, for example a fracture or laceration injury. |
| Hair | £3,950 to £7,340 | Less severe cases where the hair has been pulled out leaving bald spots. |
| Wrist | £3,530 to £4,740 | Injuries that require necessitating application of plaster or bandage for weeks only and make a full or near full recovery within up to 12 months. |
| Chest | Up to £3,950 | Injuries that cause severe pain only over a period of weeks. |
Special Damages In A Workplace Accident Claim
Special damages could also be included in your minor accident at work compensation. This seeks to reimburse you for the financial losses that may be incurred as a result of your injuries.
For example, a leg injury may stop you from driving to work and mean that you have to pay for taxis. Special damages may cover these expenses as well as:
- Care costs
- Loss of earnings
- Medical expenses
- Home adaptations
For a more in-depth analysis of how much compensation you could be awarded, please speak with one of our advisors. If they feel you have a good chance of making a successful claim, you could be connected with a lawyer from our panel.
Can I Use A Conditional Fee Agreement For Accident At Work Claim?
One of the No Win No Fee solicitors from our panel can use their legal expertise to cover all bases of your claim. If they do take on your claim, they might work under a Conditional Fee Agreement (CFA).
This generally means that if your case is lost, you will not have to pay for the legal services your solicitor provides. Furthermore, there will usually be no legal costs to be paid upfront or whilst your case is ongoing.
You will pay a success should your claim be a success. This is capped by law and will be taken from the workplace injury compensation you are awarded.
To find out whether you are entitled to be represented on a No Win No Fee basis, do not hesitate to speak with a member of our team.
Contact Us For Free To See If You Can Make A Minor Injury Claim
Our advisors are available 24/7 to offer you a free consultation. If you are entitled to claim, they may connect you with a No Win No Fee solicitor from our panel. For free legal advice:
- Call the number above
- Fill out our online contact form with your potential claim
- Speak with an advisor using the chat feature in the bottom right of your screen
Learn More About Claiming For A Minor Accident At Work
Here we have provided you with some additional reading that you might find helpful regarding an accident at work:
- GOV – Statutory Sick Pay
- NHS – First Aid
- GOV – Taking Sick Leave
Thank you for reading our guide on what to do if you have been involved in a minor accident at work due to employer negligence.
Writer Beck Pickering
Publisher Fern Summers
