You may be wondering ‘Can I sue my employer for injuries sustained in a workplace accident?’. If so, this guide could help. It will discuss the eligibility requirements that need to be met in order to have valid grounds to seek personal injury compensation, as well as the time limits that set out how long you have to begin your claim.
Can I Sue My Employer If They Caused My Injuries In A Work Accident?
Additionally, we discuss the central piece of workplace health and safety legislation that sets out an employer’s duty of care to prevent harm to employees. There will also be examples of how this duty could be breached, leading to an accident at work that leaves an employee with an injury.
Furthermore, we explore accident at work compensation payouts, including what they consist of and how they aim to address the different ways your injuries have impacted you.
Finally, this guide will provide an insight into the benefits of working with a No Win No Fee solicitor from our panel and the ways in which they could help you seek compensation.
If you have any questions after reading our guide, or as you move through it, please don’t hesitate to contact an advisor. They can assist by answering your questions and offering free advice regarding your potential accident at work claim. To get in touch, you can:
- Message an advisor through the live chat
- Call us using the number above
- Complete the contact form for a callback
Can I Sue My Employer If They Caused My Injuries In A Work Accident?
In the workplace and while you’re performing your work-related duties, your employer must take all reasonable and practicable steps to ensure your safety. This is their duty of care, which is outlined in the Health and Safety at Work etc. Act 1974. If they fail to uphold their duty, it could lead to an accident at work.
However, in order to begin a personal injury claim for a workplace accident, you need to prove the following:
- At the time and location of the accident, your employer owed you a duty of care.
- They breached this duty of care.
- As a result, you experienced a physical injury, psychological harm, or both.
The three points above lay the foundation of negligence in claims for a personal injury. If you have evidence that negligence has occurred, you may have grounds to seek compensation for your injuries.
Is There A Time Limit When Claiming For An Accident At Work?
When making an accident at work claim, you must start the process within three years from the date of injury. This general personal injury claims time limit is laid out in the Limitation Act 1980. There may be exceptions, however, that apply to some circumstances.
Please contact an advisor to learn more about the time limits and exceptions. They can also provide further guidance on the question ‘Can I sue my employer?’ and the next steps you could potentially take.
How Could Negligence From My Employer Cause A Workplace Accident?
Injuries in the workplace can occur in different types of accidents at work. There are many ways a workplace accident could happen. For example:
- Your employer doesn’t provide you with the necessary training before instructing you to use a forklift truck. As a result, you are unable to control the work vehicle and sustain a knee injury and back injury in a forklift accident.
- There may be obstructions causing a trip hazard in a stairwell resulting in you falling down the stairs and sustaining a broken arm and shoulder dislocation in a trip and fall accident.
- Your employer fails to provide you with the necessary personal protective equipment, such as a hard hat, when working on a construction site. As a result, you are hit on the head by a falling object and sustain a head injury.
Contact our advisors today to discuss your specific case and find out your eligibility to claim.
What Compensation Could You Receive From An Accident At Work Claim?
Personal injury settlements awarded following a successful claim could comprise general damages and special damages. These two heads of loss compensate for the different effects your injuries have had on your life.
Firstly, you will receive compensation for any pain and suffering caused by your injuries, both physical and psychological, under general damages. In order to accurately calculate the value of your injuries, legal professionals can use the Judicial College Guidelines (JCG) to help them. This is a document containing a list of injuries with corresponding guideline award brackets.
You can find some of the JCG figures in the following table. However, please only use them as a guide because settlements can vary on a case-by-case basis.
| Injury | Compensation | Description |
|---|---|---|
| Very Severe Head Injury | £282,010 to £403,990 | The person will show little, if any, evidence of a meaningful response to their environment. There will also be little or no language function and they will need full-time care. |
| Less Severe Arm Injury | £19,200 to £39,170 | There will have been disabilities of a significant nature, but a recovery of a substantial degree will have happened, or will be expected to happen. |
| Severe Back Injury (i) | £91,090 to £160,980 | The most severe back injuries involve damage to the spinal cord, causing a combination of serious consequences with severe pain and disability. |
| Less Severe Wrist Injury | £12,590 to £24,500 | Injuries still result in some permanent disability, such as a degree of ongoing pain and stiffness. |
| Moderate Knee Injury (i) | £14,840 to £26,190 | Knee injuries involving dislocation and torn cartilage, causing minor instability, weakness and other future mild disabilities. |
Special Damages In A Work Injury Claim
Secondly, special damages compensate for the monetary losses caused by your injuries. This is the other head of loss that could form your overall settlement. Some of the costs you could claim back under this head include:
- Lost income
- Medical expenses
- Travel costs
- Care costs
Evidence is needed to prove these costs when claiming them back. As such, it can be beneficial to keep, for example, travel tickets, receipts, and wage slips.
For further information on how much compensation for a workplace accident you could receive after successfully claiming, please contact our team of advisors.
Use No Win No Fee Accident At Work Solicitors To Claim Compensation
If you are interested in seeking legal representation, you can contact our advisors. They can answer the question ‘Can I sue my employer?’ by assessing your case for free. If they find you have valid grounds to make a personal injury claim, they could connect you with a solicitor from our panel.
The accident at work solicitors from our panel can offer a wide range of services, such as assistance in gathering evidence and building your case, under the terms of a Conditional Fee Agreement (CFA). This type of No Win No Fee contract allows you to avoid paying any upfront or ongoing fees for the work your solicitor provides. Additionally, if your claim fails, there will be nothing to pay your solicitor for any work they have completed on your case.
If your case has an outcome that is successful, you will pay a success fee from your compensation to your solicitor. To prevent overcharging, the percentage they can take as their success fee is capped by law, ensuring that you keep the majority of the award.
Contact our team today to discuss your potential workplace accident claim, and to potentially be connected with a solicitor who could start working your case to help you seek compensation for your injuries. To get in touch:
- Request a callback through our contact form
- Message directly through the live chat
- Call us using the number at the top of the page
Learn More About Claiming For Employer Negligence
You can visit more of our guides using the links below.
- How to claim for a work injury while self-employed
- Construction accident claims
- Office accident claims
Additionally, we’ve supplied more helpful links below that may assist you with research for your claim.
- Health and Safety Executive – Employer Responsibilities
- NHS – First Aid
- GOV.UK – Statutory Sick Pay
Thank you for reading this guide exploring the question ‘Can I sue my employer for negligence?’. If you have any further questions, please get in touch with an advisor on the number above.
Writer Jess Ainsdale
Editor Meg Martin
