This guide will discuss whether you could be eligible to seek compensation if you can’t work due to injury that resulted from your employer breaching the duty of care they owed you.
We’ll explore the duty of care your employer owes you in further detail throughout this guide.
Additionally, we will explore the steps you could take to support your claim. For example, it is important to provide evidence of the accident and the injuries you sustained. We will discuss the evidence you could gather and how a solicitor could help you through the workplace injury claims process.
You may be apprehensive about hiring a solicitor due to the cost often associated with the services they provide. If so, you could find it beneficial to work with a solicitor offering their services under a No Win No Fee agreement. We will discuss the benefits of this further in our guide.
If you want more information about your eligibility to claim, please contact our advisors for free legal advice. They are available 24/7. To get in touch, you can:
- Call the number at the top of the page.
- Fill out our contact form online.
- Chat with one of our advisors through the live chat feature below.
Can I Claim If I Can’t Work Due To An Injury Caused By My Employer? – A Guide
If you can’t work due to an injury you sustained at work, you may be able to seek compensation. There are certain criteria you must meet in order to do so. These involve proving that negligence occurred. Negligence is when your employer has breached the duty of care they owed you at the time and place of the accident, resulting in you experiencing physical or psychological harm as a result.
The compensation you could potentially be awarded can reflect the impact your injury has had on your life, physically, psychologically or financially.
If you are unable to work because of your injury, you could receive sick pay. In some cases, you could receive full pay while you’re off work with an injury or illness. However, it can depend on what is included in your employment contract.
Alternatively, you may be eligible to receive Statutory Sick Pay (SSP). If you meet the criteria, you can receive £99.35 per week for up to 28 weeks.
Call our team for more information on when you could make a workplace accident claim.
What Financial Losses Can I Claim If I Can’t Work Due To An Injury Sustained At Work?
You can claim financial losses due to an accident at work that you have incurred due to injuries you sustained as a result of a breach of a duty of care by your employer. These can be reimbursed under special damages. This is one of the heads of claim that could be included in your settlement.
One of the financial losses you can experience when you can’t work due to an injury is loss of earnings. This relates to both past and future lost income. This can be claimed back under special damages.
Additionally, you could claim back any travel costs, medical expenses, the cost of care, and the cost of adapting your home to cope with any injuries you may have sustained.
You should collect evidence to prove any losses, such as payslips, receipts and invoices.
For more information on the compensation you could receive after making a successful accident at work claim, get in touch on the number above.
Can I Receive Compensation For My Injury In An Accident At Work Claim?
General damages is the head of claim that compensates for the physical and emotional suffering experienced due to your injuries. You cannot claim for special damages without also claiming for general damages.
We have included the table below using figures from the Judicial College Guidelines (JCG). Legal professionals use the JCG to help them value the general damages head of claim.
| Type of Harm | Description | Compensation Bracket |
|---|---|---|
| Injuries involving paralysis (a) | Cases of quadriplegia are included in this bracket. Various factors will influence how much is awarded. For example, level of awareness, life expectancy and level of pain. | £324,600 to £403,990 |
| Injuries involving paralysis (b) | Cases of paraplegia are included in this bracket. The presence and extent of pain, degree of independence, age and life expectancy will all influence the amount awarded. | £219,070 to £284,260 |
| Brain Injury – Very Severe (a) | Little to no meaningful response to the environment. There will also be the need for full time care. | £282,010 to £403,990 |
| Arm Amputations (a) | Loss of both arms which has reduced a person with full awareness to a state of considerable helplessness. | £240,790 to £300,000 |
| Arm Amputations (b) (i) | One arm is amputated at the shoulder. | Not less than £137,160 |
| Hand Injuries (a) | Complete or effective loss of both hands. | £140,660 to £201,490 |
| Hand Injuries (c) | Complete or effective loss of one hand. | £96,160 to £109,650 |
| Leg Injury – Severe (b) (iv) | Moderate injuries such as complicated or multiple fractures, generally affecting one limb. | £27,760 to £39,200 |
| Toe Injury – Severe (c) | Severe crush injuries, leading to amputation of one or two toes not including the great toe. | £13,740 to £21,070 |
| Back Injury – Severe (a) (ii) | Nerve root damage that causes symptoms such as hindered mobility as well as bladder and bowel problems, for instance. | £74,160 to £88,430 |
However, several other factors are considered when valuing claims. Therefore, the figures are not necessarily an exact representation of what you will receive. Other factors might include:
- Severity of your injuries.
- Type of injuries you sustained.
- Future prognosis.
- The treatment you required.
For more information on calculating compensation for a workplace accident, please get in touch on the number above. An advisor can give further guidance on what you could receive if you can’t work due to an injury sustained due to employer negligence.
When Could I Potentially Sue My Employer For Negligence?
An employer owes you a duty of care to ensure that they take reasonable steps to ensure the workplace, environment, equipment, and facilities are safe to use. The main health and safety legislation regarding an employer’s duty of care in the workplace is the Health and Safety at Work etc. Act 1974.
It is a legal requirement for an employer to uphold their duty of care. Therefore, if your employer breaches this duty and you injure yourself because of it, you may be able to claim compensation.
There are several ways an employer could breach their duty of care, including:
- Failing to carry out regular risk assessments and address any risks they find. For example, an employer may fail to ensure that walkways aren’t cluttered to avoid trip hazards. As a result, an employee may slip and trip and sustain a broken wrist.
- Failing to provide adequate and necessary personal protective equipment. For example, an employer may fail to provide a hard hat to an employee working on a construction site. As a result, the employee may sustain a severe head injury after objects fall on them in a construction accident.
- Not ensuring equipment is safe, well-maintained, or checked for any faults on a regular basis. A failure to do so could mean an employee experiences a crush injury due to faulty equipment.
- Failing to provide employees with adequate training. In these instances, it could lead to an employee performing a task they weren’t trained to do, such as operating a forklift truck. As a result, they could sustain multiple injuries, such as a broken knee and a dislocated shoulder.
You can seek compensation for injuries of different severities, provided they were sustained as a result of your employer breaching the duty of care they owed you. To learn whether you could claim for injuries from a minor accident at work, get in touch on the number above.
Evidence That Could Help You Make An Accident At Work Claim
If you can’t work due to an injury, there are different steps you could take. Firstly, it is important to get the required medical attention to determine the nature of your injury. You can also access a copy of your medical records to use as evidence of your injuries.
Secondly, you would need evidence to prove that your injury was caused by your employer’s negligence. Examples of the evidence you could gather includes:
- CCTV footage of the accident.
- Taking photographs of your injury and the accident site.
- Taking contact details of potential witnesses.
- A copy of the entry in the accident book log from your workplace.
You should also be aware of the time limit in place for personal injury claims. The standard accident at work claim time limit is three years. This can be from the date of the accident or the date that you became aware that your injuries were caused by your employer’s negligence.
There are exceptions that can apply in certain circumstances. For example, if the injured person is under the age of 18 or the person has a reduced mental capacity to put forward their own claim.
Please get in touch to learn more about the steps you can take following an accident at work. An advisor can also discuss whether the time limit exceptions can apply to your specific case.
Our Panel Of Accident At Work Solicitors Can Work Your Case On A No Win No Fee Basis
You may be interested in working with an accident at work solicitor who can represent your claim under a No Win No Fee arrangement. There are different types of these arrangements, such as a Conditional Fee Agreement (CFA) which the solicitors from our panel can offer.
This kind of agreement typically allows you to access your solicitor’s services without paying upfront fees or ongoing costs. There are also no fees to pay for your solicitor’s services if your claim doesn’t succeed.
However, if you successfully receive an accident at work settlement, you will pay a legally capped success fee from your compensation.
If you can’t work due to an injury you sustained as a result of your employer breaching their duty of care, contact our team today. They can discuss your eligibility to claim and advise whether a solicitor from our panel could represent your case on a No Win No Fee basis.
To learn more, you can:
- Call the number on the top of the page.
- Fill out our contact form online.
- Chat with one of our advisors through the live chat feature below.
Learn More About What You Can Claim If You Can’t Work Due To An Injury Sustained At Work
We have included some resources for you to explore below.
- GOV – Statutory Sick Pay Eligibility
- Health and Safety Executive – Employer’s Responsibilities
- NHS – First Aid
Thank you for reading this article about claiming compensation if you can’t work due to an injury caused by your employer’s negligence. If you need any other information, please get in touch using the details provided above.
Writer Saif Styles
Editor Meg Martin
