Are you thinking, ‘I had an accident at work; what should I do?’ If so, then you may find this guide beneficial to you. Throughout this guide, we will discuss whether you are eligible to make an accident at work claim. Furthermore, we will share potential compensation for a workplace accident and look at how claims are valued.
When you’re at work, your employer has a duty of care towards you. This means that they are legally responsible for keeping you safe. We will look at the legislation that enforces this, as well as how your employer should act.
If you would like to talk to someone regarding your specific claim, you can speak to our friendly team of advisors. We are here to help you 7 days a week, 24 hours per day.
- Call us via the number provided at the top of this page.
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I had an accident at work ,what should I do? A guide
I Had an Accident at Work, What Should I Do? – A Guide
If you suffered an injury due to an accident at work, in order to make a claim, you must prove that your employer breached their duty of care and that this is what caused the accident. We will discuss the duty of care your employer owes you in the next section.
You can claim compensation for both physical and mental injuries. In addition to this, your claim could also cover any costs you’ve incurred as a result of your injuries. We will look at the two potential heads of your claim further on in this guide.
For free legal advice about claiming compensation for a workplace injury, speak with a member of our team today. If you have a valid case, you could be provided with a No Win No Fee solicitor from our panel.
Who Is Liable For An Injury in the Workplace?
As we stated previously, your employer owes you a duty of care. This duty of care is outlined within the Health and Safety at Work etc. Act 1974. This states that all employers owe their employees a duty of care by taking practicable steps to safeguard the well-being of their employees. This includes ensuring that all work facilities, equipment and environment are hazard-free as much as is reasonable.
To make a successful claim, you need to prove that your employer acted negligently and that, as a result, you were injured in a preventable accident. For example, your employer has not performed regular maintenance checks on the machinery at your construction job. This causes a forklift to malfunction as someone is operating it and hits you, causing you to suffer a shoulder injury.
In another example, you may have been injured in a slip, trip or fall on a wet floor in an office. This could cause you to dislocate your shoulder or sustain a serious head injury after you tripped and fell. Other hazards that an employer might be expected to look out for could include trailing leads.
If your employer has been doing all that they reasonably can to keep you safe at work and an accident still occurs, you will not be able to make a legitimate claim. You can only claim for injuries sustained as a result of negligence.
If you are still wondering, ‘I had an accident at work; what should I do?’ you can speak with one of our advisors. They may be able to give you free legal advice about claiming.
What are the Most Common Accidents at Work?
The Health and Safety Executive (HSE) collect reports made under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) to provide statistics on workplace accidents.
In 202/21, there were 51,211 non-fatal work injuries reported under RIDDOR. The most common accident types were:
- Slips, trips or falls on the same level at 33%.
- Handling, lifting or carrying at 18%.
- Struck by a moving object at 10%
- Acts of violence & falls from a height were both 8%.
I’ve Had an Accident at Work, Is There a Time Limit to Claim?
As oer the Limitation Act 1980, there are time limits to starting a personal injury claim. This is generally 3 years from the date the injury occurred, or the date that you connected your injuries to negligence.
However, some exceptions apply to this time limit. They include:
- If you are under 18, you will have 3 years to start your claim once you turn 18. Alternatively, if you wish to claim before this time, you could have the court appoint you a litigation friend. This will be someone who will claim on your behalf. No time limit applies while you’re underage
- If someone you know lacks the mental capacity to make a claim, they will have 3 years to start their claim once they regain their mental capacity. Or, again, a litigation friend could claim for them. While they aren’t able to claim themselves, no time limit applies.
For information on whether you’re within the timeframe to start a valid claim, speak with an advisor today.
I Had an Accident at Work, What Should I Do? – How to Collect Evidence
When making an accident at work claim, there are certain steps you could take to help you strengthen your claim. The steps you can take to prove that your injuries were caused directly by your employer’s negligence are:
- Gathering evidence of what happened. – This can include CCTV footage of the accident and any eyewitness’ contact details.
- Complete the accident report book. – If your workplace has one of these on-site, completing it could benefit your claim. It will provide important details, such as when the accident occurred and the result.
- Receive medical care. – If you’ve suffered an injury in the workplace, it could be for the best to get it treated. Additionally, you can ask for a copy of your medical file as this will provide evidence of any treatments you received due to your injuries.
- Get some legal advice. – If you are wondering, ‘I had an accident at work; what should I do?’ It may be beneficial for you to receive some legal advice.
An advisor can help determine what evidence you could use to strengthen your claim. Furthermore, they could connect you with a lawyer from our panel if your case is valid.
How Much Could I Receive From an Accident at Work?
If you make a successful accident at work claim, you will receive general damages. The pain and suffering caused by any physical or mental harm that has impacted your quality of life as a direct result of your injuries could be compensated through general damages. Providing medical evidence of this suffering will help you towards a successful claim.
Furthermore, personal injury solicitors will use a publication called the Judicial College Guidelines (JCG) to help them value a claim. This is because the JCG provides guideline compensation brackets for different types of injuries at different severity levels. Using the figures listed in the 16th edition of the JCG, we have provided a table with guideline compensation brackets for various injuries.
| Injury | Notes | Amount |
|---|---|---|
| Leg Injuries | (a) - Amputations ( iv) - The leg is amputated below the knee. Various factors, such as whether the amputation was traumatic or not, could affect the amount awarded. | £97,980 - £132,990 |
| Foot Injuries | (f) Very Severe - The injury will cause permanent and extreme pain. The forefoot may have been amputated. | £83,960 - £109,650 |
| Shoulder Injuries | Severe - The brachial plexus has been damaged, which can cause symptoms in the arm and/or neck. | £19,200 - £48,030 |
| Hand Injuries | (f) - Several fingers have suffered severe fractures that may lead to deformity. | Up to £36,740 |
| Back Injuries | Moderate (ii) - The muscles or ligaments have been disturbed due to frequent injuries to the back. How much pain is experienced could affect how much is awarded. | £12,510 - £27,760 |
| Injuries to Pelvis and Hips | Moderate (ii) - May require a hip replacement. Whether the surgery was a success will affect how much is awarded. | £12,590 - £26,590 |
| Toe Injuries | Moderate - Relatively straightforward fractures, or where a degenerative condition that the injured person already suffered from has been exacerbated. | Up to £9,600 |
| Neck Injuries | Moderate (iii) - An injury that has accelerated an existing neck condition by around 5 years. | £7,890 - £13,740 |
| Knee Injuries | Moderate (ii) - Twisting, lacerations or bruising injuries. These will cause discomfort, aching, and occasional pain. | Up to £13,740 |
| Injuries to the Elbow | Moderate/Minor (iii) - Could be a simple fracture in the elbow. Injuries that recover in longer than 3 years following surgery will most likely be awarded the higher end of this bracket. | Up to £12,590 |
What Else Could I Claim After An Injury in the Workplace?
Additionally, any financial losses you have experienced or will experience in the future due to your injuries may be compensated through special damages. For example, you paid for a private carer due to your injuries, then you could claim the cost of this back. Providing financial evidence of these losses, such as bank statements, will help support your case.
No Win No Fee Solicitors – Why Are They Important?
If you are considering pursuing legal action following an accident at work and would like to do so with legal representation, our panel of solicitors may be able to help you with a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee agreement and having one in place means that:
- There are no solicitor fees to pay upfront or during the process of your claim.
- You do not need to pay your solicitor for their services if you do not win your case.
- If your case wins, you will only pay your lawyer a small percentage from your compensation, known as a success fee.
Contact Us For Free To See If You Can Claim
If you are still thinking, ‘I had an accident at work; what should I do?’ You can speak to one of our advisors today for free legal advice regarding making an accident at work claim.
- Call us via the number provided at the top of this page.
- Contact us via our online form.
- Respond to our Live Chat advisor.
Learn More About Making an Accident at Work Claim
For more articles about accidents at work:
- How much could I get for a factory accident claim?
- What is the average compensation for a fall at work.
- Who can bring a fatal accident claim forward?
If you’re looking for further information:
- UK GOV. – Statutory Sick Pay.
- NHS – First Aid.
- NHS – Broken arm or wrist.
Speak to an advisor today if you are asking yourself, ‘I had an accident at work; what should I do?’