If you have sustained an injury in an accident at work that was your employer’s fault, you could be thinking, “can I claim for injury at work?”. If so, this guide could help by exploring when you might be eligible to make a workplace injury claim.
Your employer has a duty of care to take reasonable steps to remove or reduce the risks of known hazards in the workspace. If the duty of is breached and you are caused harm, you could claim workplace injury compensation.
We will explore the responsibilities your employer owes as part of their duty of care in more detail throughout our guide.
You might also be wondering:
- “I had an accident at work what are my rights?”
- “What is the injury at work claim time limit?”
- “How much compensation for an injury at work could I receive?”
We have aimed to answer these questions in our guide. Additionally, we will explore the steps you could take after an accident and the evidence you can gather to support your potential claim.
For more information, you can:
- Call the number at the top of this page
- Use the live chat feature at the bottom of the page
- Contact us online by filling out the form with your details.
Workplace injury claim guide
What is a Workplace Injury Claim?
An injury at work is defined as any injury or illness that has been suffered, worsened or made considerably worse in the workplace or while performing work-related duties.
For example, if you slip, trip and fall on a wet floor that hasn’t been cleared or signposted, despite there being a reasonable time to do so, you may be able to sue your employer for negligence. Negligence is the breach of duty causing harm.
Furthermore, you could also claim for mental harm suffered. For instance, if you have sustained stress, anxiety or depression due to bullying in the workplace that your employer was aware of and failed to address.
Although not all injuries at work entitle you to make a personal injury claim. Your employer may have taken all reasonable steps to remove or reduce the risk but you are still injured. If they can prove this to be the case, you may not be able to make a claim.
Get in touch with a member of our team for more information as to what constitutes a valid accident at work claim.
Why is Duty of Care Important When Making a Workplace Injury Claim?
As outlined in the Health and Safety at Work etc. Act 1974, your employer has a duty of care to ensure reasonable steps are taken so the workplace, environment, equipment and facilities are safe enough to be used for there intended purpose.
This is a central piece of legislation that employers must follow. As previously mentioned, a failure to comply with these rules is a breach of duty. If the breach of duty causes you harm, you could make a workplace injury claim.
Our advisors are available to offer free legal advice. If you have a valid claim, they could connect you with an accident at work solicitor.
Examples Of Accidents At Work
Here are some examples of workplace injuries that you could sustain and how they may occur:
- You have tripped over a cable that has not been adequately covered. As a result, you suffer a wrist injury in an office accident.
- Your employer may have failed to cover a trailing lead in the factory. Consequently, you tripped and fell and sustained a back injury.
- Your employer might not equip you with any personal protective equipment when working with potentially dangerous chemicals. As a result, you develop occupational dermatitis.
What are the Most Common Injuries at Work?
According to statistics collated by the Health and Safety Executive , there were:
- 4,263 injuries to the head, including the eyes, ears and other parts of the face
- 10,860 injuries to the torso, including the neck, back and trunk
- 18,988 injuries to the upper limbs, including the hand, wrist, fingers and thumb
- 14,938 injuries to the lower limb, including the toes, foot and ankle
These statistics are as per employer reports made under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
Top Tips When Claiming for an Accident at Work
When considering suing your employer for negligence, it is important to gather as much evidence as possible. This will help to support your workplace injury claim. Evidence can include:
- The contact details of any witnesses
- Photographic evidence of the accident and your injuries
- A copy of your accident report in the workplace accident book
- Medical evidence such as a report from your doctor or an independent medical assessment
Additionally, you may find it beneficial to seek legal advice. If so, call our team of advisors as they can help provide further information on the evidence you can gather.
What is the Injury at Work Claim Time Limit?
Typically, you have 3 years to start a personal injury claim. This can be from the date the accident occurred or the date you found out your injuries were caused by negligence.
However, there are some exceptions to the three-year time limitation set out by the Limitation Act 1980.
For example, a litigation friend could be appointed by the courts to start the claim on behalf of someone under the age of 18 or someone who lacks the mental capacity to claim. In these instances, the three year time limit is suspended. To learn more, please get in touch on the number above.
What Could I Receive From an Accident at Work Claim?
If your workplace injury claim is successful, two heads of claim could be included in your settlement. These are called general damages and special damages.
General damages account for the pain and suffering you have experienced due to your injuries. Consideration is also given to the impact the injuries have had on your quality of life.
We have included a table using figures from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to help them value general damages.
The amounts in the JCG are based on previous court settlements but they should only be used as a guideline. This is because each case is unique, and the compensation for a workplace accident you may receive could differ.
| Injury | Severity | Guideline Compensation Bracket | Details |
|---|---|---|---|
| Back | (a) Severe (i) | £91,090 to £160,980 | The most serious cases that involve spinal cord and nerve root damage resulting in severe consequences not ordinarily found in typical back injury cases. |
| Back | (b) Moderate (ii) | £12,510 to £27,760 | Common back injuries such as soft tissue injuries or disturbance of the ligaments. |
| Neck | (a) Severe (ii) | £65,740 to £130,930 | Injuries that lead to disabilities, such as, serious fractures and damage to the discs in the cervical spine. |
| Neck | (b) Moderate (iii) | £7,890 to £13,740 | An injury that has worsened a pre-existing condition over a shorter period of time is included in this bracket. |
| Leg | (b) Severe (ii) | £54,830 to £87,890 | Very serious injuries causing permanent mobility issues and requiring crutches or other forms of mobility aid for life. |
| Leg | (c) Less serious (ii) | £9,110 to £14,080 | A typical femur fracture with no damage to articular surfaces. |
| Shoulder | (a) Severe | £19,200 to £48,030 | Brachial plexus damage alongside a neck injury. |
| Arm | (c) Less Severe | £19,200 to £39,170 | A significant recovery has taken place or will be expected to take place. |
| Knee | (a) Severe (iii) | £26,190 to £43,460 | Continuous symptoms such as pain, discomfort or impact on movement due to less severe injuries. |
| Foot | (e) Serious | £24,990 to £39,200 | Results in continuous pain from traumatic arthritis as well as the risk of future arthritis. |
Workplace Injury Claim – What Else Could I Receive?
Additionally, special damages may also be included in your workplace injury claim payout. This head of the claim accounts for any financial losses sustained due to your injuries.
For instance, you might suffer an arm injury that stops you from driving to work. Any travel costs incurred will be covered by special damages.
It is important to keep a record of all monetary losses to be reimbursed for them. This can include receipts, invoices or bank statements.
Why Use A No Win No Fee Solicitor?
There are various ways in which you can be covered on a No Win No Fee basis. For example, a solicitor could operate under a Conditional Fee Agreement (CFA).
This means that if your case is lost, you do not have to pay for the services your solicitor provides.
However, if your case is won, you will owe your solicitor a success fee. This is legally capped and will be taken from your compensation.
See If You Can Claim by Contacting Us For Free
For more information on making a workplace injury claim, get in touch with our advisors. You can:
- Call the number at the top of this page
- Use the live chat feature at the bottom of the page
- Use the contact us form
More Information about Making a Workplace Injury Claim
Here we have provided you with some additional reading related to work injury claims:
- GOV – Statutory Sick Pay
- NHS – First Aid
- GOV – Taking Sick Leave
Thank you for reading our guide on making a workplace injury claim. If you have any questions, please get in touch on the number above.
Writer Beck Pickering
Editor Meg Martin
