Accident At Work Claims Guide – How Much Compensation Can I Claim?

Last updated 5th July 2023. By Lewis Aaliyah. This is a guide on accident at work compensation claims. If you suffered an injury while at work, you may wish to know about injured at work pay. You may also like to know whether there is a manual handling weight limit for the UK, as well as what steps you could take to help support a compensation claim.

Accidents At Work

Accidents At Work Claims Guide

You may not be entitled to work-related injury sick pay in the UK. However, if you can prove that employer negligence caused your injuries, you may be eligible to claim compensation for any financial losses you have suffered as a result of your injury.

You may also wish to see accidents at work compensation examples. Additionally, we look at how a No Win No Fee solicitor can help you get compensation for your injuries.

Get In Touch With Our Team

If you have been injured in any form of accident at work for which someone else was responsible and require help or advice, you can get in contact with our team by dialling 020 3870 4868 or by using our online contact form.

Services And Information

Everything You Need To Know About Accident At Work Claims

If you have been injured in the workplace you may have several questions such as “what pay do I get after an accident at work”, “I had an accident at work what are my rights” and questions about how employment law relates to claims. In this guide, we shall provide the answers to questions on these and other topics related to workplace accident claims.

Accidents could happen in lots of different ways and at different times. In general, the term would describe a circumstance in which someone was injured during the course of their work. The accident may have been caused by something which your employer either did or which they failed to do.

Accidents can happen because your employer did not carry out regular and adequate risk assessments. They may also have failed to act on the findings of these risk assessments. Injuries may also have been caused because of a lack of personal protective equipment, or because you were allowed to use equipment or machinery which was known to be faulty.

Slip And Fall Accidents At Work

Slips, trips and falls are one of the most common forms of accidents at work. You can see the 2021 figures from the Health and Safety Executive (HSE) as to the other top causes below.

Accidents At Work Graph

Accidents At Work Graph

There are lots of different circumstances in which a slip or fall accident could happen. People could slip over on wet or otherwise slippery floors, they may trip up because of damaged or broken flooring surfaces or could end up falling down stairs due to poor lighting or broken handrails.

No matter the circumstances in which your accident took place and the injuries you sustained, if you had an accident at work, you can claim if someone else or your employer was responsible.

Can I Make An Injury At Work Claim For A Manual Handling Accident?

Manual handling accidents could potentially lead to injury at work claims. Under the Manual Handling Operations Regulations 1992, your employer is obligated to ensure you are as safe as possible when manual handling in the workplace.

The Health and Safety Executive’s summary statistics for 2021 reveal that in the 2020/21 period, 18% of non-fatal injuries to employees reported in UK workplaces were caused by handling, lifting or carrying objects. These were the second most common causes of employee injuries in the covered period.

If you have been injured because of lifting, carrying or manual handling, you may be able to make a workplace injury claim if negligence by your employer contributed to the incident.

For example, your employer may not have provided you with the correct or necessary equipment or training to prevent you from being injured.

You are welcome to get in touch with our advisors if you would like further information on how to make an injury at work claim or compensation for an accident at work involving manual handling.

Struck By A Moving Object At Work

Being struck by a moving object could cause injuries to any part of the body. Such accidents at work could be caused by an object falling on you or a moving object crashing into you. Looking at one industry – the food and drink industry, we can see from HSE statistics that around 10% of major injuries which have been reported to the HSE were caused in this way. In total this accounted for 700 such instances per year in total, 100 of which are major or serious injuries.

Breaking down this type of accident or injury, one third are caused by an object falling onto the person. This could be something falling from overhead storage onto a person. Twenty-five percent are caused by hand tools and others are caused by people being struck by moving pallets or vehicles.

Violence In The Workplace

Part of your employers’ duty of care to keep you safe in the workplace is to prevent and protect you from any form of violence in the workplace. Whilst this may not strictly be considered an ‘accident at work’ it is a way in which people can be harmed at work and a reason for claiming compensation from an employer through a personal injury solicitor.

A solicitor could help you to claim compensation for injuries caused by assaults in the workplace. The UK places very strict responsibilities on employers to keep you safe. This means preventing you suffering an injury at work caused by an assault at work or an attack.

According to the Health and Safety Executive, work-related violence is defined as incidents in which the claimant has been threatened, abused or physically assaulted whilst carrying out the course of their work. Abuse may take the form of verbal abuse which is homophobic, sexist or racial in nature.

Falls From A Height At Work

There are stringent regulations and guidelines for working at heights. Falls are a potential consequence of working at a height and so employers must take steps in order to ensure that employees can carry out duties – such as working with ladders or on scaffolding in a safe way.

Falling from a height could lead to people suffering from serious or even life-changing types of injury. For example, you could suffer a serious back injury at work which leads to you being left with a permanent form of disability, such as forms of paralysis in very serious instances.

In addition to the severity of the injury, those injured by falling from a height may take longer to recover from their injuries or require more extensive medical care. As such, they may take more time off work and have to claim compensation for additional time spent recovering.

Compensation For An Accident At Work

If you make a successful work injury compensation claim, your settlement may consist of general and special damages. Any physical and mental injuries you suffered in a workplace accident, such as a broken arm or anxiety, could be compensated with general damages.

Below, we have created a table with bracketed accident at work compensation examples. Many legal professionals will use a document called the Judicial College Guidelines (JCG) when valuing various claims. Therefore, we have used the amounts listed in the most recent edition of the JCG, published in April 2022, when creating this table.

It is important to note that compensation for an accident at work will vary depending on the specific factors to your claim. Therefore, you should only use this table as a guide.

Type Of InjuryComments Amount
Brain Damage - Moderately Severe The injury will result in a very serious disability with a related need for constant care. The disabilities may be physical and cognitive. £219,070 to £282,010
Brain Damage -Moderate (ii)There will be a modest to moderate intellectual deficit. The claimant may be unable to work and there will be a risk of epilepsy. £90,720 to £150,110
Facial Disfigurement - Very Severe ScarringSevere scarring affecting those whose age ranges from teenagers to the early thirties. Claimant is left with cosmetic disfigurement and a severe psychological reaction.£29,780 to £97,330
Leg Injury - Severe (iv) ModerateThis may involve serious crush injuries or multiple fractures to one leg.£27,760 to £39,200
Arm Injury - Less Severe The claimant may have sustained a disability, but a substantial level of recovery is either expected or has taken place.£19,200 to £39,170
Back Injury - Moderate (ii)This could include soft tissue injuries, disturbed muscles and ligaments and prolapsed discs.£12,510 to £27,760
Skeletal Injuries (b)Multiple facial fractures which lead to some degree of permanent facial deformity.£14,900 to £23,950
Neck Injury - Moderate (iii)The injury may have exacerbated an existing condition. Bracket could also include soft tissue injuries.£7,890 to £13,740
Knee Injury - Moderate (ii)Injuries will cause continuous discomfort and aching, and could include lacerations and bruises. Up to £13,740
Shoulder Injury - Moderate Such injuries may include a frozen shoulder causing a limited range of movement. Symptoms may persist for up to two years. Other soft tissue injuries may last for two years or longer with minimal symptoms.£7,890 to £12,770

Compensation For An Accident At The Workplace – Special Damages

Special damages are awarded to put you in the same financial position you were in before your accident at the workplace. This head of claim covers any monetary losses or out-of-pocket expenses incurred as a result of your injuries.

When you claim for an injury at work, special damages may be awarded for the following:

  • A loss of earnings resulting from time off work to recover from your injuries
  • Prescription fees for any medication needed to cope with your injuries
  • Travel expenses, such as those incurred from travelling to and from hospital appointments for your injuries

You will need to provide evidence that can demonstrate you have suffered financial harm. For example:

  • A pay slip can prove a loss of earnings
  • A receipt of your prescription can prove prescription costs
  • Train or bus tickets, or a receipt for petrol or gas, can prove travel expenses

Get in touch at any time for free no obligation advice about claiming compensation for a work accident. Our advisors are available around the clock to answer your questions.

What Are Your Rights After An Accident At Work?

What are my rights if injured at work? There are several rights that you have as someone who has been injured in the workplace. Firstly, under the Health and Safety at Work etc. Act 1974, you have the right to be kept safe and free from harm in the workplace.

If injured at work you may have the right to take paid time off in sick leave or to statutory sick pay (SSP).

You also have the right not to be discriminated against by your employer and the right not to be unfairly treated.

Will I Lose My Job If I Make A Claim?

If you have had an accident at work and intend to make an accident at work claim you could worry about any potential effects on your employment status. Sometimes people worry that they could be dismissed either for the accident happening, for reporting it, or for making a claim.

Whilst there are different laws in the UK relating to employment, your employer can not fire you either for being injured which was not your fault, nor for making a workplace injury claim. If you have been with your employer for more than 24 months, you can not be dismissed under these conditions. In the event that you are, you may be able to bring an unfair dismissal case.

How Do I Report My Accident Work?

Who has the overall responsibility for recording injuries at work may depend on your employment status. At the same time, who you report your accident to may also depend on factors such as where you were working at the time of your accident.

If your accident happened where you usually work then you should report your accident to your line manager (unless there is another person designated to report the accident to). Those who are self-employed should report their accident on their own premises to the HSE – Health and Safety Executive. Accidents affecting the self-employed which happened on a client’s premises should be reported to the client.

If the company who you reported your accident at work to employs more than ten people your accident should also be recorded in an accident report book (this may be a computerised log). If the company is smaller or does not have an accident report book, you should still write down what has happened to you and give a copy of this to the person you report the accident to.

What Should I Do If Injured At Work?

If you have been injured in the workplace there are simple steps that you should make sure that you take, both whether you intend to make a compensation claim or simply seek statutory benefits such as sick pay.

The first things which you should do are to report that the accident has happened (as outlined above) and to make sure that you seek appropriate medical treatment.

In addition to this, we also recommend that you collect as much evidence as you can in order to support a possible workplace injury claim. We would recommend taking photos of the injury you suffered and the cause or scene of your accident. For example, if you tripped over, take a picture of what caused the accident – such as a broken floor.

There may have been witnesses to the accident who could provide valuable evidence. Ask for their contact details and if they are happy to act as a witness. If they are, you could ask them to write a brief note as to what happened as soon as they can after the accident taking place. It can also help your own memory if you write down what happened to you as soon as possible after the accident.

Suing Your Employer – Examples Of Evidence

In the previous section, we discussed some types of evidence you may gather to support your workplace injury claim. For example, taking photographic evidence and obtaining the contact details of any witnesses willing to make a statement on your behalf.

However, when suing your employer, you’ll want to gather as much evidence as possible to support your claim. Let’s take a look at other examples of evidence you might consider obtaining:

  • Copies of a report in your workplace accident book – An accident book is a legal requirement in the UK if there are more than 10 employees in the workplace. Completing a form can provide evidence of an accident occurring and any injuries sustained. A colleague may complete this for you if you are unable to.
  • Gather CCTV footage where possible – You have a legal right to request CCTV footage of yourself. Footage can show your accident happening as well as what caused your accident, so it is useful if you can obtain it.
  • Gather any medical evidence – It would be in your best interest to seek medical help. Any records made by a doctor or hospital can be used as key evidence in your claim.

A solicitor from our panel could also help you by organising a medical assessment to determine the extent of your injuries. Any notes from a medical professional may then be used to support your workplace injury claim.

Get in touch for free using our online chat to see if our panel of solicitors could help you. They could help work out what you might be owed in compensation following an accident at work.

How Much Time Do I Have To Make An Injury At Work Claim?

In general, the personal injury claims time limit for most injury at work claims will be three years from either the date on which the accident took place. However, this may not always be the case. Whilst most cases will observe this three-year limitation period, there are instances where you may have longer in which to claim.

There are many industrial illnesses, diseases or work-related conditions which develop very slowly over a long period of time without the person affected being aware of its development. Whilst the effects of a back injury at work may be immediately apparent, conditions such as hearing loss caused by exposure to loud noises over a long period of time may not be. In these cases, the three year period begins at the date on which you were diagnosed.

People are unable to make a personal injury claim on their own behalf until they reach the age of 18. Those affected may be able to use a litigation friend to claim on their behalf. If the claim has not been made before the injured party’s eighteenth birthday, they then have three years to make a claim.

Also, if someone is involved in a serious accident, it may leave them unable to claim or make decisions on their own behalf. If this is the case, they would also need a litigation friend to claim on their behalf. The claim can be made at any time unless the claimant makes a recovery. After which point, they would have the same 3 years.

When Can’t I Claim For A Workplace Injury?

There are instances where you will not be eligible to claim for compensation following an accident at work. As we had explained, you would only be able to claim compensation if a duty of care was breached and this had led to you being injured.

You may not be able to claim, if:

  • You had not suffered an injury
  • Your employer had taken reasonable steps to try to address the cause of your accident or injury
  • You were fully at fault for your own injury
  • Your injury was caused by an accident that your employer could not reasonably have been expected to prevent or prepare for

To find out if you are eligible to claim compensation following injuries at work, you can get in touch with our advisors at any time.

Returning To Work After An Accident

What happens if you are injured at work and how can employers help you return to work after an accident and making an injury at work claim?

The first thing to note is that each and every injury is different and each person involved in a workplace accident may be affected in different ways and take different lengths of time to recover from. Things such as treatment, medication and stamina can all affect when you are ready to return to work.

Once you and your doctor feel that you are ready to return to work, your employer will often ask you to meet with them and your line manager. Don’t worry if offered this appointment. This is a standard meeting to help welcome you back to work. It is also an opportunity for you to discuss your health, how you feel and how your employer can support your needs going forward. If you require adjustments to your job role, work pattern or workplace, this is the opportunity to highlight these needs and for your employer to make necessary adjustments. Your employer is likely to know a lot of this information in advance and therefore may have already started making necessary adjustments.

Your employer may alter your workload, working hours or role to meet your needs. They may also help to organise meetings with occupational therapists to further help you settle back into work.

Compensation For An Accident At Work – No Win No Fee Agreements

When claiming compensation for an accident at work, it can be helpful to hire legal assistance. If you’re concerned about the cost of legal representation, you may find a No Win No Fee agreement of help to you.

When claiming for an injury at work in the UK on a No Win No Fee basis, your solicitor will generally not expect an upfront fee. Also, they will only take a success fee that is legally capped from your settlement if your claim is successful. If your claim fails, you are not required to pay your solicitor. All of the solicitors on our panel can offer their services on a No Win No Fee basis.

If you have any questions about how to sue a company in the UK under a No Win No Fee arrangement, get in touch with our advisors today. We can even inform you on other subjects in this area, such as who is responsible for recording an injury in the accident book.

Other Information Including Who Has The Overall Responsibility For Recording Injuries At Work

In addition to the information which we have provided in this guide, you can also use the resources below to learn more about what to do if involved in or injured by an accident at work.

Statutory Sick Pay
Information from the UK Government about how much statutory sick pay is, when you are entitled to claim it and how long it may be claimed for.

Expenses And Benefits
Information from the UK Government for employers who have an employee injured in the workplace.

RIDDOR
If an accident at work involves specific conditions or injuries it must be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. See here.

Pay And Work Rights Helpline
You may call this helpline recommended by the UK Government to learn more and answer questions such as “what are my rights if injured at work?”

You may also find these other guides useful: