What Could You Claim For Injuries Caused By Understaffing At Work?
This guide explains when a personal injury claim could be made to seek compensation for injuries caused by understaffing at work. Firstly, you can see how a compensation payout could reflect the physical and mental impact of a workplace accident.
Employers have a responsibility towards their employees, including the need to have enough staff on hand to complete tasks safely. We outline the legislation that establishes their duty of care and note when you could make a personal injury claim.
As the guide progresses, you can see how to prove that an employer did not fulfil their duty of care through different forms of evidence. Finally, we cover the benefits of working with a No Win No Fee solicitor from our panel.
You can learn more and have your possible case evaluated by an advisor, all without charge. For more, simply:
- Call 020 3870 4868.
- Go to our website to enquire about a claim online.
- Talk to an advisor on live chat in the tab below.
Select A Section
- What Could You Claim For Injuries Caused By Understaffing At Work?
- Are You Eligible To Claim For A Workplace Injury?
- What Accidents Could Be Caused By Understaffing?
- What Types Of Evidence Could Help Support A Claim?
- Can You Make A No Win No Fee Claim For Injuries Caused By Understaffing At Work?
- Where Can You Find Out More About Workplace Accident Claims?
If your case wins, you could receive a payout reflecting up to two forms of damages.
One head of claim is general damages, where you are compensated for physical harm and mental pain suffered due to an accident. Those assessing the value of your injuries may calculate damages using various sources of information, including guideline compensation figures from the Judicial College Guidelines (JCG).
We have used JCG figures to create the table you can view below.
Please remember that this table is a guide because the outcome of each case differs. The top entry is not from the JCG.
|Several severe injuries that cause significant financial losses.||Severe||Up to £500,000+||Compensation for multiple very serious injuries and expenses such as home and vehicle adaptations are reflected in a payout.|
|Head||Moderate (i)||£150,110 to £219,070||Cases cause a moderate to severe intellectual deficit. Sight, speech, senses and personality are all affected.|
|Back||Severe (i)||£91,090 to £160,980||The most serious injuries with damage to the spinal cord, as well as the nerve roots|
|Moderate (i)||£27,760 to £38,780||A wide variety of injuries feature in this bracket, like compression or crush injuries of the lumbar vertebrae.|
|Neck||Severe (i)||In the region of £148,330||Incomplete paraplegia or permanent spastic quadriparesis occur because of a neck injury.|
|Severe Leg Injuries||The Most Serious Injuries Short of Amputation||£96,250 to £135,920||Injuries so severe that damages are awarded at a similar level to amputation cases.|
|Psychiatric Damage Generally||Severe||£54,830 to £115,730||The affected person has a marked difficulty dealing with education, work, and life in general.|
|Foot||Very Severe||£83,960 to £109,650||An injury in this bracket produces severe, permanent pain or a very serious and permanent disability.|
|Hand||Amputation of Index and Middle and/or Ring Fingers||£61,910 to £90,750||The hand is left effectively useless and any remaining grip is exceedingly weak.|
|Ankle||Very Severe||£50,060 to £69,700||A limited number of unusual injuries fall into this bracket.|
|Arm||Injuries Resulting in Permanent and Substantial Disablement||£39,170 to £59,860||One or both forearms are fractured. A functional or cosmetic disability exists as a result.|
What Are Special Damages?
Special damages can feature alongside general damages in a payout if you were financially impacted by the injuries. This head of claim seeks to address monetary loss that only occurred because you were harmed.
This may include:
- A loss of earnings from being unable to work.
- Prescription fees.
- Personal care costs.
- Necessary travel expenses.
- Home adaptation or mobility aid.
Make sure you keep hold of payslips, bank statements, and any other documents that could prove your outgoings.
Our advisors can explain the heads of claim in more detail and inform you of what you can claim for, so please do not hesitate to call.
Employers must consider the safety of their employees and take all reasonably practicable steps to prevent workplace injuries. This is their duty of care, a requirement established in law through Section 2 of the Health and Safety at Work etc. Act 1974.
As part of their duty of care, employers could risk assess the environment, work duties, and employees, provide the necessary personal protective equipment needed for their workforce to do their job safely, train employees appropriately and ensure that enough staff members are available so work duties are carried out safely.
To make a personal injury claim after an accident at work, you would need to show that:
- Your employer owed you a duty of care.
- They breached this duty.
- This led to an accident that caused you physical and/or mental harm.
Check How Long You Have To Claim
Your claim for an accident at work must begin on time. Generally, the time limit for starting a personal injury claim is three years from the accident date. This is set out by The Limitation Act 1980.
However, the time limit can be paused in certain circumstances. Call today to learn more or find out how long you may have to claim.
Understaffing can cause numerous issues in the workplace. Firstly, a smaller staff trying to cover a shortfall may not have the time to give a job all the care and attention it needs. Additionally, some tasks may require more workers than are available. Dealing with these challenges can be stressful and tiring, increasing the risk of accidents occurring.
These examples show where an employer’s inability to provide the correct number of staff members could lead to an accident.
- Because of a staff shortage, an employer asks one employee to carry a heavy item that multiple people should handle. The employee is unable to carry the item safely and drops it, suffering a broken foot and severe back pain.
- Due to a lack of staff, an employer tells an employee with inadequate training to work at a height. The employee loses their footing and suffers a head injury when they land.
If you have hurt yourself on the job and believe your injuries may have come from an accident caused by understaffing at work, share the details with an advisor over the phone, and they can assess your potential claim.
Your claim should be backed up by relevant evidence that shows how your employer breached their duty of care and highlights your injuries. Such evidence could include:
- Footage of the accident from CCTV or a personal device.
- Photographs of the accident scene.
- Medical reports or test results, such as X-rays. You can request your medical records from your healthcare provider.
- A copy of your workplace accident book. An entry should be made in the book to describe the accident you were in.
- Witness contact details. You do not need to gather statements, as this will be done for you.
You may find that you need support in putting together proof for your claim. A solicitor from our panel could give you this support as part of their No Win No Fee service. Call today and talk to an advisor if you want to know more or have questions about evidence.
A personal injury solicitor from our panel could represent you in a claim for injuries caused by understaffing at work. This expert guidance could give you peace of mind while you recover and focus on readjusting to everyday life while ensuring your claim is submitted correctly and on time.
This dedicated support could be yours under a Conditional Fee Agreement, a No Win No Fee arrangement that means you do not pay for their services:
- In advance.
- While the claim goes on.
- In the end, if the case ends unsuccessfully.
However, if you win and are awarded a payout, your solicitor will collect a percentage of the compensation. This is their success fee. The percentage will be small because The Conditional Fee Agreements Order 2013 sets a cap.
Reach Out To Our Team Today
Call us and discuss your potential workplace accident claim to find out if you meet the eligibility criteria. An advisor can tell you all you need to know about the process and answer any questions you may have. If your claim is legitimate, you may be forwarded to a solicitor from our panel for them to review your chances further.
To get started, you can contact us through these avenues:
We have numerous personal injury claims guides for you to look at, including these:
- Are you entitled to full pay if you suffer a workplace injury? This guide answers that question and more.
- A guide to claiming if poor lighting in the workplace leads to injury.
- What could a serious injury after an accident at work be worth?
These resources could also be useful:
- GOV.UK – How to get Statutory Sick Pay if you cannot work due to illness or injury.
- Health and Safety Executive – Key figures on work-related illness.
- NHS – Health A-Z.
Thanks for reading our personal injury claim guide for injuries caused by understaffing at work.