Calculating Compensation For A Workplace Accident Claim

This guide discusses when you could be eligible to make a workplace accident claim. We will set out the specific eligibility criteria that must be met for accident at work compensation claims to be valid. Additionally, we will provide examples of the most common workplace accidents, and whether you could make a claim for them.

This guide will also share the steps you could take following a workplace accident that could help you when making a personal injury compensation claim. Furthermore, we will share how compensation is calculated for successful claims and the different forms of compensation you could be awarded.

Finally, we will share some of the benefits of making a claim with one of the No Win No Fee accident at work solicitors from our panel.

To discuss your potential claim today and receive free advice, you can contact our friendly advisory team today.

To get started, either:

• Call 020 3870 4868.
• Ask about your claim online so an advisor can call you.
• Talk with us through the live chat feature below.

Select A Section

1. Calculating Compensation For A Workplace Accident Claim
2. Can I Make A Workplace Accident Claim?
3. Common Accidents And Injuries In The Workplace
4. What Should I Do If Injured In An Accident At Work?
5. How Long Do I Have To Make A Workplace Accident Compensation Claim?
6. Can I Make A No Win No Fee Accident At Work Claim?

Calculating Compensation For A Workplace Accident Claim

You may be wondering, ‘How much compensation can I get in a workplace accident claim?’. Since every claim is different, the compensation that could be awarded to you will be affected by the specific factors of your case, such as the types of injuries sustained, their severity and the recovery period.

However, if you make a successful claim, you will be awarded general damages as part of your compensation settlement.

General damages is a head of a claim that aims to account for physical pain and mental suffering brought on by your workplace injury.

Those responsible for working out your general damages could get guidance from the Judicial College Guidelines (JCG). This is a document that states guideline compensation brackets for various injuries.

Compensation Table

The table below contains guideline JCG brackets for various types of injuries that could be applicable to workplace accident claims.

Please note that the top entry is not from the JCG. The table is only a guide.

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INJURY	SEVERITY	COMPENSATION	NOTES
Multiple Serious Workplace Injuries And Special Damages	Severe	Up to £1,000,000+	A successful compensation claim settlement that accounts for more than one severe injury, as well as financial losses like medical bills and home adaptation costs.
Head	Very Severe	£282,010 to £403,990	The top of the bracket applies for affected people with little, if any, evidence of meaningful response to environment, little to no language function, double incontinence, and a requirement for constant nursing care.
Leg	Amputations (i)	£240,790 to £282,010	The loss of both legs above the knee, or one leg lost above the knee and one lost below.
	Severe Leg Injuries (i)	£96,250 to £135,920	The most serious injuries, short of amputation. Examples include extensive degloving or gross shortening of the leg.
Injuries Affecting the Senses	Injuries Affecting Sight (b)	In the region of £268,720	Cases of total blindness in both eyes.
Hand	Total or Effective Loss of Both Hands	£140,660 to £201,490	Extensive damage to both hands. Serious injury renders them little more than useless. The top end of the bracket applies to cases where effective prosthesis is not possible.
Back	Severe (i)	£91,090 to £160,980	The most severe injuries featuring spinal cord and nerve root damage. They lead to severe consequences that are unusual for back injury cases.
Foot	Very Severe	£83,960 to £109,650	Injuries producing really serious permanent disability or permanent and severe pain. For example, the traumatic amputation of the forefoot with significant risk of full amputation, or a substantial portion of the heel being lost.
Pelvis and Hip	Severe (ii)	£61,910 to £78,400	For example, a fracture dislocation of the pelvis, including the ischial and pubic rami and causing impotence, or traumatic myositis ossificans with ectopic bone forming around the hip.
Arm	Injuries Resulting in Permanent and Substantial Disablement	£39,170 to £59,860	Serious fractures to one or both forearms. The result is significant permanent residual disability. This disability may be cosmetic or functional.

Special Damages In Workplace Accident Claims

If your workplace accident claim is a success, you may also be awarded special damages as part of your compensation settlement. This head of your claim compensates for the financial losses and expenses your injuries have caused you to experience.

For example, you may have experienced a loss of earnings due to needing to take time off to recover. You could recover these lost earnings under special damages. However, you will need to provide evidence of them, such as with your payslips.

That isn’t all the special damages can compensate you for in a workplace injury claim. You may also be compensated for:

• Medical expenses.
• Travel expenses.
• Home adaptation fees.
• Domestic care costs.

To find out what other financial losses you could claim for under special damages and the evidence you will require to claim for them, you can contact our advisors. They could also provide you with a free valuation of how much compensation you could potentially claim.

Can I Make A Workplace Accident Claim?

As an employee, you are owed a duty of care by your employer when you are at work and performing your work-related duties. This duty of care is set out by Health and Safety at Work etc. Act 1974, and states that your employer must take all reasonably practicable steps to keep you and your fellow workers safe while working.

If your employer fails to adhere to their duty of care, this could cause you to suffer an injury. To be eligible to make a workplace accident claim, the following eligibility criteria must be met:

• Your employer owed you a duty of care at the time and place of the accident.
• They breached their duty.
• This led to an accident where you suffered physical or psychological injuries.

To see whether you could be able to make a personal injury claim for your workplace injuries, you can contact a member of our advisory team.

Common Accidents And Injuries In The Workplace

The Health and Safety Executive (HSE), the UK’s workplace health and safety regulator, reported in its 2022/23 statistics that 60,645 non-fatal employee injuries were reported by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Among the most common types of workplace accidents reported under RIDDOR were those involving:

• Manual handling – for example, a back injury suffered while carrying, lifting or otherwise handling objects.
• Slips, trips or falls on the same level. This could involve tripping on a trailing cable or slipping on a wet floor and could cause you to suffer a severe wrist injury.
• Falling from height. For example, due to defective railing or scaffolding, causing you to suffer leg and foot injuries.
• Being struck by a moving or falling object.

Regardless of the type of accident you were involved in or the injuries you suffered, you could be eligible to make a personal injury claim if you can prove that your injuries were caused by your employer breaching their duty of care.

Contact our advisors today to discuss your potential workplace accident claim and receive free advice.

Can I Make A Personal Injury Claim If I Work In A High-Risk Workplace?

You might assume that you cannot make a workplace accident claim if your job role is considered high-risk. Some roles, especially those involving regular work with dangerous machinery, carry a heightened risk of workplace injury.

However, employers are required to follow health and safety regulations and take reasonably practicable steps to lessen the risk of workplace injuries and accidents. If they breached their duty of care, and you suffered an injury as a result, you could still be able to make a personal injury claim, regardless of whether you work in a high-risk or low-risk workplace.

Some examples of the steps your employer could implement to maintain their duty of care include:

• Perform regular risk assessments.
• Check for defects and make sure any defective machine is fixed.
• Ensure support structures, like scaffolding, are properly assembled and secured.
• Provide manual handling training where necessary.
• Providing employees with sufficient personal protective equipment (PPE) when needed.

If you are unsure whether you could be eligible to make an accident at work claim for your injuries, you can contact one of our advisors today.

What Should I Do If Injured In An Accident At Work?

Following an accident at work, there are certain steps you could take that could help support you in making a workplace accident claim. These include:

• If your workplace has an accident book on-site, a report should be made of your accident in this book. It should include information on the date, time and nature of the accident. You could request a copy of this report to use as evidence in your claim.
• You should seek medical attention for your injuries. This could be from your GP or at a hospital. You could then request a copy of your medical records detailing the types of injuries you suffered and the treatment you received for them.
• Gather any video footage of the accident taking place, such as CCTV footage.
• Take photographs of the accident scene or any visible injuries you have suffered.
• Collect the contact information of anyone who witnessed your accident, as they may be able to provide a statement about the incident at a later date.

If you decide to work with a solicitor on your work accident claim, they could help guide you through the claiming process and gather evidence to support your case.

Contact our advisors today to discuss your particular case. If it seems like you have a strong claim, they could connect you with one of the work injury lawyers on our panel.

How Long Do I Have To Make A Workplace Accident Compensation Claim?

Generally, most personal injury claims must be started within three years from the date of the accident. This limitation period is set out by The Limitation Act 1980, though some exceptional cases may allow for the time limit to change.

For example, the time limit is suspended for a person lacking the mental capacity to start their own legal proceedings. However, a litigation friend can be appointed to claim compensation on their behalf during this suspension. If the person regains the required mental capacity and a claim has not already been started on their behalf, the three-year time limit to make a workplace accident claim starts on the recovery date.

Another exception could be made for someone who was under 18 when the accident occurred. In this instance, the time limit will halt until their 18th birthday, when they will then have until their 21st birthday to begin legal proceedings. While the time limit is paused, a litigation friend could start a claim on their behalf.

To find out more about time limits for an accident at work claim and ask about claiming for workplace accidents, contact one of our advisors.

Can I Make A No Win No Fee Accident At Work Claim?

If you meet the eligibility criteria to make an injury at work claim, one of the No Win No Fee solicitors on our panel could help you with your case.

By offering to represent you under a Conditional Fee Agreement, (which is a type of No Win No Fee agreement), you generally won’t be expected to pay them anything upfront for them to start working on your case. There are also no service fees to pay while your claim is in progress or if it ends unsuccessfully.

Should your work injury claim be a success, your solicitor will take a success fee from your compensation. There is a legal cap in place for the percentage your accident at work solicitor can take as this fee.

Contact Our Team To See Whether You Could Claim Compensation

Why not reach out today to see if you have a valid compensation claim? Our advisors can answer your accident at work claim questions and assess your case for free. If you have grounds to claim compensation for a workplace injury, you could be connected to a solicitor from our panel.

To connect with one of our friendly advisors, you can:

• Call 020 3870 4868.
• Write to us about your claim online with some basic details.
• Open the live chat pop-up available on this page.

Additional Resources

Here are some further guides related to accident at work claims:

• If you’re asking, ‘Will I lose my job if I make a claim for an accident at work,’ this guide provides the answer.
• More detail on how accident at work claims work and how a solicitor can help you claim.
• If the workplace is not admitting liability for your accident, you may find this guide helpful.

You may also get useful information from these sources:

• The Health and Safety Executive (HSE) gives employers guidance on common workplace risks and how to avoid them.
• NHS advice on when to call 999 after an accident.
• Check your employment status through this government portal.

Thank you for checking out our guide to making a workplace accident claim. If you have any questions or want to discuss your potential compensation claim, please call any time.