Can I Make A Claim On Behalf Of Someone Else Who Has Been Injured In An Accident At Work?
When you’re injured in a workplace accident, you may be able to claim compensation for your pain and suffering. You could do this if the accident was caused by your employer breaching their duty of care towards you. But can you make a personal injury claim on behalf of someone else? This is what we will discuss in this guide.
In some instances, the person who has been injured in a workplace accident may not be able to pursue a claim themselves. For instance, they may not legally be able to represent themselves if they’re under the age of 18. Furthermore, they could lack the mental capacity to claim themselves.
However, there is an option for those who cannot pursue their own claims to receive the compensation they are owed. We will look at the options available throughout this guide.
How To Get In Touch With Our Team
UK Law can help you to start a claim for compensation for an accident at work on someone else’s behalf, as long as the required criteria are met. To begin your claim, call UK Law’s free helpline on 020 3870 4868. Or contact us via our website. Alternatively, you can start speaking with a claims advisor using the Live Support widget on your screen.
Services And Information
- Everything You Need To Know About Making A Claim On Behalf Of Someone Else Who Has Been Injured In An Accident At Work
- What Is A Claim On Behalf Of Someone Else Who Has Been Injured In An Accident At Work?
- What Is A Litigation Friend?
- How Litigation Friends Can Assist In Compensation Claims
- Calculate Payouts For A Claim On Behalf Of Someone Else Who Has Been Injured In An Accident At Work
- Who Could Need A Litigation Friend?
- Claiming On Behalf Of Someone With A Diminished Mental Capacity
- Claim On Behalf Of Someone Under The Age Of 18
- Claiming On Behalf Of Someone Who Suffered A Life-Changing Injury
- Claim On Behalf Of Someone Who Has A Pre-Existing Condition
- Injury At Work Claim Time Limits
- Someone Else Was Injured At Work, What Should I Do?
- Claim On Behalf Of Someone Else On A No Win No Fee Basis
- Supplementary Resources
- FAQs About Making Your Claim
Everything You Need To Know About Making A Claim On Behalf Of Someone Else Who Has Been Injured In An Accident At Work
In this guide, we will examine the process of making a compensation claim for an accident at work when you weren’t the person who was injured. We will begin by looking at what an accident at work claim is and when an employee may be able to make one.
We will go on to look at what a litigation friend is and the role that they play in the claims process. Furthermore, the guide explains how much compensation could be paid in a claim of this nature.
In addition, we shall discuss different circumstances in which a claim could be made on someone else’s behalf. We’ll also look at the time limits that apply to claims of this nature.
Finally, we will look at the steps that you should take if you would like to claim on behalf of someone else for an injury sustained in an accident at work. No Win No Fee agreements will be explained along with answers to questions we are commonly asked.
If you have any questions after reading this guide, please don’t hesitate to get in touch with us. Otherwise, read on to find out more.
In the UK, all employers owe their employees a duty of care. This means that the employer’s responsibility is to take all reasonably practicable steps to ensure that the workplace is safe.
There are a number of things that an employer is expected to do to keep their employees safe. These include:
- Carrying out risk assessments so that things that pose a safety risk can be removed or reduced.
- Ensuring that good housekeeping is maintained. For example, by making sure that walkways are clear and that no wires are left trailing where someone could trip over them.
- Providing the correct Personal Protective Equipment (PPE) for employees to do their jobs safely, for example, goggles or safety shoes.
- Training employees so that they can carry out their roles safely.
If an employer breaches their duty of care, this could cause an accident to occur. If an employee was injured in an accident caused by employer negligence, they could be eligible to claim compensation for their injuries.
Please read on to find out more about litigation friends and how they help someone make a compensation claim.
When a person cannot claim compensation for themselves, a litigation friend can handle their claim for them. You can apply to be a litigation friend, or the court can appoint you as one.
Also, you will need to confirm that you are able to be fair and make competent decisions about the case. You will also need to confirm that your interests aren’t in conflict with those of the claimant.
If you’re a litigation friend for a child who turns 18, you’ll stop being their litigation friend as soon as they turn 18. If you’re claiming on behalf of someone who lacks the mental capacity to do so, they can apply for you to stop being their litigation friend if they regain their mental capacity.
A litigation friend pursues a claim on behalf of someone who is unable to do so themselves. This can be a child who legally cannot represent themselves, or it could be an adult who doesn’t have the mental capacity needed to pursue a civil case.
A litigation friend can be someone related to you, but it doesn’t have to be. It can be a family friend, a professional advocate or even a solicitor. Basically, it can be anyone who is suitable for the role.
The duties of a litigation friend can include the following:
- Keeping the claimant informed of the progress of the case and find out their feelings on the matter
- Working with the claimant’s personal injury solicitor, who is managing the case
- Making decisions on the claimant’s behalf and in their best interest
- Attending hearings at court
- Approving legal documents and signing them
- Paying court-ordered fees
Get in touch with our team today, and we can let you know if you are eligible to claim on behalf of someone injured because of their employer’s negligence.
The table below shows guideline compensation brackets for a number of injuries. You can use this to see how much past injury cases have been awarded. The compensation amounts included in this table are based on the latest guidelines from the Judicial College. The table only contains figures for any pain and suffering it does not include values for any financial losses.
|Location Of The Injury||Notes||Amount(s)|
|Finger||Fractured or broken index finger injuries. The break can be quickly fixed, but the grip may still be impaired. If heavily used, there could be some pain.||£8,550 to £11,480|
|Wrist||Less serious wrist injuries, level (c), which could still leave the person being permanently disabled. There could still be stiffness and pain.||£11,820 to £22,990|
|Hand||The total loss of both hands. Whilst the injury falls short of amputation of the hands, the effective result is the same. The person does not have any funciton in the hands and can't use prosthetics.||£132,040 to £189,110|
|Hand||Moderate hand injury. Those who have symptoms which are permanent but also non-intrusive could be awarded damages close to the bottom of the bracket.||£5,260 to £12,460|
|Arm||Amputation of an arm at the shoulder (b) (i)||Not less than £128,710|
|Neck||(a) Severe (ii) serious breaks or other forms of injury and damage to the discs in the cervical spine. This injury may give rise to a serious disability.||£61,710 to £122,860|
|Back||Severe (i). These are some of the most severe injuries affecting the nerve roots and spinal cord. There could be very serious effects and consequences for the claimant.||£85,470 to £151,070|
|Leg||Severe leg injuries (b), (i) injuries falling short of amputation. These are the most serious types of leg injury which do not require amputaiton of the limb. Damages may however be on a similar level to those awarded for amputation.||£90,320 to £127,530|
|Foot||(b) The amputation / loss of one foot.||£78,800 to £102,890|
|Foot||(e) a serious foot injury. The person could require prolonged medical treatment and be left in pain.||£23,460 to £36,790|
If the claim is successful, your compensation payout could include two heads of claim. The first of these is general damages. This is compensation for the physical or psychological harm caused to you by your injuries, and it is the head of the claim covered by the table above. General damages will be valued with the help of a medical assessment with an independent medical expert.
Secondly, you will receive special damages. Special damages compensate the injured person for any out of pocket expenses associated with their injuries.
Below, we have included some examples of what special damages could pay for:
- Medical costs – this can include the cost of therapy or rehabilitation
- Loss of earnings if they have taken time off work
- Care costs – this can include the cost of a carer at home, a residential care home or gracious care by loved ones
- Travel costs to get to and from medical appointments
- The cost of plans that you’re no longer able to attend, like holidays
You will need to provide proof of the special damages you have incurred. Without it, it could be difficult for you to claim them back.
A litigation friend can be appointed for anyone who is unable to make a claim themselves. This could be someone who is under the age of 18 or a person who has limited mental capacity.
In the sections that follow, we will look in greater detail at the kinds of things that might mean someone needs a litigation friend to manage a case on their behalf.
Someone who lacks mental capacity may need a litigation friend to act on their behalf. Examples of conditions that may result in someone lacking the mental capacity to claim might include:
- Learning disabilities
- Alzheimer’s disease
- Mental health problems such as schizophrenia or bipolar disorder
However, it’s important to note that the need for a litigation friend will depend on the extent to which the person’s mental capacity is affected. For instance, some people with learning difficulties or autism may require a litigation friend, whereas others are capable of making decisions and managing a court case themselves.
If you apply to be a litigation friend, then you may need to fill out a “certificate of suitability”. If you are applying to be a litigation friend for an adult, you will need to include in this form why you think they can’t make decisions about the case themselves.
Legally, those who are aged 13 or over can undertake part-time work. Children of an even younger age can work in things like television or theatre.
Despite their young age, children are owed the same duty of care as all other employees.
In the event of a successful claim, the money will be held in trust for the child until they turn eighteen. However, the trust may release funds early if money is needed to care for the child immediately.
If a child turns 18 while the court case is ongoing, they may need to write a statement that tells the court that they’ve turned 18 and that they no longer need a litigation friend. They’ll also have to say whether they intend to carry on with legal proceedings and provide their address for legal documents to be sent to.
If someone experiences a life-changing injury, this can mean that they’re no longer able to claim for themselves. For instance:
- A workplace injury means that someone is left in a coma
- Someone suffers from brain damage after a fall at work
You may be eligible to claim compensation for someone who has experienced a life-changing injury if they cannot do so themselves. The compensation awarded can help pay for any medical treatment or specialist care they may need.
Someone can claim on behalf of another person who lacks the mental capacity to claim, even if they have a pre-existing condition. This means that their pre-existing condition prevents them from claiming for themselves therefore a litigation friend can claim on their behalf.
If the claimant has a pre-existing condition, this can make the claims process more complex. We recommend speaking to an advisor who will be able to let you know if the claim is valid. So call UK Law’s helpline for free legal advice about claiming.
There are time limits for starting an accident at work claim. The general time limit is three years, and it begins the day the accident took place or the day that it became apparent that the injuries were caused by negligence. The latter is referred to as the “date of knowledge”.
If you’re making a claim with a litigation friend, the time limit can vary. For instance, if a child is injured in a workplace accident, then a litigation friend can claim on their behalf at any point up until the child turns 18. Once they turn 18, if no claim has been made, they have 3 years to start their own claim.
Similarly, if someone lacks the mental capacity to claim, then the time limit is suspended indefinitely unless they regain their mental capacity. If this happens, then the 3-year limit would start, and the person would be able to claim on their own.
When someone has been injured in an accident at work, through employer negligence, there are some steps that can be taken to strengthen the claim. These apply whether the injured person is pursuing their own claim or a litigation friend is doing so on their behalf.
Make sure the injured person has their injuries diagnosed and treated by a doctor. The patient’s medical records can be used as evidence to support their compensation claim, and seeking medical attention right away will ensure that they get the treatment they need.
You should also collect evidence to support the compensation claim. For example, a report from an accident book may give some insight into how the accident occurred. Photographs of the hazard that caused the injuries might also be useful in showing what happened. In addition, you could ask anyone who saw the accident happen to provide their contact details, but you can still claim if there was no witness to what happened.
And thirdly, a skilled personal injury claims solicitor can support your claim. While this isn’t a legal requirement, you may find that their support and guidance make the claims process easier and may help you get more money from your claim. UK Law can connect you with an experienced solicitor from our panel to handle a compensation claim. Contact us now for your free consultation.
A No Win No Fee agreement is a way of funding legal representation. It sets out the terms that must be met before the solicitor’s fees are paid. With a No Win No Fee agreement, there are no fees to pay upfront or while the case is in progress.
If the claim is unsuccessful there are no fees to pay the No Win No Fee solicitor. If the claim is won, their costs will be covered by a capped “success fee”, which is deducted from the compensation.
- Call our compensation claims helpline on 020 3870 4868
- Fill out an online claims form to contact us in writing
- Ask an advisor a question directly, using the chat widget on the bottom right-hand corner of your browser
Thank you for reading our guide to claiming on behalf of someone injured. We hope it has been helpful. To learn more, please read our workplace injury claims guides below.
Legal advice from the Health and Safety Executive
An HSE guide to risk assessments and management at work
We will now answer some frequently asked questions about claiming personal injury compensation.
Can I make a claim on behalf of someone else?
Under certain circumstances, you can claim compensation on behalf of another person. You can do so if the person is unable to claim themselves. In order to act on their behalf, you would need to be appointed as a litigation friend.
Can I claim compensation on behalf of someone who has died?
You may be able to claim compensation on behalf of a relative who has died. For more information on making a fatal accident claim, speak to a member of our team today.
Thank you for reading our guide to claiming on behalf of someone who was injured at work.
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