Can You Make A New Employee Injury Claim?
Have you been injured as a new employee in a workplace accident? Was the accident caused by the negligence of your employer? If so, you could be entitled to claim compensation for your injuries.
When you’ve been injured in an accident at work as a new employee, it can be difficult to know what your rights are. You may be unsure whether you need to have been working for a company for a certain time in order to have the right to make a claim. This guide will go over how to claim compensation following an accident at work caused by your employer’s negligence.
Being involved in a workplace accident can be distressing. You might be injured in a way that impacts your quality of life or that means you have to take time off work. You might be unsure as to the next steps to take, particularly if you haven’t been with the company for very long.
We invite you to learn more about making a claim from this guide and to contact us for more information through our team of advisors. We can also offer you the services of our panel of No Win No Fee solicitors.
Get In Touch With Our Team
If you want to find out more about whether or not you could be entitled to make a claim, you can get in touch using the contact information below.
- Our phone number 020 3870 4868
- Our call-back request page
- The chat feature to the bottom-right of this screen
Services And Information
- Everything You Need To Know About Claiming If Injured As A New Employee
- What Is A Claim If Injured As A New Employee?
- Health And Safety Statistics For Workplaces
- What Should You Do If You Are Injured As A New Employee?
- Calculating Claims If Injured As A New Employee In The Workplace
- Your Rights When You Join A Company
- Your Rights As A New Starter
- Do Your Rights Change After A Month?
- What Long-Term Rights Do Employees Have?
- Are There Time Limits To Claiming When Injured As A New Employee?
- I Was Injured As A New Employee, What Should I Do?
- Claim For Being Injured As A New Employee On A No Win No Fee Basis
- Employee Injury Claim Guides
- FAQs People Ask About Employee Injury Claims
If you’ve been injured in an accident at work as a new employee, you might be feeling uncertain about whether or not you could be entitled to make a personal injury claim. You may feel that you don’t want to cause negative repercussions for the company or believe that you’re not entitled to compensation at all. This page intends to set out clearly what your rights are as a new employee.
This guide will also go over the process of making a claim, as well as what the law says about your employment rights. You can refer to it to find out more about how your compensation is calculated and how to put together evidence to support your claim. We will also look at how a No Win No Fee agreement could benefit you if you’re concerned about how to fund legal representation.
If you want more information about your rights after an accident at work you can click on the links you can find throughout this guide. Alternatively, you can call our team for free legal advice.
If you are injured in the workplace as a result of negligence on the part of your employer, you could be entitled to make a personal injury claim for compensation. You may be able to claim if you can show that they breached their duty of care to you, directly resulting in the accident which caused you injury.
There a number of ways an employer could neglect the duty of care set out in the Health and Safety at Work Etc. Act 1974. Some examples include:
- Failing to provide adequate safety training
- Failing to provide Personal Protective Equipment appropriate to the role
- Poor housekeeping such as untidy walkways, resulting in people injuring themselves by tripping over or slipping on things,
- Providing equipment that has not been properly serviced or maintained.
When you’ve been injured in an accident at work through no fault of your own, you should fill out a report in the accident book and collect any evidence that might support your claim. This can include things like CCTV footage, photographs of the cause of the accident and witness details of anyone who saw it take place.
If you’re not sure whether the accident you were involved in was caused by employer negligence, get in touch with our team today. Our helpful and friendly advisors can look at the details of your case and see whether your claim has a good chance of success. If so, they may be able to connect you with a personal injury solicitor from our panel.
In 2019/20, there were 65,427 injuries to workers in Britain reported to RIDDOR according to the Health and Safety Executive. The cost of injuries and ill-health from working conditions was estimated at £16.2 billion in 2018/19.
Of the self-reported non-fatal injuries recorded by the Labour Force Survey, 168,000 resulted in an absence of more than 7 days. The majority of these injuries, 525,000, resulted in an absence of 7 days or less.
As the graph above shows, the number of self-reported workplace non-fatal injuries per 100,000 has seen a broadly downward trend since 2001/02. However, the decrease has flattened in recent years.
If you suffer an injury in a workplace accident, the first thing you should do is seek medical attention. This might include going straight to the hospital in an ambulance. In some cases, though, it might be sufficient for you to visit a walk-in centre or make an appointment with your GP. As well as ensuring you get the treatment you need for your injuries, medical records could also provide a basis for your claim.
You should also collect evidence of the cause of the accident after it happens, if possible. For instance, you could take photographs of a spill or hazard that was not cleaned up.
You should also request that the accident has been noted in the accident log. Every workplace employing 10 people or more should have a logbook that acts as a diary of safety incidents. Employers are required to log certain types of incidents and specified injuries in this book.
It may also be useful to ask your co-workers or any witnesses if they would be willing to provide their contact details so that they can be asked to give a statement in support of your claim later on. Write down every detail you can remember about the accident and the events leading up to it. Even things that may not seem relevant may be useful. This is in order to make sure that there is a record of the accident from straight after it happened.
If you’re unsure what kind of evidence you may need to support your claim, why not get in touch with our claims team? They’ll be happy to offer you free legal advice about the kind of evidence you may want to collect.
A workplace injury can affect your physical and psychological health; however, it can also have an effect on your financial situation. There are two types of damages that seek to compensate you for the losses you may experience after a workplace accident. These are known as general and special damages.
General damages is a compensation payout for the injuries themselves. This payout can be calculated with the help of the Judicial College Guidelines (JCG). You may also be invited to an independent medical assessment as part of your claim, and the report from this assessment could also inform the amount that you receive in general damages.
Below, we’ve included a table of guideline compensation brackets from the JCG for your reference. The JC guidelines can be used to put a value on your suffering. Legal professionals use this in personal injury cases. Please bear in mind that these are guideline amounts and may not reflect the actual settlement you receive.
|Severe arm injuries||£90,250 to £122,860|
|Less severe arm injury||£18,020 to £36,770|
|Severely disabling elbow injury||£36,770 to £51,460|
|Moderate elbow injury||Up to £11,820|
|Severe wrist injury||£44,690 to £56,180|
|Minor wrist injury||£3,310 to £4,450|
|Serious hand injury||£27,220 to £58,100|
|Moderate hand injury||£5,260 to £12,460|
Special damages are awarded for the financial losses you suffer as a result of the injury. For instance, perhaps you were forced to take time off work while you were recovering from your injuries. This may result in a loss or reduction in earnings. In some cases, your injury may prevent you from returning to work at all.
You could incur medical expenses as a result of the injury. This could range from private healthcare costs, paying for medication, or paying for physical rehabilitation care. You could claim back these expenses as part of your special damages. In addition, you could claim back any transport costs that you’ve incurred that you wouldn’t have if you hadn’t been injured.
The list of special damages we have mentioned is not exhaustive by any means. If you’ve experienced a financial loss as the result of your injuries, speak to our team today. They will be able to advise you whether it can be included in special damages.
Joining a new company can feel both exciting and a little scary. You never truly know what to expect as you probably have only had an interview with your new employer. Very often we are not always aware of the rights we have as an employee. Within your employment contract, you may have what is called express terms. These can include;
- What your salary is, if you are paid for overtime and how much you are paid in bonuses.
- How many hours you work, and whether you are expected to work any overtime.
- How much annual leave you are entitled to, and your holiday pay.
- Whether you will receive sick pay or Statutory Sick Pay.
- Ruduncay Pay
- The dismissal process.
If you would like to know more about your rights when joining a company, including the right to make a claim for personal injury, get in touch with our team.
There are certain rights that you will only be entitled to as an employee after you have been employed for a certain period of time. However, there are certain basic rights to which you will be entitled from day one of your employment. You may need to check your employment status though as all may not apply. These rights include the right to:
- A minimum wage
- A safe workplace
- Not face discrimination on the basis of your sex, race, gender identity, religion, age, nationality, disability or sexual orientation.
- A written contract of employment
- Be provided with the written outline of the grievances procedure
- Have a payslip
- A right to rest breaks
- The right not to work more than 48 hours
As well as these rights, you also have the right to make a personal injury claim for compensation following an injury caused by employer negligence. Get in touch with our team for more information.
After you have been employed for one month you become entitled to further employment rights. These additional employment rights include:
- A minimum of one weeks’ notice before termination of employment
- Medical suspension benefits where there is a threat to your health
- Statutory lay-off pay
Your right to claim compensation after an injury caused by employer negligence is unaffected. You have just as much a right to claim on day one of your employment as you do after having been working there long-term. For more information on making a claim, contact our team.
The longer you are employed, the more employment rights you are entitled to. Some of these rights set in after around six months, other rights do not set in until you have been employed for up to two years. They can include:
- Request flexible hours
- Request time off for training
- Two weeks paternity leave or shared parental leave.
- Statutory adoption, maternity, or paternity leave pay
- Bereavement leave
- Claim redundancy pay
- An employment tribunal for unfair dismissal
- Receive a written explanation for your dismissal
Importantly, you cannot be dismissed for making a personal injury claim against your employer. If you are, you could also make a claim for constructive or unfair dismissal. Get in touch with our team to find out more.
Generally, there is a three-year time limit to starting a personal injury claim. This time limit usually starts from the date of the accident. However, it can also begin from the “date of knowledge” if you only became aware at a later date that your symptoms were caused by negligence.
There are exceptions to the three-year time limit. For instance, if someone lacks the mental capacity to make a claim on their own behalf, the time limit is suspended. If the injured person regains their mental capacity, the time limit starts again. A litigation friend can claim on their behalf as long as they lack the capacity to do so themselves.
If you were injured while you were under the age of 18, a litigation friend could also make a compensation claim on your behalf. They can claim on your behalf until you turn 18. Once you turn 18, you can make your own claim until your 21st birthday.
If you’d like more information on the time limits to making a personal injury claim, speak to our team. An advisor will be happy to take the details of your case and let you know whether you are still eligible to make a claim.
If you are unsure about whether or not you could be entitled to make a personal injury claim, or if you are unsure about what steps you should take, call our team of advisors. They can give you free, friendly advice about your next steps forward. They may also be able to connect you with a personal injury lawyer if they feel your claim has a good chance of success. You can reach them through the following contact options:
- Our phone number 020 3870 4868
- Our call-back request page
- The chat feature to the bottom-right of this screen
We feel that the best way to make a personal injury claim following an accident at work is with the help and guidance of a solicitor. However, you may be worried about the legal costs associated with this. If so, a No Win No Fee agreement could benefit you.
With a No Win No Fee agreement, you won’t be asked to pay your solicitor anything in order for them to start working on your claim or while it’s ongoing. You also won’t be asked to cover their costs in the event of an unsuccessful claim.
The only time you will be asked to pay your solicitor is if your claim is successful. Then, a legally capped success fee will be deducted to cover their costs. The success fee is agreed upon beforehand and you will always receive the majority of the compensation awarded to you.
If you’d like to know whether you could be represented on a No Win No Fee basis
Here are some additional pages from our website that address issues about claiming compensation for injuries sustained while working.
Do I get paid if I get injured at work?
You could be entitled to statutory sick pay if you have to take time off work due to being injured. Your employer may pay you in full while you’re off work, but this will be stipulated in your contract.
Are you entitled to full pay if you have an accident at work?
You could be entitled to statutory sick pay if you take time off work due to an injury sustained in a workplace accident. If you need to receive compensation for the money you have lost as a result of this, you will need to make a personal injury compensation claim.
What should my employer do if I have an accident at work?
If you have had an accident at work your employers may have to note it down in the workplace accident book. The employer should make sure to cooperate with any investigation into the accident.
Thank you for reading our guide on being injured as a new employee.
Guide by KL
Published by NC