How Do You Claim If Injured At Work In The UK?

Injured At Work How To Claim

Injury at work claims guide

By Daniel Freshman. Last updated on 4th January 2022. Welcome to our guide on how to claim if injured at work. If you have an avoidable accident at work which injures you, due to your employer being negligent then you could be entitled to compensation. Assuming you were not fully to blame for the accident, then your employer could be found to have failed in their duty of care towards you. If that’s the case, you may be eligible to claim compensation.         

In this guide, we explain how to make a personal injury claim if injured at work. We’ll walk you through the steps you’ll have to take to start this type of claim. We’ll also answer certain questions people may have about making a workplace injury claim. Questions we answer include whether it could affect your employment status and what types of employees could claim. Additionally, contained within this guide is a compensation table. It gives rough figures on what amounts of compensation certain injuries may be awarded. 

Get In Touch With Our Team

If you’re looking for advice or other support on making a claim if injured at work, then we can help. Our team can assess your case for free. You can contact us by phone at 020 3870 4868 or by telling us about your claim online.

Services And Information

  1. Everything You Need To Know About Claims If Injured At Work
  2. What Is An Injury At Work?
  3. Could I Claim If Injured At Work
  4. Could I Claim If Injured At Work With An Employment Agency?
  5. Can The Self Employed Claim If Injured At Work?
  6. Calculating Compensation Claims If Injured At Work
  7. Will I Get Paid If I Was Injured At Work?
  8. Could You Be Fired For Claiming Compensation For An Injury At Work?
  9. What Responsibility Or Duty Of Care Does An Employer Have To Their Employee?
  10. How Much Time Do I Have To Claim If Injured At Work?
  11. I Suffered An Injury At Work What Should I Do?
  12. Do You Handle Claims If Injured At Work On A No Win No Fee Basis
  13. Other Information
  14. FAQs On How To Claim If Injured At Work

Everything You Need To Know About Claims If Injured At Work

If you’re unfortunate enough to get injured by an accident at work, several important questions will likely come to mind. Can I make a claim? What action do I need to take first? How much time do I have? Will my employment or pay be affected? We’ll explain the answer to these questions in this guide, and address other key points.

Accidents at work can occur for a wide variety of reasons. The circumstances of the accident play a big part in deciding if you could have the right to claim compensation. We’ll also explain in more detail how you can calculate the compensation. 

What Is An Injury At Work?

In order to make a claim if injured at work, you must be able to establish that the cause was someone else’s negligence. In cases of workplace injury, employer negligence can result in a number of injuries. It’s not only physical ailments that can result in you receiving compensation. Psychological damage can also result in you having a valid claim too.

Some examples of physical injuries that could result from your employer’s negligence are:

Mental injuries can include:

Different workplaces will carry with them various inherent risks. To use the construction industry as an example, workers will often work with heavy materials. This could increase the chances of things like crush injuries to various limbs and appendages.

In the hospitality industry, chefs will often work with sharp knives and other specialist culinary equipment. If employees are given inadequate training then they could injure themselves by way of a burn or cut.

One of the most common causes of workplace injuries are slips, trips, and falls. This is proven by statistics taken from RIDDOR for the 2020/21 period. As you can see from the graph below, accidents such as these that take place on the same level accounted for 33% of non-fatal workplace injuries. That comes to almost a third.

The second most common cause of injuries was incidents related to handling, lifting, and carrying. Other causes displayed include being struck by a moving object, acts of violence, and falls from a height.

The causes shown in this graph only combine to account for 77% of all reported workplace injuries. This means that the remaining 33% of workplace injuries over this period were a result of other means.

Claim if injured at work statistics graph

Claim if injured at work statistics graph

Could I Claim If Injured At Work

In order to be eligible to claim compensation for an injury at work, you must be able to establish a duty of care. This will usually come from your employer as they have a duty to protect your safety as much as is reasonably practical in the workplace. You must prove that your employer has acted negligently by breaching this duty.

And importantly, you must be able to show you suffered an injury or illness due to your employer’s negligence. Even if you contributed to your own accident at work, you could still claim compensation for an injury if it’s determined your employer was also at fault.

As part of a potential claim following an injury at work, an investigation will take place to establish whether the employer contributed to the accident. One of the key questions asked during an injury at work claim you make is whether the employer failed to take the necessary steps to protect you. Such a failure is viewed as a breach of the employer’s duty of care. If it’s found there was a breach, then this will be ruled as negligence on the part of the employer. 

Could I Claim If Injured At Work With An Employment Agency?

You are entitled to make a compensation claim if you are injured at a workplace because of negligence regardless of if you are an agency worker or a full-time employee. Workplace environments need to be made as safe as possible. If there is poor maintenance, lack of PPE or health and safety issues that cause an injury those who have suffered could be eligible to claim compensation. 

Compared to instances when a full-time staff member is injured at work due to the employer’s negligence, an employment agency worker can receive the same amount of compensation. If you are an agency worker, then you can contact us for free advice if you’ve been injured at work.

Can The Self Employed Claim If Injured At Work?

Self-employed workers who are currently working for a company are entitled to be working in a safe environment. While the level of rights for things like holiday pay and sick days can be different for self-employed workers, they have the same rights for health and safety compared to other company employees.

If you are self-employed and you get injured while working for a company due to their negligence, then you could be entitled to compensation.

Calculating Compensation Claims If Injured At Work

One of the biggest questions people have about making a claim if injured at work is how much compensation they could receive. It’s understandable if you’re unsure about this since there are a vast number of different injuries that can occur from an accident in a workplace. Both the type of injury/injuries suffered and the severity of them have massive influences on the compensation you will get if your claim is successful.

To help you out, you can view the table below to calculate the amount of compensation you could potentially receive for different types of injuries. The figures are based on the latest guidelines from the Judicial College. However, these figures should only ever be treated as estimates, since certain circumstances in your case could influence the final compensation payout. 

Brain InjuryVery Severe£264,650 to £379,100
Brain InjuryModerately Severe£205,580 to £264,650
Brain InjuryLess Severe£14,380 to £40,410
Face Injury - ScarringVery Severe£27,940 to £91,350
Face Injury - ScarringLess Severe£16,860 to £45,440
Face Injury - ScarringLess Significant£3,710 to £12,900
Back InjurySevere£36,390 to £151,070
Back InjuryModerate£11,730 to £36,390
Back InjuryMinorFrom around £2,300 to £11,730
Shoulder InjurySerious£11,980 to £18,020
Shoulder InjuryModerate£7,410 to £11,980
Shoulder InjuryMinorFrom around £2,300 to £7,410
Leg InjuryLoss Of Both Legs£225,960 to £264,650
Leg InjuryLess SeriousUp to £11,110

The table above focuses on payments you are likely to receive for potential injuries and these are covered under General Damages when making a compensation claim. In addition to being compensated for your injuries, you could also receive money for Special Damages, which cover financial and other tangible losses. Costs for care, travel, medical fees and loss of income could all be covered within your compensation under Special Damages.

Will I Get Paid If I Was Injured At Work?

If you are injured or become ill due to work, then you may need to take time off work to recover or receive treatment. A concern people may have about this scenario is whether they will still get paid by their employer while away from work. 

There are two main ways a worker can recover earnings while they are off with work injuries or a work-related illness. One way is through Statutory Sick Pay (SSP). This is something employees are entitled to receive from their company in most circumstances if they are off work injured or sick for more than four full working days.

It does not apply to self-employed workers though. The amount of sick pay you are entitled to will depend on what your employer’s sick pay policy is. Your employer may offer additional payments or benefits on top of SSP.

The other main method someone can recover from the loss of earnings is through an accident at work compensation claim. If you are making an accident at work claim against your employer and it is successful you could be entitled to claim back any loss of earnings you have incurred. 

Could You Be Fired For Claiming Compensation For An Injury At Work?

By law, your employer can not fire you if you claim compensation due to an injury at work. If you’re unfortunate enough to be injured while working, then you should not need to feel concerned about your job status or the relationship between you and your employer.

If your injury at work was ultimately caused by negligence by your employer, then you are perfectly entitled to pursue a claim for personal injury compensation. This compensation can be used to treat the pain and suffering you’ve endured due to the injury. It can also cover the financial losses you’ve sustained as a result of the injury at work.

Legally, an employer cannot dismiss one of their workers simply for considering or making a personal injury at work claim. Such actions would likely lead the worker to make a successful claim for unfair dismissal.

Some people may worry that if they make a claim after being injured at work, their relationship with their employer will break down. This could, unfortunately, possibly lead to hostile behaviour from the employer. It could make your working environment unbearable and make you want to resign. However, such behaviour cannot be justified. If it were to happen, you could have a strong case to pursue a claim for constructive dismissal.

What Responsibility Or Duty Of Care Does An Employer Have To Their Employee?

Slip Trip Or Fall Injury At Work Guide

Slipping on wet floor inside an office building

All employers have legal responsibilities to do what they can to protect the health and safety of all of their staff. These requirements are known as an employer’s duty of care. It is a term that covers all the various legislation and other obligations employers are meant to follow regarding health and safety. 

The specific requirements and laws which make up duty of care do vary from company to company. It depends on the sector the company works in and what exists in the workplace environment.

To summarise, the duty of care exists to make you and other employees feel safe at work and protect you from injury, harassment or other avoidable dangers which could harm their physical or mental health. Employers need to carry out risk assessments to identify all risks which could cause harm in the workplace. They should also give their employees information about these risks and how they are protected from them. Employers should also train their staff on how to deal with the risks which are possible in the workplace.

While not all of these are relevant for each employer, certain legislation is often followed by employers as part of their duty of care:

How Much Time Do I Have To Claim If Injured At Work?

In normal circumstances, the time limit for making a compensation claim against your employer is three years from the date of the accident. Although it may also start from the date you became knowledgeable. 

We always recommend that you start finding appropriate legal support to start a claim as soon as possible. While three years may sound like a long time, some cases can take a while to start. You obviously don’t want to risk missing out on the compensation you could have received. Sometimes during the process of a work accident claim, gathering the required evidence to prove negligence from the employer can prove tricky and time-consuming.

Certain circumstances can affect how much time there is to make a claim if injured at work. For example, a workplace injury could cause a lack of mental capacity to claim on your own behalf. If this happens, the three-year time limit is frozen until you have recovered to the point where you can reasonably be expected to start a claim yourself.

The three-year time limit doesn’t apply to children injured in a workplace when they’re under the age of 18. The injured child can not claim on their own behalf before they reach that age. An injury claim can be started for them by a chosen representative (such as a parent). If the child reaches the age of 18 and a claim for them hasn’t begun yet, then the three-year time limit for making a claim begins from the day of their 18th birthday. At this point, the child can now start the claim on their own behalf.

I Suffered An Injury At Work What Should I Do?

If you want to consider making a personal injury claim following an injury at work, you may ask what steps you should follow to make that happen. Personal injury claims involving employers can sometimes get complex. However, you should receive plenty of guidance and advice along the way.

Immediately after getting an injury at work, your first priority should be to get the medical care you require. Workplace accidents can cause a lot of damage and can even cause permanent or life-threatening injuries. Therefore, it makes sense to make sure you can recover properly before taking legal action. While receiving your medical care, collect records of your treatment when you can. This can be used as medical evidence later.

When you’ve received the medical care you need, you should next collect other evidence related to your claim as soon as possible. Witnesses, potential CCTV footage and any other evidence which details the incident that injured you and how it happened is critical. 

Many choose to use a solicitor to represent their case as they know they have the knowledge and experience that may be needed to file the case correctly. 

When you’ve chosen the solicitor to help with your case, they’ll review your claim and the evidence to support it. They will then confirm whether or not the claim is worth pursuing based on your chances of success.

Do You Handle Claims If Injured At Work On A No Win No Fee Basis

Under a No Win No Fee agreement, the contract made between you and your solicitor includes certain financial protection. You will not be required to pay solicitor fees upfront. You will also have nothing to pay your solicitor while the claim is being processed. Also, if your claim is not successful, you will probably not have to pay the fees which your solicitor has accumulated.

A No Win No Fee agreement does not guarantee you’ll win your claim. It is reassuring though since your solicitor will only agree to it if they are confident of success. If the claim is won, then your solicitor will deduct a small percentage of the compensation awarded to you as payment.

You can view your agreement and discuss it with your solicitor before signing it. From this discussion, you can confirm how much your solicitor will take.

Get In Touch To See If You Can Claim

Remember, there’s more than one way to reach us. Our advisors are standing by 24/7 to help you.

Other Information

Looking for more information on work accident claims or your employer’s obligations to protect your health and safety? You can check out the links below for more useful information:

Statutory Sick Pay (SSP)

This page tells you what you are currently entitled to receive if you are eligible for statutory sick pay. It also explains certain ways your SSP may be affected.

HSE guide to Employer’s responsibilities

The Health and Safety Executive (HSE) is responsible for regulating workplace safety. The link above includes useful info and guides summarising what employers and employees should do in regards to health and safety at work.

Pay and Work Rights Helpline

You can use the helpline on this gov.UK page if you’re looking for advice regarding your pay and work rights. It’s also useful if you wish to make a complaint against your employer.

Cycle Accident 

For information about how to make a claim for a cycling injury.

Holiday Accident

For information on how to make a claim for a holiday accident.

Making A Claim Against A Former Employer

Here is one of our guides that will inform you on whether or not you can sue an employer who you no longer work for.

FAQs On How To Claim If Injured At Work

Who pays the compensation when an employee is injured?

When it comes to personal injury claims made against an employer by an employee, an insurance company will make the payment if the employee wins their case. Companies are legally obliged to have employers liability insurance in the event of a workplace accident. 

How do I claim for injury at work?

You can either pursue the claim yourself or hire a solicitor to do all the work for you. Make sure to get the required medical treatment for your injuries. Also, collect evidence for your claim as this will make your case stronger.

How long does it take to receive an offer of compensation?

It is difficult to put an exact time scale on injury at work claims. That’s because it depends heavily on the circumstances. A relatively straightforward case where you have minor injuries will probably take less than a year. A more complex case where it’s more difficult to prove negligence could take over a year. 

Thank you for reading our guide on the subject of how to claim if injured at work.

Writer PD

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