How Do You Claim If Injured At Work In The UK?
By Jo Duggard. Last Updated 28th June 2023. If you’ve been injured at work, it’s important to be aware of your legal rights. In this guide, we’ll explain what they are and the steps you could take to claim compensation under personal injury law.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.
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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. We can also answer questions quickly and easily, such as “if I get injured at work do I get paid?” and “what are my rights if I’ve been injured at work?”
Services And Information
- What Is An Injury At Work?
- Could I Claim If Injured At Work?
- How Much Could I Receive For An Injury at Work (UK)?
- Will I Get Paid If I Was Injured At Work?
- Accident At Work Claim Time Limits
- I Suffered An Injury At Work What Should I Do?
- Do You Handle Claims If Injured At Work On A No Win No Fee Basis
- Other Information
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. You can also claim if you’ve been injured at work, leading to psychiatric or mental health injuries if you can prove negligence was a contributory factor.
Some examples of physical injuries that could result from your employer’s negligence are:
- Bruising, for example bruised ribs
- Dislocated joints
- Broken bones (such as a broken ankle, broken finger, or broken knee)
- Full or partial amputation of digits or limbs
Mental injuries can include:
- Post-traumatic stress disorder (PTSD)
- Development of phobias
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.
You may be able to make an accident at work in the UK claim if you’re able to prove that your employer didn’t train you sufficiently for the role, causing your injury.
However, please note that the personal injury claims procedure may differ based on the country the accident took place in. To learn more about claiming for an accident at work in the UK, please contact our team for free legal advice at a time that works for you.
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.
If you’ve been injured at work, are seen as partially responsible for your injury and your claim is successful, the amount you will receive will depend on how much your employer’s negligence contributed to the accident.
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.
How Do I Prove I Was Injured At Work?
If you’ve been injured at work and would like to claim, you must have evidence. It must show that a breach of duty of care caused your injury at work.
Examples of evidence in accident at work claims could include:
- The accident log book.
- CCTV footage.
- Witness contact details.
- Medical records.
- Photographs of the scene and/or your injuries.
This list only contains a few examples. Other forms of evidence could potentially help you with your claim. However, your injury at work claim could still be valid.
Additionally, you may wish to contact a solicitor that specialises in accident at work claims. They can help you gather the evidence required to support your injury at work claim.
Call our advisors if you’ve been injured at work due to employer negligence to find out if you could claim.
Compensation in an accident at work claim in the UK will be calculated based on the injury and the effect it has had on the person.
Your injury, and compensation, will be assessed under two heads of claim.
The first head is general damages, an amount of compensation awarded for the pain and distress your injury may have caused you. To show you examples of general damages in an accident at work claim in the UK, we have included a table of injuries and potential compensation as listed in the Judicial College Guidelines (JCG). The JCG looks at past court awards for injuries and creates compensation brackets.
|Leg Injury||(a) Amputations (i) - Both legs have been amputated above the knee.||£240,790 to £282,010|
|Leg Injury||(c) Less Serious; (iii) - Soft tissue injuries or fractures to the fibula or tibia. This could cause dull aching and restricted leg movement.||Up to
|Back Injury||(a) Severe (i) - The spinal cord and nerve roots have been damaged, causing serious back pain.||£91,090 to £160,980|
|Back Injury||(b) Moderate (i) - Crush or compression fracture of the lumbar vertebrae causing constant discomfort and pain.||£27,760 to £38,780|
|Amputation of Arms||(b) Loss of One Arm (ii) - One arm is amputated above the elbow.||£109,650 to £130,930|
|Other Arm Injuries||(b) Serious fractures to one or both forearms that result in a significant cosmetic or functional disability.||£39,170 to £59,860|
|Ankle Injury||(b) Severe - The ankle may need time in plaster or plates and pins may have been inserted. This will cause ankle instability.||£31,310 to £50,060|
|Ankle Injury||(d) Modest - Ligamentous injuries, sprains and undisplaced fractures. How much is awarded will depend on whether a full recovery has been made.||Up to £13,740|
|Shoulder Injury||(b) Serious - A dislocated shoulder that caused pain in the neck and shoulder with aching in the elbow.||£12,770 to £19,200|
|Shoulder Injury||(c) Moderate - Discomfort and limited movement due to a frozen shoulder.||£7,890 to £12,770|
Compensation Claims For Injuries At Work – Examples Of Special Damages
Successful compensation claims for injuries sustained at work can also result in special damages. This compensates you for out-of-pocket expenses caused by your injuries.
Examples of losses that could be compensated for in a successful injury at work claim could include:
- Loss of income – if your injuries have meant you have needed time off work, you could claim back these lost earnings.
- Care costs, if you have required care at home because of your injuries.
- Medical expenses- these could include the cost of prescriptions or over-the-counter painkillers, for example.
- Travel expenses- you may have incurred travel costs due to your injuries, such as the cost of taxis to medical appointments.
- The cost of home adaptations- if your injuries have meant you need adaptations to use your current home, you could be compensated for the cost of these adaptations. Such as the cost of installing a ramp.
Providing evidence of these losses could help support your claim. For example, bank statements, payslips and receipts could be used as proof of these losses.
Evidence that could support a claim for special damages if you’ve been injured at work could include payslips, receipts and bank statements.
If you have been injured at work and would like to know if you could make a personal injury claim, you can contact our advisors. They may also connect you with a solicitor from our panel who could help you with your case.
You could be asking yourself, “if I get injured at work do I get paid?” 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.
Have you been injured at work due to employer negligence? If so, you only have a certain amount of time to start an accident at work claim. The time limits for making a claim if you have suffered an injury at work in the UK can be found in the Limitation Act 1980.
These time limits are generally:
- 3 years from the date you were injured.
- 3 years from the date of knowledge. This means from the date you first realised your injury was caused by negligence.
However, there are also exceptions to these time limits. For example:
- If the claimant is a minor who was injured at work, they will have three years to start their claim once they turn 18. Before this point, the time limit is frozen.
- For people who lack the mental capacity to make a claim, they will have 3 years if this mental capacity returns. The time limit is suspended indefinitely otherwise.
Alternatively, a litigation friend could make a claim on behalf of a minor or someone who lacks the mental capacity before they are able to do so themselves.
You can contact one of our advisors today if you are unsure whether you are within the time limit to start your claim. They could also help answer any questions you may have about accident at work claims, such as ‘If I get injured at work, could I get paid compensation?’
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.
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.
So if you’ve been injured at work and want to learn more, please get in touch.
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. If you have been injured at work, our panel of solicitors can work your case on a No Win No Fee basis. Contact us at a time that suits you using the below details.
- Call us on 020 3870 4868 or by
- Tell us about your claim online
- Use the pop-up chat window in the corner
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:
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.
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.
For information about how to make a claim for a cycling injury.
For information on how to make a claim for a holiday accident.
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.