I Had A Work Related Injury, Who Pays My Compensation?
By Danielle Fletcher. Last Updated 17th February 2023. Are you wondering after a work-related injury, who pays? If so, our guide may be able to help. Firstly, we’ll explore how an employer could be liable for an accident that causes someone to suffer an injury. For instance, they may have breached their duty of care or failed to fulfil their responsibilities.
Work-related injury; who pays? A guide
However, it’s important to note that even though an employer has a duty of care to keep you safe, they aren’t always liable. In order to seek compensation though, you must hold a valid claim which means negligence needs to have occurred. Our guide will help you understand how you can determine this.
Additionally, we will explore the question ‘I was injured at work, what are my rights?’ by looking at how you can navigate the difficulties that may arise when making a claim against your employer.
The most important thing to remember is your employer can’t legally fire you for making an honest injury at work claim. However, we will look into this in more detail throughout this guide.
I Was Injured At Work, Who Will Pay My Compensation Settlement?
After reading our guide, you may be eager to get started with your case. If our advisors determine that your claim is valid, they can appoint a solicitor from our panel to represent you.
However, we understand that you may be unsure of seeking legal representation due to the costs normally associated with doing so. If so, our panel offer the option of a No Win No Fee agreement that could help.
For more information on how this could benefit you, continue reading or call our team using the number above.
Get In Touch With Our Team
Don’t forget to get in touch with our team at any point. They are available 24/7 and can answer any queries you may have about making a personal injury claim. All you need to do is use one of the options below to speak to an advisor:
- Call us on 020 3870 4868
- Request for an advisor to call you back
- Receive instant help from an advisor by using the live chat feature below
Services And Information
- Everything You Need To Know About I Had A Work-Related Injury, Who Pays My Compensation?
- What Is A Work-Related Injury?
- Employers Duty Of Care To Prevent Work-Related Injuries
- Employers Responsibilities To Ensure Safety And Deal With Accidents
- What Is Employers Liability Insurance?
- Work-Related Injury Who Pays Compensation Calculator
- What Happens If My Employer Did Not Have Insurance?
- When Could A Businesses Be Exempt?
- What Are My Rights If I Suffer A Work-Related Injury?
- How Long Do I Have To Claim For A Work-Related Injury?
- I Suffered A Work-Related Injury, What Should I Do?
- Have You Had An Accident At Work? – See If You Could Claim With A No Win No Fee Lawyer
- Useful Pages
- FAQs – I Had A Work-Related Injury, Who Pays My Compensation?
Everything You Need To Know About I Had A Work-Related Injury, Who Pays My Compensation?
It’s not unreasonable to expect your employer to provide a level of care to your health and safety. However, sometimes an employer might fail to do so which could result in accidents happening and causing injury to an employee.
There are various types of accidents that could take place in the workplace. However, for you to seek compensation in a personal injury claim, it needs to be proven that your employer was negligent. In order to do this, three things must have occurred:
- Your employer owed you a duty of care
- They breached their duty of care
- This resulted in you suffering an injury either physical and/or psychological
For instance, an employee suffering hearing loss from being overexposed to loud machines due to their employer failing to put preventative measures in place.
This could include providing ear protection, making sure the noise level of any machines complies with the industry standards or rotating people so no one is exposed for long periods of time.
If your claim meets the three criteria above, you could begin the process of building a strong case.
Please continue reading for further information or if you need help determining whether negligence occurred in your workplace accident, speak to a member of our team on the number above.
What Is A Work-Related Injury?
A work-related injury could happen due to a slip, trip or fall to being struck by a moving object.
According to the Reporting of Injuries, Diseases and Dangerous Occurrences (RIDDOR), slips, trips and falls were commonly reported accidents in 2019/20 making up 29% of non-fatal accidents. Additionally, RIDDOR recorded 35 fatalities caused by falls from height in 2020/21.
These kinds of accidents could result in various types of injuries such as fractures, sprains or strains or head injuries. The graph below shows commonly reported injuries through RIDDOR in 2019/20.
As you can see, fractures were amongst the most common, followed closely by sprains and strains. Although it’s not specified how these accidents occurred, some examples of how a fracture might occur could include:
- Slipping on a wet floor due to someone failing to put a wet floor sign down
- Falling over equipment that someone left on the stairs
- Tripping over wires that your employer failed to keep tidy
- Something falling on you after it hadn’t been stored away properly
Employers Duty Of Care To Prevent Work-Related Injuries
As per the Health and Safety at Work etc. Act 1974, your employer has a duty of care to do everything they reasonably can to keep you safe.
However, this might be different for each workplace. For example, an employer may need to provide training to retail or stockroom staff on moving, storing and unpacking stock safely to prevent accidents.
Whereas, employers of factory workers may need to provide Personal Protective Equipment such as safety goggles, ear protection or appropriate footwear.
Additionally, more general responsibilities might include your employer:
- Providing employees with appropriate breaks during the working day and in between shifts
- Having appropriate facilities for staff to use, e.g. toilets or a place to access drinking water
Either way, if your employer isn’t doing everything they practicably can, this may be a breach of their duty of care.
Employers Responsibilities To Ensure Safety And Deal With Accidents
In addition to the above duty of care, an employer may have additional responsibilities to adhere to. These help to ensure staff remain safe and there are procedures in place to deal with accidents.
This might include putting preventative measures in place, such as:
- Training staff to do the job safely and effectively, e.g. using specialist equipment
- Providing an induction to new staff about the job role, hazards or policies they must follow
- Carrying out risk assessments to maintain a safe workspace and the safety of any equipment
- Taking action if an employee has made them aware of potential risks in the workplace
- Providing first aid training to staff and having relevant equipment to deal with accidents when they arise
What Is Employers Liability Insurance?
To answer your question following a work-related injury, who pays? The Employers’ Liability (Compulsory Insurance) Act 1969 states that employers need to have liability insurance in the event of an accident taking place.
As the insurance will pay the compensation rather than the employer, it covers employers for any costs that may need to be paid out if an employee makes a claim. This includes any compensation that may be paid to an employee making a personal injury claim.
It’s not only beneficial to preventing any claims from affecting the financial stability of the business, but it also ensures that employees get paid their full compensation amount.
Work-Related Injury Who Pays Compensation Calculator
We understand you may have attempted to calculate your compensation by using a personal injury claims calculator. However, as an alternative, we have provided a table below which includes examples of different injuries and the compensation you could be awarded for them.
Firstly though, it’s important to understand how compensation is worked out. Your compensation will comprise general damages which cover your injury and the impact it’s had on your quality of life.
However, in some cases, you may also be entitled to claim back any financial losses under special damages. These cover both your past and future monetary losses that have occurred as a direct result of your injury. For instance, loss of earnings or travel expenses.
The table below provides example figures of what you could claim under general damages. Any special damages will be worked out separately. For that reason, you should only use the figures as a guide as your overall compensation settlement may differ.
| Type of Work-Related injury | Other details | Award |
|---|---|---|
| Leg | (i) A less serious fracture or soft tissue injury that has resulted in the person being unable to fully recover and suffering ongoing symptoms such as impaired mobility. | £16,860 to £26,050 |
| Leg | (iii) A less serious simple tibia or fibula fracture that has left some ongoing symptoms that are minor in nature. | Up to £11,110 |
| Arm | A severe arm injury that falls short of amputation where severe symptoms that continue to persist. | £90,250 to £122,860 |
| Arm | A less severe arm injury where the person has made a significant recovery with some symptoms continuing to have an affect. | £18,020 to £36,770 |
| Head | A minor head injury that has caused minimal brain damage, if any. | £2,070 to £11,980 |
| Injuries affecting sight and hearing | Injuries that have resulted in the person becoming completely blind and deaf. | In the region of £379,100 |
| Injuries affecting sight | A minor eye injury resulting in the person’s vision being temporarily affected. | £3,710 to £8,200 |
| Injuries affecting hearing | Injuries that have resulted in the person becoming completely deaf in one ear. | £29,380 to £42,730 |
The figures are provided by the Judicial College Guidelines which is a document often used to help value personal injury claims.
What Happens If My Employer Did Not Have Insurance?
Most employers should have employers liability insurance as per the act. If they don’t they could face fines for failing to adhere to the law.
However, in the event that they don’t and you make a claim against them, the employer would be the one to pay the compensation directly.
When Could A Businesses Be Exempt?
Despite it being compulsory for employers to have liability insurance, there are certain businesses that are exempt. For instance:
- Family businesses where all employees are closely related to the employer unless they are a limited company
- The majority of public organisations such as government departments, local authorities or police authorities
- Health service bodies such as the NHS
- Certain organisations that are financed through public funds such as passenger transport executive
- Companies that only employ the owner
What Are My Rights If I Suffer A Work-Related Injury?
If you are injured in an accident within the workplace or a place that your employer has partial control of you have the right to make a personal injury claim if your case meets certain criteria. Not all accidents that happen in the workplace will mean your employer is liable for any injuries that have occurred as a result. An accident at work claim is possible if you are able to prove that you were injured because your employer acted in a negligent manner that caused you an injury that could have been avoided.
You might also be wondering ‘can I be sacked for having an accident at work?’. In short, your employer cannot legally sack you if you had an accident at work that wasn’t your fault. If they do, you have the right to make a claim for unfair dismissal.
How Long Do I Have To Claim For A Work-Related Injury?
For most personal injury claims, you will have three years to start your claim. The three years could start from two points, either from the date of the accident or the date you gained information that your employer’s failings caused or contributed to your injury.
However, this is different for anyone under the age of 18. Instead, the three years will begin from the date of their 18th birthday. Alternatively, before they turn 18, a parent, guardian or solicitor could put forward the claim on their behalf by applying to act as a litigation friend.
Similarly, there are exceptions to the time limit for anyone who isn’t mentally able to claim for themselves. If the person recovers their mental capabilities, the three years would start from the recovery date. However, if they don’t, the three years are suspended indefinitely.
Furthermore, it may be possible for a litigation friend to act during the time the person lacks the mental capacity to claim.
I Suffered A Work-Related Injury, What Should I Do?
There are a few things you can do after suffering an accident at work if you are considering making a personal injury claim.
Firstly, you should ensure you seek medical treatment for any injury. Please note whether you are making a personal injury claim or not it is always advised to have any injury checked out so that a speedy recovery can be made. However, seeking medical care can help you obtain useful medical evidence to support your claim.
This might be in the form of records that highlight any appointments, treatment, medication prescribed, tests or diagnoses given. Also, as part of your claim, you may receive an independent medical assessment that can provide a report outlining the extent of your injuries. It can also help to prove you sustained them in the accident in question.
Additional evidence to prove the accident happened might include:
- Details of the accident logged in the accident book
- CCTV footage
- Pictures of the accident
- Details of any witnesses
All of this evidence can be helpful when seeking compensation for your injury under general damages. However, if your claim includes special damages, you might also require:
- Payslips to demonstrate loss of earnings, loss of attendance bonus or pension
- Receipts to show travel expenses or care costs
If you need any further help or information on evidence, speak to a member of our team on the number above.
Have You Had An Accident At Work? – See If You Could Claim With A No Win No Fee Lawyer
If you suffered an injury that was work related and caused by employer negligence, you may like to have a lawyer support your claim. They can help you navigate the claiming process. You could have the support of a lawyer under a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA).
Your No Win No Fee lawyer typically won’t charge you an upfront payment for their services, nor are there usually any ongoing costs for you to cover. If your lawyer succeeds in recovering compensation, they take a success fee from your award. This is limited by the law. However, should your lawyer not succeed, they usually won’t ask for a payment to cover their services.
Have you had an accident at work? Call our advisors for free legal advice. They can assess the circumstances of your work related injury, and if it seems like you have a valid claim, they can put you in touch with a lawyer from our panel. The personal injury lawyers on our panel typically offer their services under a No Win No Fee arrangement.
To speak to an advisor:
- Request a call back.
- Call 020 3870 4868
- Use our live webchat at the bottom of the screen.
Useful Pages
See the Health and Safety Executive website for more details on workplace accident statistics.
The Royal Society for the Prevention of Accidents has further information on occupational safety.
Visit the NHS for any medical advice.
See our guide for further information on your rights after an accident at work.
If you’re an agency worker seeking compensation, our guide could help.
Are you self-employed and suffered an accident? See our guide for the process you could take.
FAQs – I Had A Work-Related Injury, Who Pays My Compensation?
In the following section, we’ll explore the answers to some questions about the rights you have after an accident at work.
What happens if you have an accident at work?
If you have a workplace accident, you should ensure you seek medical advice so you can receive proper treatment. Additionally, you should ensure you report it in the accident workbook.
Can I be sacked for having an accident at work?
This depends on how the accident was caused.
Could I be put on sick pay after being injured at work?
You may have the right to Statutory Sick Pay if you need time off because of an accident at work.
Thank you for reading our guide exploring if you’ve had a work-related injury, who pays.
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