My Workplace Is Denying Liability Or Responsibility For An Accident At Work – What Can I Do?
An accident at work could happen because your employer has not taken all reasonable steps to keep you safe. However, if your workplace is denying liability for the accident and the harm it caused, you may be unsure what you can do. This guide explains how to prove a personal injury claim.
After noting the eligibility criteria and time limits for workplace accident claims, we explain how evidence can boost your chances of receiving a payout. Next, we will explain how that payout can reflect financial loss as well as compensate for physical and mental pain.
Lastly, you can see how an expert solicitor from our panel could aid your personal injury claim under a No Win No Fee agreement. If you want to speak to an advisor and get a free assessment of your possible claim, you can:
- Call 020 3870 4868.
- Ask for a consultation regarding your claim online.
- Start a conversation on live chat below.
Select A Section
- What Should I Do If My Workplace Is Denying Liability Or Responsibility For An Accident At Work?
- What Accidents At Work Could I Claim For?
- How Do I Prove My Workplace Was Liable For My Accident?
- What Could My Claim For An Accident At Work Be Worth?
- Can UK Law Help If My Workplace Is Denying Liability?
- Where Can I Read More About Workplace Accident Claims?
If your employer denies liability for an accident at work, but you believe that the accident was your employer’s fault then you will need evidence to prove this. Firstly when thinking about making a personal injury claim after an accident at work, you will need to ensure that you are eligible. This means proving that negligence occurred.
All employers owe a duty of care as established by the Health and Safety at Work etc. Act 1974, to ensure the safety of employees while they are working. This means employers must take all reasonably practicable steps to maintain employee safety, per Section 2 of the Act.
To establish grounds of negligence in a personal injury claim after a workplace accident you must be able to show:
- Your employer owed you a duty of care.
- They breached this duty.
- As a result, you suffered physical and/or mental harm.
A workplace denying liability may make the claims process less straightforward, but if you can meet the above eligibility criteria, you have a valid foundation on which to seek compensation.
How Long After An Accident Could You Claim?
Eligibility to claim is also dependent on the accident at work claims time limits set out by The Limitation Act 1980. Due to this legislation, a personal injury claim must begin within three years of the accident that caused harm.
An employer denying liability should not delay you making a workplace accident claim, so call us and speak to an advisor to find out how long you have to get started. They can also explain the small number of exceptions that can extend the time limit in certain circumstances.
These examples highlight occasions where an employer could breach their duty of care and how an employee could be harmed.
- You suffer crush injuries to your arms, back and legs because an employee lost control of a pallet truck and struck you. The employee was given no training or guidance by the employer.
- Old workplace machinery is not checked for faults. Because of this, a defective machine is not spotted. It traps and traumatically amputates an employee’s hand.
- Construction site workers are not provided with hard hats and other PPE. Bricks fall from a scaffold and hit an unprotected employee on the head, causing serious damage.
If your experience is like any of these examples and your workplace is denying liability, speak to an advisor over the phone to see if you can pursue a personal injury claim.
Proving liability after an accident at work is vital for a claim to succeed. If a workplace is denying liability, then you will need to use documents and other sources to highlight how they breached their duty of care and how this caused you harm.
Such proof might include:
- A copy of your workplace’s accident book.
- CCTV footage of the incident and its cause.
- Photos of the accident scene.
- Medical records. You have the right to ask your healthcare provider for a copy of these records.
- Witness contact details.
A solicitor from our panel could aid in gathering and presenting evidence for a personal injury claim. For more information on this and how to prove employer liability, call our advisors or get in touch online.
A workplace denying liability for your injury at work does not mean that you cannot be awarded compensation for your pain. Should a legal case find that your employer was, in fact, responsible for a workplace accident causing you harm, a settlement could be awarded. Two heads of claim in a settlement can address different kinds of damages.
One of these heads is general damages. Solicitors can assign a value to your injuries and calculate compensation for the physical pain and mental harm caused by an accident.
They could use medical evidence to assist with their calculations, as well as the Judicial College Guidelines. The table you can see below features guideline compensation brackets taken from this document.
This table should only be considered a guide.
|Head||Moderately Severe||£219,070 to £282,010||Serious disability leads to a substantial dependence on constant care from professionals and others.|
|Hand||Total or Effective Loss of Both Hands||£140,660 to £201,490||Serious injury causes extensive damage affecting both hands, making them little more than useless.|
|Serious Damage to Both Hands||£55,820 to £84,570||Injuries lead to permanent cosmetic disability and a significant loss of function.|
|Back||Severe (i)||£91,090 to £160,980||Injuries cause spinal cord and nerve root damage. Serious pain and disability, incomplete paralysis and significantly impaired sexual, bladder and bowel function.|
|Arm||Amputation - Loss of One Arm (i)||Not less than £137,160||The arm is amputated at the shoulder.|
|Other - Severe Injuries||£96,160 to £130,930||While injuries fall short of amputation, they leave the affected person little better off than if the arm is amputated.|
|Leg||Amputation (iii)||£104,830 to £137,470||The above-knee amputation of one leg.|
|Severe Leg Injuries (ii)||£54,830 to £87,890||Permanent mobility issues and a need for mobility aids or crutches will persist for the rest of the injured person's life.|
|Foot||Very Severe||£83,960 to £109,650||This bracket features injuries that cause really serious permanent disability or permanent, severe pain.|
|Neck||Moderate (i)||£24,990 to £38,490||Injuries causing immediate and severe symptoms, that may necessitate spinal fusion. Examples include fractures or dislocations.|
Find Out Other Ways You Could Be Compensated
The second head to a claim is special damages. If you have lost out financially because of injuries suffered in a workplace accident, you could be reimbursed under this head.
You could include:
- A loss of earnings if you miss work due to injury or illness.
- Travel costs. This applies to transport you have to take because of injury.
- Medical expenses or prescription fees.
- Home or vehicle adaptation.
This list is not exhaustive. Give us a call to see what else could be included, and feel free to ask any questions you have about personal injury claim payouts.
If your workplace is denying liability for an accident at work, call our advisors for a free case assessment. They can tell you whether they think you have valid grounds to pursue an accident at work claim. Should it be found you could be eligible to pursue personal injury compensation, they could connect you with a solicitor from our panel. Having the dedicated support of a work injury solicitor from our panel might make this process more straightforward for you, as they have a wealth of experience and knowledge.
Our panels’ solicitors work on No Win No Fee terms and could offer you their services under a Conditional Fee Agreement. This can work well for you as it means no payment for their work:
- During your case.
- At all, if the claim is decided in your employer’s favour.
Winning the case would result in the solicitor capturing a success fee. This is a small percentage deducted from the compensation awarded to you. The proportion that goes your solicitor’s way will never be a majority of the payout because of the cap applied by The Conditional Fee Agreements Order 2013.
You aren’t obligated to start a personal injury claim if you make the most of our free evaluation service. Our advisors can do everything from answering queries about claiming against an employer to providing an assessment to see if you have a valid claim. Moreover, you could be put in touch with a solicitor for more support. To benefit from more of our guidance, choose any of these contact routes:
- Call 020 3870 4868.
- Write to us about your claim online.
- Use the live chat pop-up at the foot of the page to send a message.
Some of our other guides may answer questions you still have:
- You might be asking, “Will I lose my job if I make a claim for an accident at work?”
- What are an employer’s responsibilities for accidents at work? We explore this further here.
- Are you entitled to full pay if injured at work? Read this guide for details on injury at work pay.
Here are some handy resources:
- NHS – Health A-Z.
- GOV.UK – Claiming Statutory Sick Pay.
- Health and Safety Executive – Workplace accident statistics.
Thank you for reading our guide on what to do if your workplace is denying liability or responsibility for an accident.