When Could I Make An Injury At Work Claim?
Have you been hurt by an accident at work caused by employer negligence and need to make an injury at work claim? This guide could help.
In this guide, we look at the steps you can take either independently, or with the help of a personal injury solicitor.
It might seem nerve-racking to sue your employer. You may be worried that you could lose your job if you claim for an accident at work. However, under law, your employer shouldn’t discriminate against you or treat you unfairly for making an honest claim.
In the sections below we hope to reassure you that a claim can be quite straightforward with the right information and evidence. If you would prefer to speak to someone now, please feel free to contact our advisors by:
- Calling us on 020 3870 4868
- Contacting us online
- Using the ‘live support’ portal to the bottom right
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- Can I Make An Injury At Work Claim?
- What Accidents Could You Be Eligible To Claim For?
- Who Could I Be Eligible To Make An Injury At Work Claim Against?
- How Do You Make An Injury At Work Claim?
- Injury At Work Claims Calculator
- Contact A No Win No Fee Specialist
Firstly, you could make a personal injury at work claim either alone or with the help of a personal injury lawyer. If you can prove that you suffered an injury as a direct result of your employer’s breach of their duty of care, you could be eligible.
To be able to claim, you’d need to show that:
- Your employer owed you a duty of care
- They breached this duty, causing an accident or incident
- You suffered an injury as a result
You’d also need to make a claim within the appropriate time limit. There is generally a three-year time limit to claim for personal injury compensation. This generally starts from the date of the accident or the date you gained knowledge that negligence at least contributed to the injuries.
It’s not a legal requirement to have a personal injury solicitor represent you. But it’s important to note that cases like this can be complex and demanding. A lawyer handling all the communication and paperwork could enable you to concentrate on getting well while they take care of everything on your behalf.
How Many People Are Injured At Work?
The Health and Safety Executive (HSE) is a government body that enforces health and safety legislation. They also provide statistics regarding health and safety in Great Britain (2020/21).
Their statistics include non-fatal injuries as reported under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). There were 51,211 overall. There were 142 fatalities at work that year too.
A typical accident at work that people can claim for could include those that are caused by employer negligence and result in injuries.
Accidents can include:
- Slipping on a wet or icy floor
- A trip caused by unstowed cables
- Lacerations from machinery malfunction
- Head injury from falling materials
- Repetitive strain injury (RSI)
- Hearing damage from industrial noise
- Burns or scalds from fire or chemicals
- Head, eye, lung, or foot injuries if proper personal protective equipment (PPE) is not supplied
- Violence at work
- Falling from a height
Negligence by employers that cause accidents could mean you have a valid claim if you suffer an injury as a result.
If you can provide proof to support your assertion that your employer was at fault, you could launch your claim for compensation.
To check the validity of your claim, speak with our advisors now for help on any of these points.
There is a law called the Health and Safety at Work etc. Act 1974 that applies a ‘duty of care’ on employers to do everything they reasonably can to ensure the workplace is as free of risk as possible. Under Section 2 of this law, employers can take specific actions such as:
- The maintaining of a safe and hazard-free work environment as far as reasonably practicable
- Provide adequate training and supervision
- Conduct the correct maintenance of tools and machinery
- Ensure proper handling, storage, and transportation of hazardous substances
- Conduct regular risk assessments
- Display clear health and safety signage
As an employee. contractor or self-employed person on-site, you could be eligible to make a claim against the employer or owner/operator responsible for your injuries.
There are some practical steps to making an injury at work claim and establishing if your employer is responsible following a workplace accident. The list below explains:
- First and foremost, have your injuries properly attended to
- Report the injuries in the workplace accident book
- If the injuries are notifiable, your employer must report them using RIDDOR
- Get contact details from witnesses for statements at a later date
- Take photos of the scene
- Request CCTV footage if it’s available
- Access your medical records or hospital admission details as proof
- Lastly, if you wish to, seek legal advice
Our advisors give no-obligation, free legal advice. Why not get in touch today?
There are two heads of claim: general damages and special damages.
General damages compensate you for your injuries (whether mental or physical). This includes the pain, suffering, or loss of amenity caused by the injury.
Your injuries can be compared with similar ones listed in the Judicial College Guidelines which can be used to assess the value of your injuries.
|Brain||Less Severe Brain Damage||£14,380 to £40,410|
|Psychiatric Damage Generally||Severe||£51,460 to £108,620|
|Injuries Affecting Sight||Total Blindness and Deafness||In the region of £379,100|
|Deafness/Tinnitus||Slight or occasional tinnitus with slight Noise-Induced Hearing Loss.||£6,910 to £11,820|
|Chest Injuries||(b) Traumatic injury to chest, lung(s), and/or heart causing permanent damage||£61,710 to £94,470|
|Digestive System||Damage Resulting from Traumatic Injury (i)||£40,370 to £58,100|
|Hernia||(a) Continuing pain and/or limitation on physical activities, sport, or employment, after repair.||£13,970 to £22,680|
|Neck Injuries||Moderate (i)||£23,460 to £36,120|
|Back Injuries||Minor (ii)||£2,300 to £7,410|
|Shoulder Injuries||Serious||£11,980 to £18,020|
Please note: these amounts are not guaranteed. They merely offer a guide figure should compensation be awarded.
Special damages compensate you for the financial losses associated with your injuries. You must have documented proof that is directly related to the injury to back up this request, but you could claim for:
- Loss of earnings from being unable to work
- Travel expenses to get to work or hospital
- Changes to your home, such as installing wheelchair access if you suffered a disability
For a free estimate of what you could seek in an injury at work claim, get in touch with our advisors today.
Importantly, many people have cost concerns about hiring solicitors. A No Win No Fee agreement can offer a solution. Also called ‘conditional fee agreements‘, they are a way for people to attain the services of a solicitor without the need to pay any upfront fees. There are also no solicitor fees required as the case goes forward.
In addition to this, you only need to pay a small percentage from your settlement to cover solicitors’ costs if the case wins. This is capped by law. This means you can get the bulk of the payout. If for some reason the case fails, you do not need to pay your solicitor a penny for their fee.
With this in mind, why not find out more by contacting our team? You can do this by:
Injury At Work Claims – Find Further Resources
Read more on being compensated after a slip, trip, and fall accident
More information on who has the responsibility for recording injuries at work
Details about suing your employer while you still work for them
Do you need guidance about Statutory Sick Pay (SSP)?
Or help from the NHS on how to pay for self-funded care?
Finally, you can access advice from the government about financial help if you’re disabled
If you have any more questions about making a personal injury at work claim, get in touch.
Checked by HT