My Workplace Are Not Admitting Liability For An Accident – How Do I Claim?
This guide will provide information on when you could still be eligible to make a personal injury claim for an accident at work, despite your workplace not admitting liability for it. We will discuss the duty of care you are owed while at work, and the eligibility criteria you must meet to have a valid case.
Additionally, we will share how long you have to start a personal injury claim and the evidence that could be used to support a workplace injury claim. Furthermore, we will explain the different forms of compensation you could be awarded following a successful personal injury claim. This guide will end by looking at how a No Win No Fee solicitor on our panel could assist you with your case.
You can contact our advisors with any additional questions you may have. They can also offer you free advice for your specific case. You can connect with them today by:
Select A Section
- How Do I Claim If My Workplace Is Not Admitting Liability For An Accident?
- What Accidents At Work Could You Claim For?
- What Evidence Could Help Prove My Workplace Is Liable?
- How Much Compensation Could I Be Entitled To Claim?
- How We Could Help If You Were Injured At Work And Your Workplace Is Not Admitting Liability?
- Further Guidance On Accident At Work Claims If A Workplace Is Not Admitting Liability
In accordance with the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. This means they have a responsibility to your safety; therefore, they must take all reasonably practicable steps to ensure your health and safety while in the workplace.
If you have been involved in an accident at work and your workplace is not admitting liability for it, in order to be eligible to make a personal injury claim, you will need to prove:
- Your employer owed you a duty of care.
- They breached this duty.
- As a result of this, you suffered an injury in a workplace accident.
Learn How Long You Have To Claim
You generally have 3 years to begin a personal injury claim for a workplace accident. This time limit is stated in The Limitation Act 1980. However, certain scenarios allow for exceptions to this time limit.
To find out what the personal injury claim time limit exceptions are, you can contact our advisory team. They can also offer you free advice on your case and the steps you could potentially take if your workplace is not admitting liability for your accident.
An accident at work can take many forms. The nature of your work can present hazards and risks that are not present in other roles. However, we’ve included some example scenarios in the list below and how they could cause you to be injured.
- Falling from a height – For example, you may work on a construction site. An employer fails to risk assess a roof before you begin work on it. As soon as you step on the roof, it gives way, causing you to fall straight through, which in turn causes you to sustain a brain injury.
- Slips, trips, and falls – For example, if you work in a warehouse and there is a failure to secure down or tidy away some cable wires properly, you could trip on them and suffer an ankle injury.
- Inadequate training – For example, if your employer fails to provide you with sufficient manual handling training before asking you to complete lifting tasks, this could cause you to suffer from a variety of injuries, such as a strained back.
Remember, to be eligible to pursue a personal injury claim, you will need to present evidence that proves your injuries were the result of your employer breaching their duty of care.
Get in touch today to see whether you could still make a personal injury claim even though your workplace is not admitting liability for the accident.
Gathering evidence is a vital part of the personal injury claims process, especially if your workplace is not admitting liability. Collecting sufficient evidence could help prove whether your employer was responsible for the accident and the types of injuries you suffered as a result. Some examples of the evidence that could be helpful for your case include:
- Workplace accident book – This should be filled out following a workplace accident and could contain information on when and how the accident happened, as well as the steps that were taken following it.
- Medical evidence – Your medical records could be helpful here. They could state the types of injuries you suffered and the treatment you received for them.
- Video evidence – Some workplaces have CCTV cameras. You can request the footage if you appear in it.
- Photographs – Take pictures of any physical injuries you’ve sustained, as well as any hazards that contributed to the accident that caused them.
- Witness contact details – If anyone witnesses your accident, they could be approached at a later date to provide a statement.
If your workplace is denying liability or responsibility for your accident and subsequent injuries, this does not mean you cannot be awarded compensation. Get in touch with our advisors today to learn more about the types of evidence that could be beneficial in supporting a workplace injury claim.
Should you make a successful personal injury claim, you will be awarded general damages, which compensate you for your injuries and the pain and suffering they have caused.
How much compensation you could receive will depend on the various factors affecting your case. For example, the type of injury you suffered, its severity and whether you may have been partially responsible for the injury you suffered.
Professionals responsible for calculating your general damages amount use various resources to assist them. One of these may be the Judicial College Guidelines (JCG). This is a publication that contains compensation guidelines for different injuries. It was last updated in April 2022.
We have included some of these guideline brackets from the most recent edition of the JCG in the table below. Please only refer to them as a guide.
|Paralysis||Paraplegia||Considerations will include levels of pain, remaining independence, and life expectancy.||£219,070 to £284,260|
|Amputation of Arms||Loss of One Arm (i)||One arm where it is amputated at the shoulder.||Not less than £137,160|
|Injuries Affecting Sight||Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (ii)||Complete loss of sight in one eye with the other suffering with reduced vision.||£63,950 to £105,990|
|Leg||Severe (ii)||Permanent mobility issues with crutches or other mobility aids needing to be used for the remainder of the person's life.||£54,830 to £87,890|
|Wrist||Complete Loss of Function||When the injury causes a complete loss of function in the joint.||£47,620 to £59,860|
|Ankle||Moderate||Issues with walking for long periods or on uneven ground due to a ligamentous tear or fracture.||£13,740 to £26,590|
|Foot||Moderate||A permanent foot deformity due to a displace metatarsal fracture that causes continuing symptoms.||£13,740 to £24,990|
|Arm||Simple||A simple fracture of the forearm.||£6,610 to £19,200|
|Shoulder||Clavicle Fracture||Factors such as any residual symptoms will be taken into consideration.||£5,150 to £12,240|
Could I Claim Other Types Of Damages?
Some claimants can also be eligible to receive a second head of claim, called special damages. This head accounts for the financial impacts caused by your injuries. Some examples include:
- Loss of earnings.
- Medical expenses.
- Travel costs.
- The cost of mobility aids.
Keeping any relevant documents that prove these losses could be beneficial to your claim. Examples could include bank statements, payslips, and invoices.
Contact our advisors to see whether you could still be eligible to make a personal injury claim despite your workplace not admitting liability. They can also offer you a free valuation of your case.
If you’ve been injured due to your employer breaching their duty of care, then one of the solicitors on our panel could assist you in making a personal injury claim. If they agree to take on your case, they may offer to work with you under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement.
With a CFA in place, you aren’t required to pay your solicitor anything upfront in order to access their legal services. You also will not have to pay them for the work they have provided while your case is in progress or if it fails.
They will take a legally capped percentage of your compensation following a successful claim. This is referred to as a success fee.
You may still have a valid personal injury claim despite your workplace not admitting liability for your accident. You can get in touch with our team of advisors today to discuss your case. They can assess your eligibility and may put you in contact with a No Win No fee solicitor from our panel.
To connect with our advisors today, you can:
More guides regarding accident at work claims by us:
- Information on when you could make a workplace forklift accident claim for your injuries.
- Help if you are wondering whether suing an employer for your injuries could create problems.
- Advice on claiming due to no training to perform your workplace duties safely caused an injury.
Information from other sources:
- Introduction to managing health and safety – Health and Safety Executive (HSE).
- Litigation friends – GOV.UK.
- Health A to Z – NHS
Contact our advisors today to see whether you are eligible to make a personal injury claim despite your workplace not admitting liability for the accident.