How To Make Part Time Staff Accident At Work Claims
In this guide, we will look at when and how you could make a personal injury claim following a part time staff accident at work. Whether you are a full time staff member or a part time staff member, your employer owes you a duty of care whilst you are at work. We will explain this duty of care and look at the relevant legislation in this guide.
Furthermore, we will look at how a worker could be injured at work and discuss the personal injury claims criteria of eligibility.
In addition to this, we will discuss the evidence you could gather to support an accident at work claim.
Finally, we will look at some of the services that a personal injury solicitor could provide. Also, we will explain how you could access these services without making upfront or ongoing payments. Continue reading to learn more.
You can also contact a member of our team today for free and confidential advice related to your potential accident at work claim. They have access to our panel of No Win No Fee personal injury solicitors but will not place you under any obligations to further your potential claim.
To speak to an advisor:
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- How To Make Part Time Staff Accident At Work Claims
- Injuries Caused By Accidents At Work
- Proving Your Employers Liability
- Part Time Staff Work Injury Payout Calculator
- Begin Your No Win No Fee Claim For A Part Time Staff Accident At Work
- Learn More About Pursuing Compensation for An Accident At Work
To make a personal injury claim for a part time staff accident at work, there is a criterion of eligibility that must be met. This is because you must be able to prove the occurrence of negligence. The criteria for eligibility are as follows:
- Firstly, your employer owed you a duty of care at the time and place that your accident occurred.
- Secondly, your employer breached this duty of care.
- Finally, this breach caused you to sustain physical injuries and/or psychological illness.
This is employer negligence. On the basis of this, you could bring forward a personal injury claim.
The Health and Safety at Work etc. Act 1974, which sets out employer duty of care, states that employers must perform all reasonably practicable steps to ensure that their employees are safe at work.
These reasonably practicable steps can include the following:
- Carrying out maintenance and repairs within an adequate time period
- Performing risk assessments
- Providing staff with proper training
To make a personal injury case, you must also ensure that you start your claim within the relevant limitation period. We will outline this in the following section.
Time Limits Applying To Part Time Accident At Work Claims
The legislation that sets out the relevant time limits applicable to your potential accident at work claim is the Limitation Act 1980. This explains that you will have three years to begin your claim from the date of the accident at work.
However, there are circumstances that could lead to exceptions to this limitation period. If you are uncertain about whether your claim is within the correct time limits, you can speak to a member of our team for information and advice.
The Health and Safety Executive (HSE), which is the regulator for workplace health and safety in Britain, provide statistics showing that there were 61,713 non-fatal workplace injuries in 2021/22. These figures come from employer reports under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) and show that slip, trip and fall accidents, manual handling and being struck by moving objects are the most common causes of non-fatal workplace injuries.
Various types of injuries could be sustained in an accident at work. For example:
- Broken bones or fractures
- Sprains and strains
- Cuts and scrapes
- Soft tissue injuries
- Brain damage from a head injury
- Crush injuries
- Fatal injuries
If you have sustained injuries because your employer breached the duty of care owed to you as their employee, please speak to a member of our team.
To make a personal injury claim, it is important that you obtain evidence to prove employer liability, as you must show the occurrence of negligence. Below, we will provide some examples of the evidence you could collect to strengthen your claim:
- CCTV footage
- A diary of your symptoms and any treatment
- A copy of your medical records
- The contact details of any witnesses
- The report from the accident at work book
Don’t hesitate to contact our team of advisors regarding your potential claim, they can provide insight into the evidence you could gather in support of your case.
For a successful part time staff accident at work claim, you could receive up to two types of damages: general and special damages.
General damages compensate for the physical and psychological pain and suffering caused by your workplace injury. As a guide to general damages, we have created the table below using the Judicial College Guidelines (JCG). Accident at work solicitors can also use these guideline compensation brackets to help them value personal injury claims.
Guideline Compensation Table
Injury Severity Guideline Compensation Brackets Notes
Brain Damage (b) Moderately Severe £219,070 to £282,010 The injured person is very seriously disabled and will substantially depend on others with a need to have constant care.
Neck Injury (a)(i) Severe In the region of £148,330 This bracket includes injuries connected to incomplete paraplegia, or that result in permanent spastic quadriparesis.
Hand Injury (c) Total or Effective Loss of One Hand £96,160 to £109,650 This bracket includes a hand that has been crushed and requires surgical amputation, or instances where all of the fingers and most of the palm are traumatically amputated.
Back Injury (a)(ii) Severe £74,160 to £88,430 Nerve root damage with related loss of sensation, impaired mobility, unsightly scarring, and impaired bladder and bowel function.
Wrist Injury (a) Loss of Function £47,620 to £59,860 Total loss of wrist function.
Ankle Injury (b) Severe £31,310 to £50,060 Injuries that lead to the person needing an extensive period of treatment.
Shoulder Injury (a) Severe £19,200 to £48,030 Typically connected to brachial plexus damage and neck injuries causing significant disability.
Hip and Pelvis Injuries (b)(i) Moderate £26,590 to £39,170 A significant injury where any permanent disability will not be major and future risk not great.
Leg Injury (c)(i) Less Serious £17,960 to £27,760 Fractures from which the person makes an incomplete recovery, or serious soft tissue injuries.
Arm Injury (d) Simple Fractures £6,610 to £19,200 Simple fractures of the forearm.
Please note that this table is a guide and not a guarantee of what you would receive.
Furthermore, your claim could include special damages. This accounts for the financial losses incurred due to your workplace injury.
Examples may include:
- Travel costs
- Care costs
- Loss of earnings
- Home adaptations
It is important to provide supporting evidence to prove these losses. This could include payslips, invoices, receipts and travel tickets.
To receive an estimated valuation of your potential personal injury claim, please speak to one of our advisors.
A No Win No Fee solicitor could offer to work on your part time staff accident at work claim under a Conditional Fee Agreement (CFA), as this is a type of No Win No Fee arrangement. This would mean you wouldn’t be expected to pay upfront for the services of your solicitor, nor would you be expected to make these payments whilst your claim is ongoing. Also, you typically wouldn’t pay for these services at any time if your claim should not succeed.
However, should your claim succeed, your solicitor can deduct a success fee from the compensation. This is a small percentage which legislation caps. Therefore, a No Win No Fee solicitor cannot overcharge you.
For an evaluation of your claim, speak to a member of our team. If they find that you could have an eligible accident at work claim, they may connect you with one of the No Win No Fee solicitors from our panel.
Talk To Our Specialist Team
Please don’t hesitate to speak to one of our friendly advisors today. They can provide advice and insight into the eligibility of your claim.
To speak to an advisor:
Finally, we will include some sources for you to explore for further information and support:
- A guide to agency worker injury claims.
- Find information on can I be sacked for making a personal injury claim
- A guide to workplace accident claims during your probation period.
- How To Claim For A Zero Hour Contract Staff Accident At Work
Thank you for reading this guide on how and when you could make a personal injury claim following a part time staff accident at work.