When Could You Claim If An Accident Left You Unable To Work?
By Lewis Aaliyah. Last Updated 4th May 2023. In this guide, we explain when you could make a claim if an accident has left you unable to work. We outline the duty of care that is owed in different scenarios, including in the workplace, on the road and in public, and provide examples of how an accident could happen if this duty is not adhered to.
Additionally, we cover the criteria that you will be expected to meet if you have been injured in an accident at work, a road traffic accident, or an accident in public. Furthermore, we highlight how long you generally have to begin a personal injury claim.
Further into our guide, we discuss the compensation that you could be awarded if your claim succeeds and how settlements could be calculated.
Our guide also explores the evidence that can help to support your potential claim as well as how a solicitor offering their services on a No Win No Fee basis could help you with gathering this.
Please continue to read our guide for more information. Alternatively, you can discuss your claim directly with a member of our team. Please use your preferred method of contact below:
- Call us on 020 3870 4868
- Contact us by filling out our form
- Chat with an advisor by referring to our live advice feature
Select A Section
- When Could You Claim If You Are Unable To Work After An Accident?
- Evidence Which Could Help Support Your Claim
- Calculating Compensation For An Accident
- What Losses Could You Claim If Unable To Work After An Accident?
- Why Contact UK Law About How An Accident Has Impacted You?
- Learn More About How To Claim If An Accident Has Left You Unable To Work
You will be required to meet certain criteria when making a personal injury claim after an accident has left you unable to work. This includes being able to show that:
- You were owed a duty of care.
- There was a breach of this duty.
- This breach caused you to suffer injuries.
If a breach of duty leads to you suffering injuries, this amounts to negligence, for which you could seek compensation.
In the sections below, we provide further guidance on who owes a duty of care and the legislation that outlines their responsibilities.
Accident At Work Claims
Under the Health and Safety at Work etc. Act 1974, your employer has a duty to take reasonably practicable steps to ensure your safety and welfare in the work environment.
Examples of steps they may take include:
- Conducting consistent risk assessments.
- Keeping up to date with maintenance on equipment.
- Providing sufficient training to their staff.
You could be eligible to make an accident at work claim if this duty is not upheld and you experience injuries as a result.
Road Traffic Accident Claims
The Highway Code provides guidance on the responsibilities road users have. It also contains rules which are backed by laws.
Additionally, the Road Traffic Act 1988 outlines the duty of care that should be met by road users. They should navigate the road in a way which prevents harm to themselves or others.
They can do this by:
- Adhering to the speed limit when driving.
- Following road signs and adhering to road markings.
- Not using their phone while operating a vehicle.
A road traffic accident claim could be made if this duty was not adhered to and you experienced physical or mental harm as a result.
Public Liability Claims
Under the Occupiers’ Liability Act 1957, the party in control of a public space has a duty to take steps to ensure the reasonable safety of their premises and the people visiting for it’s intended purpose.
They can do this by:
- Signposting any hazards that may be present.
- Performing risk assessments and addressing any hazards they become aware of.
You could be eligible to make a public liability claim if you have suffered injuries after an accident in a public place due to a breach of this duty.
Personal Injury Claim Time Limits
If you are unable to work after sustaining injuries from an accident, you could be eligible to make a claim, provide the eligibility requirements are met. This can also include adhering to the time limits in place for starting a personal injury claim.
The Limitation Act 1980 sets out this restriction, highlighting that generally, you will have three years from the date of your accident to begin a claim.
However, in some cases, exceptions could be made. To learn more about time limits in relation to personal injury claims, please reach out to us.
Being able to establish negligence in your claim is important. This can be supported with evidence. Examples of evidence that can help you include:
- Witness contact information: Having these details will be useful as they can be contacted at a later date to provide a statement.
- CCTV footage or dashcam footage: Visual evidence can be helpful in illustrating how the accident occurred and who was at fault.
- Copies of medical records: Doctor’s notes or copies of X-rays can demonstrate the nature of harm that you experienced.
If you have been involved in an accident as a result of negligence and you are unable to work, get in touch with an advisor. They could assign a solicitor from our panel to your case. A solicitor can help you gather evidence to support your claim.
Personal injury settlements can be divided into two heads. The first of these is general damages, which aim to compensate you for the pain you have experienced because of your injuries.
During the process of valuing your injuries, solicitors may use the Judicial College Guidelines, which contain guideline award brackets. Some of these have been included in the table below.
|Head||Moderate (c) (i)||There is a moderate to severe intellectual deficit, an effect on personality and the senses and no prospect of employment.||£150,110 to £219,070|
|Head||Moderate (c) (ii)||A moderate to modest intellectual deficit, with an impact on the ability to work.||£90,720 to £150,110|
|Arm||Severe (a)||Whilst falling short of amputation, the injury is extremely serious and leaves the person little better off than if the arm was lost.||£96,160 to £130,930|
|Leg||Severe (b) (ii)||Very serious injuries causing issues with mobility and requiring permanent mobility aids.||£54,830 to £87,890|
|Leg||Severe (b) (iv)||Multiple or complicated fractures, usually to a single limb.||£27,760 to £39,200|
|Knee||Severe (a) (ii)||Fractured leg affecting the knee joint causing permanent pain and limiting movement.||£52,120 to £69,730|
|Back||Severe (a) (iii)||Fractures of discs and disc lesions are covered in this bracket.||£38,780 to £69,730|
|Back||Moderate (b) (ii)||This bracket includes prolapsed discs that require a laminectomy.||£12,510 to £27,760|
|Neck||Severe (a) (iii)||Severe damage to soft tissues and ruptured tendons that cause chronic conditions as well as permanent and significant disabilities.||£45,470 to £55,990|
|Foot||Modest (g)||This bracket includes injuries that cause ongoing symptoms including a permanent limp, pain or aching, such as simple fractures and ruptured ligaments.||Up to £13,740|
The amounts should be viewed only as guidance. The figures are not definite, and your own compensation award may differ in comparison.
For more information on this aspect of your settlement may be calculated, get in touch on the number above.
The other head of claim you could receive is special damages. These cover the financial damage you have incurred because of your injuries. For example, if they have left you unable to work either permanently or temporarily, you incur a loss of earnings. If you have evidence of these losses, such as payslips, you could claim them back under this head of claim.
Additionally, you may be able to claim back other losses associated with the injuries you have sustained, such as the cost of:
- Domestic care
- Home adaptations
- Medical care
What Happens If I Can’t Work Due To Injury – Do I Get Sick Pay?
You might be wondering, ‘What happens if I can’t work due to injury – do I get sick pay?’ If you are too ill or have been injured at work, you could be entitled to receive Statutory Sick Pay (SSP). As part of the government scheme, you could get £109.40 per week in SSP. It is paid by your employer for up to 28 weeks.
However, you are only able to get SSP from the fourth day that you are off sick. Additionally, you will need to prove that you are eligible to receive SSP. In order to qualify, you must:
- Be an employee and will have done some for work for your employer.
- Earn at least £123 per week.
- Have taken at least four days off in a row due to being ill or injured, including any non-working days.
Furthermore, you must tell your employer that you are not able to work within seven days if they have not set a deadline for when you must inform them.
If you have been injured in an accident at work due to your employer breaching their duty of care, then you may be able to claim a loss of earnings as part of your personal injury claim if you’ve required time off work.
Contact our advisors today if you are still wondering, ‘What if I can’t work due to an injury, could I make a claim?’ They could provide you with free advice on how to make an accident at work claim and may connect you with a solicitor from our panel who could assist you with your case.
When you are making a claim after suffering injuries that have caused you to be unable to work, you may benefit from using the services of a solicitor. They could offer to work on a No Win No Fee basis, putting forward a Conditional Fee Agreement.
These typically mean that if your claim is unsuccessful, you usually will not pay for your solicitor’s services. Alternatively, if your claim is a success, your solicitor will take a success fee. This is an amount which a solicitor deducts from your compensation. The percentage they are legally permitted to take is restricted by the Conditional Fee Agreements Order 2013.
How To Contact Us
To learn more about No Win No Fee arrangements, please get in touch with our team. You could be connected with a solicitor from our panel who can assist you in the process of your claim.
Additionally, if you have any queries related to claiming after an accident that left you unable to work, please get in contact with our team. They can provide a free assessment of your case. To get in touch, you can:
- Call us on 020 3870 4868
- Fill out our ‘claim online’ form
- Use our online feature to start a chat with an advisor
More of our personal injury guides:
- Hip Fracture Compensation Claims
- Claiming Compensation For A Permanent Injury
- How Do I Prove My Car Accident Injury?
External sites that are helpful:
- First Aid In Work – HSE
- Road Accidents And Safety Statistics – Government Guidance
- How Do I Know If I’ve Broken A Bone? – NHS
Thank you for taking the time to read our guide on when you could claim if an accident left you unable to work. If you have any other questions, get in touch using the details provided above.
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