What Should I Do If I Had A Workplace Accident During My Probation Period?
What Are Workplace Accidents During Your Probationary Period?
By Daniel Archer. Last Updated 15th June 2022. Have you suffered an injury in an accident during your probation period? Do you have questions about your injury at work rights? If so, this article will discuss what you need to know about claiming for an accident at work during your probation period. It will explore work-related injury sick pay, how to find a personal injury solicitor, and the personal injury claims time limit.
Some employees may suffer an accident at work during their probation period due to their employer’s negligence, for example, falling off a faulty ladder or suffering slips, trips, and falls due to poor housekeeping. Unfortunately, some people have suffered an injury at work but not reported it as they fear they may lose their job.
This can be the case if you’ve had an accident during your probation period. We’re here to tell you why you should not refrain from making a personal injury claim. This article will discuss employee rights, No Win No Fee agreements, and how to make a personal injury claim.
Get In Touch With Our Team
If you’d like to begin your personal injury claim following an accident during your probation period, you can get in touch with our team of advisers on 020 3870 4868. Alternatively, you can write to us via our contact page to start the claims process online, and we will get back to you at your earliest convenience. If you need an instant reply, you can chat with us now through our live chat pop-up box.
Read on to find out more about your injury at work rights as a new employee and the health and safety guidelines your employer must stick to. Alternatively, don’t hesitate to get in touch with our team of advisers to receive free legal advice regarding your accident at work during your probation period.
Services And Information
- Everything You Need To Know About A Workplace Accident During Your Probation Period
- Workplace Accidents During Your Probation Period
- What Is A Probation Period?
- What Is An Accident In The Workplace?
- Compensation Payouts If Injured At Work During Your Probation Period
- Your Rights During A Probationary Period
- Unfair Vs Fair Dismissal During Your Probation Period
- How Much Time Do I Have To Claim For An Accident On My Probationary Period?
- I Suffered A Workplace Accident During My Probationary Period, What Should I Do?
- Can Probationary Period Claims Be Handled On A No Win No Fee Basis?
- Related Guides
- FAQs About Workplace Accident Claims
Everything You Need To Know About A Workplace Accident During Your Probation Period
It’s common for employees on a probation period to want to perform their best. They know that if they don’t work well, they may not keep their job. You may be involved in a workplace accident during your probation period that was caused by employer negligence. If this is the case, you may be wondering how making a claim for the injuries you’ve sustained could impact your employment.
Your employer has a duty of care to safeguard and protect you at work. This includes minimising hazards as much as reasonably possible by, for example, completing regular risk assessments around the workplace. They should also provide employees with health and safety training to ensure they know how to use the equipment correctly and what to do if there is an accident.
An employer’s duty of care also includes:
- Providing appropriate training
- Supplying any PPE needed to do your job safely
- Making sure any machinery is well-maintained and safe to use.
If your employer in fails to keep you safe, they have breached their duty of care outlined in the Health and Safety at Work etc. Act 1974. If your employer breaches this duty of care and you’re injured as a result, you could be eligible to make a personal injury claim for the accident during your probation period.
If you need more information about your employer’s duty of care, you can get in contact with our team of advisers who will be happy to help you. Otherwise, read on to find out more about claiming for a workplace accident in your probation period.
Workplace Accidents During Your Probation Period
There are various different ways you could suffer an accident during your probation period if your employer breaches their duty of care. The graph below contains data from the Health and Safety Executive surrounding non-fatal injuries to employees in Great Britain by the site of injury in 2019/20.
As you can see, upper limb locations saw the highest number, with 24,544 injuries. The second highest is lower limb locations with 18,183 injuries, followed by injuries to the torso with 14,334 cases. Finally, the area with the least injuries is the head, with 5,656 injuries.
Although the information above doesn’t specifically relate to accidents that occur during employee probation periods, there are many jobs that require a probation period. Therefore, we can assume that some of these accidents and subsequent injuries took place during a probation period. And if the accident was the result of employer negligence, the injured person may be able to claim.
What Is A Probation Period?
A probation period is also known as a trial period. It is a period in which new employees prove they are good enough for the job role and can bring something to the company. This is so your employer can make sure you are the right fit for the role and that you have the relevant skillset to succeed.
It’s also when your employer starts to train you for your job. You may also have regular meetings to ensure you’re on the right path. Probation is essentially a period for you and your employer to determine whether the company is a good fit for you and vice versa.
What is the standard probation period at a new job?
The probation period at a new job is however long your employer decides they want it to be. Usually, it is around 3-6 months, but this can be lengthened or shortened if your employer chooses.
There is no legal limit for how long a probation period can be. It is up to your employer, and it could be extended or shortened depending on how they feel about your performance.
What Is An Accident In The Workplace?
The Health and Safety Executive states that an accident is an unintended incident that results in injury. However, there must be an external event that causes the injury for it to be called an ‘accident’. Feeling unexplainable pain is an injury but isn’t caused by an accident.
Similarly, an accident caused by employer negligence must result in injury in order for you to claim. If you were to trip over a loose cable that had been left out, this might be an example of employer negligence. But if you did not suffer any injuries, then you will not be able to claim.
Additionally, a work-related accident means that the work activity itself contributed to the accident happening. This can include the way the work was carried out, the equipment or machinery used, or the condition of the premises where the accident occured. An accident that isn’t preventable by your employer, for example, walking into a door, isn’t classed as a work-related accident.
If you have suffered an accident during your probation period, the first thing you should do is seek medical attention. You should also fill in the accident workbook. The accident workbook will serve as proof if you decide to make a personal injury claim to gain compensation for the work-related injury. Seeking medical attention will ensure that you get any treatment you need, and your medical records may also support your claim.
Compensation Payouts If Injured At Work During Your Probation Period
If negligence has led to you being injured at work during your probation period, then you could still be owed compensation. However, people are sometimes unsure as to how much their settlement could be worth.
The figure that’s awarded in line with your level of pain and suffering is known as general damages. When calculating this figure, legal professionals will turn to materials such as medical evidence to arrive at an amount that’s deemed appropriate. Another resource they use is a publication that contains guide figures relating to a variety of physical and psychological injuries. The publication is called the Judicial College Guidelines (JCG).
We have included some illustrative entries from the latest edition (2022) in the JCG in the table below. By doing so, you should be able to gain a better understanding of how the publication is laid out.
It can be helpful to keep in mind that the figures are not necessarily a guarantee regarding how much a general damages payment will be worth. Your case needs assessment before you can be given a bespoke evaluation. This can be done by heading to our online compensation calculator or by getting in in touch with our advisors. They can also answer questions for you regarding subjects such as any possible entitlement of sick pay during a probationary period.
| Part of Body | Level of Injury | Compensation Amount | Injuries may Include |
|---|---|---|---|
| Ankle Injury | Very Severe | £50,060 to £69,700 | Transmalleolar fracture with severe soft tissue damage that result in deformity, with risk that future injuries may lead to amputation below the knee. |
| Ankle Injury | Moderate | £13,740 to £26,590 | Fractures and/or ligamentous tears, leading to difficulty walking on uneven ground, standing, or walking for long periods of time. |
| Chest Injury | Serious | £100,670 to £150,110 | The removal of one lung and/or severe heart damage, leaving you with scarring and significant pain. |
| Chest Injury | Some continuing disability | £31,310 to £54,830 | Chest and lung damage causing continuing disability. |
| Asbestos-Related Disease | Mesothelioma | £63,650 to £114,460 | Mesothelioma causing severe pain and impairment of both function and quality of life. Extreme pain and suffering/chemotherapy/radiotherapy will land you at the higher end of the compensation bracket. |
| Asbestos-Related Disease | Asbestosis and pleural thickening | £35,500 to £105,850 | Progressive breathlessness through reducing lung functioning. The higher end of the bracket is awarded if mobility and quality of life is significantly impaired and/or life expectancy is lowered. |
| Asthma | Severe | £43,060 to £65,740 | Severe asthma causing breathing difficulties, disturbance of sleep, and regular coughing for prolonged periods. Employment aspects and enjoyment of life significantly restricted. |
| Asthma | Relatively mild | £10,640 to £19,200 | Often resulting, for instance, from exposure to harmful irritating vapour |
| Pelvis and Hips | Severe | £78,400 to £130,930 | Dislocated of a low back joint or rupture of bladder. Disabilities such as lack of bladder and bowel control, sexual dysfunction, or hip deformity. |
| Pelvis and Hips | Moderate | £26,590 to £39,170 | Significant pelvis or hip injury but permanent disability is not major and carries little future risk. |
| Wrist Injury | Loss of function | £47,620 to £59,860 | Complete loss of wrist function. |
| Wrist Injury | Less severe | £12,590 to £24,500 | Injuries which still result in, for example, permanent pain and stiffness. |
General damages
The compensation brackets included in the JCG relate to general damages. General damages is the part of your compensation that relates directly to the injuries you’ve sustained. It will vary depending on how severe your injuries are and how long you’ve been affected.
Special damages
Alternatively, special damages are compensation for the financial impact the injury has had on your life.
Special damages you could claim following an accident at work might include:
- Compensation for travel to and from medical appointments
- Prescription medication that you’ve had to pay for
- Loss of earnings
- Additional care. You can also claim for things like childcare if your injuries prevent you from being able to look after your children.
The aim of special damages is to get you back to the same financial position you were in before the accident. However, you must provide evidence for the costs you’ve incurred in order for them to be included in your claim. This could be in the form of bills or receipts for any payments you’ve made.
If you’d like more advice regarding how much you could claim for your accident at work during your probation period, contact us today. Our team of advisers can have a chat to find out more about your injury.
Your Rights During A Probationary Period
It is important you understand your rights during a probationary period. If you suffer an accident during your probation period, you still have the right to make a personal injury claim. The Employment Rights Act 1996 states employees’ rights during a probationary period.
Firstly, you have a right to seek medical attention for your workplace injury. If your employer tries to stop you from seeking medical attention, they are breaking the law. You should visit the trained first-aider on-site, as well as visiting your GP or A&E.
Secondly, you also have the right to record the details of your work-related injury. Your workplace should have an accident book that you should use to write down how you sustained your injuries and any witnesses you have. This is a legal obligation for any company that employs 10 or more people.
Moreover, you are entitled to Statutory Sick Pay (SSP) if you have to take time off work due to a work-related injury or illness. Some people aren’t sure whether they are entitled to SSP if they’re working a probation period, but you have the same statutory rights as any other employee. You may receive £96.35 a week from SSP if you cannot work due to an injury or sickness, provided you meet the eligibility criteria.
Finally, it is your right after suffering an injury in an accident during your probation period to seek compensation for the harm you suffered. In order for you to pursue a personal injury claim for a work-related injury, your employer must have acted negligently. Your employer cannot dismiss you for pursuing a personal injury claim.
Unfair Vs Fair Dismissal During Your Probation Period
When you’re in your probation period, you will usually only need to give the minimum notice of one week before leaving, provided that you’ve been in your role for more than a month. Similarly, your employer only needs to give you one week’s notice before dismissing you in your probation period. Make sure you check your employment contract, as the notice period for your role might differ.
The Equality Act 2010 states that your employer cannot unfairly dismiss you for certain characteristics. This can include things like age, sexuality, or religious beliefs. You also cannot be sacked for taking action on a health and safety issue as this is classed as “automatically unfair”. It doesn’t matter how long you’ve been working in your role; if you’ve been discriminated against by your employer or sacked for an automatically unfair reason, you can challenge your dismissal.
If you feel you were dismissed on unfair grounds during your probation period, such as being gay or pregnant, you can get in touch with our team of advisers to discuss the matter. They are on hand 24/7 and can connect you with our panel of lawyers if you have a claim. You can call or chat with them through the live chat pop-up box for an instant reply.
How Much Time Do I Have To Claim For An Accident On My Probationary Period?
There is a three-year time limit to pursue a personal injury claim for an accident during your probation period. This can be three years from when you suffered the injury or from when you discovered the injury was due to your employer’s negligence.
If you are under 18, the three-year time limit begins on your 18th birthday. Alternatively, someone you trust can act as a litigation friend and pursue the claim for you before you turn 18. Similarly, if you lack the mental capacity to pursue a claim yourself, the three-year time limit starts if you regain the capacity to claim on your own behalf. Otherwise, a friend/family member can also act as a litigation friend.
Get in touch with our team of advisers today to chat about your accident during your probation period and what we can do to help. Our advisers will find out more about your situation. Once they’ve done this, they may be able to pass you on to our expert panel of lawyers who can discuss No Win No Fee agreements with you. UK Law can also look at how much compensation you could receive for your accident at work during your probation period.
I Suffered A Workplace Accident During My Probationary Period, What Should I Do?
If you have suffered a work-related accident during your probation period, the first thing you should do is seek medical attention. Medical records can give your personal injury claim a higher chance of succeeding as they support your version of events. Furthermore, it will ensure that you receive the treatment you need for your injuries.
Additionally, you should collect other evidence to support your claim. For general damages, this could be in the form of CCTV, witness detail, or a report in your workplace accident book. For special damages, evidence could include bills for treatment you’ve had to pay for or receipts for medication.
Finally, if you have suffered an accident during your probation period, we would advise you to get in touch with our team of advisers. They may be able to connect you with our panel of lawyers who can help get you the compensation you deserve.
Can Probationary Period Claims Be Handled On A No Win No Fee Basis?
A No Win No Fee agreement, or Conditional Fee Agreement (CFA), is the term for a contract between you and your solicitor that sets out the conditions they need to fulfil in order to get paid. It means you only have fees to pay to your solicitor if your case succeeds, and you won’t be asked to pay your solicitor upfront.
If your claim succeeds, your personal injury lawyer will deduct a legally capped percentage from your compensation. This amount will be discussed with you beforehand, so you won’t be surprised by the success fee that’s deducted.
If you’d like to discuss No Win No Fee agreements with our panel of solicitors, contact our team today. They can connect you to our panel of lawyers who can discuss Conditional Fee Agreements with you. Furthermore, they can explore how much compensation you could claim for your workplace accident during your probation period.
If you’d like to begin your personal injury claims process, we recommend you contact us by:
- Calling us on 020 3870 4868. Our phone lines are open 24/7.
- Write to us through our contact page to begin your claim online.
- Chat to a member of our team through our live chat pop-up box, where you will get an instant reply.
Related Guides
Personal Injury Claims: Have you suffered an accident that may not have been your fault? Our guide walks you through what you need to know about personal injury claims.
How do you Claim if Injured at Work in the UK?: If you’ve suffered a work-related accident, our article explores how you can make a personal injury claim to receive the compensation you may deserve.
What are my Rights After an Accident at Work in the UK?: Have you suffered a workplace accident? Our guide discussed the rights you have as an employer after sustaining an injury due to your employer’s negligence.
How do I know if I’ve Broken a Bone?: Do you suspect you may have broken a bone? This NHS guide gives you information on the signs and symptoms of a broken bone.
Taking Sick Leave: This government guidance provides help and support around taking sick leave from work.
Dismissal- Your Rights: Read this page for government guidance on being dismissed.
Other Guides You Can Check Out
FAQs About Workplace Accident Claims
What happens if you can’t work due to injury?
If you can’t work due to injury, you may receive Statutory Sick Pay (SPP). Every eligible worker is entitled to SSP if an injury or illness causes them to take time off work. You can receive £96.35 per week during recovery.
Can an employer sack you in your probation period?
Your employer can dismiss you in your probation period with one week’s notice provided you have worked there for a month or more unless your contract states otherwise. However, they cannot sack you for discriminatory reasons, such as age, gender, religious beliefs, or sexuality.
What are my rights after an accident at work?
After an accident at work, you have the right to receive medical attention for the injury. You also must be able to record the accident in a work accident book. In addition, your employer can’t prevent you from filing a personal injury claim to receive compensation. Furthermore, your employer must respect your right to take sick leave from work if needed.
What are the different types of employment status?
In the UK, the three types of employment status are:
- Employee
- Worker
- Self-employed
Employees are provided with an employment contract and usually regular work. On the other hand, a worker’s employment is usually more casual, for example, a zero-hour contract freelance work. Finally, a self-employed worker is responsible for their own work and sets their own work schedule.
Thank you for reading our guide on claiming for an accident during your probation period.
Written by HL
Edited by NC
