Make An Accident At Work Claim

If you’ve been injured in an accident at work, we can help you claim compensation

How To Make A Claim After An Accident At Work

Last updated 22nd July 2024. If you’ve suffered an injury at work in an incident that wasn’t your fault, you could get compensation by making an accident at work claim. This is to compensate you for the physical and psychological damage caused, as well as potentially any financial losses you’ve suffered due to it.This guide can help you by answering important questions such as:

What are the benefits of using No Win No Fee lawyers in the UK?
How do No Win No Fee claims work?
What is the accident at work time limit?
Can I be sacked for having an accident at work?
How is compensation calculated in workplace accident claims?

Our advisors can help you with any queries regarding all types of accident at work claims, such as wanting to know your eligibility for manual handling claims, which may be related to a lack of adequate training.You can contact us 24/7 for free legal advice and to get a case check by using the details below

You can call us if you go to the top of the page.
Write to us using the Live Chat function on the right-hand side of your screen.
Contact us via our website.

Read on to learn more about how you could receive injury at work compensation by using accident at work lawyers.

Can I Claim For An Accident At Work?

In order to make an accident at work claim, you need to establish that negligence occurred. But what is negligence?

For the purposes of a work injury claim, negligence is when:

You are owed a duty of care.
This duty is breached.
You are injured as a result.

Under the Health and Safety at Work etc. Act 1974 (HASAWA), your employer owes you a duty of care. This means that they are responsible for your health and safety and have to take all reasonably practicable steps to keep you safe while working.

For example, if your job involves manual handling, your employer should provide adequate training. If they fail to do so, and this causes you to suffer an injury, this is negligence.

To find out if you could claim for an injury in the workplace, get in touch with our team of advisors today. They can assess your claim for free and could potentially connect you with a solicitor from our panel.

You could receive up to £117,410 for a knee injury

You could receive up to £493,000 for brain damage

a cartoon of a woman with an elbow injury at work

You could receive up to £66,920 for an elbow injury

How Do Accidents At Work Happen?

By law, your employer has a duty of care to reduce the risks of you suffering harm to the lowest level they reasonably can.

If they fail or breach this duty and you suffer an injury, it could be considered negligence.

Your employer breaching their duty of care would mean that they have not adhered to the required safety protocols to keep employees safe.

An employer’s duty of care is detailed in the following legislation:

Health and Safety at Work etc. Act 1974
The Control of Substances Hazardous to Health Regulations 2002 (COSHH)
The Provision and Use of Work Equipment Regulations 1998
Section 4 of The Health and Safety (Miscellaneous Amendments) Regulations 2002 is an amendment to The Manual Handling Operations Regulations 1992.
Learn about the Health and Safety Executive (HSE) and whether you can make a complaint to them after being injured at work.

Examples Of Accidents At Work You Could Claim Compensation For

Slipping on a wet floor because there were no warning signs displayed, despite the spillage being noticed by staff. Or you may slip and fall on ice around the workplace which could have been cleared with measures such as gritting. Head here to learn more about slips, trips and falls at work.
Manual handling accidents caused by lifting and carrying items that were too heavy.
Tripping on exposed wiring because the employer didn’t check it was secured properly. Or there was inadequate lighting and you were unable to see it.
Falling from a ladder due to using faulty work equipment that the employer was aware of.
You can also claim compensation for an assault at work if your employer fails to protect you. This can happen in care homes, schools and hospitals.
Accidents involving a forklift in a workplace, which could occur particularly in warehouses or factories.
A trip and fall accident or an accident involving heavy equipment at a construction site could cause various common injuries. Head here to learn more about construction injury claims.

a man holding his chest after suffering an injury in an accident at work

What Are My Rights After An Accident At Work?

Suffering an injury at work is stressful and painful enough without having to worry about defending your legal rights too. That’s why it can help to understand what rights you have, especially in relation to an accident at work.

The most important right to keep in mind is that you cannot be sacked for having an accident at work or suffering an injury. There is an exception to this which we discuss in the section below.

Some other rights include:

The right to report the incident and record it in the accident book
The right to receive medical treatment. This could be a first aider on site or it could be treatment from a hospital or walk-in centre
The right to Statutory Sick Pay (SSP). Not all employers pay sick pay. Some might offer it for a set number of days, some might not pay it at all. However, everyone is at least entitled to SSP.

If you work part-time you have the same rights as a full-time member of staff.

Temporary or agency workers may have differing contracts of employment, but if you’ve suffered an injury while employed this way you can still make an accident at work claim.

To learn more about your rights after an accident at work, head here to check out our dedicated guide.

Can I Be Sacked For Causing An Accident At Work?

If you caused an accident at work due to your own negligence, there is a chance that you could be sacked, especially if the accident inflicted harm on other people.

If you were only partially responsible, there is a chance that you could keep your job.

It’s best to check your contract of employment to see what this states in the event that you cause an accident at work.

How Can I Prove My Injury At Work Claim?

Evidence that you could use in an accident at work claim includes:

Photographs – these could show the cause of your accident, such as a broken machine, or the scene of the accident
Witness statements – obtaining the contact details of anyone who saw your accident is very important. They could provide a statement that backs up your version of events
CCTV footage – this can be especially useful if it shows the accident happening
Medical notes – if you went to the hospital after your accident, any paperwork you were given could also be useful
Proof of financial losses – if you have lost money because of the accident, such as your salary or if you had to pay for prescriptions, you can claim this back if you have receipts.

The more evidence you’re able to provide, the stronger your compensation claim could be.
For more information about how to claim for an injury at work, such as your rights and how to get in touch with accident at work solicitors, please contact us

What Is The Accident At Work Claims Process Like?

Before you make a compensation claim for an injury at work, you may want a clearer idea of what’s involved. Here’s a simple step-by-step guide of what you can expect:

First, your solicitor will gather all available evidence and gain a clear understanding of the case.
They’ll then present the case to the defendant (your employer and their insurance company), setting out the allegations of negligence
The defendant will have a period of time to investigate the case. At this stage, they may decide to accept responsibility.
Your accident at work solicitor will arrange for you to be examined by a medical expert. Their job is to produce a report that provides a professional opinion on whether or not the accident caused or contributed to your injuries.
With the medical report, your solicitor can value your injuries. They’ll then propose an offer of settlement to the defendant. Negotiations may take place and the case could resolve.
In some cases, further investigation and evidence may be required, which may see the case take longer to settle.

If you have any questions about the accident at work claims process, please get in touch.

Why Make An Injury At Work Claim?

There are many reasons why you would make an accident at work claim. Receiving compensation is the first thing many of us think of when we hear the word “claim”, but claiming is about much more than the payout you could receive, as we examine below:

Accountability: making an injury at work claim is a means of holding your employer accountable for their failures and ensuring they admit liability for your injuries.
Medical and domestic care: Your injuries may require in-home care and support as well as medical costs such as prescriptions and private treatment. By claiming, you can receive payment for these costs under special damages.
Your injuries could also leave you unable to work or need to work at a reduced capacity. Part of your compensation could be for a loss of future earnings to account for this.

There are many other reasons why people may choose to make an accident at work compensation claim. If you are looking to make such a claim, get in touch with our advisors today for a free assessment of your eligibility.

Call Us For Free Advice

Frequently Asked Questions (FAQ)

If you still have some questions about making a claim for an injury at work, our detailed FAQ section may help. And if you still have a query, please get in touch with us on the number at the top of this page.

How Long Do I Have To Make An Accident At Work Claim?

There is a set period of time you have to make an accident at work claim. You generally need to begin claims proceedings either:

Within three years of the accident
Or within three years of the date you became aware that negligence at least contributed to the injury.

The date of awareness is, for instance, if you have suffered internal issues, such as lung disease caused by asbestos. This means that you wouldn’t necessarily know of the damage caused until many years after it occurred. This time limit is established in the Limitation Act 1980.

There are, however, exceptions to this also detailed in the legislation.

If you’re a child and want to make a personal injury claim, you have 3 years from the date you turn 18 to do this. However, if you wish to claim before you turn 18, you would need a litigation friend to do this on your behalf.
If someone doesn’t have the mental capacity to claim, then the three-year time limit doesn’t apply to them unless they recover mental capacity. If that happens, they’d have 3 years from the date of recovery to claim. However, if it doesn’t happen, a litigation friend can be appointed to make the claim on their behalf.

Should I Report An Accident At Work?

You should always report an accident at work. Reasons for this include:

Getting medical care: Reporting the accident and your injuries enables you to get medical attention sooner, minimising the risk of permanent damage.
Legal requirements: Certain accidents need to be reported under RIDDOR. This not only ensures a record of dangerous occurrences, but such reports also help the HSE update its guidance and avoid similar incidents from happening again.
Evidence: certain employers are required to keep a workplace accident book. The incident report in this is very useful evidence for your claim as it records what the accident was and when it occurred. You have the right to request a copy of this report
Witnesses: a formal report of an accident can help identify which of your colleagues were in the area and could therefore, act as potential witnesses for purposes of a claim.

You should speak to your manager or supervisor if the accident has occurred. This is the same whether you are at your usual place of work or conducting off-site duties. Do not sign off on an accident report unless you’ve seen the report and are happy with the contents.For more guidance on reporting accidents, or to find out how you can claim injury at work compensation, talk to one of our advisors.

What To Do After An Accident At Work

After an accident at work, the procedure can depend on what has occurred. If you have suffered a serious injury, we recommend you immediately seek medical attention. You should consider gathering evidence for your accident at work claim after receiving any medical care or treatment that is required.

We’ve broken down the procedure into a few simple steps. If you follow these, you could improve your chances of receiving compensation for an accident at work:

Seek medical attention: seeking medical attention is important as you may need treatment for any issues. A doctor can properly assess you and determine what injuries you have suffered and what treatment you need to recover.
Report the accident: you should record the incident in your workplace’s accident book. Additionally, you should make your employer and colleagues aware of the accident.
Gather evidence: evidence is crucial for a successful accident at work claim. We’ll discuss what evidence you should obtain in the next section.
Seek legal advice: we recommend you work with personal injury solicitors to help you receive compensation for an accident at work. Solicitors can use their experience to help you cover all bases of a claim.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) states that certain accidents at work and dangerous occurrences need to be reported to the Health and Safety Executive (HSE).

If you want to work with experienced solicitors, you could potentially work with someone from our expert panel. Depending on your eligibility, you could make a No Win No Fee claim with our team. Get in touch to learn more today.

How Is Compensation Calculated In Accident At Work Claims?

Compensation in accident at work claims can be split into two heads:

General damages: Compensation for the pain, suffering, and loss of amenity caused by your injuries

Special damages: Compensation for financial losses caused by your injuries, like lost earnings, or the cost of prescriptions

The Judicial College Guidelines (JCG) can be used to help calculate general damages. This is a document that provides guideline compensation brackets for different kinds of injuries, including both mental and physical damage.

You can find some examples below, but please note that the first entry is not from the JCG. The rest of the figures come from the 17th edition of the guidelines, published in 2024.

Injury and severity	Compensation bracket	Notes
Multiple Very Severe Injuries And Special Damages	Up to £1,000,000+	The injured person will have sustained multiple very severe injuries and incurred significant monetary losses including lost pay, medical expenses and care needs.
Very Severe Brain Damage (a)	£344,150 to £493,000	Little or no environmental response or language function with double incontinence, requiring full time care.
Severe Neck Injuries (a)(i)	In the region of £181,020	Injuries associated with incomplete paraplegia or permanent spastic quadriparesis.
Severe Leg Injury	117,460 to £165,860	Very severe injuries that fall short of amputation but are treated at a similar level such a gross shortening of the leg.
Severe Hip Injuries (a)(i)	£95,680 to £159,770	Extensive pelvic fractures involving the dislocation of a low back joint and a ruptured bladder.
Very Severe Ankle Injury (a)	£61,090 to £85,070	Unusual injuries such as a transmalleolar fracture with severe soft tissue injuries leading deformity and degeneration of the joints.
Chest Injuries - Damage to Chest and Lungs (c)	£38,210 to £66,920	Damage to chest and lungs resulting in continuing disability
Severely Disabling Elbow Injury (a)	£47,810 to £66,920	Elbow injury resulting in severe disablement
Serious Shoulder Injuries (b)	£15,580 to £23,430	Shoulder dislocation with lower brachial plexus damage
Other Arm Injuries (d)	£8,060 to £23,430	Simple forearm fractures

Special damages are calculated on a case-by-case basis. This is because they are based around your own financial losses, and vary depending on what kind of losses you’ve sustained.

Is Accident At Work Compensation Taxable?

No, the compensation you receive as part of your accident at work claim is not subject to taxation.

The Latest Statistics On Accidents At Work

As well as helping people pursue compensation for an injury at work, we also conduct our own research and statistics on accidents at work.

Recently, we conducted research on the parts of the country that experience the most workplace accidents per years.

We found that the country’s second biggest city, Birmingham, sees by far the most accidents at work per year, with 1,031 in 2022/23 alone.
Close behind were Glasgow and Leeds with 799 and 778.
Westminster (with 660) and Liverpool (with 581) completed the top 5.

We also conducted research into the most dangerous industries to work in. Our findings, which you can read here, reveal that workers in the health and social care sector suffer more injuries at work than any other in industry in the UK.

More than 10,000 non-fatal injuries were reported by employees just last year. The most common workplace accidents logged in the UK included trips, falls and acts of violence.

Can I Still Claim Compensation If I Contributed To The Accident Happening?

In some cases, you may have been partially responsible for the accident. This is known in personal injury law as contributory negligence. It simply means that your actions or inactions contributed to the incident and injuries occurring, as well as that of your employer.

It’s important to remember that you can still get compensation even if contributory negligence is a factor. As part of the case, your solicitor will determine the percentage you were at fault for.

For example, you may be deemed 25% at fault, meaning you will receive 75% of the compensation amount. So if you were awarded £10,000, you’d receive £7,500

Can I Claim Compensation If The Accident Was All My Fault?

No, if the accident at work happened because of your actions or inactions, it’s unlikely that you can make a compensation claim.

This is because, under personal injury law, you must be able to prove that a third party was at fault. You cannot sue yourself.

Do No Win No Fee Arrangements Apply To Accident At Work Claims?

The answer is yes, you can make an accident at work claim on a No Win No Fee basis.

A No Win No Fee agreement is also known as a Conditional Fee Agreement. This is a contract between you and your legal representative, meaning that their legal expenses will only be paid in particular circumstances. It means that:

Our panel of No Win No Fee personal injury solicitors will not request legal fees during the claims process.
Instead, the legal fees will be paid via a small, legally capped portion of your compensation.
As the phrase ‘No Win No Fee’ suggests, you won’t have to pay their legal fees if your claim is unsuccessful.

How Personal Injury Claims UK Can Help You With Your Claim

You may wish to have the support of an accident at work solicitor when claiming compensation. If so, we can help.

The solicitors and law firms we work with could support your injury claim in various ways, such as:

Helping to gather and obtain the best evidence for your case
Accurately calculating the value of your claim
Making arrangements for you to undergo any private treatment to help you recover from your injuries
Negotiating with the defendant to resolve your claim
Explaining legal jargon and complex principles

If you get in touch with our advisors here at Personal Injury Claims UK for more information on making an accident at work claim, and they believe you have a good chance of success, you could potentially be connected to an accident at work lawyer from our panel.

You can get in touch using the contact details below:

You can call us on 020 8050 2736
Use our live chat for instant answers
Fill out our contact form for a callback