Accident At Work Claim – Get Workplace Compensation

By Cat Todd. Last updated 17th September 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.

a cartoon showing a knee injury at work

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

a cartoon of a man with a head injury

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

a cartoon of a woman with an elbow injury at work

Also, 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:

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 Let Go 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?

Any accident at work claim needs evidence to back it up. In fact, collecting evidence to support your case is one of the most important steps in the personal injury compensation claims process.

Some examples of evidence that you could use to support a work injury claim can include:

  • CCTV or video footage of the accident taking place, or the circumstances that lead to your injury
  • Photographs of either the accident site or of your injuries
  • Medical records, scans, and x-rays that illustrate the severity of your injuries 
  • The contact details of potential witnesses so that a professional can take their statements at a later date
  • Accident book logs, or reports made under RIDDOR
  • Bank statements, receipts, and invoices that illustrate any financial losses caused by your injuries

If you make an accident at work compensation claim with the help of a specialist solicitor from our panel, they can help you gather this evidence. Get in touch today to learn more.

What Is The Accident At Work Claims Process Like?

Before you make an accident at work claim, you may want a clearer idea of what’s involved. So, here is the Pre-Action Protocol for personal injury claims. These are steps that must be carried out in the personal injury claims process:

  • Letter of Notification. This letter is sent to the defendant (or their insurance company) to inform them that the claimant is looking to make a claim against them. The defendant has 2 weeks from receipt to acknowledge this letter. 
  • Rehabilitation. Both parties must address what medical treatment and rehabilitation the claimant needs to recover. 
  • Letter of Claim. This letter is sent to the defendant (and their insurance company) and should detail all the facts of the claim, including the extent of harm that has been suffered. The defendant has 3 weeks from receipt of this letter to send a reply of acknowledgement to the claimant. 
  • The Response. The defendant then has 3 months to send a letter of response. This letter should detail whether liability is admitted or not. 
  • Disclosure of Documents. At this stage, both parties should exchange documents of relevant information that can help clarify or resolve issues in dispute. 
  • Expert opinions. Experts within the same field may be instructed to give a report on the case. The claimant will, as well, need a medical report that details the extent of their harm. 
  • Alternative Dispute Resolution. Because issuing court proceedings should be a last resort for all personal injury claims, both parties should find an alternative dispute resolution if they have not come to an agreement before this stage. Some options include mediation, negotiation, and arbitration. 

For more information on the accident at work compensation claims process, please get in touch with us today.

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.

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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.