If you’ve sustained injuries in the workplace, you may wonder, who pays compensation for an accident at work? This guide examines accident at work claims.
Certain eligibility criteria must be met to make a personal injury compensation claim after an accident at work. We explain what this is and look at examples of incidents that could result in having good grounds to seek compensation. Your workplace injury claim must have compelling evidence to support it. We’ll also provide a few examples of evidence that might be useful when claiming accident at work compensation. Additionally, we provide information about how compensation could be awarded if you make a successful claim.
If you decide to claim compensation and meet the eligibility requirements, you may like to have a solicitor to support you through the personal injury claims process. However, legal costs can seem expensive. This guide concludes with a look at the benefits of having the support of a No Win No Fee solicitor.
Direct any questions you have about making a work injury claim to an advisor from our team. To speak to an advisor:
- Call 020 8050 2736
- Fill in our claim online form to request a call back.
- Ask, ‘What is employer liability?’ in our live chat.
Select A Section
- Who Pays Compensation For An Accident At Work?
- What Types Of Accidents Could Lead To An Accident At Work Claim?
- What Evidence Could Help You Claim Work Injury Compensation?
- How Much Accident At Work Compensation Could You Receive?
- Why Claim Work Injury Compensation On A No Win No Fee Basis?
- More Resources About Who Pays Compensation For An Accident At Work And How To Claim
Who Pays Compensation For An Accident At Work?
When you sustain an injury in a workplace accident, you may wonder if you are entitled to compensation. While at work, your employer owes their employees a duty of care to take reasonably practicable steps to ensure their health, safety and welfare. This is set out in the Health and Safety at Work etc. Act 1974.
If your workplace does not comply with health and safety regulations that apply to their place of business, you could be eligible to claim compensation if you suffer an injury as a consequence.
You need to satisfy the personal injury claims eligibility criteria. This means you need to prove that:
- You were owed a duty of care.
- A breach of this duty occurred.
- You suffered injuries because of this breach.
You may also wonder who pays compensation for your accident at work injury. Generally, your compensation payout will be from your employer’s insurer, which we explain next.
What Is Employers’ Liability Insurance?
Under the Employers’ Liability (Compulsory Insurance) Act 1969 your employer must have insurance. This is to cover costs that arise from personal injury that could occur in the workplace. You have the legal right to seek compensation if you sustain injuries due to employer negligence.
Call a member of our advisory team to discuss this eligibility criteria and find out if you have good grounds to file a work injury claim.
What Types Of Accidents Could Lead To An Accident At Work Claim?
There are various situations that could result in a workplace injury. These include:
- Insufficient training accidents. Your job role might involve manual handling. If you aren’t trained in how to move or carry an object you could suffer a back injury. Your employer has a legal responsibility to ensure that you are sufficiently trained to carry out your work duties safely.
- Accidents caused by poor housekeeping. As part of their duty of care, your employer should have policies in place to ensure that hazards, such as wet floors, trailing wires and clutter, do not present a health and safety risk. For example, it may be necessary to have power cables across a walkway due to the location of the electrical outlet. It may not be considered reasonably practicable to move the power supply. However, your employer can put covers over the trailing cables. If they fail to do this, you could suffer a trip and fall accident causing a wrist or ankle injury.
- Broken equipment accidents. For example, a ladder you are required to use could be faulty. Your employer should ensure that all equipment inspections are carried out as needed. Failure to do so could result in a ladder accident that causes a head injury.
Talk to an advisor to discuss the incident that caused your injuries and who pays compensation for your accident at work. They can also help assess your eligibility to make a work compensation claim.
How Long Do I Have To Claim For An Accident At Work?
There is a time limit to start your accident at work claim. Typically, personal injury claims must be started within three years of the incident. However, there are some exceptions to this limitation period. Call an advisor to find out more about work accident claims time limits.
What Evidence Could Help You Claim Work Injury Compensation?
You should have evidence to submit as part of the accident at work claims process. This needs to prove liability for the injury you sustained. Examples of evidence that can help support your claim for personal injury compensation include:
- A copy of the accident book. All workplaces with ten or more staff members are legally obligated to have an accident book. It should be filled in with your name, the time and date and relevant details of the incident.
- Your medical records. If you seek medical attention for your work injury, a copy of your medical records could be useful in proving the nature of it and what impact it is expected to have on your life.
- Witness contact details. If you note the contact information of anyone who saw what happened, witness statements could be collected later into the claims process.
- Photographs and footage. You can submit any relevant pictures, such as from the accident scene, the object that caused your injuries or the injuries. Additionally, if there are any videos of the accident, such as from CCTV, you can also submit them.
Speak to an advisor to discuss what evidence could support workplace accident claims.
Can I Claim For An Accident If I Was Partially Responsible?
You may still have a valid compensation claim even if you were partially responsible for your injuries. However, this would reduce your award accordingly. For example, if you were deemed to be 50 per cent responsible, you would receive 50 per cent of the compensation you would have received had your employer’s negligence been entirely responsible.
Speak to a member of our advisory team to discuss who pays compensation for an accident at work.
How Much Accident At Work Compensation Could You Receive?
If you make a successful claim for your workplace injuries, your compensation could consist of two parts: general and special damages.
To compensate for your physical injuries and damage to your mental health caused by the workplace accident, you will be awarded general damages (if your claim is successful). When assigning value to this part of your claim, those responsible for doing so, such as a legal professional or personal injury solicitor, may refer to the compensation guidelines published by the Judicial College.
In our table below, we look at how your compensation could be calculated. The top row shows how you could be awarded compensation for multiple very severe injuries and special damages. The information in the top row has not been taken from the JCG.
In the remaining rows, we look at a few entries from the JCG 17th edition that could be relevant to workplace injuries. Please note that all claims are different, so this table is only intended as a guide.
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Severe | Settlements may compensate for multiple injuries and related costs, such as lost wages and care expenses. | Up to £1,000,000+ |
| Brain Damage | Very Severe | Nursing on a full time basis is required due to severe cognitive and physical disabilities. | £344,150 to £493,000 |
| Leg Injuries | Amputations (i) | Both legs have been amputated at a high level, or one above the knee with the other below. | £293,850 to £344,150 |
| Leg Injuries | Severe (ii) | These are very serious injuries, such as multiple fractures that take years to heal, that cause permanent mobility problems. | £66,920 to £109,290 |
| Arm Injuries | Severe | These injuries are extremely serious, leaving the injured party little better off than if the arm had been amputated. | £117,360 to £159,770 |
| Hand Injuries | Total or Effective Loss of One Hand | One hand has been surgically amputated or most of the palm has been traumatically amputated. | £117,360 to £133,810 |
| Toe Injuries | Amputations | All the toes have been amputated either surgically or traumatically. | £44,570 to £68,430 |
| Ankle Injuries | Severe | Significant residual disability, such as a severely limited ability to walk, due to an ankle injury that required extensive treatment. | £38,210 to £61,090 |
| Facial Disfigurement | Less Severe Scarring | Substantial facial disfigurement caused a significant psychological reaction. | £21,920 to £59,090 |
| Jaw Fractures | Very Serious | Multiple fractures that require prolonged treatment and leave permanent consequences, such as severe pain and eating restrictions. | £37,210 to £55,570 |
Additionally, you may awarded compensation under special damages for any out of pocket expenses incurred as a result of your injuries. Workplace accident claims may include compensation for:
- Lost income and pension contributions, or the difference between your lost income and contractual sick pay.
- Nursing care.
- Domestic help, such as a cleaner or child minder.
- Medical expenses, including prescriptions and physiotherapy.
You should save evidence of your costs as you may need it as part of the personal injury claims process. For example, payslips, invoices and receipts may need to be submitted.
Speak to our advisors about who pays compensation for an accident at work. They can also help value your claim and advise on what evidence could help prove your out of pocket expenses.
Why Claim Work Injury Compensation On A No Win No Fee Basis?
If you are eligible to claim compensation for your workplace injuries, you may want to instruct a solicitor to work on your case. One of the accident at work solicitors from our panel can help with your claim. Generally, our panel offers a No Win No Fee service under a Conditional Fee Agreement (CFA).
If your solicitor works on a No Win No Fee basis, they:
- Don’t ask you to pay upfront for their work on your claim.
- Also won’t take ongoing fees.
- Won’t ask for payment for their services if your claim fails.
- Only take a small, legally-capped success fee if your claim is successful.
If you would like to discuss who pays compensation for an accident at work or anything else about making a compensation claim, speak with a member of our advisory team.
To discuss workplace injury compensation:
- Call 020 8050 2736
- Request for an advisor to call you by filling in our claim online form.
- Ask about claiming against your employer in our live chat.
More Resources About Who Pays Compensation For An Accident At Work And How To Claim
Additional guides about accident at work claims:
- Guidance on employer liability claims and how to seek compensation.
- Information and advice about your employer’s legal obligations regarding manual handling.
- Details about your rights after an accident at work and compensation eligibility.
External resources you might find helpful:
- Details about employers liability insurance and how much coverage your employer must have from the government.
- Information about health and safety for workers from the Health and Safety Executive.
- Guidance on claiming statutory sick pay from the government, including details about the statutory sick pay rates.
For further information about who pays compensation for an accident at work and to find out if you are eligible to claim, speak to an advisor.