If you’ve suffered an injury at work in an incident that wasn’t your fault, you could claim 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 can you claim for when making an injury at work claim?
What is the accident at work time limit in order to claim?
Can I be sacked for having an accident at work?
What is the kind of accident at work compensation I could receive?
Our advisors can help you with any queries regarding accident 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 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.
Read on to learn more about how you could receive injury at work compensation by using accident at work lawyers.
What Is An Accident At Work?
An accident at work is an incident that occurs during the course of your work duties in which you suffer an injury. Specific areas of the body may injured. For instance, you may suffer a leg injury at work or a head injury.
Sometimes the cause of an accident is down to our own misfortune. However, our employers can also be responsible. Let’s look at this in more detail.
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.
Particular criteria need to be met before you can make a successful accident at work claim. We’ve explained the idea of negligence. However, the following three requirements need to be met for the injury suffered to be considered negligence.
The third party needs to have a duty of care to you.
They must have breached this duty of care causing an incident.
And this incident must have led to your injury.
It’s only if all three criteria are met that you may be able to make a successful No Win No Fee compensation claim. You cannot be sacked for making an honest claim against your employer as it is well within your rights to do so.
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
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.
What Is The Recommended Procedure To Follow 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. However, you could also get a medical report which can serve as helpful evidence for a claim.
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.
How Is Compensation Calculated In Workplace Accident Claims?
There are two possible heads of claim in an accident at work claim.
General damages compensate you for the physical and mental pain you suffer due to the accident.
Special damages compensate you for the financial losses caused by the injury.
If your claim is successful and you secure general damages, it doesn’t always mean that you would claim special damages too. That’s because they’re calculated independently and reflect the evidence you’re able to provide.
General damages are calculated based on the extent and severity of your injury. The Judicial College made note of previous compensation payouts and the corresponding injuries suffered. Due to this, they’ve built compensation brackets for many different types of injuries. Through this, you could learn more about the amount of compensation you could receive if you make an accident at work claim on a No Win No Fee basis.
Evidence, as described above, will give you a greater chance of your accident at work claim being successful. Below is a list of compensation brackets with their associated injuries. The Judicial College has provided these figures.
Injury and severity
Details
Compensation bracket
Chest injuries (b)
Life expectancy reduction, disability and function impairments from a traumatic injury that caused permanent damage to the heart and/or lungs.
£65,740 to £100,670
Severe back injuries (ii)
Back injuries with special features such as sensation losses, impairments to mobility as well as bladder, bowel and sexual functioning impairments and unsightly scarring.
£74,160 to £88,430
Very serious severe leg injuries (b) (ii)
Permanent mobility problems due to injuries, such as those in which multiple fractures have required years to heal or needed extensive treatment.
£54,830 to £87,890
Eyes - sight (d)
Loss of one eye with mental health and cosmetic implications
£54,830 to £65,710
Less severe head injury
A good recovery, however, there could be some persisting life-interfering problems, such as moodiness and trouble concentrating.
£15,320 to £43,060
Wrist injuries (b)
Although some useful movement remains, the injury still causes a significant disability of a permanent nature.
£24,500 to £39,170
Less severe arm injury (c)
Substantial recovery has either taken place or is expected from significant disabilities.
£19,200 to £39,170
Serious shoulder injuries
Shoulder and neck pain, aching elbow and sensory problems down the arm and into the hand, along with grip weakness from dislocation and lower brachial plexus damage.
£12,770 to £19,200
Deafness/tinnitus (d) (iii)
Some noise induced hearing loss, along with mild tinnitus.
£12,590 to £14,900
Moderate neck injuries (iii)
Moderate soft tissue injuries with protracted recovery time and vulnerability to further injury and injuries that accelerate or exacerbate pre-existing neck problems.
£7,890 to £13,740
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.
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 also get advice on broken arm claims by reading our guide covering this topic.
If you’ve had an accident at work that caused injuries while on a construction site, you can read our guide on how you could potentially claim for this.
You can also read our guide on claiming on behalf of a loved one who died in a fatal accident on a construction site.
We also have a guide that advises on how to claim specifically for a foot injury at work
