How To Make A Claim After An Accident At Work
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. 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.
- 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.
Select a Section
- How Do Accidents At Work Happen?
- Can I Make An Accident At Work Claim?
- What Is The Accident At Work Claim Time Limit?
- The Latest Workplace Injury Statistics
- Average Compensation Awards In Accident At Work Claims
- Do No Win No Fee Arrangements Apply To Accident At Work Claims?
- Get Started With An Accident At Work Claim
An accident at work is when you injure yourself accidentally while working. Regarding making an accident at work claim, you need to be able to prove that your employer’s negligence caused your injury.
From a legal perspective, negligence revolves around a third party breaching their duty of care. Your employer will have a duty of care to every employee, meaning that, within reason, they need to make sure the work premises are safe and secure enough to be used. Breaching their duty of care would mean that they have not adhered to the required safety protocols to keep employees safe. If you’re making a personal injury claim, due to this breach, you would’ve been injured.
An employer’s duty of care is detailed in the following UK 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.
Regarding accident at work procedure, 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).
You may be wondering, “what constitutes an accident at work that I may be able to claim for?” Examples of this include:
- Slipping on a wet floor because there were no warning signs displayed, despite the spillage being noticed by staff.
- Tripping on exposed wiring because the employer didn’t check it was secured properly.
- Falling from a ladder due to using faulty work equipment that the employer was aware of.
Injuries that aren’t your fault could result in you wanting to use a No Win No Fee solicitor.
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.
Evidence that you could use in an accident at work claim includes:
- Witness statements
- CCTV footage
- Medical evidence
The more evidence you’re able to provide, the stronger your injured at work 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.
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.
The HSE provide work injury statistics through RIDDOR. It means that any reported accident or injury at work is reflected in their statistics to give as accurate a picture as possible regarding Great Britain’s work conditions. The most up-to-date figures for non-fatal injuries to employees are from 2014/15 to 2019/20. Within that timeframe, in the selected industries shown above, there were 4,340 non-fatal accidents in the accommodation and food services industries alone. There were also almost 12,000 injuries in the human health and social work industries.
Based on projected figures for fatal injuries to workers in Great Britain in 2020/21, 10 people have died in the transportation and storage industries, 20 people have died in the manufacturing industry, and, across all industries, 142 people lost their lives. These figures, like the ones above, show that injuries can happen in the workplace more frequently than you might think. Therefore, don’t automatically assume that you wouldn’t be able to make an accident at work claim. Our advisors can tell you over the phone in just a few minutes if you’re eligible. Call us today using the phone number at the top of this page.
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.
|Area of Injury||Amount of Compensation||Severity||Description|
|Brain||£140,870 to £205,580||Moderate (i)||Injuries in this bracket include moderate to severe intellectual deficit, a change in personality, sight, speech and senses being negatively affected with a substantial risk of epilepsy and no prospect of employment.|
|Post-Traumatic Stress Disorder||£21,730 to £56,180||Moderately severe||This bracket will be for people with a better prognosis than more severe cases due to recovery occurring from professional help. However, there will still be a significant disability for the coming months and years, potentially.|
|Eye||£51,460 to £61,690||Total loss||Injury in this instance would be a complete loss of one eye.|
|Chest||£94,470 to £140,870||Worst types of case (a)||The worst-case scenarios in this bracket will involve the total removal of one lung and/or significant heart damage with prolonged pain and suffering.|
|Chest||£11,820 to £16,860||A relatively simple injury (d)||The injury in this bracket will involve a relatively straightforward injury, such as a single penetrating wound, leading to permanent tissue damage but no serious prolonged effect on lung efficiency.|
|Asthma||£9,990 to £18,020||Relatively mild (d)||Relatively mild asthma-like symptoms that can be caused, for example, from exposure to irritating vapour which can be harmful.|
|Reproductive System: Male||In the region of £6,190||(f)||An injury that causes sterility but where the injury amounts to little more than an ‘insult.’|
|Bladder||£21,970 to £29,380||Almost complete recovery (d)||The injury in this bracket will result in an almost complete recovery with some fairly prolonged interference regarding natural function.|
|Shoulder||£11,980 to £18,020||(b) Serious||Injuries in this bracket include shoulder dislocation and damage to the lower part of the brachial plexus leading to neck and shoulder pain.|
|Arm||£6,190 to £18,020||(d) Simple Fractures of the Forearm||A simple, uncomplicated forearm fracture.|
A No Win No Fee agreement is a Conditional Fee Agreement. This is an agreement 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.
You can get through to one of our helpful advisors in just a few minutes to see if you can make an accident at work claim. They can give you an accurate compensation estimate. Working with our panel of experienced No Win No Fee lawyers could lead to you receiving thousands of pounds in compensation. Don’t delay: contact us via any of the below.
- You can call us.
- Use our live chat for instant answers.
- Contact us for a callback via our website.
Why not check out more of our personal injury claims guides below:
- Claim compensation if you’ve been injured by a moving object at work
- Manual handling injury claims
- How to claim compensation for hand injuries at work
- How to claim compensation after a head injury at work
- A guide on claiming compensation for a workplace injury
- Claim compensation after suffering a finger injury at work
- How to claim compensation for eye injuries at work
- Forklift accidents at work
- How to claim compensation for a knee injury at work
- Back injury at work claims
- How to make a fall from a height claim
- Finding construction accident solicitors
- Making a claim for a sprained ankle at work
- Making a claim for a concussion at work
- How to make factory accident claims
- How long do I have to claim after an accident at work?
- What are my rights after an accident at work?
- What do I need to do after an accident at work?
- Working with serious injury solicitors
- A guide to claiming compensation for fatal work accidents
- How to make a work injury claim
- Tips on preventing an accident in the workplace
- Can my employer sack me after an accident at work?
- How to claim for an accident at work
Thank you for reading our guide to making an accident at work claim.
Written by DUR
Published by VIC