This article details what you need to know about how to claim for an accident at work. With this guide, you will know the criteria to make a personal injury claim for a workplace accident. This guide will expose you to a general knowledge of work accidents, as well as work accident examples.
Furthermore, examples of compensation for work accidents are also listed but are only to be used as guides. The guide shines a light on how you can fund the services of a personal injury solicitor to get legal help. It also discusses a funding option for legal fees and it also points you to more resources if you need more information on how you can claim for an accident at work.
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- Guidance – Can I Claim For An Accident At Work?
- How Much Compensation For A Work Accident?
- Breaking Down A Work Accident
- Work Accident Examples
- What Is No Win No Fee?
- More Information – Can I Claim For An Accident At Work?
You can claim for an accident at work if your employer was at fault and their negligence caused you an injury. Employers are meant to do all that is reasonably possible to maintain the health and safety of the employees. This is mandated by law and is detailed in the Health and Safety at Work etc. Act 1974. This means that the employer owes the employee a duty of care. If the employer has not taken reasonable actions to keep you safe and healthy, it could be seen as negligent and they may have breached their duty of care.
How do personal injury claims work?
It is important to know what to do if an accident occurs in the workplace as it may affect the outcome if you decide to claim. If you have had an injury due to a workplace accident, you should record the details of both the accident and the injury in the accident book as soon as possible. If you are not well enough to do this, another colleague who saw the accident happen can fill it out for you. Afterwards, your employer may submit an accident report form under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) if you sustained a qualifying injury.
If you have determined that your employer has been negligent and this has caused your injury, you could make a claim. You will need to prove that they are at fault and also prove that the accident caused your injury. It will be helpful to have proof of any financial costs you incur due to your accident so as to recover the cost.
Should I claim for an accident at work?
If you have determined that you can claim for an accident at work because your employer has been negligent and it caused you injury, whether you should claim is a personal choice. If you estimate the present and future losses you will incur, and if your health will allow you to earn in the future, you will make a choice that is best for you.
How long to claim for an accident at work?
Generally speaking, you have to claim within 3 years from the time of your accident. However, the 3-year time limit is suspended if you are under 18. In this circumstance, a litigation friend could claim on your behalf. The personal injury claims time limit begins to apply from your 18th birthday if nobody claims on your behalf before this.
If you lack the mental capacity to claim, a litigation friend could do so on your behalf. However, if you regain mental capacity, you’d have 3 years to claim from the recovery date if nobody has claimed on your behalf yet.
How do I claim for an accident at work?
You are not required by law to get legal representation. However, it may be a helpful step to make the most of your work accident claim. Our panel of solicitors could help you receive the compensation you deserve.
2022 Accident At Work Statistics
The Health and Safety at Work Summary Statistics for Great Britain 2021 show that as many as 1.7 million workers were suffering from work-related illnesses in that year. Further analysis of the various nature of the ill-health revealed that:
- 50% suffered from stress, depression or anxiety
- 28% from musculoskeletal disorders
- 22% had another type of illness
They also report that the trend of work-related stress is increasing when compared to the 2019 records. From the study, common causes of work-related stress included bullying, violence, workload and changes at work.
If you make a successful personal injury claim, you could seek up to two heads of compensation: general damages and special damages. General damages relate to compensation for pain and suffering due to the accident and can account for psychological as well as physical pains.
Special damages, on the other hand, help recover financial costs that you incurred because of the accident. Some of the financial costs you could recover include medical costs, transportation costs, loss of earnings, and loss of contributory pension. You’d need evidence, such as invoices or bank statements, to prove these losses.
Examples of accident at work potential compensation figures from the Judicial College Guidelines are listed in the table below. The Guidelines are a publication that solicitors may use when valuing injuries. Your payout will depend on many factors including if you have been left with any disabilities.
|Brain and Head Injury||(b)|
|Very disabled. Needs constant care||£219,070 to £282,010
|Brain and Head Injury||(d)|
|Good recovery. Able to return to normal social and work-life||£15,320 to £43,060|
|Post-Traumatic Stress Disorder||(a)|
|Diagnosis after a Trauma.|
|£59,860 to £100,670
|Post-Traumatic Stress Disorder||(c)|
|Diagnosis after a Trauma.|
Nearly Full recovery with minor symptoms remaining
|£3,950 to £8,180
Minor Eye Injuries
|Temporary vision impairment||£3,950 to £8,730|
|Chest Injuries||(c )|
Damage to chest and lung
|Continuing disability.||£31,310 to £54,830
|Chest Injuries||(g) Fractures of ribs||soft tissue injuries||Up to £3,950|
|Neck Injuries||Moderate (ii)||serious limitation of movement. recurring pain||£13,740 to
|spinal cord and nerve roots damage||£91,090 to £160,980|
|Frozen shoulder||£7,890 to £12,770
If you can’t see your injuries in the compensation table above, or you’d like our advisors to value your claim for free, why not get in touch?
The Health and Safety Executive (HSE) is the national regulator for workplace health and safety. It states that an accident is anything that is unplanned and causes an injury or ill health. Therefore, an accident at work is an unplanned incident that happens in the workplace while performing tasks in your job role and causes ill-health or injury.
Employers are bound by the Health and Safety at Work etc. Act 1974 law to take reasonable steps to provide a work environment that supports the health and safety of employees. This means that employers owe a duty of care to their employees in the workplace.
When an employer has not done all that they reasonably can to protect the health and safety of employees, they may have has breached their duty of care. For instance, an employee working with heavy machines needs to be trained to use the machine in a safe manner. The employer could be at fault and may be liable for the employee’s injury.
Different types of accidents occur in the workplace. Some environments are more prone to some accidents than others. For instance, a building site may be more prone to fall from height accidents than an office environment.
According to the Health and Safety at Work Summary Statistics for Great Britain 2021, some accidents are a bit more common than others. Some of the more common accidents include:
- Slips, trips or falls: These are the most common work accidents according to statistics. Slip, trips and falls cause 33% of the non-fatal injuries sustained by employees in 2020/21. Wet floors, tattered carpets, and inappropriate footwear among other reasons are some of the causes of slips. These accidents sometimes lead to slips, trips and fall compensation claims.
- Handling, lifting or carrying: This accident type also includes pushing, pulling and lowering. Ignoring correct procedures for lifting or lowering can result in injuries. A wrong body posture while carrying out tasks is also a reason for some of these accidents.
- Struck by moving object: Objects which fall or collapse as well as cutting instruments that move, fall into this category. Wearing correct Personal Protective Equipment (PPE), for example a hard hat, can mitigate the effect of these accidents.
- Acts of violence: These include physical or verbal assaults which happen in the workplace. It may be physical threats, written threats or any other assaults with or without weapons.
- Falls from a height: Falls from a height can be high-risk accidents. The risk of fatality increases as the height of the fall increases. Employees should have the proper training for working at heights to reduce the chance of having an accident.
When you receive legal services, you normally will have to pay legal fees. A No Win No Fee agreement like the conditional fee agreement reduces the financial risk of funding the services of a solicitor. This is because you will not pay any upfront or ongoing solicitor’s fee during the claims process. A small percentage of your compensation will go to pay for the No Win No Fee solicitor’s fee if the claim is successful. If your claim is not successful, you will not pay any legal fees.
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Workers’ Health And Safety
- A guide to accident at work claims
- 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?
Writer Mary Marshall
Publisher Ruth Vaughn