How Do I File A Compensation Claim For A Workplace Injury?
If you sustain a workplace injury, you might wonder how to make a claim for compensation. In order to claim, you will need to show that the accident that caused your injury resulted from negligence.
In this article, we will explain how to build a strong claim and look at what your claim could be worth. This guide will also explain how a No Win No Fee agreement could benefit you.
Our advisors are waiting to help you start your workplace accident claim. Get in touch now by:
- Calling the number at the top of the screen
- Using the live chat feature to the bottom-right of this screen
- Writing to us through our online form
Select A Section:
- What Is A Workplace Accident Compensation Claim?
- How Often Do Workplace Accidents Take Place?
- Building A Strong Workplace Injury Claim Based On Concrete Evidence
- How Much Compensation Could I Receive For My Workplace Accident Claim?
- Advantages Of No Win No Fee Agreements For Workplace Injury Claims
- Learn More About Workplace Injury Claims
A workplace accident compensation claim is a type of personal injury claim. To make a claim following a workplace injury, you must be able to prove that the three criteria below apply:
- Your employer owed you a duty of care
- They breached this duty
- Your injuries came about as a direct result of this breach
The Health and Safety at Work etc. Act 1974 (HASAWA) is an important piece of health and safety legislation outlining your employer’s duty of care towards you. This duty of care dictates that they must take all reasonably practicable actions to ensure a safe working environment for their employees.
As such, if your employer branches this duty of care and you suffer an injury as a result, you might be eligible to make a workplace injury claim. Contact our advisors today to find out more.
Workplace Accident Statistics
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) is a piece of legislation that enforces the reporting of certain examples of workplace injury to the Health and Safety Executive (HSE).
According to reports made under RIDDOR, 51,211 employees suffered non-fatal injuries in the workplace in 2020/2021. Of this number, 33% of reported non-fatal injuries fell into the category of slips, trips, and falls.
As we mentioned earlier, your employer has a responsibility under the HASAWA to provide a safe working environment. If they fail to do this, and you sustain an injury as a result, you could be eligible to claim compensation.
Below, we’ve compiled some examples of how an employer’s negligence might lead to a workplace injury:
- Lack of training: Your employer must provide free and relevant training to all employees who may need it. For example, if you work in a warehouse, you may require manual handling training. If you are not provided with this training, you could be at risk of a manual handling-related injury, such as a sprain or strain.
- Inadequate Personal Protective Equipment (PPE): Free and adequate PPE must be provided to all employees who need it to do their role safely. For example, if you work in construction, you may need a hard hat. If your employer refuses to provide this or knowingly provides you with faulty PPE, you could suffer a head injury at work.
- Poor housekeeping: The most commonly reported injuries under RIDDOR are slips, trips, and falls. All walkways should be kept clear of things like boxes, loose wires, and other clutter to reduce the risk of trips and falls.
If you would like free legal advice surrounding your claim, get in touch with our advisors today. They could connect you with a No Win No Fee lawyer for your personal injury claim.
When you start your claim, you will be asked to provide proof that your employer is at fault. The evidence needed for a personal injury claim can vary depending on the case, so we’ve provided a list of evidence you can collect yourself to help strengthen your claim.
- Medical records: Seeking medical attention after your accident ensures you get the treatment you need, but it can also help to strengthen your claim. Any notes made by a medical professional documenting your injuries can be used as evidence.
- Accident book logs: Every workplace with over ten employees must have a workplace accident book. It’s good practice to log all workplace injuries in the book in a timely manner. If you can’t do this yourself, a colleague can do it for you. This can then be used as a record to support your claim.
- CCTV footage: If your workplace is equipped with CCTV, you can request footage of the accident or the circumstances leading up to it. This can then be used as evidence to strengthen your case.
- Get legal advice: You don’t need to hire a lawyer to handle your claim, but legal advice can help make the personal injury claims process feel easier than it otherwise would.
Our team of advisors can offer free legal advice and help to start your workplace injury claim. Get in touch today.
Compensation is valued on a case-by-case basis with the help of a document called the Judicial College Guidelines (JCG). This document provides a list of injuries with corresponding compensation guidelines.
If your claim is successful, you will be awarded general damages. This head of your claim covers the pain and suffering caused by your injuries. See the table below for some examples of potential workplace injuries and their JCG compensation estimates:
Injury Type Compensation Bracket Notes
Minor Brain or Head Injury £2,070 to £11,980 Brain damage will be minimal if any, with consideration given to severity of injury, recovery time, and persisting symptoms.
Total Loss of One Eye £51,460 to £61,690 Consideration given to age, psychiatric consequences and cosmetic effect.
Total Loss of Hearing in One Ear £29,380 to £42,730 Consideration given to symptoms such as dizziness or tinnitus.
Chest Injuries (c) £29,380 to £51,460 Damage to lungs and chest with some disability.
Hernia (a) £13,970 to £22,680 Continuing pain with limitation of physical activity.
Moderate Neck Injuries (i) £23,460 to £36,120 Dislocations and fractions that hold severe and immediate symptoms. May also necessitate spinal fusion.
Moderate Shoulder Injuries £7,410 to £11,980 Frozen shoulder with limited movement and symptoms that persist for about two years.
Simple Fractures of the Forearm £6,190 to £18,020 Uncomplicated forearm fractures.
Amputation of Index and Middle and/or Ring Fingers £58,100 to £85,170 Amputation rendering the hand of little use with weak grip.
Amputation of One Foot £78,800 to £102,89 Amputation of one foot including the ankle joint.
You might also be entitled to the second head of claim called special damages. This covers any financial losses you might incur due to your injuries. For example, if you need childcare following your injuries that you didn’t need before, it could be covered by your special damages award. You will need to provide proof of these losses, so it’s a good idea to keep any relevant bills, receipts, or invoices.
The JCG can provide guidelines, but no guarantees. For a more detailed estimate of what your workplace injury claim could be worth, contact our advisors today.
You are not obligated to hire a personal injury solicitor to handle your case, but the knowledge and guidance of a legal professional can make the process feel less stressful.
When you enter into a No Win No Fee agreement, you won’t have to pay any upfront or ongoing fees to your No Win No Fee solicitor. If your claim succeeds, your solicitor will take a previously agreed-upon percentage of your compensation as a success fee.
This percentage is capped by law to ensure you always get the majority of your award. However, if your claim fails, you will not have to pay any costs to your solicitor.
Our advisors are waiting to connect you with our panel of No Win No Fee workplace injury solicitors today.
Talk To Us About A Workplace Injury Claim
To get free legal advice and find out if you are eligible to make a claim, contact our team of expert advisors today by:
- Calling the number at the top of the screen
- Using the live chat feature
- Writing to us through our online form
If you found this workplace injury article helpful, you might also be interested in our guides on:
- 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
- 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
Or, find more helpful resources at:
Written by Ham
Published by Sto