By Danielle Coleman. Last Updated 22nd December 2022. Have you had an accident at work and are wondering what your rights are? Would you like to know whether you can claim? In this article, we will explain what your rights are and show you how much compensation you may receive. Furthermore, we will explain the type of accidents in the workplace that you could claim for, how they could happen as well as what the benefits of No Win No Fee lawyers include.
After an accident at work, you can be unnerved about your injury. Your quality of life can change and all the things you did before can become harder to do, like work, and physical and social activities. This may lead you to claim for your injury.
You can contact our advisors who are well-versed in offering free and relevant legal advice. They can help determine whether your case is valid and could even connect you to our panel of expert solicitors who can offer you a No Win No Fee arrangement for your claim. To see if you can begin the process today, get in touch with our advisors by:
- Calling the number at the top of the page
- Using our live chat feature
- Completing our online claim form
Choose A Section
- I Had An Accident At Work – What Are My Rights?
- Determining Work Accident Compensation
- What Are Accidents In The Workplace?
- How Could Accidents Happen In The Workplace?
- What Is The Legal Definition Of A No Win No Fee Agreement?
- More Information – What Are My Rights After I Had An Accident At Work?
Your employer has a legal responsibility to provide you with a practically safe working environment. This means that:
- The area you work in should be made as safe as reasonably practicable
- The tasks that you are asked to perform should either be safe, or you should be provided with training or materials that can help keep you safe
- They have a responsibility to address any legitimate safety concerns you raise with them
This responsibility is known as a duty of care – it is primarily described in the Health and Safety at Work etc. Act 1974
If you are injured because your employer failed to fulfil their duty of care, you have a right to take action against them, or the organisation you work for, through a personal injury claim.
Because this is a right you have by law, your employer or the organisation you work for cannot take action against you for making an honest or legitimate claim. Employees making accident at work claims have protections under employment law.
If you’ve been injured in an accident at work, please reach out to a member of our team for information on how to take action for being injured in an accident at work and what your rights are under UK law.
Injury At Work Rights – What You Might Not Know
You may be entitled to Statutory Sick Pay (SSP) following your accident. This could apply to you whether you are in contract as a full-time employee or employed on a zero hour basis.
Your employer does not decide whether or not you should receive it. If you have received a medical recommendation to not work, you can present this to your employer when requesting sick pay if you meet the eligibility criteria listed on the site.
A refusal to pay SSP can be a violation of your employment rights. If you’re seeking a more detailed answer to the question, ‘I had an accident at work, what are my rights?’, our advisers can give you more information about your injury at work rights and how to take action through accident at work claims.
How Common Are Work Accidents?
According to the Health and Safety Executive (HSE), employers reported under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) that in 2020/21, employees suffered 51,211 non-fatal reportable injuries with 37,111 necessitating a 7-day absence from work. The most common sites of injury were to the upper limbs with 18,988 non-fatal injuries including the hand, wrist, fingers and thumbs.
The rate of employer-reported non-fatal injury per 100,000 has decreased from 242 injuries in 2019/20 to 185 in 2020/21, accounting for a 24% drop in reported incidents over the year.
There are two heads of awards: one covering the pain and suffering of your injury, otherwise known as general damages, and special damages which cover the financial costs accrued due to your injury.
The Judicial College Guidelines (JCG) publishes the potential brackets of compensation for general damages, separating them according to the seriousness and sort of injury. Please see the table below for examples of possible compensation figures:
|Moderate brain damage (i)||£150,110 to £219,070||Where the injury causes a moderate to severe intellectual deficit. Senses are affected including sight and speech with possible personality change and risk of epilepsy plus no employment.|
|Severe neck injuries (iii)||£45,470 to £55,990||Fractures, dislocations, severe soft tissue damage and/or tendon ruptures causing notable permanent disability. The level awarded depends on lessening symptoms and the extent of treatment.|
|Impairment of taste and smell (d)||£19,200 to £24,990||Loss of taste.|
|Partial hearing loss or/and tinntius (d)||£12,590 to £14,900||Mild tinnitus with some noise-induced hearing loss.|
|Minor Achilles tendon (d)||£7,270 to £12,590||The ankle turns causing tendon damage and unsure ankle support.|
|Wrist injury (d)||£6,080 to £10,350||There is a complete fracture or soft tissue injury where the recovery takes longer.|
|Severe dislocation of the thumb (u)||£6,340 to £7,780||Severe dislocation of the thumb.|
|Minor back injury (ii)||£4,350 to £7,890||Where the injured person will undergo a full recovery between three months and two years without surgery.|
|Hernia (c)||£3,390 to £7,230||Where the inguinal hernia is uncomplicated and can be potentially repaired. There is no associated injury or damage to the abdominals.|
|Less severe post-traumatic stress disorder (d)||£1,540 to £5,860||The injured person will have near-complete recovery within one to two years with persisting long-term symptoms.|
Additionally, you could receive compensation for special damages. This includes, for example:
- Domestic care you had to pay for, such as cleaning and cooking, while you recovered
- Travel to and from medical appointments
- Loss of income and future earnings
Contact our advisors for more information if you have had an accident at work and want to know what your rights are. Also, we can provide more clarification around personal injury compensation today.
Workplaces cannot be completely safe and there is always a chance that an accident may occur. However, when employer negligence causes you direct injury, you could claim. Negligence refers to an employer breaching their duty of care.
An employer can ensure they are providing a duty of care by following workplace legislation. For example, under the Management of Health and Safety at Work Regulations 1999, an employer should conduct assessments to identify, assess and control the risks present in the workplace. They must make sure they eliminate or lessen the harm that risks pose and inform employees of their presence.
HASAWA establishes steps an employer can take, which include:
- Housekeeping – There should be no obstructions or spills left uncleared as they can result in slip, trip and fall accidents.
- Work systems – Maintenance of tools and equipment should be kept to an adequately safe standard to lessen the likelihood of malfunctions such as emergency stop buttons on conveyor belts and hydraulic presses.
- Training and supervision – All employees have the right to free, relevant training for their job. Training can mitigate mistakes that arise from human error, such as manual handling or endangering peers when operating heavy machinery like forklifts.
- Personal Protective Equipment (PPE) – In accordance with The Personal Protective Equipment at Work Regulations 2022, employers should provide free and suitable PPE where necessary. Faulty PPE, or no PPE, can expose employees to unnecessary risks such as smoke and other toxic fumes.
If an employer’s negligence towards health and safety regulations caused your injury, you may have grounds to make a claim. We encourage you to contact our advisors if you need further guidance on workplace legislation and how to make an accident at work claim.
Injury At Work Examples
Depending on the nature of your work and workplace, there are different types of injuries you could suffer. If your employer did not take reasonably practicable steps to reduce the risk of harm and you suffered harm as a result, you might be able to make an injury at work claim.
Examples of workplace injuries could include:
- Chemical burns from detergents or hair dyes due to a lack of PPE.
- Lacerations or amputations from faulty equipment, such as a deli slicer without a finger guard.
- Broken bones, soft tissue injuries and head injuries from slipping on a spillage.
Our list isn’t fully exhaustive. You may have suffered an injury at work in a different accident and still have a valid claim. If you ask, ‘I had an accident at work, what are my rights?’, get in touch with our advisors for more information. As part of your injury at work rights, you could be eligible to claim if you were harmed due to negligence. Our advisors can help you understand how to claim for an injury at work. Call us today.
There can be many causes of workplace accidents; from employees recklessly conducting themselves to employer negligence. However, it is very important to remember that you can only claim if an employer’s negligence caused your injury.
To prove negligence, evidence is needed to support your case. Hiring a lawyer can make this process feel easier as they can offer guidance on what evidence can be gathered, for example:
- Medical records – Seek out immediate medical attention. The document created by the medical professional can help clarify the extent of your injuries.
- Accident at work book – By law, workplaces with 10 or more employees are required to have an accident at work book. The book can help to provide a timely record of the incident. A colleague can fill it in on your behalf if you are indisposed.
- Photographs – Pictures can help to show the injury and accident site.
- CCTV footage – Ask your employer for the CCTV and collect footage from your colleagues too, where possible.
- Get legal advice – We encourage you to seek out legal advice on how to make a claim after an accident at work.
A No Win No Fee agreement is a common umbrella term that can refer to a Conditional Fee Agreement (CFA). Our panel of expert solicitors operate under a CFA, which can be beneficial when making a personal injury claim.
A CFA can help when claiming as it can give you peace of mind. It requires you to pay no solicitor fee immediately, and no solicitor fee at all if your claim is unsuccessful. Your CFA lawyer will only take payment through a success fee if your claim succeeds. A success fee is a percentage of your compensation that is legally capped and is taken to cover your lawyer’s legal fees.
Get Advice On “What Are My Rights After I Had An Accident At Work?”
For free legal advice on your accident at work and what your rights are moving forward, speak to our advisors today. They may be able to put you in touch with our panel of No Win No Fee solicitors. Contact us by:
- Calling us on the number at the top of the page
- Using our live chat feature
- Completing our online claim form
We have published other useful articles below:
- 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 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
And, we have provided some useful external links too:
Contact our advisors today if you would like more information on your accident at work and what your rights are in regards to claiming.
Publisher Ruth Vaughn
Writer Jack Edwards