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How Can I Make A Successful Work Injury Claim?

Starting a claim for an injury at work can be stressful, especially when you are confused about where to start. This guide has been designed to help you begin your claim and demonstrate how to make a successful claim. 

work injury claim

A guide to making a work injury claim

Our advisors are on hand 24 hours a day, 7 days a week to offer you free legal advice and to answer any of your questions. You can get in touch with us by calling the number at the top of the page, contacting us via our website or using the live chat feature.

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  1. How Do I Make A Strong Work Injury Claim?
  2. The Frequency Of Accidents Leading To Injury Claims
  3. How Do I Find The Evidence To Build A Successful Claim?
  4. Calculating My Work Injury Claim Payout
  5. Why Should I Use A No Win No Fee Personal Injury Solicitor?
  6. Find Out More About Work Injury Claims

How Do I Make A Strong Work Injury Claim?

In order to make a strong work injury claim, you would need to establish who is at fault. Within a workplace setting, accidents could be a result of employer negligence. To prove negligence has occurred then you would need to show:

  • You were owed a duty of care by your employer
  • They breached this duty, causing an incident or accident
  • You suffered an injury or illness as a result

If you can show this, you could be eligible to make a claim for compensation for a work injury. Then it is a matter of gathering evidence.

Time Limits While Claiming 

When making a personal injury claim for a work injury, there is generally 3 years from the date of the accident or the date you became aware that someone’s negligence caused or contributed to your injury. The time limit is set out by the Limitation Act 1980. However, there are exceptions to this rule. 

  • Claiming on the behalf of a child under the age of 18. This means that you would have to apply to become a litigation friend. If you were injured when you were under 18 and nobody claimed on your behalf, you could have 3 years to claim from your 18th birthday. 
  • Claiming on the behalf of a person who lacks the mental capacity to. The time limit is suspended here and a litigation friend can claim on their behalf. If the person regains mental capacity then they could take over the claim. Alternatively, if nobody’s already claimed on their behalf, the time limit starts from the date of the recovery.

To find out more, feel free to contact us through our live chat feature. 

Work Injury Statistics

The Health and Safety Executive (HSE) undertakes detailed research into injury and illnesses within the workplace. It also publishes the health and safety at work statistics for Great Britain.

The HSE records reports of workplace injuries made through The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Regarding data from the year 2020/21, there were 51,211 non-fatal injuries reported by employers. 33% were caused by slips, trips or falls on the same level. This is followed by handing, lifting or carrying at 18%.

The Frequency Of Accidents Leading To Injury Claims

Not all accidents lead to a claim. As an employee, you have a responsibility to protect your own safety to a reasonable extent. For example, if your reckless behaviour caused your own injuries, you would find it difficult to claim. However, some accidents caused by employer negligence do lead to claims.

The Health and Safety at Work. etc Act 1974 (HASAWA) is one of the most prominent pieces of legislation that governs the health and safety procedures within a work environment. It states that the employer’s duty of care is to keep their employees as safe as reasonably possible within the workplace. The HSE also has a page on the employer’s responsibilities

If an employer is in breach of their duty of care, this could result in an accident and injury. For example, if there was some debris littering the corridor in the workplace but it wasn’t attended to, an employee could trip over. The result of that trip could have been an injury, such as a damaged ankle or broken fingers. That employee could make a claim. 

How Do I Find The Evidence To Build A Successful Claim?

The first step to take after you have been involved in an accident is to seek out medical attention. This should always be the first step after an accident. Every workplace should have a qualified first aider. They would assess the injury and offer the appropriate care. 

Once the first step is complete, after some time in recovery you could begin to start the claim process. For this to be as effective as possible you could start to gather information and evidence. These can be items such as:

  • Photos of the accident site
  • Photos of the injury 
  • Contact details of witnesses 
  • CCTV footage of the accident 
  • A written record of the accident from the accident book

It could be a good idea to seek legal advice when you are claiming. This can help you to jump any hurdles that you may have come across. It can also help clear any confusion you may have and lead you in the right direction. 

If you need any further advice or help with making a claim for an injury at work, then feel free to contact us via our live chat. Our advisors are on hand to offer legal advice and point you in the right direction. 

Calculating My Work Injury Claim Payout

When calculating compensation for a work injury claim, there are a number of factors that are taken into account. The Judicial College provides a set of guidelines that outlines compensation brackets for injuries. These brackets vary based on the severity of the injury sustained.

Types of InjuryHow Much?Description
Brain Damage: Moderate (ii)£85,150 to £140,870Injury has affected the ability to work and there's a modest to moderate intellectual deficit.
Chest Injuries£29,380 to £51,460Damage to chest and lung(s) causing some continuing disability.
KidneyUp to £60,050A risk of a future urinary tract infection (UTI) or loss of natural function.
Bladder£60,050 to £75,010An injury that has led to a serious deterioration of control and some pain with incontinence.
Neck Injuries: Severe (iii)£42,680 to £52,540Injuries that consist of fractures or dislocations or any severe damage to tendons, any of which lead to chronic conditions.
Back Injuries: Moderate (i)£26,050 to £36,390Damage to an intervertebral disc, nerve root irritation with reduced mobility.
Shoulder Injuries: Serious£11,980 to £18,020Damage to the lower part of the nerve (brachial plexus), resulting in pain in the shoulder, neck, elbow as well as a weak grip.
Injuries to the Pelvis and Hips: Moderate (i)£24,950 to £36,770An injury to the pelvis or hip that does not have a major or permanent disability.
Wrist Injuries£22,990 to £36,770Injury causes a significant and long lasting disability.
Severe Leg Injuries: Serious (iii)£36,790 to £51,460Serious fractures or injuries to the joints or the ligaments resulting in prolonged treatment, inability to bear weight on the leg and instability.

General Damages is a part of the compensation that is determined by the severity of the harm you sustained and the impact the injury may have had on your quality of life. 

There may be a need for you to prove the severity of your injuries. In this case, you would be assessed by an independent medical professional, and they will then make a report of their findings. Your solicitor could submit this alongside all the other evidence that has been gathered. 

Special Damages compensate you when there are additional financial expenses that may have been incurred as a result of an injury. These could include both past and future losses that were incurred as a result of your injuries. This is providing that you have evidence; for example, payslips could be used to show any loss of earnings that were incurred as a result of you being unable to work while recovering. 

Types of financial losses that can be considered a part of special damages:

  • Childcare costs
  • Loss of wages
  • Travel expenses 
  • Prescriptions/aids 

If you have any further questions, don’t hesitate to contact us via our live chat feature. 

Why Should I Use A No Win No Fee Personal Injury Solicitor?

A No Win No Fee personal injury solicitor could help you through the claiming process. No Win No Fee agreements are also called Conditional Fee Agreements and are an arrangement between your and your personal injury solicitor. It contains the understanding that if you win the case, then you will have to pay a success fee. The percentage of the fee is capped by law. Your solicitor will discuss this with you so that there aren’t any surprises.

On the other hand, if your case is unsuccessful then you wouldn’t have to pay the success fee to your solicitor. 

You don’t need to have a solicitor to begin the claims process. However, it is useful to obtain a solicitor’s knowledge and advice. Our advisors can put you in touch with our panel of personal injury solicitors. This service is available 24/7 so feel free to contact us about your questions.

Talk To Us About A Work Injury Claim

If you are still wondering how to move forward with your work injury claim, don’t hesitate to contact us through:

  • Our live chat 
  • Ringing the number at the top of the page
  • Contacting us through our website 

Find Out More About Work Injury Claims 

Here are some additional resources for you to have a look through.

The NHS website has a helpful guide on what to do if you have suffered a broken leg as well as finding services near you

The HSE also offers a guide of how to report an accident at work with examples of the different types of accidents. 

Check out more of our accident at work claims guides below:

To find out more about the process of a work injury claim, reach out to our advisors. 

Written by WEL

Published by VIC