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.
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- How Do I Make A Strong Work Injury Claim?
- The Frequency Of Accidents Leading To Injury Claims
- How Do I Find The Evidence To Build A Successful Claim?
- Calculating My Work Injury Claim Payout
- Why Should I Use A No Win No Fee Personal Injury Solicitor?
- Find Out More About Work Injury Claims
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 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%.
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.
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.
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 Injury||How Much?||Description|
|Brain Damage: Moderate (ii)||£85,150 to £140,870||Injury has affected the ability to work and there's a modest to moderate intellectual deficit.|
|Chest Injuries||£29,380 to £51,460||Damage to chest and lung(s) causing some continuing disability.|
|Kidney||Up to £60,050||A risk of a future urinary tract infection (UTI) or loss of natural function.|
|Bladder||£60,050 to £75,010||An injury that has led to a serious deterioration of control and some pain with incontinence.|
|Neck Injuries: Severe (iii)||£42,680 to £52,540||Injuries 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 £36,390||Damage to an intervertebral disc, nerve root irritation with reduced mobility.|
|Shoulder Injuries: Serious||£11,980 to £18,020||Damage 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 £36,770||An injury to the pelvis or hip that does not have a major or permanent disability.|
|Wrist Injuries||£22,990 to £36,770||Injury causes a significant and long lasting disability.|
|Severe Leg Injuries: Serious (iii)||£36,790 to £51,460||Serious 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
If you have any further questions, don’t hesitate to contact us via our live chat feature.
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
Here are some additional resources for you to have a look through.
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:
- 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
- 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
To find out more about the process of a work injury claim, reach out to our advisors.
Written by WEL
Published by VIC