Have you had an accident at work and been asking yourself, ‘Can I make a work injury claim if I didn’t take time off?’ Right off the bat, the answer is yes, and this is because the nature of your injury and your job can mean that you don’t need to take time off work. For example, if you have suffered a broken leg, and you work an office job where you are seated, you won’t necessarily require time off.
Important Points
- You are not obligated to take time off work; however, your health is the main priority
- You can still claim without seeking immediate medical treatment; however, early medical help can work in your favour
- To have an eligible claim, your employer must have breached their duty of care, and you suffered an injury as a result
- The more evidence you have, the stronger your work injury claim
- You will typically have 3 years from the date you suffered the injury to make a work claim
If you have an immediate question, such as ‘Can I make a work injury claim if I didn’t take time off?’, please do not hesitate to contact us using the details provided below.
Contact Us
- Call us on 0800 073 8804
- Contact us online
- Talk to us using our live chat
Frequently Asked Questions
- Can I Make A Work Injury Claim If I Didn’t Take Time Off Afterwards?
- Can I Claim For A Work Injury If I Didn’t Get Medical Help?
- Do I Have To Take Time Off Work For An Injury?
- Will Going Back To Work Affect My Injury Claim?
- How Much Compensation Can I Get After A Workplace Injury?
- What Do I Need To Begin An Accident In The Workplace Claim?
- Get Help From Legal Experts’ Accident At Work Solicitors
- More Information
Can I Make A Work Injury Claim If I Didn’t Take Time Off Afterwards?
Yes, you can make a work injury claim if you didn’t take time off work afterwards. However, you must be able to satisfy specific eligibility requirements:
- Your employer owed you a duty of care
- They breached this duty
- You suffered a workplace injury as a result of this breach
The above applies because your employer is legally required to provide you with a duty of care while you are working, as per the Health and Safety at Work etc Act 1974. More specifically, your employer must take reasonable steps to ensure your safety.
If you believe that your employer has breached their duty of care towards you and it has directly caused your injury, please get in touch so we can determine whether you have an eligible claim.
Can I Claim For A Work Injury If I Didn’t Get Medical Help?
Yes, you can claim for a work injury if you didn’t get medical help. However, seeking immediate medical attention works in a claim’s favour because:
- It maps out a timeline for your injury
- It demonstrates that your injury was serious enough to require medical attention
However, not attending a GP or hospital immediately doesn’t mean that the accident or injury never happened. With this in mind, you absolutely still have a right to claim, and you can leverage other pieces of evidence.
If you didn’t seek medical attention immediately after your injury and you’re wondering how you can strengthen your claim, connect with one of our expert advisors.
Do I Have To Take Time Off Work For An Injury?
No, you don’t have to take time off work for an injury if your job can be done safely alongside recovery. However, if you work a physically demanding job, such as being a chef or a factory worker, taking time off may be necessary, as your health should always be a priority.
Do you still have some questions about taking time off? Get in touch with us over the phone, online or via our live chat.
Will Going Back To Work Affect My Injury Claim?
No, going back to work won’t affect your injury claim. This is because legal professionals will be empathetic to the fact that the loss of earnings will have a negative impact on all areas of life and that statutory sick pay is insufficient to sustain a person’s long-term livelihood.
If you want to discuss in more detail how returning to work could influence your work injury claim, have a chat with one of our team members.
How Much Compensation Can I Get After A Workplace Injury?
The amount of compensation you can receive after a workplace injury varies depending on the type of injury you have suffered and its severity. For instance, compensation takes into account the impact on your quality of life after suffering paralysis or long-term mobility issues because of a broken collarbone.
Specifically, there are two heads of compensation: general and special damages. The former covers any pain and suffering you have experienced as a result of your workplace injury. The factors considered will be:
- What injury did you suffer, and how severe is it?
- How long is your expected recovery?
Special damages cover any money you have lost as a direct result of your injury. Examples of financial loss are:
- Loss of earnings from being unable to work
- Medical bills from treating the injury
- Travel expenses, for example, travelling to the hospital
Notably, you will be expected to provide evidence in the form of bank statements, invoices, receipts, and payslips.
Moreover, when it comes to your solicitor calculating your compensation, they may refer to the Judicial College Guidelines (JCG) to assist them. The JCG is a publication which articulates a wide range of injuries accompanied by their related compensation brackets. Your own personal injury solicitor might use the JCG to determine your workplace injury compensation.
Please find below a table containing carefully selected injuries and compensation figures from the JCG. Please note that the first figure has not been obtained from the JCG, and this table of compensation brackets is intended to serve as a guide, not a confirmation of figures.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Serious Injuries with Special Damages | Multiple Injuries | Up to £500,000+ |
| Brain & Head | Less Severe | £18,700 to £52,550 |
| Pelvis & Hips | Moderate (ii) | £15,370 to £32,450 |
| Wrist | c) | £15,370 to £29,900 |
| Arm | Simple Fractures of the Forearm | £8,060 to £23,430 |
| Neck | Moderate (iii) | £9,630 to £16,770 |
| Shoulder | Moderate | £9,630 to £15,580 |
| Thumb | Moderate Injuries to the Thumb | £11,800 to £15,370 |
| Elbow | Moderate or Minor Injury (iii) | Up to £15,370 |
| Back | Minor (i) | £9,630 to £15,260 |
If you need clarification regarding general or special damages, please contact us today.
What Do I Need To Begin An Accident In The Workplace Claim?
What you need to begin an accident in the workplace claim is:
- Sufficient evidence
- To abide by the time limit
Firstly, having your work injury claim backed by robust evidence drastically improves the likelihood of your case being successful.
Many things can serve as evidence. Please find some examples below:
- Medical records
- An accident logbook
- Photographs of the injury site
- Photographs of the accident site
- Contact details from witnesses
- CCTV footage
Secondly, you must file your work injury claim within the legal time limit of 3 years from the date of your injury as stated by the Limitation Act 1980. This is a legal requirement, and if you fail to adhere to the 3-year window, your claim will be registered as time-barred by the courts.
With that being said, specific individuals are exempt from this time limit:
- Adults who lack the mental capacity to make a claim independently
- Minors who are under the age of 18 and are too young to claim
In an effort to prevent the individuals above from being disadvantaged, the legislation introduced the concept of a litigation friend. This is a legally appointed role where a family member can file a workplace injury claim on behalf of the protected party. The litigation friend will navigate decision-making and communication with legal practitioners.
If you require more clarity on evidence or time limits related to your workplace injury claim, please contact our team so we can assist you.
Get Help From Legal Experts’ Accident At Work Solicitors
Here at Legal Expert, we don’t believe that legal support should be inaccessible because of finances, so we offer our help on a No Win No Fee basis in the form of a Conditional Fee Agreement. This contract gives you access to a robust range of benefits if you decide to work with us:
- You won’t have to pay for your solicitor’s work if your claim fails
- You will have no ongoing fees to pay for your solicitor’s work
- You won’t have to pay any upfront fees
If your claim is successful, you will pay a success fee for your solicitor’s services. This is paid directly out of your compensation as a legally capped percentage as per The Conditional Fee Agreements Order 2013.
Alongside these benefits, we will also provide you with a wide range of services:
- We will tell you how strong your claim is
- We will determine a fair compensation figure
- We will represent you in negotiations and court proceedings
- We will get you medical care that might not be available on the NHS
- We will break everything down in plain English, including your rights and any potential claim outcomes
- We will gather evidence on your behalf, such as police records
- We will follow all instructions to the letter and guarantee that all deadlines will be promptly met
We understand that this is a challenging time. Let us help you by addressing your question: Can I make a work injury claim if I didn’t take time off? Please contact us using the details provided below.
Contact Our Team
Contact Us
- Call us on 0800 073 8804
- Contact us online
- Talk to us using our live chat
More Information
Some more guides by us:
- Read this guide if you have had an accident at work while unloading.
- Read our guide on pallet truck accidents at work.
- Read our guide on broken foot injury claims.
Some additional information:
- Make your employees safer by managing risks and risk assessments at work.
- Learn about sprains and strains from the NHS.
- Familiarise yourself with the death or injury at work statistics by the Office for National Statistics.
Thank you for taking the time to read our guide on: Can I make a work injury claim if I didn’t take time off?
