10 things to know about an accident at work claim?
By Martin James. Last Updated 12th April 2021. Welcome to our online guide where we shall be discussed workplace accident claims. Within this guide, we are going to discuss the claims process, the things to know about accident at work claims, and how a personal injury solicitor could be of assistance.
If you have been involved in an accident in the workplace that was not your fault, there is a very high chance that you will be entitled to compensation. Many people worry about claiming against their employer, though, as they fear that there will be consequences and they will lose their job. You do not need to worry about this, as you will discover in further detail below. This guide reveals everything you need to know about making a claim against your employer for an accident that has happened at work. This includes everything from the time limits on claiming to the requirements for any agency workers that wish to make a claim. If you have any queries or are ready to make a claim, you can call us at 0800 073 8804. Please do not hesitate to contact us with your questions, no matter how big or small.
Select a section
- Can I claim compensation for an accident at work?
- What are the time limits for making an accident at work claim?
- Should my accident be recorded in the accident book?
- How long do I need to be working there to claim?
- Can agency workers claim for an accident at work?
- What are the most common accidents at work?
- Can I be sacked for making a claim?
- Can I claim for loss of earnings?
- How much compensation would I receive for an accident at work? (April 2021)
- How do I go about making a claim?
- The things to know about accident at work claims FAQ
I had an accident at work, what are my rights? All employers shave a duty to provide a safe and healthy working environment for their workforce. If they break this responsibility and are injured because of it, you will most certainly have the grounds for a personal injury claim. There are many different ways that your employer could be to blame for the incident that has happened to you. Here are some examples regarding the type of incidents that can lead to successful workplace accident compensation claims:
- Being injured because of equipment that was faulty or not maintained correctly
- Contracting an illness due to exposure to toxic or noxious substances
- Suffering industrial injuries
- Injuries caused because of co-worker negligence
- Assault in the workplace
- Injuries caused because an employer has not carried out the correct risk assessments
- Injuries caused because an employer has overlooked risk assessment findings
- Injuries because an employer has ignored the health and safety policy
- Failure to provide the correct PPE
- Injuries caused because an employer has not trained you or other workers appropriately
It is important to stress that the list presented above is not exhaustive. It does not matter how unusual the incident you were involved in is, if your employer is to blame, there is a high chance that you are entitled to a payout. The best thing to do if you believe your employer has acted dangerously and/or negligently is to get in touch with the accident at work experts at Legal Expert.
For more insight into things to know about accident at work claims, please read on.
It is important to be aware of the fact that there is a time limit on all personal injury suits. The accident at work claim time limits is three years after the day/night of the incident. Of course, in some cases, it is not possible to determine an accident date. This is especially the case for those that have been diagnosed with some form of industrial disease. If this applies, you will have three years from the date you discovered the injury. If you are under the age of 18 and you have been injured in an accident while working, you have two choices. You can either wait until you are 18-years-old, by which stage you will have three years to make a claim. Or, to make a claim now, you need to get an adult to do this on your behalf. It is a good idea to talk to your parents, and they will be able to proceed with your claim for you, and the money will be held in a trust until you turn 18.
The simple answer to this question is ‘yes’ but let’s explain what an accident book is and why you need to ensure the incident you have experienced is recorded in this book. An accident book is a document that all businesses and organisations are required to keep by law. It is used to record details regarding work-related injuries for which state benefits could need to be paid. You can find out more about this via the Health and Safety Executive website.
An accident book is a pivotal document for any business for a number of different reasons. Firstly, it helps the employer to manage issues relating to health and safety. Not only this, but it will help you when it comes to making a compensation claim. This is because it serves as proof of what has happened. If you have not reported the incident and it has not been recorded in the accident book, this can make your claim weaker. This is not to say that you do not have a chance to claim, but you will need to work hard to gather other evidence to show that the incident happened.
Health and safety law in the UK requires all people and employers to control premises, from restaurants and supermarkets, to record any dangerous occurrences, diseases, injuries, and incidences. There is no requirement regarding the way that records are kept. However, accident books as the preferred option because they comply with the Data Protection Act requirements. Not only this, but in accordance with RIDDOR, if you have more than seven consecutive days off work because of an accident, it needs to by reported by law.
Now that you are aware of the law behind this book, you may wonder why it is so vital in making a claim. Well, to build a strong case, proving how, where and when an accident happened is pivotal, and this is exactly what the accident book does. It also gives you the ability to showcase liability and negligence too.
The accident book will record the following, which will help you to establish your case:
- Where, when, and at what time the accident happened
- The treatment offered and any medical advice given.
- A brief description of the nature of the incidence
- Personal details of anyone that was involved
It is important to make sure that you get the accident book’s incident at the earliest opportunity. It is wise to ensure that you view what has been recorded in the accident book so that you can prove it is correct. Once the recording has been made, all employers need to ensure that they hold onto it for a minimum of three years. This is because three years is the time limit on personal injury cases, and so you will have ample time to pursue a payout, although you are advised to do this sooner rather than later.
If you do not record the accident book incident, you can still launch a claim, be it a fall from a height or a back injury at work claim. The strength of your remaining evidence will dictate whether you are successful or not. Moreover, having no record in the accident book will not dictate the final payout you receive – this is based on the pain and suffering you have been subject to, as well as the costs you have had to incur because of your injuries.
Please read on for more things to know about accident at work claims, or give us a call today to discuss your case.
You may be worried that you cannot make a claim if you have only been at the job for a short space of time. However, this does not matter. If you have been injured and it was the employer’s fault, you should be able to claim no matter how long you have been in the job in question.
The difference between agency workers and full-time workers is one of the things to know about accident at work claims when you’re looking to make a claim. If you are an agency worker, you may be wondering whether you have the same rights as standard employees when it comes to launching a claim.
You will be pleased to know that you can most definitely make a claim if you have been the victim of an illness or injury while providing agency work for a business. After all, it does not matter whether you are in employment or not, and your boss still has the duty to provide a safe and healthy work environment for everyone.
While there may be some differences with regards to the way agency workers are hired, and what they are entitled to, one thing that remains the same is the employer’s Duty of Care. The Health and Safety at Work Act 1974 refers to everyone working for a specific employer. It does not matter in what capacity the individual in question is working, be it full-time, an agency worker, or a one-off job.
What do employers have a responsibility to do as per the Health and Safety at Work Act 1974?
- Ensure that all employees know about the potential hazards that a specific workplace has and the steps they can take to lower these risks.
- Make sure that the working environment fully complies with all standards in place for health and safety.
- Make sure that all equipment is in the right working condition and that it has been maintained well. This is vital to lower the chance of potential risks.
- Supply protective clothing and equipment (PPE) when needed.
- Make sure that all staff has extensive and relevant training.
- Ensure that all employees have a working environment that is safe and healthy.
If your employer has failed to adhere to the above, irrespective of whether you are an agency worker, full-time employee, part-time employee, or temp worker, you will be entitled to compensation for the injuries you have sustained.
There are so many different types of accidents that can happen in the workplace. Of course, this depends on the sort of workplace you operate in as well. Nevertheless, some of the most common types of workplace incidents include falls from a height, injuries due to improper training, industrial illnesses, objects falling from a height, use of defective equipment and inadequate PPE.
The UK Government’s HSE department has outlined.
- 1.6 million Work-related ill health cases (new or long-standing)
- In 2019/20, 111 Fatal injuries to workers.
- 6.3 million Estimated working days lost due to non-fatal workplace injuries
- 480,000 Workers suffering from work-related musculoskeletal disorders
- 65,427 Non-fatal injuries to employees reported by employers
The graph below shows the cost that workplace injury and illness has had to individuals, employers and the government in 2018/19. As we can see here, the majority of the cost is associated with ill health.
Our next section will go into further detail on things to know about accident at work claims, including whether you can be dismissed for making a claim.
There are many people that have been injured in the workplace, yet they never make an accident at work claims because they are fearful that they will lose their job as a consequence. It is understandable that you may be concerned about this, but there is no need to be, as your employer cannot sack you for launching a claim.
By law, all employers are required to have liability insurance with an authorised insurance company to cover accidents in the workplace. Therefore, if a claim is made, it will be the insurer that pays out. It does not come directly from your employer’s back pocket and, therefore, you do not need to be concerned about the claim having an adverse impact on the business due to the financial damages.
Not only this, but if your employer were to sack you because of the claim, he or she would only find themselves in even deeper water because you would then have grounds for launching an unfair dismissal claim. After all, it is an employer’s responsibility to provide safe and healthy working environment. This is something they are required to do by law. If they have failed to do this, you cannot be the one to suffer in terms of losing your job. To find out more about this, read our guide on workplace accidents and dismissals. For more things to know about accident at work claims, including what can be included and the compensation amounts, please read on.
Yes, if you have missed work due to your injuries or illness, you can claim for loss of earnings. Of course, you may be entitled to full accident at work sick pay while you are off work, and so it is wise to check your contract first and foremost. Nevertheless, if you are self-employed or not entitled to sick pay, and so you have missed out on income due to what has happened, you will claim for this. However, you will need to make sure you have proof of the income you have lost, so keep a hold of relevant payslips and invoices that will back up your typical earnings.
One thing that a lot of people ask us when they call our helpline is how much compensation they will receive. This depends on the nature of the accident you have been involved in and your injuries, for instance, how severe they were or if they’ve affected you in the long term.
In the table below, you will be able to see the typical payout amount based on the injury that has been suffered. This should help to give you a better understanding of the amount of compensation you could be entitled to. Please note that while you may have come across an accident at work claims calculator online, these tools only ever provide very rough estimates and you should not rely on their figures.
|Injury Type||Severity||Typical Award Bracket||Notes|
|Brain Damage||Very Severe Brain Damage||£264,650 to £379,100||In these cases, there will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence and the need for full-time nursing care.|
|Brain Damage||Moderatley Severe||£205,580 to £264,650||These cases will involve serious disability. Disabilities may be physical, for example, limb paralysis, or cognitive, with marked impairment of intellect and personality.|
|Brain Damage||Less Severe||£14,380 to £40,410||In these cases the injured person will have made a good recovery and will be able to take part in normal social life and to return to work. Tthere may still be persisting problems such as poor concentration and memory or disinhibition of mood.|
|Psychiatric Damage Generally||Severe||£51,460 to £108,620||In these cases the injured person will have marked problems with respect to life, education, work and relationships. The prognosis will be very poor.|
|Psychiatric Damage Generally||Moderate||£5,500 to £17,900||In these cases the injured person will have some problems with respect to life, education, work and relationships. The prognosis will be good.|
|Psychiatric Damage Generally||Less Severe||£1,440 to £5,500||The level of the award will take into consideration the length of the period of disability and the extent to which daily activities and sleep were affected.|
|Neck Injuries||Severe||In the region of £139,210||Neck injuries resulting in little or no movement in the neck and severe headaches which have proved intractable, despite wearing a collar 24 hours a day for a period of years.|
|Neck Injuries||Moderate||£23,460 to £36,120||Injuries such as fractures or dislocations which cause severe immediate symptoms and which may necessitate spinal fusion, and chronic conditions which leave markedly impaired function.|
|Back Injury||Severe||£85,470 to £151,070||Cases of the most severe injury involving damage to the spinal cord and nerve roots, leading to a combination of very serious consequences not normally found in cases of back injury.|
|Back Injury||Moderate||£26,050 to £36,390||Includes cases of residual disability where the disability is less severe than the category above.|
|Shoulder Injury||Severe||£18,020 to £45,070||Injuries in this bracket are associated with neck injuries and involving damage to the brachial plexus|
|Shoulder Injury||Moderate||£7,410 to £11,980||Includes Frozen shoulder with limitation of movement and discomfort with symptoms persisting for about two years and soft tissue injuries with more than minimal symptoms persisting after two years but not permanent.|
If the injury you have sustained is not featured in the table above, don’t worry. You can give our team a call, and they will happily provide you with more information on this.
Hopefully, you now have all of the information you need regarding making an accident claim against your employer. The only thing left to do is start the claim process. To do that, give Legal Expert a call, and we will assist you every step of the way. Our personal accident at work claims line is 0800 073 8804, which is open seven days a week so that you can call at a convenient time.
Please note that we’re open 24 hours a day, 7 days a week. There are other ways you can get in touch with us too, including the live chat feature on our website, as well as via email, our online contact form, or by using the request a call back feature on our website.
You will be pleased to know that all of the advice and the accident at work compensation examples we give are provided free of charge, and there is no obligation to continue with our service once you have spoken to one of our advisors. However, if you do, we promise that our team will work as hard as possible to get you the maximum amount of compensation possible.
Useful Links And Things to know about accident at work claims
We hope you have found this guide useful and you now have all the information you require to make a decision on how and whether to make claims for accidents at work. However, we know that you may require some further assistance, so we have put together a collection of links to assist you.
Health and Safety Executive
This link takes you to the UK Government’s Health and Safety Executive. Here you will find plenty of information regarding the health and safety laws that are in place in the UK. You will also find lots of guidance, as well as the latest health and safety news.
Dismissal and your rights as an employee
This link takes you to the UK Government page on workplace dismissals. You will find out everything you need to know regarding your rights, including the reasons you can be dismissed, as well as what to do if you are dismissed, and constructive and unfair dismissals.
This is another link to the UK Government’s Health and Safety Executive, where you will find statistics regarding RIDDOR.
Why not take a look at our guide to learn more information about slip, trip and fall cases against an employer.
Please take a look at our guide to learn more about back injury claims against an employer.
Have you suffered from a manual handling accident? Why not take a look at our guide to learn more.
Can I claim for an accident at work?
You could have grounds to make a compensation claim against your employer if you are injured due to their negligence. Under the Health and Safety at Work etc. Act 1974, your employer is required to carry out safety measures to the best of their ability. Should they fail to carry out this obligation and you become injured, then you could have grounds to make a claim and hold them accountable.
Do I get paid if I have an accident at work?
Your employer is not required to pay you sick leave, even when you are injured due to their negligence. However, please note that any losses you endure from taking time off after a workplace accident could be factored into your claim.
Should I begin my claim within a specific timeframe?
In order to make a personal injury claim, you must begin your case within 3-years from the date of the incident. However, should you fail to begin your claim within this timeframe, then your case’s validity could be affected? Please note that there are exceptions to the limitation period. Please contact our team to learn more.
Can I claim on behalf of an injured loved one?
If a loved one is injured at work, you could have grounds to make a claim on their behalf. A claim of this nature would fall under the Mental Capacity Act 2005. For more information on how a solicitor could assist you throughout this process, please speak to one of our advisers.
Can I claim on behalf of a child?
Yes. If someone was injured under the age of 18 at work, then you can claim for them as a litigation friend until they turn 18. Once they turn 18 they have three years to make their own claim.
What duty of care does my employer owe me while I’m at work?
While you’re at work, your employer has a responsibility to ensure your safety in work as far as is reasonably possible. This includes things like providing adequate training and PPE as well as ensuring good housekeeping and carrying out regular risk assessments.
What’s the most common kind of accident resulting in injury in workplaces?
In 2019/20, slips, trips and falls on the same level accounted for 29% of workplace injuries; this is more than any other accident kind.
What is the first thing that should be done when accidents happen?
When you’re involved in an accident at work, you should start collecting evidence as soon as you can. This includes things like taking photographs of the circumstances of the accident, collecting eyewitness accounts and seeking medical attention so that your injuries are on record.
Does it cost to make a claim for an accident at work?
No, making a claim for compensation doesn’t need to cost you a penny. You don’t need to have a solicitor acting on your behalf to make a claim, but if you do choose to do so, then you may find that it becomes expensive paying for a law firm on their hourly rates. Our No Win No Fee agreement means you won’t pay a penny until you receive your claim.
Once again, thank you for taking the time to read our guide. If you have any questions on the things to know about accident at work claims, please contact our team today.