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Can I Make A Work Injury Claim If I Have Left The Company?

By Danielle Jordan. Last updated 4th September 2023. If you’re wondering ‘can I claim injury compensation if I have left the company?’, this guide can help.

There are many common questions we are asked about making an accident at work claim. One common question, and one that we are answering here, is “can I claim injury compensation if I have left the company?”. So what happen if you leave a workplace after suffering an injury, but would still like to bring an injury at work claim against your former employer?

You may have left the workplace due to the accident, or for unrelated reasons. You may also not have made a claim at the time it happened because the accident, your injuries, or their impact on you could have seemed not serious enough to make a claim for. If your health has become worse and you now would like to bring an injury at work claim, you may wonder if you can do so. You may also need to claim against a former employer if you find you have an illness caused by your previous working environment but have only now had a diagnosis. You may also have had a good relationship with the company and fellow employees and been reticent to bring a claim. In our guide below, find out how to bring a claim.

Contact Legal Expert today to claim injury compensation if I have left the company with our team. Call us today to start your claim on 0800 073 8804.

Select A Section

  1. A Guide To Accident At Work Claims After Leaving The Company
  2. Does Employer Liability Change After I Leave The Company?
  3. How Can Making An Accident At Work Claim After Leaving The Company Help?
  4. Workplace Injury Statistics In The UK
  5. How Long Do I Have To Make An Injury At Work Claim If I Have Left The Company?
  6. What Happens If The Company Has Closed Down?
  7. Workplace Injury Compensation Claims Calculator
  8. Accident At Work Claims With A No Win No Fee Solicitor
  9. Useful Links

A Guide To Accident At Work Claims After Leaving The Company

If you’re wondering ‘can I claim injury compensation if I have left the company?’, this guide can help.

'can I claim injury compensation if I have left the company?'

‘can I claim injury compensation if I have left the company?’

People often think that they can not make an accident at work claim after they have left the employer. However, if you are wondering if you can claim “injury compensation if I have left the company”, the answer should be yes. As with any type of personal injury claim that you can make in the UK, there is a standard personal injury claims time limit within which all claims need to be made. Follow the link to find further information about this.

Remember, no matter whether you are still working for the same employer where your accident happened, employer liability continues if they were responsible.

Does Employer Liability Change After I Leave The Company?

If you’re wondering ‘can I claim injury compensation if I have left the company?’, it’s important to note that employer liability continues after you have left the employer or company.

Injury at work claims will be successful if you can clearly show that your previous (or current) employer was directly responsible for the injures you suffered. This means that you can make a claim against a former employer, and can even sue a dissolved company or sue a company that has ceased trading.

As long as you reported that your accident at the time and followed the correct accident at work procedures, as well as have sought medical advice or treatment, you can make an accident at work claim after leaving the company. No matter whether you are now working for a different company, your rights and and your former employers responsibilities don’t change.

How Can Making An Accident At Work Claim After Leaving The Company Help?

Are you thinking ‘can I claim injury compensation if I have left the company?’. If so, did you know you can claim if you no longer work for the employer, but it needs to be brought within three years of it happening, or of you finding out that your have the illness or injury.

Whilst there are lots of reasons to seek injury compensation if you have left the company, one of the main reasons people make any type of personal injury claim is for income they lost whilst off work recovering. A lot of people worry about making personal injury claims as taking legal action can seem a daunting prospect, even if you are in the right. People may not make a claim whilst still with an employer as they are worried about damaging their relationships with colleagues and the employer. However, if the case is handled properly this does not need to happen.

Workplace Injury Statistics In The UK

Before returning to the question, ‘can I claim injury compensation if I have left the company?’ we will look at some statistics around workplace accidents in the UK. Each year there are over a million cases of injury or illness caused by the workplace, or which were made worse by it. Figures from the Health and Safety Executive show that the most dangerous industries to work in are:

  • Construction.
  • Agriculture.
  • Recycling and waste management.

If you need to seek injury compensation if you left the company, talk to our specialist team today.

How Long Do I Have To Make An Injury At Work Claim If I Have Left The Company?

The personal injury claims time limit is the same not matter the cause of your accident and the injuries you suffered. Claims can be brought with in a three year period. This period can begin either at the point of the accident or exposure which caused your injury or illness, or it can begin much later if you only became aware of your injury or illness subsequently. In some cases of industrial disease, you may find the symptoms do not present until years after your exposure. As such, you may have changed jobs and moved to a different company.

What Happens If The Company Has Closed Down?

If you’re wondering ‘can I claim injury compensation if I have left the company?’, there are certain difficulties that can crop up when making such legal proceedings.

Whilst it can hard to make a personal injury claim against a company in liquidation, or to claim against a director of dissolved company, you can still do so. Making a personal injury claim against dissolved company may be more difficult to do, but it is still worth pursuing the compensation you deserve.

As long as the employer had insurance at the time of the accident or exposure, they should still meet the claim, even years later. Your personal injury solicitor will need to find out who the business insurance provider was at the time.

Workplace Injury Compensation Claims Calculator

If your claim for a work injury is successful, your settlement may consist of two heads of loss. These are called general and special damages.

Under general damages, you will be compensated for the physical pain and mental suffering caused by your injury. When assigning value to personal injury claims, legal professionals can refer to the Judicial College Guidelines (JCG) to help them. This document lists guideline compensation brackets for different types of injuries.

In our table below, we look at a few figures from the 16th edition of the JCG. As every successful claim is different, it does not represent your award. Therefore, you should only use this table as a guide.

Edit
Injury Type Details JCG Bracket
Back Injury – Severe (i) This bracket includes the most severe injury with damage to the spinal cord and nerve roots. This leads to severe pain, disability and a combination of incomplete paralysis and impairments to the claimant’s bladder, bowels or sexual functioning. £91,090 to £160,980
Brain Injury – Moderate (iii) In this bracket, the injured party suffers problems with their concentration and memory along with a reduced ability to work and a small epilepsy risk. £43,060 to £90,720
Severe Leg Injuries – Very Serious (ii) Found in this bracket are injuries that cause permanent mobility problems and multiple fractures that have taken years to heal. £54,830 to £87,890
Foot Injuries – Severe This bracket includes substantial mobility restrictions and/or considerable permanent pain from fractures to both heels and an unusually severe single foot injury, such as severe degloving. £41,970 to £70,030
Arm Injuries – Permanent and Substantial Disablement In this bracket, the injured party has suffered serious fractures in one or both of their forearms which leave behind a significant and permanent residual disability. £39,170 to £59,860
Injuries to the Hips and Pelvis – Severe (iii) This bracket includes many injuries, such as those that result in degenerative changes and leg instability along with the likelihood of requiring a future hip replacement. £39,170 to £52,500
Neck Injury – Moderate (i) The claimant has suffered severe immediate symptoms which may need a spinal fusion from fractures or dislocations or a chronic condition causing functioning impairments, activity limitations and vulnerability to further trauma. £24,990 to £38,490
Wrist Injury – Less Severe The claimant has suffered an injury which causes some permanent disability, such as persisting pain and stiffness. £12,590 to £24,500
Shoulder Injury – Serious The claimant has suffered a dislocated shoulder along with damage to the lower brachial plexus. This results in pain, sensory issues, grip weakness and restricted shoulder movement. £12,770 to £19,200
Toe Injuries – Serious This bracket includes injuries that cause some permanent disability such as discomfort, pain or sensitive scarring. £9,600 to £13,740

   

Special Damages

Your settlement may also consist of special damages. This head of claim is awarded to compensate for the financial losses you have suffered due to your injuries.

A few examples of the losses you might be able to recover include:

  • Your loss of earnings.
  • Medical expenses, including prescriptions and therapy.
  • Care costs.
  • Travel expenses.

You should submit proof of your losses, such as wage slips, bank statements and receipts.

Contact one of our advisors for a free claim valuation.

Accident At Work Claims With A No Win No Fee Solicitor

If you are eligible to make an injury at work compensation claim, you may wish to have legal representation to help with the process. One of our accident at work solicitors could support your claim. They generally offer their services under a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA).

When your solicitor works with you under this type of arrangement, they typically won’t ask you to pay upfront or ongoing fees for their services. Furthermore, you will not be expected to pay for their work on your case if you’re not awarded compensation following an unsuccessful claim.

However, if the outcome of your claim is successful, your solicitor will deduct a success fee from your award. This amount is a percentage that is limited by the law.

To find out if you are eligible to seek compensation for a workplace accident, get in touch with one of the advisors from our team. If it seems like you could have a valid claim, they could pass you onto one of our solicitors.

To speak to an advisor:

Useful Links

Check If A Business Is Still Trading
View this guide to how to find out if a company has gone out of business from the government.

No Win No Fee Claims
Find out how to make a no win, no fee claim with our comprehensive guide.

Below, you can find a list of guides which may tell you more about accident at work claims: