Our Services In Accident At Work Claims
- Assault At Work Compensation Claims
- Back Injury At Work Claims
- Burn Injury At Work Claims
- Construction Accident Claims
- Dangerous Machinery At Work Claims
- Factory Accident Claims
- Forklift Accident At Work Claims
- Injury Claims If Self-Employed
- Ladder Accident Claims
- Manual Handling Injury Claims
- NHS Injury At Work Claims
- Wet Floor At Work Accident Claims
If you’ve been injured while carrying out your job, you may be entitled to pursue an accident at work claim for compensation.
Workplace injury claims usually arise when an employer has failed to follow proper health and safety procedures or acted negligently, resulting in avoidable harm to an employee.
As we explain below, to succeed, you will need to show that your employer was at fault, supported by evidence such as photographs of the accident scene, medical records, and witness statements.
Seeking advice from a specialist work injury solicitor, such as ourselves can make the process simpler and improve your chances of securing the full amount of compensation you deserve.
You can click below to take advantage of a free case check, where you can get advice on your rights and options.
4.8 (466 reviews) Meet Our Workplace Accident Team
Can I Make An Accident At Work Claim?
Employers have a legal duty of care to their employees under the Health and Safety At Work Etc Act 1974. Under this law, it is an employer’s responsibility to take reasonable steps to ensure the safety of their workers.
The eligibility criteria in accident at work claims are as follows:
- You were owed a duty of care by your employer.
- They breached this duty by not taking reasonable steps to ensure your safety and follow health and safety regulations.
- This breach caused you to be injured in an accident.
Is There A Time Limit To Claim Compensation?
In most cases, the time limit is 3 years from the accident date, per the Limitation Act 1980. However there are certain circumstances where exceptions can be made. These are:
- Minors: children will have the standard 3-year time limit frozen until they reach 18 years of age.
- Lacking sufficient mental capacity: If the injured person does not have the mental capacity to make a work injury claim for themselves, either as a result of the accident or due to a pre-existing condition, they will have the time limit paused indefinitely.
In these scenarios, a litigation friend may be appointed by the court to pursue the claim on behalf of the injured person. To find out more about the time limit for accident at work claims, or for a free assessment of your eligibility, get in touch with us today.
4.8 (466 reviews) How Much Compensation Could I Claim For My Injury At Work?
Compensation in successful accident at work claims can be awarded under two heads of loss. These are:
- Compensation for physical injuries and as well psychological distress is awarded under “general damages.”
- Under “special damages,” compensation for financial losses caused by the injuries can be awarded but not independently of general damages.
Determining a potential compensation value for your claim is one of many tasks our highly experienced solicitors can assist you with throughout the claims process. Those assigned to this task can refer to the medical documents you provide alongside the figures from the Judicial College Guidelines (JCG).
The JCG sets guideline compensation amounts for various injuries. We have taken a broad selection of those values for use in our compensation table.
| Injury Type | Severity | Guideline Compensation Value |
|---|---|---|
| Multiple Very Serious Injuries With Significant Financial Losses. | Very Serious. | Up to £1,000,000 + |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Moderate (c)(i) | £183,190 to £267,340 | |
| Back Injuries | Severe (a)(i) | £111,150 to £196,450 |
| Moderate (b)(i) | £33,880 to £47,320 | |
| Chest Injuries | Total Removal of One Lung and/or Serious Heart Damage (a) | £122,850 to £183,190 |
| Damage to Chest and Lungs(s) | £38,210 to £66,920 | |
| Leg Amputation | Above-knee Amputation of One Leg | £127,930 to £167,760 |
| Shoulder | Serious (b) | £15,580 to £23,430 |
| Hand Injuries | Total or Partial Loss of Index Finger | £14,850 to £22,870 |
| Less Serious Leg Injuries | Less Serious (c)(ii) | £11,120 to £17,180 |
4.8 (466 reviews) Can I Claim Back The Likes Of Lost Earnings and Bonuses?
Yes, you can claim back the money you have lost due to the injury and accident. This could be lost salary from having to take time off work to recover, and it could also cover bonuses too.
This part of the claim isn’t limited to your earnings, but any cost you incurred because of the injury. This can include:
- Transport costs to and from medical and legal appointments
- Domestic care, including for any children or other dependents
- Home adaptations in cases of life-changing injuries
Make sure you retain copies of your payslips as well as other documents such as invoices for care, receipts and travel tickets as proof of any financial losses you have experienced.
What Are The Most Common Types Of Accidents At Work?
Each year, the Health and Safety Executive (HSE) publishes statistics on workplace accidents, showing which are the most common. Below, you can find a summary:
-
Slips, Trips Or Falls
Wet floors, uneven surfaces and poor housekeeping are frequent causes.
-
Manual Handling, Lifting Or Carrying
Poor technique or lack of equipment can lead to strains and back injuries.
-
Struck By A Moving Object
Inadequate guarding, unsecured loads or busy sites can cause impact injuries.
-
Acts Of Violence
Assaults in the workplace may arise from inadequate risk assessments or controls.
-
Falls From A Height
Common on scaffolds or ladders where edge protection and training are lacking.
-
Construction Accidents
High-risk sites demand strict controls over height, vehicles and plant.
What Evidence Could Help In Accident At Work Claims?
Evidence forms a key part of all accident at work claims. You will need to demonstrate that the employer’s breach of their duty resulted in you being injured.
Examples of possible evidence include:
- Medical Records: It is always advisable to get medical attention following an accident, even if you only sustain a minor injury. While your health is, of course, the first priority, the records produced by the treatment can be very useful evidence.
- CCTV footage: If available, you can request CCTV footage of the accident taking place.
- Photographs: It may also be a good idea to take photographs of where the accident occurred and your injuries
- Accident Book: All employers have responsibility for recording injuries at work, but those with 10 or more employees are legally required to keep an accident book on site. You can take a copy of your incident report from this.
- Workplace Documents: Other workplace documents, such as machine servicing records, training materials, and other paperwork, can be used to show that these important tasks were not completed or performed incorrectly.
- Witness Statements: If your colleagues saw the accident occur, they could provide a witness statement. Take down their contact information so their statement can be collected during the claim.
Working with one of our solicitors may be very beneficial. A trained legal professional can utilise their knowledge and expertise and ensure your claim has the evidence it needs.
To discuss how to prove your claim, or for a free assessment of your eligibility to begin an accident at work claim, talk to our advisors today.
Make A No Win No Fee Claim
Our experienced accident at work solicitors can offer their services to you on a No Win No fee basis. This particular contract, also called a Conditional Fee Agreement (CFA), gives multiple benefits. These include:
- No upfront fee
- No fees during the claims process.
- Should the claim fail, you will not pay us for our work
- If you claim succeeds, you pay us a small, capped fee from your compensation award.
We explain all of the terms clearly before beginning the claim, so if you have any questions we can answer them for you.
If you’d like to learn more about our accident at work claims service or to request a free case consultation, contact us today by clicking below:
4.8 (466 reviews) Frequently Asked Questions (FAQ)
Below, you can find answers to some frequently asked questions on accident at work claims.
Do You Have To Be An Employee To Make A Workplace Injury Claim?
You may have suffered an injury in the workplace, but may not be classed as an employee. This could occur if you are self-employed, such as a freelancer or as a contractor or subcontractor.
Under health and safety law, you are owed the same duty of care as employees while you are on an employer’s premises and carrying out work-related duties. For example, if you are an electrician hired to install wiring on a premises but the employer did not ensure that the floors were free of trip hazards and you sustain injuries in a trip and fall, you could claim compensation.
However, you cannot seek compensation if your injury occurred in your own environment. For example, if you sustain injuries in a trip and fall in your home office. In these cases, it is your own responsibility to ensure the area is relatively safe.
Can I Still Claim If I Was Partly At Fault?
Yes, you can still make an accident at work claim if you were partly responsible. This is known as split liability.
This is when both the employer and the claimant are both partially responsible for the accident happening.
In these cases, if you are, for example, 50% liable for the workplace accident, you will be awarded 50% of the compensation. Likewise, if you are 20% liable for the workplace accident, you will be awarded 80% of the compensation, and so forth.
How Can Employers Prevent An Accident At Work?
Employers can avoid accidents at work claims by taking reasonable steps to prevent injuries. This is obviously quite a broad category; what’s deemed reasonable for an office would be inadequate for a construction site or factory.
So, to help employers meet their legal obligations, the HSE publish guidance on a variety of topics. We have included some of this guidance below:
- Risk Assessments: An employer should carry out thorough risk assessments for their premises, identifying all potential hazards and measures to mitigate them.
- Remove Risks: Some risks can be removed altogether by designing the work environment in such a way that eliminates that risk. For example, manual handling tasks can be avoided by using lifts and conveyors.
- Training: Employees should receive adequate training to perform their jobs safely. So, if vehicles, machinery, or any other work equipment are being used, only staff who have the right level of training should be using them.
- Personal Protective Equipment (PPE): Employees should be provided with suitable protective clothing, such as steel-toe-capped boots or safety gloves, free of charge. Damaged or worn equipment should be replaced for free.
What Are The Causes Of Workplace Accidents?
Some examples of different kinds of accidents that could occur if correct safety measures aren’t followed include:
- Your employer had not provided your colleagues with any vehicle training. Consequently, the unqualified driver of a forklift failed to stop and ran you over, breaking multiple bones. You can head here to learn more about cases involving injuries inflicted by colleagues.
- The protective clothing you were provided with was not adequate enough for the substances you were handling in a chemical plant. You suffered a substantial burn injury as a result of a chemical spill.
- Delivery drivers could get caught up in an accident through no fault of their own. For example, if you’re a driver of a HGV, you may have to help unload goods upon arrival. If the likes of roll cages aren’t safely stacked, they could topple and fall upon you.
- You could also slip and fall over dropped food if you work in a restaurant or kitchen and the hazard should have been cleared up
- You suffered an injury due to inadequate PPE. For example, you may have been asked to clear out a dusty room, but weren’t provided with a face mask and suffer exposure to toxic compounds like asbestos.
- You were instructed to lift an object that was well above the maximum weight limit. You suffered a substantial rotator cuff injury in your shoulder as a result of this.
- Your employer failed to carry out maintenance checks on the company ladders. Consequently, a fault was missed. You were instructed to install some guttering on the building. The unrepaired fault resulted in you falling from a considerable height in a serious ladder accident.
- A lack of proper safety guards on a band saw or chop saw in a machine shop resulted in your left index finger being cut off when the section of wood you were cutting to size became stuck.
Do I Need To Report An Injury To My Employer?
Yes, you should always report an injury sustained during work to your employer.
You could make your supervisor or team leader aware of an incident when it happens. Alternatively, there may be a designated contact listed in your employee handbook or staff intranet.
It is also worth finding your workplace’s dedicated first-aider as they can provide any necessary medical attention. A first-aider could also help you enter a workplace accident report by noting down the treatment you received.
If you don’t believe that your workplace has taken your concerns seriously, you can tell the HSE about the issue.
How Long Do Accident At Work Claims Take?
Injury at work claims can take differening lengths of time. It all depends on the case itself. For example, in straightforward cases with non-complex injuries, a claim could resolve within 12 months. If the injuries are serious or if the defendant disputes that they were responsible, it could take longer.
Who Actually Pays My Accident At Work Compensation?
Successful claims are normally paid by your employer’s Employers’ Liability (EL) insurer, which they are legally required to have (minimum £5m cover). It’s not taken from frontline budgets.
Can I Be Sacked Or Treated Unfairly For Making A Claim?
No. You cannot be dismissed just for bringing a personal injury claim. Doing so can be unlawful; you’re protected from victimisation for asserting your rights.
What Should I Do Immediately After An Accident At Work?
Report it, get it recorded in the accident book, seek medical attention, gather evidence (photos/CCTV, witness details), and keep receipts for costs. These records help with any claim or SSP.
Do Employers Have To Keep An Accident Book?
If an employer has 10+ employees, they must keep an accident book/records by law; keeping records helps risk management and insurance.
What Is RIDDOR And When Is An Accident Reportable To HSE?
RIDDOR requires employers (the “responsible person”) to report certain injuries, diseases and dangerous occurrences to HSE within set timescales. Not every accident is reportable, but serious/specified injuries and certain absences are.
Can Agency Workers Make A Workplace Injury Claim?
Yes. Agency workers can claim if a party that owed them a duty of care was negligent (host employer or agency, depending on control). Link internally to your agency-worker guide. You can find out more in our dedicated guide here.
Can Self-Employed Workers Claim For An Accident At A Client’s Site?
Often yes—if a duty of care was owed and breached (e.g., unsafe premises, lack of controls). You can head here to learn more about self-employed accidents at work.
Can I Get An Interim Payment While My Claim Is Ongoing?
If the defendant admits liability and you have immediate needs (e.g., lost earnings, rehab), your solicitor can seek interim payments deducted from the final award. Head here to learn more about interim payments.
Who Do I Claim Against On Multi-Employer Sites (e.g., Contractors, Warehouses)?
Liability can rest with the party in control of the work or premises (main contractor, occupier, or your direct employer). Your solicitor will identify the correct defendant(s) and insurer.