How to Prove An Accident at Work Claim
How To Prove An Accident At Work Claim
By Fern Mitchell. Last Updated 1st February 2021. Welcome to our guide on making an accident at work claim. On this page, you will find advice and information on how to prove an accident at work and then claim compensation for the injury it caused. However, if you are over the personal injury claims time limit of three years, you won’t be able to make a claim. Every employer is expected to maintain a healthy and safe working environment. When they don’t, an employee may be able to claim compensation, and this guide is about proving the liability of the employer and making a claim.
If you would prefer that somebody explain the process to you personally, rather than reading this guide, then this is no problem at all. Call Legal Expert on 0800 073 8804 today, and one of our team will give you all of the information you need.
Select a Section:
- A Guide To How To Prove An Accident At Work
- Why Is It Important To Know How To Prove Liability For Your Accident At Work
- How To Show Your Employer Was At Fault
- Demonstrating Breaches In Workplace Health And Safety
- Were You Given The Right Training Or Equipment?
- Proving Your Workplace Accident – Recording Your Accident At Work
- Proving Your Workplace Accident – What Is A Work Accident Questionnaire?
- Proving Your Workplace Accident – The Role Of Health And Safety Reports
- What Is A Claim Letter For A Workplace Injury?
- What Can I Claim In Work Accident Compensation?
- Examples Of Accident At Work Claim Settlements
- No Win No Fee Accident At Work Procedures
- How Legal Expert Can Help Prove Your Accident At Work Claim
- Contact Legal Expert Today And Start Your Claim
- Useful Links
A Guide To How To Prove An Accident At Work
Below, you will find advice and information that is intended to teach you about the process of proving liability on the part of your employer for an accident at work. Once you have proven liability, a personal injury solicitor will be able to help you make a workplace accident claim, and this guide will also outline the claims process that they will follow on your behalf. It covers all of the most useful information, such as RIDDOR and any other applicable Health & Safety legislation. The information you will find below includes:
- The importance of proving that your employer was liable for the accident and subsequent injury, and how lack of liability will likely mean you cannot make a compensation claim.
- Basic information on how you can show that your employer was responsible for causing your work-related injury.
- Advice on how you can start to prove liability on the part of your employer, by showing clearly that they have failed to comply with all applicable Health & Safety legislation.
- Information on the implications of employee training when it comes to making workplace accident claims.
- A discussion of the importance of ensuring that your accident has been properly recorded in the company accident book.
- A further discussion on the role of the work accident questionnaire with regard to providing a claimant with a solid basis to make a compensation claim.
- How a Health & Safety report is a leverageable resource when it comes to proving liability in workplace accidents.
- A description of a workplace accident claims letter, what it is, and what its purpose is.
- A list of the most typical types of damages a claim for a work-related injury could include as part of the final settlement.
- A table that shows some of the historical amounts of compensation that have been paid for a range of injuries caused by workplace accidents.
- A general introduction to the way that Legal Expert offers a claims service driven by a comprehensive Conditional Fee Agreement (CFA) as the best way to make an injury claim against your employer in a financially risk-free way.
- Some useful links that will give people who are hoping to establish the liability of their employer in a workplace accident claim additional information.
Why Is It Important To Know How To Prove Liability For Your Accident At Work?
The graph above shows many useful statistics about workplace accidents in the UK, as well as what the UK Government has done to lower the volume of accidents. In order to make a work injury compensation claim, you will have to prove that the liability for the accident at work rests with your employer.
There are a number of legal frameworks in place in the UK to protect employers from the negligent acts of their employer. Every company in the UK is required by law, to comply fully, at all times, with all Health & Safety legislation pertaining to their core business and the type of work their employees carry out. This means that there are multiple tools that a personal injury lawyer can use in an attempt to prove that your employer is liable to pay compensation for an injury caused by an accident in the workplace.
How To Show Your Employer Was At Fault
As mentioned above, there are a number of tools that can be used to prove liability for a work accident. Once you have proven the legal responsibility of your employer to pay damages, you can proceed with a compensation claim. The main ways that your employer can be proven to have put your health at risk are:
- Negligence – if your employer has failed to provide proper training or has failed to make the correct safety equipment to carry out a task, then they could be classed as having been negligent, and a valid reason to make a claim will exist.
- A failure in Health & Safety protocols – if your employer has failed to comply fully with all relevant H&S legislation, then a valid reason to make a claim will very likely exist.
- Unsafe manual handling procedures – if you are required to carry out manual handling tasks as part of your job, and your employer does not conform with all Manual Handling Operations Regulations 1992 regulations, a claim will be viable.
- Contractual errors – if there are mistakes made in your actual employment contract, for example, that you are actually employed when your contract stipulates self-employment, you could be able to claim.
- Liability of the occupier – if your employer fails to comply with all requirements that building owners must meet with regards to the Occupiers’ Liability Act. 1984, then you should be able to claim.
Demonstrating Breaches In Workplace Health And Safety
When it comes to an accident at work employers responsibilities, your employer is bound by law to ensure that you are provided with the safest materials, equipment and environment to carry out your daily job. UK Health & Safety Standards are used as the measure of compliance, and your employer must comply with them.
In many accidents at work examples, the employer has failed to either comply with these standards or has failed to train employees to a level that they are aware of and work within the guidelines set out by the Health & Safety Executive. If an employee comes to harm due to any kind of failure in compliance, then the employer will be seen as being liable to pay damages.
If you need to find out if your employer has failed to comply with Health & Safety legislation, call Legal Expert on the number at the end of this guide and explain your situation to us, we will let you know whether we think your employer is liable or not.
Were You Given The Right Training Or Equipment?
A partial answer to the question, I had an accident at work what are my rights? or I was dismissed after an accident at work what are my rights? Could be that if your employer failed to provide you with the right safety equipment for the task or has failed to train you how to do the task safely, your rights will include suing the employer for damages.
Your employer must legally provide you with a safe environment, adequate safety equipment, safe materials and the proper level of training to manage your own safety at work. If there has been a failure in this requirement, then Legal Expert should be able to help you claim compensation for your work-related injury. Call us now at the number in the last section of this guide to proceed with a claim against your employer.
Proving Your Workplace Accident – Recording Your Accident At Work
One of the accident at work employers responsibilities UK residents need to understand is that a vital part of the accident at work procedure is to record every single accident and injury, no matter how trivial, in the company accident book.
Your employer is required by law, as part of their compliance with Health & Safety protocols, to keep an accident book. This book is used primarily during H&S audits but can also be used to prove an accident took place in claims cases.
Proving Your Workplace Accident – What Is A Work Accident Questionnaire?
When you are reporting a work accident, you may be required to fill in a questionnaire about the accident, and how it happened. This questionnaire will be used as part of the subsequent health and safety report for the accident.
Both you and your immediate supervisor will have to fill in the questionnaire, and it is recommended that you check over what your supervisor has written to ensure that the information is correct. Otherwise, your claim could be threatened at a later stage if the information is wrong.
Proving Your Workplace Accident – The Role Of Health And Safety Reports
Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) the employer is responsible for reporting workplace accident by creating a Health & Safety report. The first stage of creating this report is holding a meeting, to get the main facts of the accident. The report, once completed, outlines the risks that cause the accident, and plans for mitigating them in the future.
What Is A Claim Letter For A Workplace Injury?
When a claim for an accident at work claim, the first thing that your personal injury lawyer will get you to do, is to send a claim letter to your employer. This letter needs to contain your name and address, as well as your National Insurance (NI) number.
It will then detail the accident that caused the injury, as well as the details of the injury itself. You will have to include a list of any financial losses the injury has caused as well.
What Can I Claim In Work Accident Compensation?
Something an accident at work compensation calculator won’t give you is an idea of the types of damages you might claim. To answer the questions, I had an accident at work do I get paid? Is that yes, as long as you win your claim. What you get paid will depend on the types of damages you are awarded, such as:
- General damages – all the purely physical aspects of the injury; permanent disabilities, long-term loss of quality of life, physiological injuries, pain, suffering, etc.
- Special damages – of the purely non-physical aspects of your claim; future loss of earning potential, loss of current income, care costs, travel costs, medical fees, etc.
Examples Of Accident At Work Claim Settlements
Instead of a personal injury claims calculator, we have provided this table of typical values paid for personal injury claims across a range of injuries:
|Severe shoulder injury||£18,020 to £45,070|
|Serious shoulder injury||£11,980 to £18,020|
|Moderate shoulder injury||£7,410 to £11,980|
|Minor shoulder injury||£2,300 to £7,410|
|Serious hand injuries||£27,220 to £58,100|
|Amputation of index middle and/or or ring finger||£58,100 to £85,170|
|Amputation of little finger||£8,110 to £11,490|
|Amputation of ring and little finger||£3,710 to £5,500|
No Win No Fee Accident At Work Procedures
Legal Expert can help you to prove employer liability, as part of our No Win No Fee workplace accident claims service that is available to all people in the UK.
Under this kind of agreement, there is no financial risk. There is zero cost to start a claim, zero cost to pursue your claim even if it takes many months, and if we don’t win any compensation for you, the total cost is zero. You only pay us if you win your claim.
How Legal Expert Can Help Prove Your Accident At Work Claim
We have a team of lawyers and advisers who are experienced experts in dealing with accident at work claims as well as many other types of personal injury claims. If there is anything you need to know about making a claim or about proving an accident at work wasn’t your fault, please contact us using the contact details provided to receive free advice and consultation.
If you are considering making a claim, please get in touch to speak with us about making a No Win No Fee claim with one of our expert accident at work lawyers.
Contact Legal Expert Today And Start Your Claim
We’d like to thank you for taking the time to read our guide to how to prove an accident at work claim. If you’re looking for support or free legal advice, Legal Expert can help you claim for injuries caused by manual handling, and for employers that have failed to fulfil their obligation laid down by occupiers liability legislation.
Call us on 0800 073 8804 now, and we will give you some free legal advice about what you should do next.
At the link you will find below is a complete guide to making claims against another employee for accidents at work:
At the link you will find below is a complete guide to making claims for slip, trip and fall accidents at work:
At the link you will find below, is a UK Health & Safety Executive web page that gives full information about RIDDOR:
At the link you will find below, is a legal overview of the UK Occupiers Liability Act 1984:
Accident At Work Claims FAQs
If you’ve been injured at work and would like to make an accident at work claim, you’re not alone. In 2019/20, 65,427 injuries to employees were reported under RIDDOR. But many people are still unsure about the process of making an accident at work claim.
What do I need to prove in an accident at work claim?
When making a claim for an accident at work, you’ll need to prove that the accident that you were involved in caused your injuries. The accident that caused your injuries should not be your fault if you’re pursuing a compensation claim. You’ll also need to show that it was caused by your employer’s negligence.
Should I report a minor injury at work?
Any accident that you sustain at work should be reported. Something that seems minor when it first happens might progress into a more severe injury that you need to make an accident at work claim for. If you find yourself in the future making a claim for an injury that you initially thought was minor, then having a report of the accident from the time it happened can help the process run much more smoothly.
How long do I have to claim for work related injuries?
Generally, you have three years from the date of your accident to make an accident at work claim. However, if you’re not aware that your accident caused your injuries until a later date, then the time limit to claim will start from the date you became aware that your injuries were caused by your accident. This is known as the “date of knowledge” and you’ll have three years from this date to make a claim.
Thank you for reading our guide on how to prove an accident at work claim. We hope you’ve found it useful.