I Am A New Employee Can I Make A Personal Injury Claim?
By Daniel Archer. Last Updated On 6th April 2022. If you have been injured after just starting a new job, whether during training or orientation, it is reasonable to wonder if you can claim compensation if I am a new employee? In the UK, any employee can make a personal injury claim for an accident at work if the company they work for or their employer has breached the duty of care that they owe them. This is the same whether you have worked for the business for many years, or if you are a new employee.
You can claim as a new employee as, in the eyes of the law, all employees should be treated in the same way and afforded the same level of consideration and care. From the moment you start your job, your employer has a duty of care to make sure that your workplace is kept free from hazards and is safe and secure to work on. This can extend to different things in different workplaces. Parts of this duty of care which, if not followed, could lead to a new employee accident, might include providing your with the right training and equipment to perform the tasks your job entails in a safe way. They should also have properly trained you in any relevant health and safety protocols.
I Had An Accident At Work What Are My Rights As A New Employee?
Whether you are a new employee, or have been with your employer for years, if you have had an accident at work, you could be entitled to claim compensation. Find our more information for new employees in our guide below. When you are ready, call our team on
0800 073 8804 to start your claim. Or, talk to us about your claim online.
Select A Section
- A Guide To New Employee Accident Claims
- Accident At Work Statistics
- What Are Accidents At Work?
- Can I Make A Claim As A New Employee?
- Employee Injury Claims Calculator
- No Win No Fee Claims As A New Employee
- How Legal Expert Can Help New Employees To Exercise Their Rights
- Contact Us And Start Your Claim Today
- Frequently Asked Questions
- Helpful Resources
All employers have to provide their employees, new or existing, with the correct health and safety training covering every aspect of their job.
- This is can include instruction on how to safely use any equipment or machinery which you will use as part of your day-to-day job role.
- Instruction in awareness of any general or specific safety protocols and the use of safety equipment. This could be instruction about how or when to wear things such as a high visibility jacket, or when to wear protective footwear.
- An employer should also make sure you know how to turn machinery on and off in the right (safe) way, and how to shut it down or isolate it from the electricity in an emergency.
If your employer has failed to give you the right training as a new employee, and you have had a new employee accident at work, you can claim compensation if I am a new employee.
Under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), there are certain incidents in the workplace that must be reported to the Health and Safety Executive (HSE).
The graph below has been generated using statistics from these reports. As you can see, some of the most common causes of workplace injuries are displayed. The most common is a slip, trip or fall on the same level. This kind of accident can happen to young employees, but also to more seasoned employees.
How long you have been employed does not affect your ability to claim if you are injured due to negligence.
There are lots of different circumstances in which you can make a personal injury claim for an accident at work as a new employee. A new employee accident could happen in much the same way as any other type of accident at work. If an employee is injured during training and the accident was preventable, the employer could be liable for it.
Whilst they may seem innocuous, over half of all accidents in the workplace which do not lead to fatal injuries are caused by slips, trips, and falls and manual handling accidents. These should accident at work examples which are the easiest for any employer to prevent. Simply having the right accident at work procedure in place as well as the right training, and any equipment necessary should prevent these from happening. People who suffer from these types of injuries will typically have to take over seven days of sick/ injury leave to recover enough to go back to work.
Common injuries in the workplace will include:
- Bone fractures and breaks (such as a wrist, leg, or hand)
- Loss of hearing or sight, or impairment of those senses
- Head injuries and traumatic brain injuries
- Crush injuries (typically affecting the hands) caused by machinery
- Dermatitis due to chemical exposure. Typically affecting the hands and arms
- Lung conditions caused by exposure to substances such as asbestos, or other materials
- Work-related cancers or other diseases.
The first thing you should do before worrying about whether you can “claim compensation if I am a new employee“, is that your employers accident at work procedure for reporting and insurance provision should be the same for you as it is for any other employee at the company. You should also know that your entitlement to claim compensation after an accident is also the same as any other employees. Whilst this can be a common concern for anyone making a claim against their emplouyer, you should also not worry about being dismissed after accident at work as there are legal protections to prevent this.
If you are injured in the workplace as a new employee, you should take the same steps as any other employee injured during workplace training or whilst carrying out their duties. The steps outlined below will help you to strengthen your personal injury claim.
The first thing that you should do is to get any medical attention you need. This ensures your health is taken care of. At the same time, having supporting medical evidence for your personal injury claim can help make the process smoother. At the same time, you should also follow your employer’s accident at work procedure and record your injury in their accident report book or log.
If there are any witnesses to your accident, ask for their names and contact details and, if you can, take photos of your accident and injury. If the witness is a fellow employee, they should not worry about being dismissed after an accident at work where they acted as a witness.
A witness can also be someone who has seen similar circumstances to those leading to your accident happen at another time. Having this supplementary evidence, such as a witness statement, helps your personal injury solicitor to build a solid case showing your employers liability and the extent of your injuries.
Your employer should neither treat you differently (in a negative way) nor can they dismiss you for being involved in a workplace accident. We should also note that most employers would not think of dismissing someone.
Remember, whilst your personal injury lawyer will be making the claim against the company, it is their insurance provider who will settle your claim.
When making a claim, legal professionals will calculate how much your injuries could be worth. They will do so by consulting medical evidence regarding your injuries, as well as the Judicial College Guidelines (JCG). The JCG is a legal publication that contains a description of a variety of injuries. Alongside each entry is a range of monetary values.
These figures are based on past injuries in cases that have been handled. The amount you receive will have been calculated as appropriate for your level of physical pain and the psychological impact caused by your injuries. The amount is known as general damages.
We have included some example entries in the table below.
Injury Description Amount
Head/brain (e) Minor - minimal brain damage, if any £2,070 to £11,980
Post-traumatic stress disorder (b) Moderately severe £21,730 to £56,180
Sight (e) Total loss of sight in 1 eye £46,240 to £51,460
Chest (g) Rib fractures, soft tissue injuries Up to £3,710
Neck (c)(iii) - Full recovery within 3 months Up to £2,300
Back (a)(i) Severe - casts of the most severe nature with the spinal cord being damaged, etc £85,470 to £151,070
Shoulder (e) Clavicle fracture £4,830 to £11,490
Wrist (b) The injury will result in permanent and significant disability £22,990 to £36,770
Hand (h) Moderate - penetrating wounds, crush injuries £5,260 to £12,460
Face (b) Scarring that is very severe with a severe psychological reaction £27,940 to £91,350
You may also be eligible to receive special damages. This is a sum that’s calculated to reimburse you for costs and losses that can be directly attributed to your injuries. Examples include:
- Damage to property – so that any property that was damaged in the accident can be repaired or replaced.
- Loss of earnings – if you have had to take unpaid time off work due to your injuries.
- Medical expenses – prescription costs, etc.
Get in touch if you want more information on what can be included in a special damages payment.
No Win No Fee new employee claims can be made without any additional financial burden being put on you at what may already be a very stressful time financially.
No Win, no fee means exactly what it says. You will not have to make any payments to your solicitor unless, and until your claim has been successfully concluded and you have a settlement. Your Conditional Fee Agreement (the technical name for this type of contract) will set out what work your personal injury solicitor will do for you and what services they provide. It will also set out when and how they will be compensated, as well as what their total fee will be.
Using a CFA (or Conditional Fee Agreement) can enable claimants without access to sufficient funds to be able to make a claim, and it means you will never have a surprise bill as all costs and charges will clearly be set out.
We understand that when it comes to getting legal advice or making a claim, there are lots of different legal services, claims management companies, or solicitors in your area, and across the country. So, why should you use one of the solicitors Legal Expert can provide you with?
We like to think that we offer something different. We will always place your welfare and what is best for you at the heart of everything we do. As we are not working for you on a hourly or daily rate, we will not extend the claims process, or drag it out. Our aim is to get you the compensation you need, as quickly as possible, whilst maximising your settlement.
Contact our friendly team today and start your claim. You can call us on the number at the top of this page, or use the contact form (also on this page). You can also request a call back by sending and email to our team at firstname.lastname@example.org.
However you get in touch, start your claim for an accident at work as a new employee today.
How Can The Risk Of A New Employee Being In An Accident Be Reduced?
When compared to other, older workers, some younger employees may need special consideration when being employed for the first time, or in an unfamiliar environment or field. The risks to young people could vary from role to role.
For example, in an office environment, younger employees may be less likely to be aware of the risks involved because of a lack of work experience. In some, more specialised roles, there may be hazardous chemicals or other surroundings that require specific training and safety equipment.
According to the Health & Safety Executive (HSE), a young person’s risk assessment (or anyone else new to the job) can help reduce their risk of injury. So can making sure they have all the relevant information they require.
Can Young Employees Still Make A Claim?
Yes. If their injuries were caused by their employer breaching their duty of care, then the young person could make a claim. To give an example, the young employee may not have been provided with safety equipment for a task that required it.
The provision of this safety equipment is the responsibility of the employer. So, by not doing so, this could be a breach of the duty of care as stated in the Health and Safety At Work etc. Act 1974. This would be known as negligence and could be grounds for a claim.
View our guide to claiming compensation for a workplace accident whether as an employee or other type of worker in this guide.
Find out more about what no win, no fee claims are and how the process works in this handy guide.
Find out whether or not you have to be an employee to make a compensation claim against a workplace with our handy guide.
To find out more about your legal rights as an employee give us a call or click on this link.
Other Helpful Guides
- Slip, Trip And Fall At Work Claims
- Dangerous Machinery At Work – Injury Claims
- Office Accident Claims
- Inadequate Protective Equipment – Injury Claims
- Injury Claims Against Another Employee Or Work Colleague
- Injured At Work During Probation Period Claims
- Who Pays Your Damages After A Work Related Injury?
- Slipped On Water At Work Claims
- Accident At Work Medical Bills Guide
- Can You Claim If You Did Not Take Time Off Work?
- Do You Have To Be An Employee To Make A Work Injury Claim?
- How to Prove An Accident at Work Claim
- Must You Be An Employee To Claim For A Workplace Injury?
- Will Suing My Employer For A Work Injury Create Problems?