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I Had An Accident At Work – Is My Employer Liable?

By Cat Way. Last Updated 24th February 2023. In this guide, we focus on the question “I had an accident at work, is my employer liable?”. If you have had an accident in the workplace, and it was not your fault, then it’s possible you may be entitled to compensation.

In these cases, the question of who is responsible is the main one. Was your employer to blame? Or, was someone else to blame for the incident? Perhaps it was an accident and no one can be held responsible? Getting to the bottom of this question is of paramount importance to determine whether you have a case for compensation or not.

Accident At WorkIn this guide, we will help you to determine what your employer has to do in order to provide a healthy and safe working environment – something they are required to do by law. This will help you established accident at work employer responsibility to determine the strength of your case. At Legal Expert, we have decades of experience in helping people to secure the full amount of compensation they are entitled to. We have worked on lots of accident at work claims. So please do not hesitate to get in touch with us if you require more information or you’re looking for support in starting a valid accident at work claim. You can contact us by phone on 0800 073 8804. You can also contact us online through our claim online page or our 24/7 live chat service.

When Is An Employer Liable For An Accident At Work?

Following an accident at work, you may be wondering who could be at fault—you or your employer? In some cases, you could be liable for your injuries; for example, if you did not pay attention to a wet floor sign or other safety signage or if you failed to wear appropriate personal protective equipment after it had been provided. However, in other cases, the liability may fall on your employer. 

You can only make a personal injury claim if you can prove that your employer is at least partially liable for your injuries. In order to do so, your case must meet the following criteria:

  • Your employer must owe you a duty of care
  • They must breach this duty of care
  • As a result, you are injured 

These three factors together form employer negligence. Under the Health And Safety At Work etc. Act 1974 (HASAWA), employers owe their employers a duty of care. This means that they have a responsibility to take all reasonably practicable steps to keep their employees safe while working. 

There are many ways that an employer could breach their duty of care, which could then lead to an accident at work. Read on to learn more, or contact our team today to find out if you could make a personal injury claim.

What are common accidents at work my employer could be liable for

There are many different accidents that can happen in the workplace. Here are a handful of examples:

  • Injuries that have happened because of a lack of training
  • Falls from a height
  • Injuries due to obstructions
  • Accidents that have happened because risk assessments have not been carried out
  • Accidents due to risk assessment findings being ignored
  • Slips, trips and falls
  • Injuries due to inadequate PPE

Essentially, if your employer has not provided a safe and healthy working environment, and this has caused you to suffer an injury, you can make a claim.

Office accidents at work and injury claims

A lot of people have the tendency to assume that accidents only happen in ‘dangerous’ working environments, such as farms and building sites. This is not the case. Accidents can happen in the office too, with Repetitive Strain Injury (RSI) being one of the more common. We can help you to launch an office accident at work claim.

Construction accidents at work and injury claims

Construction sites require a great effort in terms of healthy and safety because of the potential dangers. There are numerous legislations that are in place regarding this. From machinery injuries to injuries that have been put up due to scaffolding not being put up correctly, there are so many types of accidents that can occur. As long as the incident was not something you were at fault for, you can make a claim.

School accidents at work and injury claims

If you work at a school, and you have been injured, you can make a claim. There are a number of accidents that can happen at school, from illnesses contracted due to poor hygiene, to slips, trips, and falls. If an employer is to blame, it’s vital to secure compensation for the wrongdoing that has happened to you.

Commercial premises accidents at work

From retail stores to supermarkets, there are many different types of commercial premises across the UK. If you have been injured on-site, including injuries that have happened due to car park accidents, there is a high chance that you can claim compensation. Call us today to find out more.

Rules for sick pay and time off for employees

If you are too ill or injured to work, you may be entitled to Statutory Sick Pay (SSP). Your employer could pay this for a period of up to 28 weeks. You cannot get less than the SSP amount, but you may be entitled to more. You should refer to your contract to find out whether this is the case. If you are not entitled to full pay, you can actually claim for the income you have lost when making a compensation case.

Rules for agency workers and time off

Your rights as an agency worker depends on how long you have been in the job. After 12 weeks, you are entitled to equal treatment, which means you would get annual paid leave and equal pay. When claiming, you can claim for any loss of income. Therefore, if you were employed for a certain amount of time as an agency worker, you will probably be able to claim income for this period of time.

Can my employer dismiss me after an accident at work?

One of the main reasons why people do not make claims when they have been involved in an accident at work is because they fear that they will be dismissed after accident at work. They are worried they will upset their employer, and because of this, they will end up getting fired. This is something you will not really need to worry about. You won’t get fired because this is actually against the law. You would then have the basis for an unfair dismissal claim.

By law, all employers need to have insurance in place to cover such incidents, and so it is their insurance firm that will be paying for the claim, so you don’t have to worry about this compromising the business or the claimant’s position in any manner.

What evidence is required for proving an accident at work?

Gathering evidence is vital in any case. Here are some of the steps you can take to strengthen your case…

  • Keep track of all expenses incurred due to the accident
  • Get witness testimonials
  • Take photographs of your injuries and/or any damage to the scene
  • Report the accident at work so there is an official record
  • Make a note of everything that occurred

Accident At Work Claims – Settlement Guidelines

Now that we’ve discussed employer responsibility after an accident at work, we will explain compensation in employer liability cases. If your claim is successful, you would receive general damages. This covers your injuries and the pain and suffering they cause.

Below, you can find a table that uses figures from the Judicial College Guidelines (JCG). Solicitors refer to this document when calculating general damages awards as it offers guideline compensation brackets for various injuries and illnesses. However, the brackets shown are not guaranteed.

Edit
Injury Type Compensation Bracket Notes
Very Severe Brain Injury £282,010 to £403,990 While there is some ability to follow basic commands, there is little to no language function, and little to no meaningful response to the surrounding environment.
Moderate Brain Injury (i) £150,110 to £219,070 A moderate to severe intellectual deficit with an effect on the senses and a risk of epilepsy.
Total Loss Of One Eye £54,830 to £65,710 Awards in this bracket depend on psychiatric and cosmetic effects as well as the age of the claimant.
Chest Injuries (b) £65,740 to £100,670 Traumatic chest, lung, and heart injuries that cause permanent damage and physical disability.
Injuries To The Digestive System (a) (i) £43,010 to £61,910 Continuing pain and discomfort caused by severe damage.
Hernia (a) £14,900 to £24,170 Even after repair, there is continuing pain and a limitation on physical activities.
Moderate Back Injuries (i) £27,760 to £38,780 This bracket contains many injuries, such as crush/compression fractures to lumbar vertebrae.
Moderate Shoulder Injuries £7,890 to £12,770 Frozen shoulder causing limited movement for about two years.
Fracture of Clavicle £5,150 to £12,240 Consideration given to the extent of the fracture, the level of disability, and any residual symptoms.

You could also claim for special damages. This second head of claim allows you to claim back any financial losses you suffer because of your injuries. For example, this could include travel costs, medical bills, or loss of earnings. However, it’s important to provide evidence of these losses when claiming.

Contact our team today to learn more about compensation for an accident at work and who could be liable in your case. Our advisors can give you free legal advice, and can answer questions such as, “I had an accident at work, can I claim?”.

What is a No Win No Fee Agreement?

There are many different factors you need to consider when you are looking for the best solicitor for you – this includes experience, as well as track record. One thing you will also want to consider is how you are going to pay the solicitor. There are two options available to you. You can go down the traditional route. This means paying upfront and then being billed per hour.

The other option is to go down the No Win No Fee route. This means the solicitor will get their payment from your compensation – this will be a percentage of the payout you have received. You will have agreed on the percent beforehand with the solicitor. This means that if your compensation claim is not a success, you won’t need to pay. This ensures you are protected financially and you shan’t be out of pocket. If you go for the other option, you could finish up without compensation yet with a legal bill – this is a situation no one wants to be in. We make sure that doesn’t happen at Legal Expert because all of your claims are made on a No Win No Fee basis.

How Legal Expert can help you claim

If you want to make a claim against your employer, this is definitely not something that you should do on your own. While this is an option, it is a big mistake to make if you do not have advanced legal experience. This is where our team comes in. We have years of experience within the industry, and we could help you to secure the maximum settlement of compensation that is available to you.

We provide advice, free of charge, and this does not come with any obligation to continue with our service. Nevertheless, if you do decide to move forward with your claim, we will provide you with the best solicitor for you. This will be a solicitor that has up to 30 years of specialist experience. We can also help you with any other matters pertaining to your situation, be it gathering evidence or arranging a local medical exam. We always put our customers first, and we have a great reputation. You need only to look at our customer testimonials to see that this is always the case. Please do not hesitate to call us if you would like to find out more about our business and what we can do for you.

Are you ready to begin a claim?

Should you have suffered illness or injury in the workplace, it is important to get the compensation you are entitled to. Please call Legal Expert today to pursue your claim. You can also contact us if you have any further questions about the accident at work procedure or you are unsure regarding whether your employer is to blame or not. Just dial 0800 073 8804 and you will be connected with an experienced advisor. There are alternate ways to connect with us on our website, including our live chat feature, online contact form, and the free call back request form.

Helpful Links

NI Direct Accidents at work

For more information about health & safety in the workplace, including reporting an accident at work, head to the above link.

Reporting for work accidents

There is a certain way that workplace accidents need to be reported. You can find out more about this by visiting the link, which directs you to the UK Government Health & Safety Executive’s website.

Non-fatal work injuries

For information regarding the number of non-fatal injuries at work in Great Britain, this link is useful. You will find a number of statistics, including data about the length of time taken off work.

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

I had an accident at work, is my employer liable? – FAQ

Is an employer liable for an employee car accident?

When an employee drives a vehicle owned and provided by their employer for work purposes, both parties owe a duty of care. The employee should observe road traffic laws and take all reasonable steps to avoid causing harm to other road users. The employer, meanwhile, should take reasonable steps to ensure that the vehicle they provide is road-worthy and the employee driving it is suitable and fit to drive it. So who may be considered liable following an employee car accident will depend on whether the employer or the employee breached the duty of care they owe. Depending on the circumstances, another party outside the employer and employee may be held fully responsible for the car accident.

Is my employer liable for damage to my car?

If your car is damaged, it may only be possible to claim for damages from your employer if there’s evidence that they were at fault for the damage and injuries caused.

Can I be sacked for causing an accident at work?

If your own misconduct is what caused an accident at work, then your employer could dismiss you from your job if they deem that the appropriate response. They would have the grounds to take this decision whether or not the accident injured you in the process.

If you would like to contact an advisor with questions such as “I had an accident at work, is my employer liable?”, then you are welcome to get in touch with Legal Expert today. You can get in touch with us using the contact details featured in this guide.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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