I had an accident at work – Is my employer liable?
By Stephen Hudson. Last Updated 7th April 2022. 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.
In 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.
- Accident at work Employer Liability Guide
- What constitutes employer liability?
- I had an accident at work, what are my rights?
- What are common accidents at work my employer could be liable for
- Office accidents at work and injury claims
- Construction accidents at work and injury claims
- School accidents at work and injury claims
- Commercial premises accidents at work
- Rules for sick pay and time off for employees
- Rules for agency workers and time off
- Can my employer dismiss me after an accident at work?
- What evidence is required for proving an accident at work?
- What can I claim for after an accident at work with employer liability?
- How long do I have to put forward an accident at work claim?
- Compensation calculator for Accidents at work with employer liability
- What is a No Win No Fee Agreement?
- How Legal Expert can help you claim
- Are you ready to start a claim?
I had an accident at work, what are my rights? Can I claim? There are lots of different accidents which can take place in the workplace, no matter what industry you are involved in, be it the building industry, financial services sector, or any other type of working environment. This could be a slip, trip, or fall, it could be an accident that has occurred while working from a height, an incident due to inadequate training or other types of accidents.
When it comes to claiming, it is all about determining who is responsible for the accident you have been injured in. Is your employer responsible? This could easily be the case. All employers are required to provide a safe and healthy environment for their workers and members of the public. This is a legal responsibility, and if they have failed in this responsibility, they will ultimately be blamed for the incident you have been involved in. So, with that in mind, read on to discover whether your employer is to blame for what has happened to you. You will also find plenty of information on launching a claim, the No Win No Fee approach, accident at work examples, accident at work employers responsibility, the amount of money you may receive for claiming, and more besides this.
Generally speaking, employers can be held liable for an incident that has occurred out of the general course of employment. This is what employer liability is. You are able to take legal action if your employer has acted in a way that has gone against the law, and therefore, against their duty to provide a working environment that is safe and healthy.
I had an accident at work, what are my rights? No matter what industry you work in, the health and safety of all employees is of paramount importance. There are UK and EU laws that have made sure this is the case. The two key rights here are as follows: your right to seek instant medical attention if you have been injured at work, and your right to claim compensation if the accident has not been your fault. It is also worth noting that if you believe working conditions are hazardous, you have a right to refuse to work, and you should do so.
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.
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 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.
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.
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.
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.
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.
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.
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
It is possible for you to claim for the below when it comes to accidents at work:
- General damages for your pain and any suffering
- Travel expenses
- Any loss of income
- Medical costs
- Any other costs that have occurred due to your injuries, e.g. counselling expenses or childcare costs
You have three years to make a claim for an accident that has happened in the workplace. This is three years from the date of the accident. However, there are some exceptions to this rule. If you have been the victim of an industrial disease, this may be due to the working environment you were in ten, 20 or even 30 years ago.
Nevertheless, the symptoms may have only presented themselves now. In this case, you will have three years from the date of your diagnosis instead. Please note that the sooner you claim, the easier it will be, as the details will be fresh in your mind, so please do not wait around to obtain the payout you deserve.
If you have decided that you want to move forward with making a claim, one of the most important things will be learning how much compensation you may be able to receive. After all, you want to make sure that the payout you are going to get is worthwhile. While there are a lot of accident at work compensation calculator tools available online today, which claim to calculate your payout amount, they can only ever provide a rough estimate.
Unfortunately, no one can furnish you with a completely accurate number of pounds of what your compensation is going to be. This is as every case is different. There are no two cases that are ever the same. Therefore, and rightly so, all claims are handled individually so you get a fair payout amount. Nevertheless, this does not mean you cannot get a rough understanding of your payout. Below, we have gathered the average compensation amounts for some of the most common injuries that happen in the workplace…
|What injury have you sustained?||Some details about the nature of the injury…||The typical compensation payout for such injuries|
|Mild foot injury||You have sustained an injury to the foot but will make a complete recovery.||£5,300 - £11,050|
|Serious – moderate foot injury||This is for severe injuries to either one foot or both that have caused a fracture, restriction and/or some form of disability.||£18,500 - £52,900|
|Extremely serious foot injury||In this case, the person will have had to have both feet or one of their feet amputated. The impact this has had on their life will be considered when determining the exact payout amount.||£64,000 - £152,750|
|Mild leg injury||These cases will usually involve either soft tissue damage, a brake or a fracture, which causes discomfort and pain yet a recovery is made.||£1,800 - £17,900|
|Serious – moderate leg injury||For these causes, the person will usually have a life-long prognosis, although this does not have to be the case. Restriction in terms of movement will have occurred, as well as disability.||£21,750 - £104,100|
|Extremely serious leg injury||This is the severest type of leg injury, which means that either one leg or both legs will have been amputated. Whether the amputation was above or below the knee will be considered when determining the right payout.||£75,100 - £215,000|
|Severe – mild wrist injury||The person will experience issues with the functioning of their wrist, but they will usually have full recovery.||£2,550 - £44,500|
|Mild arm injury||A complete recover will be made, yet the person will have suffered pain and problems in terms of movement.||£4,500 - £30,250|
|Serious – moderate arm injury||The person will experience disability in both arms or one arm, as well as problems with movement of a significant extent. Great suffering and pain.||£30,100 - £99,750|
|Extremely serious arm injury||This is the most serious type of arm injury, and so amputation will usually be the case. The maximum award will be for cases whereby both arms have been amputated.||£74,200 - £227,250|
|Mild head injury||This is for head injuries that have caused pain and may have some effects that last for a long time or forever. However, there will not be any brain damage present for such injuries.||£1,500 - £9,500|
|Serious-moderate head injury||For these cases, the individual will usually suffer a change to their personality, mental disability, and a loss of feeling in their limbs.||£12,500 - £200,000|
|Extremely serious head injury||This is the worst type of injury, whereby severe brain damage is the outcome. The person will not be responsive. They will be in a state of vegetation – as it is commonly referred to. A loved one can claim on the behalf of someone that is in this state.||£215,000 - £310,000|
If the injury you have been left with has not been featured in the table, please do not panic. You can give our team a call and they will happily provide further guidelines on the payout amounts. Our contact details can be found in the final section of this guide.
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.
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.
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.
Find out your legal rights after a work accident and also get free advice from Legal Expert.
Calculate how much compensation you can claim and start a No Win No Fee claim.
If you are an agency worker, you may be wondering whether your rights are the same as someone that is in permanent employment. You can find out more about agency rights via the link, including equal treatment, pay, maternity rights, and much more.
For more information about health & safety in the workplace, including reporting an accident at work, head to the above link.
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.
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.
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.