I Had An Accident At Work, What Are My Rights?
By Cat Soong. Last Updated 1st June 2022. Have you had an accident at work as a result of third-party negligence? If so, you could potentially claim compensation from your employer if negligence on their part is what led you to suffer your injury. So if you’re wondering, “I had an accident at work, what are my employers’ responsibilities in the UK?” then please read on to find out how to claim.
Luckily, there is legislation in place to protect us if we experience accidents at work. This way, if someone like your employer fails to uphold their legal duty of care to you and you suffer as a result, you could be entitled to make a claim against them.
If at any point you would like to receive your free legal consultation to see how we could help you. Now, if you suffer injuries as a result of an accident at work, claim on a No Win No Fee basis with help from our legal team. You can reach them in any of the following ways:
- Call us on 0800 073 8804
- Use our contact form
- Or chat with us now about accidents at work claims by using our live chat
In the meantime, if you’ve had an accident at work, here’s how to claim.
Select a section
- What Is An Accident At Work?
- How Accidents At Work Happen And The Most Common Injuries
- Your Accident At Work Employees Rights
- Accident At Work Compensation Payouts For 2022
- No Win No Fee Accident At Work Solicitors Claims
- What To Do If You Suffer An Injury Or Illness At Work?
- Useful Links On Accidents At Work
- Accidents At Work Claims FAQs
Accidents and injuries at work can have a big impact on your income and quality of life. These effects may be temporary or permanent, depending on how serious your injuries are. Work accidents can occur as a result of negligent behaviour from your employer. It’s always worth exploring a work injury claim if you are able to prove that your accident was caused by your employer breaching their duty of care.
Read on to learn more about making an accident at work claim with a No Win No Fee solicitor. You’re welcome to contact our advisors if you’re looking for advice on potentially starting a claim for work accident injuries.
You can also learn more about accident at work claims in our separate guide available here.
There are many different ways in which an accident at work can happen. Which factors are more likely to cause an accident partly depends on what sector a company is operating in. However, there are several potential issues that can create accidents across virtually all workplaces. These include the following:
- Poor/dangerous working practices.
- Missing or poorly maintained personal protective equipment (PPE)
- Inadequate risk assessments.
- Preventable spillages which aren’t cleared up in good time.
- Inadequate or poorly enforced safety procedures.
- Poorly maintained equipment.
When issues like the ones mentioned above exist in a workplace, they can lead to a wide range of accidents and injuries, such as a broken bone or head injury. The Health and Safety Executive (HSE) conducts regular research into injuries and illnesses reported in UK workplaces. Several common types of workplace accidents and injuries have been identified, including the following:
- Slips, trips or falls
- Injury while lifting or handling
- Struck by falling objects
- Falling from a height
- Workplace violence (including threats and assaults)
- Contact with moving machinery
- Collision with a stationary object
If you have had an accident at work, you may be able to claim if you can prove that the injury was a result of employer negligence. Every employer needs to take reasonable steps to ensure the work environment, equipment and facilities are safe enough to be used without risk of injury. As such, if you’ve had an injury at work, your rights include the ability to seek compensation if you’ve been injured due to them not fulfilling this duty of care.
Accident At Work Procedure – How To Report Accidents
Once an accident has happened, it’s important to act fast and adhere to the following accident at work procedure:
- Make sure the area is safe, and there are no risks of harm
- Ensure you or your colleague receives the medical attention they need.
- Report the accident to a manager or supervisor
- Record the accident in the company logbook
If appropriately serious, report the accident under RIDDOR.
If you are looking for advice on what to do if you were hurt in an accident at work and your employee did not report an injury, then you can check out our separate guide.
Fatal Accident Statistics
Some workplace accidents can be so severe that they become fatal accidents. We can see from HSE statistics just how often this takes place. Over 2020/21, there were 142 deaths as a result of workplace injuries across Great Britain.
Some workplaces can carry with them greater risks than others. For example, you can see on the graph below that the construction industry is responsible for the most deaths of the 142 that are recorded. A reason for this could be the level of specialist and potentially dangerous machinery present at many construction sites.
You can still make a claim on the behalf of a loved one who has passed away as the result of a workplace injury.
Your employer is responsible for upholding the duty of care they owe you. For example, they must take reasonable steps to prevent you from experiencing harm. Failing to do so could mean you sustain a deep laceration injury due to working with faulty and dangerous machinery that your employer knew was unfit for purpose.
If you have been involved in accidents at work resulting in injury, you need to report this to your employer as soon as possible. Once you do so, you need to ensure that they record this in the workplace accident handbook.
In the case that your employer does not have an accident handbook or if they fail to record your incident, write down the incident details that lead to your injury or illness. Make two copies of this, sending one to your employer and retaining the other copy for yourself.
If you aren’t fit to record the incident details for yourself, ask someone else that you trust to do this on your behalf. By following these simple steps, you could give your accidents at work claims the best chances of success.
Even if your injury does not seem serious at the time, you should still see a doctor. This could include a visit to the hospital, a paramedic inspection or a consultation with your GP. The medical practitioner or doctor will record the medical details of your accident.
This record will then strengthen your case later if you do need to claim compensation from your employer or if you need to claim for any benefits as a consequence.
What if I feel unsafe at work?
If you feel that your work conditions are unsafe and that your employer is not acting on your concerns, there are people you can talk to. Trade union representatives can raise concerns with employers on your behalf.
There is also further information on the Health and Safety Executive website. If you are in immediate or severe danger, you have the right to protect yourself and remove yourself from the situation to avoid accidents at work from occurring, even if this means leaving work till the situation is resolved.
Accident At Work Agency Worker Rights
Temporary and agency workers have the same rights to pursue a compensation claim against their employer as full time or contracted employees do. At the same time, due to their work’s fluctuating nature, agency and temporary workers can be more likely to be injured in accidents at work as they may receive inadequate training compared to their colleagues.
Regardless of the type of contract you are employed on, whether full-time, part-time, employed on a temporary contract or through an agency, all workers are protected by the same health and safety regulations in the workplace.
Part-time worker accident claims
If you’re a part-time worker and you have an accident at work, you also have the right to make a compensation claim against your employer if their negligence resulted in the incident. If you find yourself in this situation, you should contact our team today and discuss worker accident claims. Our panel of specialist solicitors could help you get the maximum compensation you deserve on a No Win No Fee basis.
Please read on to learn how to find the best workplace accident lawyer for your case.
If I Get Injured At Work, Do I Get Paid?
If you get injured or become ill due to your work, you may need to take time off for treatment or recovery. Furthermore, if this becomes necessary, you may question whether you will get paid during this time off. There are different potential ways you can recover earnings during this time off from work.
The first of these is statutory sick pay or SSP. The amount of sick pay you will be entitled to will depend on your employer’s sick pay policy. You may only be entitled to SSP, currently £99.35 for up to 28 weeks. Your employer may, alternatively, offer company sick pay, covering you in full for your absence.
Secondly, you may be able to claim for loss of earnings in claims for accidents at work. Whether or not you have received SSP will be considered for any loss of earnings compensation you are awarded.
If you have suffered loss of earnings due to your accident at work, talk to our team of personal injury lawyers today. After all, you may be able to file an injury at work compensation claim with help from our No Win No Fee solicitors.
If you’ve had an accident at work, you don’t need to use a solicitor to claim. However, you may find their legal knowledge and expertise useful when claiming. To learn more, please get in touch today.
To learn more about sick pay after an accident at work, you can read a separate guide we have dedicated to this subject.
Will I Be Dismissed For Making An Accident At Work Claim?
If you’re wondering “can I be sacked for having an accident at work” then you shouldn’t need to worry if the accident was not your fault. By law, your employment cannot be terminated on the basis of having an accident at work. Your employer has a duty of care to keep you safe in the workplace.
For example, if they provided you with inadequate protective equipment resulting in you sustaining harm, they may be liable. In these cases, you may be entitled to make a claim without being dismissed.
Their failings aren’t an excuse to sack you. If you decide to make a claim and are dismissed, you could make an unfair dismissal claim against your employer too.
To learn more about your rights following accidents at work or see how we could help you on a No Win No Fee basis, please get in touch with our team today.
If you still have concerns along the lines of ‘will I lose my job if I make a claim?‘, then you can read our seperate guide which further explores what your employer is and isn’t allowed to do if you claim against them.
What Happens If I Am Injured Then Fired?
Employers are not permitted to dismiss their employees following accidents at work.
If your employer has dismissed you after you have suffered an injury at work or if you have been dismissed following an absence from work due to illness, you should talk to Legal Expert today. We will be able to advise you on your rights and whether you have a basis for an injury at work compensation claim for unfair dismissal.
For more further assistance on this topic, you can read our dismissed after an accident at work guide here.
When considering the value of an accident at work claim, the payout may consist of two heads of claim. They’re known as general damages and special damages.
Special damages are calculated and awarded to address any financial losses you experience that you can directly attribute to your injuries. For instance, loss of earnings and medical bills could be accrued. It’s important that you’re able to prove these expenses with official documentation such as payslips or receipts.
General damages relate to the level of pain and suffering that your injuries have caused you. Both physical and psychological injuries can be considered for general damages. In some injury at work claims, you could even be awarded for both.
When your general damages payment is being valued, the legal professionals responsible for the process will consult a few key documents to assist them in arriving at an appropriate amount. Medical evidence is one of these documents. However, they’ll also turn to a publication known as the Judicial College Guidelines (JCG).
We’ve included some entries from the 16th edition of the JCG in the table below. This is the latest version of the JCG, and it was published in April 2022. Our table is made up of injuries that could be experienced at work and how much they could be worth in general damages. However, these figures are only guidelines. As such, it’s important to keep in mind that the amount you may receive could differ from the listed figures.
How much can I claim?
Below, we designed a personal injury claims calculator table. By providing examples of compensation brackets, the table gives you a better idea of what you could receive if you’re wanting to claim after you have had an accident at work. These brackets have been taken from the Judicial College Guidelines.
|Brain Damage||Very Severe||£282,010 to £403,990||In this case, brain damage would have a life-altering impact, as it would result in various implications, such as speech complications, mobility issues, behavioural issues, and much more.|
|Brain Damage||Moderate||£150,110 to £129,070||Brain damage of this severity would take into account cases of intellectual deficits, a personality change, and risk of epilepsy.|
|Back Injury||Severe||£91,090 to £160,980||Within this bracket, it would take into account cases of trauma to the spinal cord or nerve roots, leading to combination of serious consequences and trauma.|
|Back Injury||Moderate||£27,760 to £38,780||Within this bracket, it would take into account residual disability, soft tissue damage, pain and moderate consequences.|
|Neck Injury||Severe||In the region of £148,330||Injuries of this nature would be in association with incomplete paraplegia or resulting in permanent spastic quadriparesis.|
|Neck Injury||Moderate||£24,990 to £38,490||Cases of this nature often include fractures or dislocations.|
|Facial Disfigurement||Very Severe Scarring||£29,780 to £97,330||Cases of this nature would result in relatively traumatising impact cosmetically.|
|Facial Disfigurement||Significant scarring||£9,110 to £30,090||Where the worst effects have been or will be reduced by plastic surgery leaving some cosmetic disability and where the psychological reaction is not great.|
|Foot Injury||Severe||£41,970 to £70,030||In this bracket, it would take into account severe pain and trauma that has a life-altering impact.|
|Foot Injury||Modest||Up to £13,740||Within this bracket, it would include simple fractures, ruptured ligaments, and puncture wounds.|
To start your claim, talk to the experts at Legal Expert. We are on hand 24 hours a day to discuss your case. If you want to learn more about what you can factor into claims relating to accidents at work, we can also provide you with free advice for your work accident compensation claims.
I Had An Accident At Work, What Are My Rights To Industrial Injuries Benefits?
Have you had an accident at work within an industrial setting? If so, you may be able to make personal injury claims against your employer if they caused your accident through negligent behaviour. In addition, you may also be entitled to what is known as IIDB or Industrial Injuries Disablement Benefits. In order to be eligible to receive this, you need to satisfy the following criteria;
- You were an employee when the accident happened.
- You were on an approved training scheme, course or event when the accident happened.
- That the accident which leads to your illness, injury or disability occurred in England & Wales or Scotland.
There are some exceptions to these criteria. You can find out more information about your eligibility for IIDB payments after suffering accidents at work on the government website.
How To Find The Best Workplace Accident Lawyer For Your Case
You may be wondering how to find the best workplace accident lawyer for your case. While it’s important to remember that your injury at work rights include the ability to claim without the need for a lawyer, you may prefer to use professional legal representation. After all, if you’ve had an accident at work, their expertise could prove to be key to receiving compensation.
If you are seeking legal representation, it’s important you pick a lawyer or solicitor that you’re comfortable with. You no longer need to simply rely on the high street to find a lawyer – you can find one quickly by searching online.
Regarding how to find the best workplace accident lawyer for your case, you can read reviews, rely on “word of mouth” or pick a company that is seen as reliable. Our solicitors have years of experience, have helped receive compensation for their clients in many cases just like yours and can work your case on a No Win No Fee basis.
If you would like more information about our services, please contact us completely for free using the above details.
You can also read our separate accident at work solicitors guide for more insight.
All of our lawyers work with every one of their clients under what’s known as a No Win No Fee deal. This is as simple as it sounds. It means that if you don’t win your claim, then you won’t need to pay your lawyer’s fees.
If your claim is successful, then your lawyer receives their payment in the form of a small percentage taken from your settlement before it reaches you. There are no hidden or upfront fees.
Whilst it is possible to make a claim without the assistance of a lawyer, it is not recommended. This could result in you being responsible for covering expensive legal fees even if you are not successful in being awarded compensation.
You should adhere to the following accident at work procedure if you have suffered an incident in the workplace.
- Ensure the accident is recorded in your company accident report log. If you can’t do this yourself, ask someone you trust to do so for you.
- Take any photos and witness contact details to help corroborate your side of the story. This will help your case later.
- Seek any medical care and attention you need. This allows a doctor to determine the type of injury you’ve suffered. Keep records of this and any diagnosis/ future prognosis.
- Seek legal advice from a trained personal injury specialist.
For more information on what to do following an injury at work, your rights can be broken down to you via a free consultation with one of our specialist advisors. So, please get in touch today to learn more.
You can also read our separate guide on steps to take when injured at work for more tips on this subject.
Contact Us For Free Legal Advice And Support
- You can phone us on 0800 073 8804
- To reach us online, you can use our contact form
- Or you can reach us through our live chat service on our website
Thank you for reading our accidents at work claims guide. Here, we have some useful links and common questions about an injury at work.
This HSE guide provides details on the injuries that need to be reported under RIDDOR.
Statistics and information on workplace injuries in the UK, published by the HSE.
If you’ve been injured at work, this government guide will tell you what steps you can take.
If you have an accident at work, check out our guide to see if you could receive sick pay.
If you suffer an injury to your back while at work, this advises ahead of filing any work accident claims.
This guide explains what you need to do to make a No Win No Fee claim.
A helpful guide explaining who pays your medical bills after you’ve been injured at work.
A useful guide on claiming compensation for a back injury caused by someone else’s negligence.
- Cut off a finger at work compensation
- Severed index finger injury compensation
- How Much Compensation Can I Claim For A Hip Injury?
- How To Sue A Company For An Injury
- Can I Sue Employer For Negligence Leading To Injuries?
- Claiming For An Accident At Work With No Safety Goggles
- Steps to Take Following A Workplace Accident
- I Got Hurt at Work, Do I Need a Lawyer?
- Part-Time Worker Accident Claims
- I Had An Accident At Work, Is My Employer Liable?
- How To Make A Chemical Burn At Work Compensation Claim
- How Much Compensation Can I Claim For A Soft Tissue Injury?
- A Guide To Trip Over Tools Work Accident
- 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?
- New Employee Personal Injury Claims
- 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?
- Manual Handling Accident Claims
- Work-Related Illness Claims
- Office Accident Claims
In this last section of our guide covering your legal rights following a work accident, we have answers to questions that we often hear from our clients.
Special Damages In Claims For Accidents At Work
As we mentioned earlier, when you make a claim for an injury at the workplace, your compensation can be under two headings, one of which is special damages. Under special damages, you can often claim back any monetary losses you may have experienced as a result of your accident and injuries.
For example, in the case of workplace accidents, you may need to take time away from the workplace in order to recover and miss out on earnings as a result. Along with claiming statutory sick pay, you may be able to claim back the earnings you lose. Alternatively, if your injuries are severe enough that you are no longer able to work permanently, you may be able to claim back what you would have earned over your span of employment.
Accidents at work can affect your finances in a number of ways, but to claim back any losses, you must be able to provide proof. This can be in the form of bills, receipts, invoices, tickets, or payslips. If you choose to hire one of our expert solicitors, they can help you decide what to claim for, and what evidence you will need to proceed.
Can I claim for an accident at work that was my fault?
When wondering, “can I make an accident at work claim if it was my fault,” it depends on the circumstances.
It may be the case that you’re only partially at fault, which would be contributory negligence. And it’s the job of your lawyer to work out the percentage of fault that lies at your door. Your compensation award would be adjusted accordingly. The accident at work solicitors regulation authority has additional information on this subject.
For further guidance on this matter, you can read our guide titled ‘If I was at fault or partly responsible, can I claim compensation for an accident at work injury?
How long can you claim for an accident at work?
If you’re wondering, “how long do I have to claim for an accident at work?” this is a breakdown of the time limit. Under the Limitation Act 1980, your claim generally needs to be started within 3 years from the date of the accident. In legal terms, this is the accident at work time limit (also the personal injury claims time limit).
However, if you fail to make your case within this timeframe, it could affect the viability of your case. A law firm can advise on this further.
If you’re wondering, “how long do I have to claim for an accident at work?” get in touch. You can have a free consultation to see if you’re within the relevant personal injury claims time limit. In the meantime, please read on.
For further information on this particular topic, you can check out our time limit for accident at work claims guide here.
What happens if you get injured at work?
If you’re injured at work as a result of someone acting negligently, there are several steps you could take to build a strong claim. For instance, you could seek medical attention to ensure you receive the correct treatment for your injuries. Records of any medical treatment you do receive could be used as evidence in your claim.
Can I be sacked for having an accident at work?
Your employer should not dismiss you for having an accident at work caused by their negligence. They should also not sack you for making a claim for the injuries you sustained as a result of their negligence. If you’ve suffered an injury at work, your rights include the ability to potentially seek compensation.
However, if they do dismiss you, you could make a separate claim for unfair dismissal. For more information, please get in touch on the number above.
Will I get full pay if I’m injured at work?
Whether you receive full pay for being injured at work will depend on what is stipulated in your contract. However, if you don’t receive full pay while you’re off work, you could be entitled to Statutory Sick Pay (SSP). To find out what you’re entitled to, you should speak with your employer.
If you’d like to learn how to make part-time worker accident claims, agency worker accident claims or any other claims for accidents at work, please contact Legal Expert today. Our advisors are available to answer queries you may have such as “I had an accident at work, what are my rights?” If you have had an accident at work, we can tell you in just one phone call if you’re eligible to claim.