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I Had An Accident At Work, What Are My Rights?

By Stephen Anderson. Last Updated 18th January 2022. Welcome to our accident at work claims guide. Have you had an accident at work that wasn’t your fault? If so, you could claim compensation for your employer’s failings that led you to suffer. 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.

accidents at work

accidents at work

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
  • Write to us about your case
  • 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?

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.

How Accidents At Work Happen And The Most Common Injuries

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. 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

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:

  1. Make sure the area is safe, and there are no risks of harm
  2. Ensure you or your colleague receives the medical attention they need.
  3. Report the accident to a manager or supervisor
  4. Record the accident in the company logbook

If appropriately serious, report the accident under RIDDOR

Fatal Accident Statistics

Some workplace accidents can be so severe that they cause injuries that lead to the death of an employee. 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.

accident at work statistics graph

accident at work statistics graph

Your Accident At Work Employees Rights

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. Temporary and agency workers have often been lead to believe that they do not have the same rights as other employees. 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.

Do You Get Paid If You Get Hurt At Work?

If you get injured or become ill due to your work, you may need to take time off for treatment or recovery. If you do, many people ask whether or not they will get paid for this time. There are two ways you can recover earnings during this time.

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 £89.35 for up to 28 weeks. Your employer may also top this up with additional sickness benefits or payments. However, not all employees are entitled to this.

accidents at work claims

Accidents at work claims

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.

The Citizens Advice Bureau has a calculator to help you work out what sick pay you might be entitled to. If you have suffered a 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. To learn more, please get in touch today.

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” try not to worry. 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. 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.

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.

How Much Can I Claim For An Accident At Work?

In this section of our accidents at work claims guide, you can find our accident at work claims calculator. There, we’ll provide you with some compensation examples taken from case studies.

If you have had a workplace accident, there are a variety of different expenses that you can claim. There are 2 types of compensation you can claim for personal injury; general damages and special damages. General damages aim to compensate for physical pain and psychological suffering, whereas special damages aim to compensate for associated expenses, such as medical bills, travel costs, loss of earnings and other such payments.

How much compensation you receive will depend on factors such as how severe your injuries are and what the long-term effects will be. If your accident or injury has a lasting effect on your day-to-day life, this could entitle you to more compensation.

How much can I claim?

Below, we designed a personal injury claims calculator table, which provides some average compensation amounts that you may be entitled to claim. These brackets have been taken from the Judicial College Guidelines.

Facial DisfigurementSignificant scarring £8,550 to £28,240Where the worst effects have been or will be reduced by plastic surgery leaving some cosmetic disability and where the psychological reaction is not great.
Facial DisfigurementVery Severe Scarring£27,940 to £91,350Cases of this nature would result in relatively traumatising impact cosmetically.
Neck InjuryModerate£23,460 to £36,120Cases of this nature often include fractures or dislocations.
Neck InjurySevereIn the region of £139,210Injuries of this nature would be in association with incomplete paraplegia or resulting in permanent spastic quadriparesis.
Foot InjuryModestUp to £12,900Within this bracket, it would include simple fractures, ruptured ligaments, and puncture wounds.
Foot InjurySevere£23,460 to £36,790In this bracket, it would take into account severe pain and trauma that has a life-altering impact.
Back InjuryModerate£26,050 to £36,390Within this bracket, it would take into account residual disability, soft tissue damage, pain and moderate consequences.
Back InjurySevere£85,470 to £151,070Within 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.
Brain DamageModerate£140,870 to £205,580Brain damage of this severity would take into account cases of intellectual deficits, a personality change, and risk of epilepsy.
Brain DamageVery Severe£264,650 to £379,100In 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.

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.

Accident At Work – What Are My Rights To Industrial Injuries Benefits?

As well as being able to make personal injury claims against your employer, 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.

No Win No Fee Accident At Work Claims

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.

accidents at work

Accidents at work

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.

What To Do If You Suffer Injury Or Illness At Work?

You should adhere to the following accident at work procedure if you have suffered an incident in the workplace.

  1. 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.
  2. Take any photos and witness contact details to help corroborate your side of the story. This will help your case later.
  3. 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.
  4. 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.

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

Useful Links On Accidents At Work

Thank you for reading our accidents at work claims guide. Here, we have some useful links and common questions about an injury at work.

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

This HSE guide provides details on the injuries that need to be reported under RIDDOR.

HSE Accidents at Work Statistics

Statistics and information on workplace injuries in the UK, published by the HSE.

The Government’s Guide to Accidents At Work

If you’ve been injured at work, this government guide will tell you what steps you can take.

Do you get paid if you get injured at work?

If you have an accident at work, check out our guide to see if you could receive sick pay.

Back Injuries At Work Claims Guide

If you suffer an injury to your back while at work, this advises ahead of filing any work accident claims.

How To Claim for an Accident at Work Against Another Employee

This guide explains what you need to do to make a No Win No Fee claim.

Accidents At Work Claims FAQs

In this last section, we have answers to questions that we often hear from our clients.

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.

To ask, “can I make an accident at work claim if it was my fault” please get in touch.

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.

You are required by law to make your claim 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.

Thank you for reading our accident claims guide. 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 get in touch today. And contact us if you’re still wondering, “I was injured in a car accident, what are my rights?”

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