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I Hurt Myself At Work Guide – How To Claim Compensation? – What To Do Next?

In the guide below, we are going to attempt to explain how, when you hurt yourself at work in an accident that was the fault of your employer, you may be eligible to make a compensation claim. Once you have finished reading this guide, you should have most of the information you need to approach your own claim with a general understanding of the process involved in making a claim.

Hurt at work compensation claims guide

Hurt at work compensation claims guide

Of course, we have only given general information. Your claim may have unique aspects, that raise additional questions. You can always speak to one of our advisors on 0800 073 8804 to have these questions answered. At the same time, our team can explain how our claims service could be the right option for you.

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A Guide To Claiming Compensation When I Hurt Myself At Work

Do you have questions about your claim, such as if I hurt myself at work will I still get paid? Or what to do after an accident at work? If so, please read on. This guide aims to answer questions such as this, and more. The guide begins by giving a general introduction to what workplace accidents are, and why if your employer fails in their duty of care towards you, you could be able to make a claim for any injuries you have suffered due to it. We will also give a list of logical steps you should take, if you have been injured at work, in order to prepare for making a claim.

The middle part of this guide covers information related to the circumstances surrounding a claim. We look at whether you can sue your employer for accidents at work, and in what circumstances a claim could be possible. You will also find answers to specific questions related to agency workers, and self-employed people or contractors. Additionally, we cover whether you can still expect to be paid if you are involved in a workplace accident, and whether your employer has grounds to dismiss you in such a case.

The final part of the guide relates to the actual process of making a claim. You will find a lost of the kinds of damages that victims of workplace accidents may be able to claim. You will also find a table that provides information about the possible amount of compensation you could claim, that has been based on the UK Judicial Guidelines for valuing a claim. Finally, we take a look at how a claims management service can provide you with a lawyer to process your claim under a No Win No Fee arrangement. If any questions arise while you are reading this guide, or you need anything clarified or explained, please do feel free to speak to one of our expert advisors on the telephone number at the end of the page.

What Are Accidents And Injuries At Work?

Accidents at work are a hazard that employers are legally obligated to minimise. Health & Safety protocols, as well as other legislation such as the Building Occupiers Act 1984, have to be complied with at all times. When compliance fails, it can result in accidents involving employees. Accident at work examples could include:

  • A hurt shoulder caused by a slip, trip or fall.
  • A hurt arm caused by a burn.
  • A hurt head caused by a fall from height.
  • Hurt legs caused by a work vehicle accident.
  • A hurt hand caused by faulty machinery.
  • Hurt fingers caused by being exposed to harmful chemicals.

These are just a few examples of the kinds of injuries that an employee can suffer, and some of the ways these injuries are caused. In each of these examples, if it can be proven that the employer was responsible for the underlying cause of the accident, it could be possible for the employee to claim for the harm and losses they suffered.

I Hurt Myself At Work, What Should I Do?

Part of the answer to the question, do I get paid if I get injured at work? is that this depends on your following to proper accident reporting process. Alongside the actual procedure for reporting workplace accidents, there are some things you can also do in preparation of making your claim. We recommend the following steps:

  1. Report the accident, and also make sure you make an entry in the company accident book.
  2. Find out of there were any witnesses to the accident, and gather their contact details (so they can be used as witnesses if needed).
  3. Take photographs or video of the site of the accident and its cause if possible.
  4. Seek medical treatment, even for minor injuries.
  5. Keep a list of any financial losses you suffer due to your injuries.

As a final step, we recommend you speak to one of our advisors on the number below. They will evaluate your claim for you, and also give you critical information such as the personal injury claims time limit that will apply in your own case.

What Duty Of Care Does An Employer Have To Me?

Employers have a duty of care towards their staff, to provide them with a safe and healthy workplace. This should be done in a proactive manner, discovering risks and taking steps to mitigate them. This is a legal obligation of every employer, no matter how many staff they employ. Examples of the actions an employer should take are:

  • Ensure all staff are fully trained to undertake their duties safely.
  • To provide adequate safety equipment as appropriate.
  • To evaluate the workplace in an iterative fashion, to discover emerging risks.
  • To proactively work to mitigate all current and future risks in the workplace.
  • To comply with all regulatory requirements related to safety in the industry sector the company operates within.

When an employer fails to take actions such as these, it can lead to accidents in the workplace, and ultimately, injuries to staff. In cases such as these, it could be possible for the injured party to make a compensation claim.

I Hurt Myself At Work, Can I Sue For Compensation?

The answer to the question, I hurt myself at work can I sue? is quite complex. We covered the fact that a failure to comply with regulatory requirements on the part of the employer could be a valid reason to make a claim. Indeed, any time the employer exposes an employee to risk, and this results in an injury, a claim could be possible. There are some situations, in which a claim would not likely be possible, for example:

  • The employee caused their own accident and the employer was not at fault. ( Please get advice on his one as circumstances can be different )
  • The employee was injured whilst off-site, visiting another company (it could be the company that operates the premises where the accident took place that is pursued for damages).
  • The employee was carrying out tasks that they were not authorised to do.
  • The employee was intoxicated.
  • The employee had previously been asked to leave the premises due to some form of a safety issue, and as such, were not supposed to be at work.
  • Remember to always get advice to be sure you have a valid claim or not as circumstances may effect if its a claim or not.

These are just some of the reasons why a claim could not be possible. Additionally, these are not set in stone, there are exceptions and extenuating circumstances that could come into play. Our best advice is to speak to one of our advisors to find out if you have a valid claim.

I Hurt Myself At Work As An Agency Worker, Could I Claim?

Workers rights in the UK clearly state that all employees must be treated equally, regardless of whether they are full-time, part-time, temporary staff, or contractors. Whilst at work, the law makes no distinction based upon the working contract the member of staff is employees under, with regards to Health & Safety in the workplace. Sick pay, and other staff benefits can be affected though. However, when it comes to making a personal injury claim, your rights as an agency worker are exactly the same as a full-time worker that has been with the company many years.

I Hurt Myself At Work When Self Employed, Could I claim?

The section above detailed the situation related to agency workers, in relation to their eligibility to make a claim for a workplace injury. Self-employed people and contractors have exactly the same rights. Any time you are working on a client site as a self-employed person of a contractor, you should expect to be provided with a safe place of work. When you are off-site and working, for example, working from home, your employer is not responsible for your Health & Safety. However, they could be responsible for any injury or illness that results from the work you are doing for them, if it has exposed you to risk. We advise you speak to a member of our team, to find out if it could be possible for a personal injury solicitor to process a claim for you.

If I Hurt Myself At Work Do I Still Get Paid?

To answer the question, I was injured at work do I get paid? Then there are two possible routes to recovering lost income due to a work-related injury or illness. Both are dependent upon you following the correct accident at work procedure in reporting the incident.

The first option, is Statutory Sick Pay (SSP). Your employer may offer a generous sick pay package, possibly your entire salary for a set period of time. Even if your employer doesn’t provide this, you could be entitled to state-paid SSP. SSP pays £89.35 per week for a period of 28 weeks.

The second option, if your employer does not pay you sick pay, and you cannot claim SSP, is to claim back the income you lost, as part of the overall settlement for your personal injury claim.

Could I Be Dismissed If I Hurt Myself At Work?

You cannot be dismissed after an accident at work, simply for bringing a personal injury claim against your employer. If your employer does dismiss you for this reason, or for any other reason that relates to you taking time off to recuperate, etc. then it could be deemed to have been a wrongful dismissal and you would be able to take legal action against your employer for this. In reality, when an employer is being pursued for damages by an employee, they must tread very carefully, ensuring that they do not treat the employee any differently. Any repercussions in the workplace, could exacerbate the claim, and see the employer becoming liable for further damages for additional reasons, such as causing under stress or trauma.

Types Of Compensation You May Be Eligible For When You Hurt Yourself At Work

When an employee makes personal injury claims, if the claim is successful, then they will potentially receive a number of different types of damages, that will make up the overall compensation settlement. We will cover some of the most common kinds of damages below.

General Damages

These are paid for pain, suffering and physical injuries, for example:

  • General pain and suffering (at the instant the accident happened or while receiving emergency treatment).
  • Mental trauma (at the instant the accident happened or while receiving emergency treatment).
  • Painful or long recuperation (if recovering from the injury will take a long time, or require painful treatment).
  • Psychological damage (for example, post-traumatic stress disorder, anxiety or phobias).
  • Long-term disabilities (if the injuries will never heal fully).
  • Loss of life quality (if you are left permanently disabled to an extent that your life suffers negatively).

Special Damages

These are paid for financial and other tangible losses:

  • Care costs (if you have to hire in a nurse or home help).
  • Travel costs (to reimburse you for the cost of travel to get treatment or deal with the claim).
  • Medical fees (if you had to pay for treatment that was not available from the NHS).
  • Loss of income (if you lost out on your salary/wages due to your injuries).
  • Loss of future prospects (if your work potential is negatively impacted in the future).

If you talk to a member of our team on the number below, they will be able to tell you what kinds of damages you could be able to claim for.

Personal Injury Calculator – Hurt Myself At Work

Some websites provide an online personal injury claims calculator. We haven’t, as we think you deserve an accurate estimate of the value of your claim based on your unique circumstances. However, the table below can be used to get a rough idea of how much you could be able to claim.

What Injury?How Severe?Potential CompensationNotes
Injured handMinor up to seriousUp to £54,268Injuries are going to ramp upwards in severity from cuts, grazes, burns, etc. through soft tissue injuries (sprains/strains/etc.), and fractures, to loss of one or both hands.
Injured wristMinor up to severeUp to £52,468Injuries are going to ramp upwards in severity from lacerations, bruises, scalds, burns, etc. through STI such as strains or sprains, to some loss of use of the wrist or total paralysis.
Injured armModerate up to severeUp to £114,698Injuries are going to ramp upwards in severity from lacerations, grazes, burns, etc. through dislocations, STI and fractures (simple or compound), to paralysis or loss of an arm (either above or below the elbow)
Injured fingerMinor up to severeUp to £21,908Injuries are going to ramp upwards in severity from cuts, lost nails, burns, etc. through soft tissue injuries, dislocations and fractures, to loss of one or more fingers.
Injured thumbMinor up to severeUp to £48,008Injuries are going to ramp upwards in severity from cuts, lost nails, burns, etc. through soft tissue injuries, dislocations and fractures, to loss of one or both thumbs.
Injured backMinor up to severeUp to £141,138Injuries are going to ramp upwards in severity from damage to the skin of the back (cuts, burns, grazes, etc.) through STI (muscles sprains and strains), damage to the vertebrae, to some loss of function of the back.
Injured neckMinor up to severeUp to £130,048Injuries are going to ramp upwards in severity from damage to the skin of the neck (cuts, burns, grazes, etc.) through STI (muscles sprains and strains), damage to the vertebrae, to some loss of function of the neck.
Injured toeModerate up to severeUp to £49,108Injuries are going to ramp upwards in severity from cuts, lost nails, burns, etc. through soft tissue injuries, dislocations and fractures, to loss of one or more toes.
Injured ankleMinor up to severeUp to £61,108Injuries are going to ramp upwards in severity from lacerations, bruises, scalds, burns, etc. through STI such as strains or sprains, to some loss of use of the ankle or total paralysis.
Injured footMinor up to very severeUp to £96,108Injuries are going to ramp upwards in severity from cuts, grazes, burns, etc. through soft tissue injuries (sprains/strains/etc.), and fractures, to loss of one or both hands.
Injured legMinor up to severeUp to £119,208Injuries are going to ramp upwards in severity from lacerations, grazes, burns, etc. through dislocations, STI and fractures (simple or compound), to paralysis or loss of a leg (either above or below the knee)

Alternatively, you can explain the circumstances of your claim to one of our advisors, and they can give you a much more accurate estimate based upon them.

No Win No Fee Compensation Claims When Hurt At Work

Have you considered using a No Win No Fee claims service to manage your claim? Rather than risk losing legal fees you pay your solicitor, this kind of claims service removes all financial risk to yourself.

When you use our claims service, you are not expected to pay anything until your claim has been successful. You don’t pay to start your claim, and there is no fee to process your claim. If your claim is unrestful, you still don’t pay a penny. When we do secure a settlement for you, we will deduct our fee from the money received for you automatically.

Why Claim If Hurt At Work With Our Team?

We can provide you with a skilled and experienced solicitor to process your claim for you. Our advisors are available 24 hours a day to answer questions such as, I had an accident at work what are my rights? and to provide you with regular updates on the status of your claim. Our aim is to secure the highest level of compensation possible for you, and to ensure that your claim goes as smoothly as possible. We can also offer valued-added services, such as a free medical examination to support your claim.

Contact Legal Expert Today

I got hurt at work, can a personal injury lawyer help me to claim compensation for my injuries? Is this the kind of question you have been asking yourself? If it is, then we can help. Reach out to one of our expert advisors on 0800 073 8804 today. They will evaluate your claim for you, and offer you a way to proceed with no financial risk at all.

Other Guides You May Find Helpful

These external links have useful information:

Statutory Sick Pay explained

H&SE accident investigation procedure

UK agency worker regulations

These other guides could also be of use:

Your rights if injured at work

Claiming for workplace accidents

Claiming as an agency worker

Article by Mac

Editor Jay

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