I Was Injured In A Tiredness Or Fatigue Accident At Work Can I Claim Compensation?
Tiredness or fatigue at work can lead to serious injury and if you are hurt because of a heavy workload or because of long hours worked on night shifts, you may be entitled to file a claim for compensation for pain and suffering you endured through no fault of your own.
Tiredness in the workplace is now taken very seriously because fatigue in the workplace statistics show that a high percentage of injuries are caused when you are not functioning at your best. You may have to work long hours without enough breaks, or it could be that you work night shifts which means your sleep pattern is negatively impacted leaving your tired and drained.
When you are tired, you are more at risk of having an accident at work because your concentration is affected and the more tired you are, the more risk there is of you being injured at work.
If you have suffered a fatigue related accident in the last 3 years and would like to know if you can file a personal injury claim against an employer or a third party who may be responsible for your injuries, please click on the Select A Section below:
Select A Section
- A Guide To Fatigue And Tiredness In The Workplace<
- What Is Fatigue Or Tiredness In The Workplace
- What Industries Are More Susceptible To Accidents Caused By Tiredness?
- What Risk Factors Could Lead To A Tiredness Or Fatigue Accident At Work?
- What Injuries Could Be Caused By Fatigue At Work?
- Stress Leading To Chronic Fatigue Syndrome
- What Duty Of Care Does An Employer Have To Prevent Fatigue Or Over Tiredness?
- Eligibility For Making A Workplace Fatigue Claim
- What Can The Symptoms Of Tiredness Or Fatigue At Work Include?
- What Can My Tiredness Or Fatigue Claim Include?
- Calculating Settlements In Claims For Tiredness
- No Win No Fee Tiredness At Work Claims
- We Are Personal Injury Claims Specialists
- How To Get In Touch
- Useful Links
Health and Safety Executive statistics show that a high percentage of accidents at work are caused by tiredness and fatigue.
Chronic fatigue syndrome is now recognised as a medical condition and must be taken seriously both by employers and employees. There are specific industries where employees are more at risk of suffering a fatigue-related accident whether it’s a slight cut or a more severe head injury.
All employers, by law, must ensure their staff are protected from injury and more especially those in high-risk industries where a tiredness or fatigue accident at work is more commonplace.
There are over 3.5 million shift workers throughout the country working across a variety of industries. Working long hours in healthcare, transport, the oil and gas industry puts a shift worker at risk when it comes to fatigue and ill health. Fatigue is not just feeling a little “tired”, it is a serious condition that must be considered as a “hazard” in the workplace. As such, employers must risk assess the possibility that employees may suffer from fatigue.
If you work long hours, take on a lot of overtime, work nights or your employer has not set in place well planned rotas, it could affect your working performance more than you may first realise. Fatigue affects your mental capacity when it comes to judgement too which could lead to a fatigue-related accident in the workplace.
If you suffered a fatigue-related accident at work and need to know how a personal injury lawyer can help you understand the process of filing a personal injury claim, at Legal Expert, we have years of experience working on successful fatigue compensation claims for clients in the past.
It is estimated that accidents caused by stress and fatigue in the workplace costs the UK anything from £115 to £240 million a year with the Health and Safety Executive (HSE) calculating that around 20% of road traffic accidents involve travel that is work-related.
There are over 3.5 million shift workers in the UK working across many industries. Accidents that occur as a result of fatigue are typically a result of badly designed shift rotas and shifts that are too long. Studies strongly suggest that a person’s mental and physical performance deteriorate when they work long hours without sufficient rest time. In short, the effects of fatigue in the workplace can result in a lack of concentration, slower reactions and less awareness which in turn can lead to serious accidents caused by tiredness. Other examples associated with tiredness/fatigue include the following:
- A lack of attention
- A reduced coordination
- Not being able to assess risks correctly
- Reduced productivity
Your mental and physical performance can also be negatively impacted when your internal clock is disrupted which occurs when working shifts. However, fatigue is also closely associated with workloads and more especially if their daily tasks are monotonous, complicated or machine-paced.
Some of the most significant accidents which were reportedly caused as a result of tiredness/fatigue include the following major incidents:
- Texas City
- Exxon Valdez
- Herald of Free Enterprise
To find out how a personal injury solicitor can assess whether you have a strong case to claim compensation whether it’s against and employer or third party, please contact us today and we will walk you through the process of filing a claim for a tiredness or fatigue accident at work.
There are several industries where tiredness and fatigue are a contributing factor to accidents in the workplace. These industries are detailed below:
- Emergency services
- Transport – this includes truck drivers and company drivers
- Oil industry
- Gas industry
- Chemical industry
All too often chronic fatigue syndrome can occur when a person has to work badly organised shift rotas and when shifts are longer than they should be. If you have to work long hours without enough rest time or the chance to take as many breaks as you should, fatigue soon sets in which puts you are risk of being injured in a work accident. Jobs that entail monotonous routines, that are machine-paced or where long hours with heavy workloads are the norm, put people more at risk of suffering stress and fatigue in the workplace.
We can assess your claim before offering valuable legal advice on a No Win No Fee basis taking all the financial pressure off the table to get your claim started.
There are certain risk factors that can lead to accidents caused by tiredness in the workplace. As such, tiredness and fatigue like any other work-related hazard, must be carefully and correctly managed. Other key fatigue related risk factors that must be taken into account in a workplace include the following:
- Higher fatigue-related accidents occur during night shifts more especially when you have to work longer hours without the necessary breaks and at the end of a rota
- Employers have a duty under UK law to manage all risks associated with tiredness and fatigue even when you request to work overtime or extra hours. The same can be said if you ask for a preferred shift due to social reasons. It is worth noting that even if an employer adheres to the Working Time Regulations as set out by UK legislation, it is not enough when it comes to managing any risks due to fatigue.
- An employer should risk assess any changes to your working hours and the key considerations they must take into account must adhere to HSE principles and this includes using the Executive’s “fatigue risk index”
- An employer must also discuss working hours and shift rotas with employees and must assess whether an employee’s preference may cause them to suffer fatigue during a shift
- Employers must also set in place a policy where limits on working hours are set and this must include any overtime and swapping of shifts. This adds needed safeguards against fatigue. Employers must also keep a close eye on a policy to ensure it is being respected and to enforce it when necessary
- If overtime is requested on a constant basis and employee swap shifts too often, it may be a clear indication that staffing levels need to be looked at and that not enough resources are available
- Shift schedules must be carefully planned which must include a person’s workload, the type of work they undertake, the length of a shift, the number of breaks during a shift and the amount of rest time between shifts
- Employers must accept that “sleep disturbances” may result in fatigue and “sleep debt” and that anyone who works night shifts are more at risk
Injuries commonly associated with a tiredness or fatigue accident at work can be slight to very severe. You may suffer a slight cut or a much more severe laceration. Burns and scalds are commonplace in fatigue-related injuries in the workplace thanks to not being able to assess risks properly. Other common injuries due to fatigue at work include the following:
- Serious head injuries
- Severe back injuries
- Long-term sleep issues
Although chronic fatigue syndrome (CFS) is not well understood, studies show that it’s typically characterised by extreme tiredness and fatigue. In short, it is a debilitating disorder that can be hard to shake even when you rest up for long periods of time. The condition is also known as myalgic encephalomyelitis or (ME) and is known to be a “systemic exertion intolerance disease”. A tiredness or fatigue accident at work could be caused when you suffer from this disorder.
With this said, research suggests that stress can play a role which includes work-related anxiety due to work overload, long shifts and in particular working night shifts which disturbs your normal sleep pattern. CFS is now a widely accepted medical disorder which is more commonly seen in women between the ages of 40 and 50 years old.
Under UK law, employers must protect all employees whether permanent staff or temporary. Fatigue and tiredness must be managed like any other identified hazard in the workplace and failure on the part of an employer to ensure staff are kept safe, could mean they were negligent in their duty towards them.
UK legislation, namely The Management of Health and Safety at Work Regulations 1999, clearly states that employers must protect staff from injury which includes preventing and managing fatigue in the workplace. In short, managing fatigue in the workplace is an employer’s duty of care.
Under UK law, employers must protect all employees whether permanent staff or temporary. Fatigue and tiredness must be managed like any other identified hazard in the workplace and failure on the part of an employer to ensure staff are kept safe. Failure to do so could mean an employer was negligent in their duty which led to a tiredness or fatigue accident at work.
Under UK legislation namely The Management of Health and Safety at Work Regulations 1999, employers must protect staff from injury which includes preventing and managing fatigue in the workplace. In short, managing fatigue in the workplace is an employer’s duty of care.
Employers in high risk industries have a particular duty of care to protect their employees in the workplace and must continually carry out risk assessments when it comes to fatigue. This means checking the following:
- Working hours
- Work loads
- Nature of the work
With shift work, employers must factor in every aspect of your job which could put you at risk and this includes the following:
- Shift rotas/timing
- The amount of breaks taken during a shift
- The length of shifts
Employers must consider how much overtime you can do and how much shift-swapping is done. If both appear too high, then employers must consider improving staffing levels as well as allocation. With this said, employees too must respect the Working Time Regulations 1998 which are detailed below:
- Employees must not work over 48-hours a week (including opt out)
- Employees must not work more than 6-hours without taking a 15, 30 or 45 minute break – this depends on hours worked
- Adult staff are entitled to 11-hours off time in between their working hours/shifts
- Adult staff are entitled to 1 day off a week (7 days) and no less
- People who work at night should not work more than 8-hours a day (24 hours)
The regulations for drivers are different which are detailed below:
- Drivers have a limit of 9 “driving” hours a day
- Drivers can work up to 56-hours a week
- Drivers must take a 45-minute break having completed 4.5 hours driving (this can be divided into 2 rest periods)
Anyone who suffers an injury due to a tiredness or fatigue accident at work in the last 3 years due to a mistake of a third party or through the negligence of an employer, whether the injury was slight or more severe, could be entitled to file for compensation for the pain and suffering endured through no fault of their own. If you feel this is the case for you, a personal injury lawyer can establish whether this is so.
To speak to a personal injury solicitor call us today so we can explain what fatigue and safety in the workplace entails. We can advise you whether you have a strong case to file personal injury claim against a third party or employer. We offer a no obligation, free, initial consultation which allows us to establish who could be liable for your pain and suffering.
If you routinely have a heavy workload or work long hours at night, you may be more at risk of suffering extreme tiredness and fatigue which puts you in danger of being hurt in the workplace. Common symptoms associated with “burn-out”, tiredness and fatigue are as follows:
- Chronic stress
- Emotional exhaustion
- Physical exhaustion
- A feeling of ineffectiveness
- Feelings that nothing is achieved
Fatigue and extreme tiredness in the workplace is thought to be stress-related and it prevents you from carrying out your day to day tasks in the workplace effectively but more importantly, it puts you at much greater risk of suffering an accident in the workplace.
If you have been involved in a tiredness or fatigue accident at work and need to know more about how to make a claim and what can be included, the list below provides information on the sort of out of pocket expenses that may be included in a tiredness at work claim:
- General damages
- Travel expenses
- Medical costs
- Loss of income
- Loss of anticipated income
- Care claim
Compensation for tiredness or fatigue accident at work claims can vary from case to case because the circumstances surrounding an incident plays an important part in establishing liability and the nature of an injury/illness would be taken into account too. The personal injury claims calculator below offers ball park amounts that were awarded to people who filed tiredness compensation claims in the past and the amounts are based on the Judicial College compensation guidelines:
|Head Injury||Minor||£1,650 - £10,450||Cuts, bruises and soft tissue damage that heal quickly.|
|Head Injury||Moderate||£13,750 - £220,000||Medium-term injuries which cause discomfort, and potentially restrict lifestyle|
|Head Injury||Severe||£203,500 - £291,500||Long-term serious injuries that take time to fully recover, if at all|
|Head Injury||Very Severe||£203,500 - £302,500||Awarded when 24 / 7 care is needed|
|Brain Damage||Minor||£11,000 - £31,075||Poor focus and/or lowered memory function|
|Brain Damage||Moderate||£31,075 - £159,000||Severe impact on psychological capability|
|Brain Damage||Severe||£159,000 - £1+ Million||Serious disablement|
|Back injuries||Slight to very severe||A few hundred pounds to £141,150||Less severe injuries where recovery is achieved within 3 months to extremely severe injuries that result in damage to the spine
|Arm injuries||Slight to very severe||£5,280 to £104,370||minor
fractures between elbow and wrist to very severe permanent injuries
|Spinal injuries||Severe - debilitating||£258,740 to £322,060||Injuries involving paralysis tetraplegia|
|Chronic pain||moderate to very severe||£24, 580 to £73,670||Complex regional pain syndrome (CRPS)|
|Chronic pain||moderate to very severe||£18,480 to £55,240||Other pain disorders|
|Injuries that result in death (full awareness)||£10,000 to £18,890|
|Loss of benefits||£5,500 to £550,000||Awarded when a person is unable to work which results in a loss of income for the time it takes for them to recover|
|Projected loss of earnings||£11,000 to £440,000||Amount awarded depending on how an injury negatively impacts a person's ability to work|
Working with a Legal Expert personal injury lawyer on a No Win No Fee basis means not having to pay any money to get your case started. Ongoing legal fees can be expensive which prevents people from filing a personal injury claim. Agreeing to work with us with a Conditional Fee Agreement in place, takes all the financial pressure off you having to find any upfront and ongoing fees.
You only pay once your case is successful whether a court rules in your favour or the defendant’s insurers offer to settle your personal injury claim out of court which is often the case. You don’t have to pay anything if your case is unsuccessful because working with a CFA in place, we take on all the risks, not you.
We work with experienced personal injury solicitors who have years of experience in filing successful tiredness or fatigue accident at work claims for clients in the past. Working with a personal injury lawyer on a No Win No Fee basis allows you to concentrate on making a full recovery without the stress of finding the funds to get your case started. With our Conditional Fee Agreement (CFA) in place, we can start acting on your behalf by contacting the defendant’s insurers to let them know about your impending claim.
Our initial, free, no obligation consultation allows you to ask any questions pertaining to your case while at the same time allowing us to establish whether a third party can be held responsible for your tiredness or fatigue accident at work claim.
You can contact us through our claims lines which are open 24/7, 365 days a year ensuring there is always an legal expert available to take your call.
At Legal Expert, we make it our mission to get you the level of chronic fatigue syndrome compensation you deserve taking all the stress and strain out of the process for you.
Our team of personal injury lawyers have years of experience in handling tiredness or fatigue accident at work claims.
Legal Expert is nationally recognised, regulated by the Law Society and the Solicitors Regulation Authority (SRA) alike.
By filling out the “call back” form, we will get back to you asap. A personal injury solicitor will call you back and answer any questions or queries you may have about a personal injury claims time limit which may apply to your case.
For a more direct response, you can call us free of charge on 0800 073 8804 or you can email us at firstname.lastname@example.org and a personal injury lawyer will get back to you within 3 hours (Mon-Fri) to answer questions on an injury caused by tiredness and/or fatigue claims.
The following link offers valuable advice on how to make a personal injury at work claim:
The following link provides essential information on working with a solicitor on a No Win No Fee basis:
The following link takes you to the Health and Safety website which provides information about accidents in the workplace statistics:
The following link takes you to the NHS website where you will find essential information on chronic fatigue syndrome: