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If I Was at Fault or Partly Responsible, Can I Claim Compensation For an Accident at Work Injury?

Can I Claim Compensation if I Caused an Accident at Work?

Anyone can suffer an injury, develop an illness or disease in the workplace whether they work in an office environment or another more dangerous area that puts them at greater risk. You could be hit by a forklift in a loading bay, or have an object drop on your head from a high shelf, but whatever the incident, you may be entitled to file for compensation even if you were partly or fully responsible for the accident occurring. With this said, you would have to prove certain things for a court to accept that you are entitled to file a personal injury claim against your employer following an accident at work.

To find out more about compensation for accidents in the workplace that were partly or fully your fault, please click on the Select a Section below.

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When am I Responsible or Partly Responsible for an Accident at Work?

Accident at work my fault

Accident at work

You could be injured or develop an illness in the workplace for a multitude of reasons whether you had a slip, trip and fall accident that left you unable to work for a period of time or whether you developed a repetitive stress disorder (RSI), a condition that many office workers suffer from every year. However, if you are responsible or partly responsible for an accident that left you injured because you ignored Health and Safety regulations that an employer set in place or acted in irresponsibly while carrying out your job, you may not be able to file an accident at work claim because it would be proved you were negligent and not your employer because you could be held responsible for the accident at work.

How is Liability Proved for an Accident at Work?

All employers in the UK together with employees, have to abide to Health and Safety Executive regulations which are clearly set out in the Health and Safety at Work Act. As an employee, you must act responsibly and do your best to ensure you and your work colleagues are kept safe and out of harms way in the workplace. Employers too have a duty of care to keep all their employees safe and must carry out regular risk assessments to identify any risks in the workplace. They must also provide sufficient training to all their employees and provide the right protective work wear to suit the jobs their staff are tasked to do. Machinery and equipment must be regularly serviced so that it is in good working order which reduces the risk of an accident at work occurring.

If you suffer an accident at work and are injured, it would be necessary to prove an employer was negligent in their duty to keep you safe, but if you are partly responsible for the incident that leaves you injured because you were not given the correct protective ear or you were not given enough training, the liability could fall to your employer and as such you could be entitled to file an accident at work claim for compensation against them. The same can be said if any machinery was poorly maintained and as a result an accident occurred, even if you were correctly trained to use the equipment.

Work-related personal injury claims can be complex and when it comes to proving liability if an employee is partly or fully responsible for the incident, it is best to seek legal advice sooner rather than later, bearing in mind there is a time limit of 3 years associated with all personal injury claims and this includes an accident at work.

When Could I Claim Compensation if I Caused an Accident at Work?

You could be entitled to file for compensation if your employer asks you to carry out work which you are not normally tasked to do and for which you have not been given both correct training or the necessary protective wear which leads to you being responsible for an accident at work. It could be that you were just not experienced enough to work with specific machinery or equipment, in which case you may still be able to claim compensation by filing a personal injury claim against your employer following an accident at work.

Many employees ask the question, “I had an accident at work how to claim?”, and the answer is that is it best to seek legal advice if your employer believes you were partly or fully responsible for the incident occurring.

When Would I Not Be Able to Claim Compensation if I Caused an Accident at Work?

If it is found that you acted in a dangerous, reckless way while carrying out your job and as a result you caused an accident at work that left you injured, the chances are you would not be able to file a personal injury claim against your employer. The same can be said, if you chose to ignore best practices and procedures that an employer set in place for all employees to adhere to which resulted in you being responsible for an accident at work. Should you have ignored any Health and Safety regulations which resulted in an accident, you could be held fully responsible for your injuries and therefore, you would not be entitled to file for compensation against your employer.

With this said, all incidents that occur in the workplace must be recorded in an accident report book. Accident at work reporting is of paramount importance because if an incident is not recorded, it could mean your chances of filing a successful personal injury claim are greatly reduced.

It is Easy to Prove Liability for an Accident at Work?

A lot of personal injury claims that involved an accident at work are straight forward legal processes when it comes to proving liability. However, in some instances, proving responsibility for an accident at work can be more complicated more especially if an employer believes you are fully or partly responsible for the incident. The same can be said of diseases and illnesses that workers are at risk of developing due to the work they do. It can prove challenging when it comes to proving liability and establishing who should be held responsible which often means the legal process is a long drawn out, complicated affair.

Liability for accidents at work can also be blurred when it comes to personal injury claims because of “contributory negligence” on the part of an employee. A court would take into consideration whether you contributed to the accident by acting in an irresponsible way or whether you took too much of a risk when carrying out your job you were tasked to carry out. A judge would also take into account your experience as well as your age when considering a personal injury claim that involves “contributory negligence”.

If it is found that you acted with “reckless disregard” to Health and Safety regulations that were clearly laid out when you were trained or first employed, or you ignored all the best practices and procedures as laid out by an employer, a judge could rule that the amount you are awarded would reflect the fact that you contributed to the accident that left you injured. If this is the case, the amount you receive would be a lot less than if there was no “contributory negligence” following an accident at work that left you injured and unable to work. Another very important point is to make sure reporting an accident at work follows the correct procedure.

Is It Worth Seeking Legal Advice if I was Responsible or Partly Responsible for an Accident at Work?

It would be fair to say that work-related personal injury claims that involve accidents at work can be complex legal processes that require a lot of evidence when it comes to proving liability more especially if you, as an employee, are partly or fully responsible for an accident at work occurring. There is also a strict time limit of 3 years associated with all personal injury claims and although this sounds like a long time, gathering all the information needed to strengthen a claim can be a long drawn out process more especially if specialist medical reports are needed or if the injuries you sustained were such that you need long-term medical care.

As such, it is best to seek legal advice sooner rather than later so that all the information that is needed when filing a claim that involves an accident at work can be gathered in a timely way which reduces the risk of running out of time.

Working with a Solicitor on a No Win No Fee Basis if I Caused an Accident at Work?

A lot of reputable, well-established accident at work lawyers throughout the country offer an initial free consultation which allows them the opportunity of assessing your claim and whether you could file for compensation following an accident at work even if you are partly or fully responsible for the incident that left you injured. Once your case has been thoroughly assessed and an accident at work lawyer feels you have a strong case to claim compensation from your employer because they were negligent and failed in their duty to keep you safe, they would typically offer to work with you on a No Win No Fee basis which in short, means a firm of solicitors can start working on your case without having to request an upfront fee or retainer to do so.

You would need to sign a Conditional Fee Agreement (CFA) which is a legal contract that sets out the agreed percentage you would pay for your legal representation but only if your personal injury claim is successful. The firm of solicitors would deduct the agreed fee directly from the amount a court awards you, in short, it takes all the worry of finding the funds to pay for their services off the table. If you claim is unsuccessful, you would have nothing to pay for the legal representation you have received when filing a claim for an accident at work that left you injured.

Links to Useful Websites

If you would like to find out more about the law pertaining to contributory negligence, the following link provides valuable information on the subject:

Section 1 of the Law Reform (Contributory Negligence) Act 1945

If you feel your employer ignored Health and Safety regulations and you suffered an injury as a result, the following link provides useful information on the topic:

More about Health and Safety at work

If you would like to find out more about personal injuries, the following link provides valuable information on the topic:

More about personal injuries in the workplace

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