Last Updated November 11th 2024. Welcome to our guide on when you may be eligible to claim compensation for injuries caused by understaffing at work. Within this guide, we will discuss the eligibility criteria that must be met for all accident at work claims for them to be valid.
We will also provide examples of how you could suffer an injury at work due to understaffing. Additionally, we will discuss the types of evidence that could be used to support a personal injury claim. This guide will also share the different heads of loss that could be awarded if your claim is a success. Furthermore, this guide will conclude by looking at how one of our No Win No Fee solicitors could assist you with your case.
Contact our team of advisors if you have any questions regarding the personal injury claims process or to discuss your specific case. They can be reached 24 hours a day, 7 days a week, via the following methods:
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- Call on 0800 073 8804
- Talk to us about your claim online.
- Use the pop-up chat window.
Select A Section
- How To Claim For Injuries Caused By Understaffing At Work
- How Could You Be Injured Due To Inadequate Staffing Levels?
- What Evidence Could Help You Prove Your Employers Liability?
- What Could You Claim For Injuries Caused By Understaffing At Work?
- How Our No Win No Fee Team Could Help You
- Learn More About Claims For Injuries Caused By Understaffing At Work
How To Claim For Injuries Caused By Understaffing At Work
Your employer must take all reasonable steps to prevent you from sustaining injuries at work. This is their duty of care to you, and it is outlined within The Health and Safety at Work etc. Act 1974. For example, they should provide adequate training, perform regular risk assessments, and ensure there are enough members of staff to complete daily workplace duties safely.
In order to be eligible to make an accident at work claim, you must be able to demonstrate the following:
- Your employer must have owed you a duty of care.
- They must have then breached this duty.
- Due to their breach, you suffered injuries.
Limitation Periods
If your injuries have been caused by understaffing at work, and you meet the personal injury claims eligibility criteria, you must also be aware that there is a time limit within which you have to start legal proceedings. This is set out as three years from the date of the accident within the Limitation Act 1980. The Act also lists some exceptions to this limitation period.
To learn what these are or to discuss your specific case in more detail, you can contact our advisory team today.
How Could You Be Injured Due To Inadequate Staffing Levels?
Sometimes, workplace injuries could be caused by understaffing within the workplace. Some examples of how you may be injured due to there not being enough staff members include:
- You received inadequate training to perform your manual handling duties due to there being insufficient members of staff available. Due to this, you suffered a back injury due to poor lifting techniques.
- Due to there being not enough staff members, you are asked to operate a piece of machinery that requires two people to operate safely. Due to this, you suffered a serious arm injury when operating the machinery by yourself.
- Since there is a lack of staff available, you are required to work overtime as a forklift driver. These additional hours caused you to suffer from exhaustion, which led to you crashing while using the forklift and suffering a head injury.
These are only a few examples. To discuss your specific case and receive free advice, you can contact our friendly team of advisors.
What Evidence Could Help You Prove Your Employers Liability?
If your injuries were caused by understaffing at work, you will need to gather evidence that proves your employer breached their duty of care, and that this caused your injuries. Some examples of the evidence that you could acquire include:
- CCTV footage – If any video footage captured your accident taking place, this could be used to prove how the accident occurred.
- Photographs – If possible, take pictures of the hazards that caused your injuries. You can also document visible injuries.
- Staff rotas – These can show how many staff members were working at the time of your injury. This information can then be cross-referenced with the nature of your job and whether the number of staff was sufficient.
- Contact information for witnesses – Anyone who witnessed your accident taking place could provide a statement about it at a later date.
- Medical evidence – For example, you could submit your medical records that outline the injuries you suffered and their treatments.
These are only a few examples. To receive more advice on the evidence you could collect for your specific case, you can contact a member of our advisory team.
What Could You Claim For Injuries Caused By Understaffing At Work?
So, how much compensation could you get for injuries caused by understaffing at work? The answer to this question can vary, depending on the circumstances surrounding your claim.
If you make an understaffing at work injury claim, you could potentially receive up to two heads of claim. All successful claims result in general damages, which is the first heading. This covers the pain and suffering you undergo as a result of your injuries, and it also covers the effect that they have on your quality of life. This is also known as loss of amenity.
The Judicial College Guidelines (JCG) are often used to help calculate how much compensation you could receive. This document contains a range of different injuries and illnesses with guideline compensation amounts beside them.
Keep in mind that these are only guidelines and aren’t guaranteed amounts. Likewise, the first entry in this table hasn’t been taken from the JCG.
| Injury | Severity | Amount |
|---|---|---|
| Multiple serious injuries, plus special damages, like lost wages | Severe | Up to £1,000,000+ |
| Back | (a) Severe (i) | £111,150 to £196,450 |
| Chest | (b) Permanent | £80,240 to £122,850 |
| Finger | (d) Amputation | £75,550 to £110,750 |
| Leg | (b) Very serious | £66,920 to £109,290 |
| Hand | (b) Serious | £68,070 to £103,200 |
| Arm | (b) Permanent | £47,810 to £73,050 |
| Elbow | (a) Severe | £47,810 to £66,920 |
| Wrist | (b) Permanent | £29,900 to £47,870 |
| General psychological damage | (b) Moderately Severe | £23,270 to £66,920 |
What Are Special Damages?
In some personal injury claims, claimants may be eligible to receive an additional figure known as special damages. This head of loss addresses the financial impact your injuries have caused you. Some examples of the financial losses you could experience and be compensated for include:
- Medical costs, such as paying for prescriptions.
- Loss of earnings, if you need to take time off work to recover.
- Travel costs, such as taxi fares to medical appointments or work.
Keeping hold of any evidence of these losses could help support your case for special damages. Evidence could include invoices, payslips and receipts.
If your injuries have been caused by understaffing at work, you can contact our advisors to see whether you may have a valid personal injury claim. They can also provide you with a free valuation of your case.
How Our No Win No Fee Team Could Help You
If you have suffered injuries that have been caused by understaffing at work, and you meet the personal injury claims eligibility requirements, one of the No Win No Fee solicitors on our team may be able to assist you with your case.
By offering you their services under a Conditional Fee Agreement, this means that you won’t be required to pay them an upfront fee for them to begin working on your case. Furthermore, you will not need to pay them for their services while your claim is in progress or it if fails.
They only take their payment if your claim is successful, and it’s taken from the compensation you receive. The percentage they take is capped by law, and it is referred to as a success fee.
Get In Touch With A Member Of Our Team
Our advisors are available 24/7 to answer your questions about claiming for injuries caused by understaffing at work. Additionally, if they think you may have a valid claim, they can also connect you with a No Win No Fee solicitor to assist you with starting legal proceedings.
To get in touch with them, you can:
- Call on 0800 073 8804
- Talk to us about your claim online.
- Use the pop-up chat window.
Learn More About Claims For Injuries Caused By Understaffing At Work
More from us:
- We also have a guide on stress at work claims. Read it to find out if you could be owed compensation.
- We’re often asked “Can I be sacked for making a work accident claim?” Therefore, we answered the question in this guide.
- We’ve also answered the question, “I was injured at work, what are my rights?” This article contains the answer.
Information from other sources:
- NHS – Heath A to Z.
- Ministry of Justice – Pre-Action Protocol for Personal Injury Claims.
- Health and Safety Executive (HSE) – Human factors: Staffing levels.
To see whether you could claim for your injuries caused by understaffing at work, contact our advisory team today.
