Nerve Damage After An Accident At Work – Can I Make A Claim?
Last updated 7th August 2023. By Cat Way. If you have sustained nerve damage after an accident at work, you may have valid grounds to make a personal injury claim. To be eligible to pursue compensation, you must have been injured in an accident at work caused by your employer breaching their duty of care. This is referred to as negligence.
Nerve Damage After An Accident At Work – Can I Make A Claim?
In this guide, we will explore how workplace accidents could occur, what impacts they may have on your quality of life and the potential guideline compensation brackets relating to various injuries. Additionally, we will explain key information relevant to making a personal injury claim. For example, how long you may have to begin your claim and what evidence you could gather to support your case.
Additionally, we will examine how the use of a No Win No Fee solicitor could provide benefits for you and your claim. You can also speak with an advisor from our team if you would like to discuss any concerns or frequently asked questions. They can provide confidential advice 24/7, completely free of charge.
To get in touch:
- Call us on 0800 073 8804
- Write to us about your claim online
- Chat with us using our live chat service
Jump To A Section
- Could I Claim For Nerve Damage After An Accident At Work?
- Types Of Nerve Damage After An Accident
- What Evidence Is Needed For A Workplace Accident Claim?
- Compensation Payouts For Nerve Damage After An Accident At Work
- Contact Us To Learn About Using A No Win No Fee Solicitor
- References For Accident At Work Claims
Could I Claim For Nerve Damage After An Accident At Work?
The Health and Safety at Work etc. Act 1974 outlines the duty of care owed by all employers. This means that every employer must take reasonably practicable steps to ensure the safety of their employees whilst they are at work. An example of the steps they must take includes providing relevant and proper training to their staff.
To fit the criteria of eligibility to make a personal injury claim, you must be able to prove that:
- Your employer owed you a duty of care at the time and place of the accident
- They breached this duty of care
- You sustained injuries as a result of this breach
Therefore, not all accidents in the workplace may lead to a personal injury claim. For instance, your employer may have taken all the reasonably practicable steps to ensure your safety. However, you did not adhere to the training you were provided, leading to an accident in which you were injured. In this case, you would be liable for your injuries.
It is important to discover whether your claim is within the relevant time limits to make a personal injury claim. We will discuss this in the following section.
What Is The Accident At Work Claims Time Limit?
It’s important to start your accident at work compensation claim within the correct time limit. For personal injury claims, this is usually three years from the date of your accident, as stated by the Limitation Act 1980. However, this does come with some exceptions.
For those who lack the mental capacity to make a claim for themselves, the time limit is suspended indefinitely, during which time a litigation friend can make their claim on their behalf. Should they regain the required capacity, then the time limit will reinstate on the date of their recovery and run for three years, provided no claim has already been made on their behalf.
Similarly, the time limit is frozen for those under the age of 18, but this is only temporary; on their 18th birthday, the time limit will reinstate and then run until they turn 21. At any point while the time limit is frozen, a litigation friend can start the claim on their behalf. Otherwise, they can claim for themselves when the time limit reinstates.
To find out if you are within the correct time limit to claim for nerve damage, or to learn more about making a nerve damage claim, contact our team today.
Types Of Nerve Damage After An Accident
Nerve damage can result from many different injuries. The body has a complicated nervous system composed of the brain, spinal cord, and a complex network of nerves. Nerves travel throughout the body. If a part of the body is injured, this can impact the nerves in that area. For example, if a person was to injure their neck, shoulders or arms, this could impact the brachial plexus. The brachial plexus is a group of nerves that receive signals from the spinal cord and transmit them to the shoulder, arm and hand. An injury that leads to damage to this network of nerves can cause significant disability.
If you have sustained nerve damage after an accident at work, for which your employer is liable, please contact a member of our team for free legal advice.
What Evidence Is Needed For A Workplace Accident Claim?
If you are eligible to make a claim and would like to pursue personal injury compensation, you should gather evidence to prove the occurrence of negligence. This will strengthen your claim. You could do this by:
- Obtaining a copy of your medical records which detail your physical or psychological injuries
- Filling out the workplace accident book
- Acquiring CCTV footage of the incident
- Taking photographic evidence
- Gathering witnesses’ contact details for statements to be taken at a later date
- Keeping a record of any financial losses resulting from your injuries
An advisor from our team can offer advice regarding the evidence you could provide to support your claim. Don’t hesitate to get in touch.
Compensation Payouts For Nerve Damage After An Accident At Work
Up to two heads could make up a successful personal injury claim for nerve damage after an accident at work. First, general damages compensate for the mental harm and the physical pain and suffering caused by your injuries.
We have created the table below using 2022 updated Judicial College Guidelines (JCG). Legal professionals can use the JCG to assist them when valuing the general damages head of claims. Therefore we used this document to provide the guideline compensation brackets for different injuries relating to nerve damage.
| Injury | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Injuries Involving Paralysis | Paraplegia (b) | £219,070 to £284,260 | The award within this bracket will consider the presence and extent of any pain, the person’s age, and their life expectancy. |
| Back Injuries | Severe (a)(i) | £91,090 to £160,980 | A severe injury which involves damage to the nerve roots and the spinal cord, resulting in multiple very serious consequences. |
| Back Injuries | Severe (a)(ii) | £74,160 to £88,430 | Injuries that fall within this bracket will have special features, such as nerve root damage with loss of sensation, impaired mobility and further problems. |
| Neck Injuries | Severe (a)(ii) | £65,740 to £130,930 | This bracket covers injuries that lead to disabilities of considerable severity, such as, permanent damage to the brachial plexus. |
| Shoulder Injuries | Severe (a) | £19,200 to £48,030 | Injuries that fall within this bracket will usually involve damage to the brachial plexus and will often be associated with neck injuries. They will result in significant disability. |
| Shoulder Injuries | Serious (b) | £12,770 to £19,200 | There will be shoulder dislocation and damage to the lower fraction of the brachial plexus leading to aching, pain, sensory symptoms and weakness of grip. |
| Leg Injuries | Less serious (c)(i) | £17,960 to £27,760 | Serious soft tissue injuries, which could cause some nerve damage in the lower limbs, or fractures from which the person makes an incomplete recovery. |
| Skeletal Injuries | Fractures of the Nasal Complex or Nose (c)(i) | £10,640 to £23,130 | Multiple fractures or a serious fracture that requires multiple operations and/or leads to permanent damage to the person’s airways, difficulty breathing and/or nerves. |
| Hand Injuries | Serious Thumb Injury (t) | £12,590 to £16,760 | This bracket includes injuries involving nerve damage, fractures or amputation of the tip of the thumb. |
| Hand Injuries | Moderate Thumb Injury (u)(i) | £9,670 to £12,590 | An injury that necessitates arthrodesis of the interphalangeal joint or damage to the nerves or tendons. |
Please note that these figures are not an exact representation of the compensation that may be awarded for a successful personal injury claim.
How Special Damages Could Also Compensate You
Additionally, you could receive a payment under the special damages head of claim for any financial losses incurred due to your injuries. This could include:
- Loss of earnings
- Home adaptations
- Care costs
- Travel expenses
- Medical costs
As previously mentioned, it is important to gather evidence of any monetary losses. This could be done using receipts, invoices, or bank records.
Please don’t hesitate to contact an advisor from our team, who may offer you a personalised estimate of the potential accident at work compensation you could be eligible to receive.
Contact Us To Learn About Using A No Win No Fee Solicitor
Allow our advisors to assess your case today. If they find you may have valid grounds to make a personal injury claim for nerve damage after an accident at work, they could connect you with one of our No Win No Fee solicitors.
A No Win No Fee solicitor could offer to work on your claim under the terms of a Conditional Fee Agreement (CFA). This means you typically wouldn’t be asked to pay for the services provided by your solicitor if your claim is unsuccessful. Nor would you pay for these upfront or during your ongoing claim.
However, your solicitor can receive a success fee in the event your claim is successful. This is a small percentage taken from the compensation, which the law caps, guaranteeing you won’t be overcharged.
How To Get In Touch
If you have sustained nerve damage after an accident at work, our advisors can help answer any enquiries about making a personal injury claim. There’s no need to hesitate as their advice is available 24/7 at no cost.
To get in touch with an advisor from our team who could connect you with one of our No Win No Fee accident injury solicitors:
- Call us on 0800 073 8804
- Write to us about your claim online
- Chat with us using our live chat service
References For Accident At Work Claims
Here are more of our guides on claiming for an accident in the workplace:
- You might be wondering, “I Hurt Myself At Work, What Should I Do?” Our guide offers more insight into claiming for an accident at work.
- Read our helpful guide to find out if you Can Claim Injury Compensation If You Have Left The Company and learn more about the compensation claims process.
- Our helpful solicitors guide answers the question, “Do I need to use Injury At Work Lawyers Near Me when I make an accident at work claim?”
Additionally, we have included further reading relating to this topic:
- NHS – What happens when you call NHS 111
- GOV.UK – Statutory Sick Pay (SSP)
- Health and Safety Executive (HSE) – First aid in work
Thank you for reading this guide on whether you could be eligible to make a personal injury claim when you have sustained nerve damage after an accident at work. Contact us if you have any remaining questions by using the details provided in the article.