Part Time Worker Accident Claims Guide
By Cat Way. Last Updated 8th March 2024. Welcome to our guide to part-time worker accident claims. On this page, you will find a complete guide to the legal process of making a compensation claim for an injury caused by a part-time worker accident.
In the eyes of the law, a part-time worker has the same rights as a full-time worker. If you have been working part-time, and you were injured in a workplace accident, then this guide to making a personal injury claim is for you.
If you are ready to make your claim without reading this guide, then you can call Legal Expert on 0800 073 8804 now, and we will walk you through the process of starting your claim. Or, send us a message about your claim online.
Select a Section
- Can I Claim Against My Employer If Employed On A Part-Time Basis?
- What Are My Rights As A Part-Time Employee?
- What Is Your Employer’s Duty Of Care?
- How Long Do I Have To Start An Injury At Work Claim?
- What Evidence Can I Use To Support My Injury Claim?
- How Much Compensation Could I Receive As A Part-Time Employee?
- Can I Claim Compensation On A No Win No Fee Basis?
- Essential References On Your Rights As A Part-Time Worker
Can I Claim Against My Employer If Employed On A Part-Time Basis?
If you suffer an injury at work while employed on a part-time basis, you can make a compensation claim.
Both full-time and part-time employees enjoy the same workplace rights and protections.
If your employer does decide to make an issue of it, putting your job at risk, you can claim against them for either unfair or constructive dismissal. If you’re concerned about this, we recommend checking out our guide on your protections against losing your job if you have an accident at work.
What Are My Rights As A Part-Time Employee?
It’s important to understand your legal rights and what you’re entitled to, especially following an accident. Let’s take a detailed look:
- Sick Pay – not all employers offer sick pay. Whether you’ll be entitled to it or not will depend on your contract of employment, so we recommend checking this first. Some companies pay a certain number of sick days, after which you will be paid statutory sick pay (SSP), which could be a lot lower.
- Protection From Dismissal – as mentioned above you cannot be sacked as a part-time worker if you suffer an injury at work.
- Right To Make A Compensation Claim – on top of this, you cannot be sacked for making a compensation claim. By law, all employers must have employers’ liability insurance in place to pay for the likes of compensation if an employee gets hurt.
What Is Your Employer’s Duty Of Care?
Employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This legislation states that they must take all reasonably practicable steps to keep their employees safe in the workplace and while working.
For example, this can include carrying out regular risk assessments, providing adequate Personal Protective Equipment (PPE) when necessary, and ensuring all staff receive adequate training. If your employer fails to fulfil their duty of care, and you suffer an injury as a result, you may be entitled to make a claim for accident at work compensation.
To learn more about when you could make a part-time worker injury compensation claim, contact our team today.
How Long Do I Have To Start An Injury At Work Claim?
In order to claim for a part time worker injury, you must begin proceedings within the personal injury claims time limit. This time limit is set out by the Limitation Act 1980, and is generally three years from the date of your accident.
However, for those under the age of eighteen, the time limit does not begin until their 18th birthday. From this date, they will have until their 21st birthday to start a claim. However, a litigation friend can begin proceedings on their behalf at any time while the time limit is suspended.
For those who lack the capacity to claim for themselves, the time limit is suspended indefinitely. During this time, a litigation friend could claim on their behalf. Should the claimant recover the appropriate capacity to make their own claim, the 3-year time limit will be reinstated on the date of their recovery, as long as a claim hasn’t already been made on their behalf.
Our advisors are here to help if you’d like to find out more about time limits in personal injury claims. Get in touch today to get started.
What Evidence Can I Use To Support My Injury Claim?
When you start an accident at work claim, it is your responsibility to provide evidence that supports your case. Evidence can help support a number of different areas of your claim, including the nature of your injuries, how your accident occurred, and who is responsible for your injuries.
One of the benefits of working with a No Win No Fee solicitor on your part time worker injury claim is that they can help you gather this evidence, which could include:
- Medical records: Your medical records can illustrate the injuries you suffered, as well as the treatment you will need going forward.
- Accident book logs: Any workplace with ten or more employees must have an accident book onsite. Recording your accident here creates a permanent record of what happened. A copy of this record could be used to help support your claim.
- CCTV footage: CCTV footage that shows your accident or the circumstances leading up to it.
- Photographs: Taking photographs of both your injuries and the accident site can be helpful in building a strong claim.
Get more information on collecting evidence to support your claim when you get in touch with our advisors today.
How Much Compensation Could I Receive As A Part-Time Employee?
In order to provide you with compensation examples for worker’s accident claims, we provided a list of injuries and their related compensation brackets, as listed in the Judicial College Guidelines.
We have used the 2022 Judicial College Guidelines to create this information. Legal professionals can use these figures to help evaluate claims, though the amounts shown are not guaranteed as every case is different.
| What was the injury? | Additional Info | How much? |
|---|---|---|
| Serious Hand Injuries (e) | Injuries greatly damaging the use of the hand | £29,000 to £61,910 |
| Less Severe Head Injuries (d) | A person may have mostly recovered but still has problems with brain function and memory | £15,320 to £43,060 |
| Serious Foot Injuries (e) | Serious fractures leaving the foot vulnerable to future long-term conditions | £24,990 to £39,200 |
| Less Severe Arm Injuries (c) | Causing a serious disability but mostly recovered | £19,200 to £39,170 |
| Less Serious Hand Injuries (g) | Serious crushing injuries | £14,450 to £29,000 |
| Moderate Ankle Injuries (c) | Ligament tear or fracture | £13,740 to £26,590 |
| Less Severe Wrist Injuries (c) | Permanent pain or stiffness | £12,590 to £24,500 |
| Serious Toe Injuries (d) | Serious injury to the great toe or multiple fractures to two toes | £9,600 to £13,740 |
| Moderate Hand Injuries (h) | Crushing injuries or penetrating woudns | £5,720 to £13,280 |
The compensation featured in the table above is general damages – an amount to compensate a person for the pain and suffering of their injury.
You could also be able to seek special damages – which is compensation for any financial losses your injury has caused. As a part time worker, if your injury:
- Affected your ability to work and therefore to earn
- Led to you spending money on treatment or care
- Led to you spending money on mobility aids or home adjustments
You could be able to claim compensation to address these, or other similar effects, under special damages.
If there is anything else you would like to know about making a claim for an accident whilst working part time, or for more guidance about accident at work claims please reach out to one of our advisers.
Can I Claim Compensation On A No Win No Fee Basis?
One of our solicitors may be able to help you with your art time worker injury compensation claim with a Conditional Fee Agreement (CFA). A CFA is a kind of No Win No Fee agreement that allows you to work with a solicitor without paying any upfront service fees. Likewise, you won’t be asked to pay for their work if your claim fails.
However, if your claim succeeds, your solicitor will deduct a success fee from your settlement award. This fee is a small, legally capped percentage.
There are a number of benefits that come with working with a No Win No Fee solicitor. For example, they can help you collect evidence, explain legal jargon, and ensure all areas of your claim are fully covered.
To find out if you could be eligible to work with one of our solicitors on your case, contact our team of advisors today:
- Call on 0800 073 8804
- Contact us online
- Use the live chat feature
Essential References On Your Rights As A Part-Time Worker
For more helpful guides:
- Read our guide to warehouse accident claims to learn more about the accident at work claims process.
- Learn more about the claims process and defective work equipment cases with our helpful guide.
- Our accident at work claims FAQs page offers more insight on frequently asked questions regarding accident at work claims.
Or, for helpful external information:
- The UK Government published information about Employer’s Liability Insurance: UK Government info on Employer’s Liability Insurance
- Clicking the link below will take you to our guide to claiming for stress at work: Workplace stress claims
- Below you will find a link that leads to UK Government published information about employment contracts: UK Government info on employment contracts
Thank you for reading our guide on part time worker accident claims.
