Lifeguard Accident At Work Claims Guide
In this guide, we will discuss how you could be eligible to claim compensation for the injuries you have sustained in a lifeguard accident at work. As we move through this guide, we will examine the criteria of eligibility that must be met to bring forward a personal injury claim, what evidence you could collect to support your case and potential compensation brackets.
Lifeguard Accident At Work Claims Guide
As an employee, your employer owes you a duty of care to take reasonably practical steps to keep you safe at work. If they breach this duty, it could lead to you sustaining an injury. This is employer negligence, for which you may be eligible to bring forward a personal injury claim for a swimming pool accident.
Continue reading this article to learn more about the relevant legislation outlining an employer’s duty of care. You can also call Legal Expert to speak to a claims advisor for insight into whether you could have valid grounds to bring forward a claim. If our advisors find that your case could be eligible, they may place you in contact with one of our No Win No Fee solicitors.
Please get in touch to make an enquiry by doing one of the following:
- Call 0800 073 8804
- Claim online via our form
- Write to one of our advisors using the live support feature below
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A Guide To Lifeguard Accident At Work Claims
Your employer owes you a duty of care which is laid out by the Health and Safety at Work etc. Act 1974 (HASAWA). This states that employers must take reasonably practicable steps to ensure their employees’ safety.
These steps include:
- Providing the appropriate level of training to employees
- Performing repairs and maintenance within the correct time frame
- Carrying out risk assessments
Therefore, an employer may breach their duty of care by failing to provide their employees with any training. This could lead to unsafe working conditions, which leads to an accident and injury.
It is also important to note that under Section 7 of HASAWA, employees have a duty to take reasonable care of their own health and safety. Therefore, you must cooperate with your employer by adhering to any training provided and behaving sensibly.
Below we will lay out the eligibility criteria that must be met to make an accident at work claim:
- Firstly, your employer owed you a duty of care at the time and place of the accident.
- Secondly, your employer breached their duty of care, causing a leisure centre accident.
- Finally, this breach caused you to suffer from physical or psychological injuries.
Please call our team of advisors for an assessment of whether you could be eligible to bring forward a personal injury claim.
Lifeguard Hazards In The Workplace
As previously mentioned, employers must carry out risk assessments to determine any hazards in the workplace and manage the risks. This duty is outlined by The Management of Health and Safety at Work Regulations 1999. After identifying a hazard and assessing its severity, an employer must take action to eliminate the hazard completely or at least control the risk if elimination isn’t possible.
There may be various hazards that could lead to a lifeguard accident at work. For example:
- Wet and slippery flooring or a missing tile could lead to slip, trip and fall accidents.
- Swimming pool water must be treated with chemicals to minimise the risk of employees and the public spreading and contracting illnesses. If a swimming pool’s filtration system is faulty, it could lead to unsanitary and unsafe conditions.
Accident At Work Statistics
The Health and Safety Executive (HSE) is Britain’s national workplace health and safety regulator. They compile employer reports of injuries in the workplace under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) and provide useful statistics to assist in improving workplace health and safety. These statistics show that in 2021/22:
- There were a total number of 61,713 reported non-fatal injuries to employees.
- The highest cause of these injuries was slips, trips or falls on the same level.
- There were a total number of 123 reported fatal injuries to workers.
- Drowning or asphyxiation was the cause of 4 of these injuries.
Types Of Injuries Caused By Lifeguard Accidents At Work
If, as a lifeguard, you were injured in an accident at work, you could suffer from minor to serious and life-altering injuries.
Examples of injuries you could sustain in a lifeguard accident include:
- Soft tissue injuries
- Fractures
- Head and brain injuries
- Heat exhaustion or heatstroke
- A chemical burn
- Psychological injuries
Speak to one of our advisors to learn more about whether you could be eligible to make a personal injury claim.
How To Claim For An Accident At Work
To strengthen a lifeguard accident claim, we recommend that you gather evidence of your employer’s negligence and the effects that this has had on your quality of life. This could include the following:
- Photographs
- Witness contact details
- CCTV footage
- Medical records
Additionally, we recommend that you seek legal advice. Please get in touch with our team at Legal Expert today for free and confidential advice.
Examples Of Payouts For A Lifeguard Accident At Work
For a successful personal injury claim following a lifeguard accident at work, you could receive up to two potential heads of claim:
- Special damages – under which you could receive compensation for the financial losses incurred as a result of your injuries, such as loss of earnings, care costs and travel expenses. You must provide evidence of any monetary losses, including payslips, travel tickets and bank records.
- General damages – under which you could be compensated for both the mental and physical pain and suffering caused by your injuries.
We have provided the table below as a guide to potential compensation brackets for various injuries under general damages. We used the 16th edition Judicial College Guidelines (JCG) to create this table. Legal professionals, such as solicitors working on personal injury claims, can also use the JCG to help them value settlements.
| Injury | Notes | Potential Compensation Brackets |
|---|---|---|
| Very Severe Injury Caused by Brain Damage (a) | Within this bracket, the person will have double incontinence, little, if any, language function or evidence of a meaningful response to their environment, and a need for full time care. | £282,010 to £403,990 |
| Moderate Injury Caused by Brain Damage (c)(i) | The injury has caused the person an intellectual deficit which is of a moderate to severe nature. Their personality will also have been changed and there could be impacts on the persons’ senses with a significant risk of epilepsy. | £150,110 to £219,070 |
| Moderate Injury Caused by Brain Damage (c)(iii) | The injury has impacted the person’s memory and concentration. Their ability to work will be reduced and there will be a small risk of epilepsy. | £43,060 to £90,720 |
| Severe Back Injury (a)(i) | This bracket will include the most severe injuries involving damage to nerve roots and the spinal cord, resulting in a combination of very serious consequences. This can include severe pain and disability. | £91,090 to £160,980 |
| Moderate Back Injury (b)(i) | Various injuries fall within this bracket. For example, damage to an intervertebral disc with reduced mobility and nerve root irritation. | £27,760 to £38,780 |
| Moderate Back Injury (b)(ii) | This bracket includes many commonly encountered back injuries, such as disturbances to muscles and ligaments leading to backache. | £12,510 to £27,760 |
| Moderate Hand Injury (f) | Severe fractures to the fingers. | Up to £36,740 |
| Less Severe Elbow Injury (b) | Injuries within this bracket will not involve major surgery or significant disability but will cause an impairment of function. | £15,650 to £32,010 |
| Moderate Knee Injury (b)(i) | This bracket will include injuries involving torn cartilage or meniscus, or dislocation. This will lead to a mild future disability. | £14,840 to £26,190 |
| Moderate Foot Injury (f) | This bracket will include displaced metatarsal fractures that lead to permanent deformity and persisting symptoms. | £13,740 to £24,990 |
The figures in the table above are a guide. For a more accurate estimation of the payment you could be eligible to receive, please get in touch with a member of our team.
Contact Us For Expert Advice Following A Lifeguard Accident
Please contact Legal Expert today to see if you can make a personal injury claim for a lifeguard accident at work. Suppose our advisors find that you could have legitimate grounds to make a personal injury claim, in that case, they may place you in contact with one of our No Win No Fee solicitors, who could offer to work on your claim under a Conditional Fee Agreement (CFA).
Entering into a CFA generally means:
- You won’t pay any upfront or ongoing fees for a solicitor’s services.
- You won’t pay any fees for the services of a solicitor if your claim is unsuccessful and you do not receive compensation.
- A solicitor can take a small percentage of the compensation if your claim is successful. The law caps this success fee. Therefore, you will not be overcharged.
Please get in touch with Legal Expert to see if you can bring forward a personal injury claim after a lifeguard accident at work. You can:
- Call 0800 073 8804
- Claim online via our form
- Write to one of our advisors using the live support feature below
Related Content And Articles
We have included the resources below to provide further information about making a personal injury claim.
Our articles:
- If I Am A Temporary Worker What Are My Rights After An Accident At Work?
- How Much Compensation For A Gym Accident Claim?
- How Much Compensation Can I Claim For A Work-Related Illness?
Other useful links:
GOV.UK – Statutory Sick Pay (SSP)
HSE – Leisure Regulation – Frequently asked questions
NHS – First aid
If you have any queries about claiming personal injury compensation for a lifeguard accident, please don’t hesitate to contact us.
