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Workplace Accident Claims Guide – How To Make A Claim Against Your Workplace For An Accident Or Injury?

By Marlon Cooke. Last Updated 17th August 2022. Welcome to our guide on workplace accident claims. Whatever type of job you work in, your employer has a duty to try and ensure your safety wherever possible. They need to assess your tasks and remove or reduce any dangers they identify. Failure to do so could mean your entitled to compensation for any injuries sustained during an accident caused by your employer’s negligence. In this guide, we’re going to look at how to make workplace accident claims. We’ll look at workplace accident examples, why your employer might be liable and how much compensation you could be entitled to. We’ll also look at your rights while injured and the circumstances that could lead to an accident claim.

workplace accident claims

How to make a claim against your workplace guide

Legal Expert can help you make a personal injury claim following a workplace accident. We provide free legal advice on the claims process and our specialists can assess your claim on a no-obligation basis. Should your claim be valid, you could be referred to a personal injury solicitor. If they take your claim on, it’ll be on a No Win, No Fee basis.

If you’re ready to start your claim today, please call an advisor on 0800 073 8804. Or, if you’d like more information on how to claim compensation after an accident at work, please continue reading.

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A Guide On How To Make A Claim Against Your Workplace

According to the Health and Safety at Work Act 1974, all employers have a duty to “ensure, so far as is reasonably practicable, the health, safety and welfare” of all employees while at work. While no workplace will ever be completely free of risk, employers need to take steps to reduce risks wherever possible. This could include removing physical risks, changing the way a task is carried out or providing Personal Protective Equipment (PPE) to make a task safer.

If your employer breaches their duty of care towards you, and an accident happens as a result, then you could be entitled to claim compensation for your injuries. Therefore, we’ll look at what you could claim compensation for, how much you might be entitled to and how to do so using a No Win, No Fee service. Also, throughout this guide, we’ll explain how to claim for an accident at work, your entitlement to do so and how we could help you claim.

We’d always advise that you should have a specialist solicitor on your side when making accident at work claims. We’d also suggest that you seek legal advice as soon as possible. That’s because there is a 3-year personal injury claims time limit which, in normal circumstances, begins from the date of your accident or from when you found out about your injuries. Failure to begin in time may mean your claim is automatically barred.

To help your accident at work lawyer make your claim, later in this guide, we’ll look at what evidence you can use to; prove what happened, who was to blame and what injuries you sustained.

When you’ve finished reading, if you still have questions about making a claim or how to complain about your workplace, please contact an advisor.

What Are Workplace Accident Claims?

If you’re going to make a claim against an employer, you’ll need to show that:

  • You were injured or made ill.
  • Because somebody who owed you a duty of care (such as your employer) was negligent.
  • And that negligence was the cause of the accident which led to your suffering.

If you caused the accident to happen because you failed to follow workplace procedures, then an injury claim wouldn’t be possible.

Check That You Are Eligible To Claim Against Your Workplace

It’s not just full-time employees who are eligible to make a claim against an employer. You may also be able to claim in the following circumstances:

  • Agency or temp workers.
    In some cases, it might be necessary to sue the agency directly if they had failed to provide training or safety equipment for instance.
  • Zero-hours contracts.
    If you’re employed on a zero-hours contract, your employer will still owe you a duty of care. You could make a claim in the same way as any other employee.
  • Home workers.
    Usually, you can’t claim against your employer for things that are out of their control. Therefore, it might not be possible to claim for an accident while working at home. For instance, if you fall over because of a slippery floor, a claim is unlikely to be possible. However, if you’re injured because of faulty or defective equipment provided by your employer, you could be entitled to compensation.
  • Self-employed staff.
    If you’re self-employed, but working at a company’s premises, they still owe you a duty of care. Therefore, if you’re injured while on their premises because of failure in health and safety procedures, you might be entitled to claim compensation.

Circumstances In Which You Could Claim

There are many different scenarios where you could be entitled to claim for suffering caused at work. These include:

  • Accidents in the workplace.
  • Exposure to hazardous substances.
  • Workplace bullying.
  • Repetitive Strain Injury (RSI).
  • Workplace stress.

This isn’t an exhaustive list. Essentially, any form of suffering which is caused because your employer didn’t take steps to reduce the risk could lead to a compensation claim.

If you’re unsure if you’re eligible to claim, why not ask one of our specialists to assess your claim by calling 0800 073 8804 today. We could help those enquiring about workplace accident claims.

Common Causes Of Injuries In The Workplace

According to statistics from the Health and Safety Executive (HSE), in 2018/9 the most common types of workplace accidents were:

  • Slips, trips and falls on the same level – 29%.

    workplace accident statistics graph

    workplace accident statistics graph

  • Lifting, handling or carrying – 20%.
  • Being struck by a moving object 10%.
  • Acts of violence – 8%.
  • Falls from height 8%.

According to the HSE, there were 433,000  workplace injuries that required the employee to take up to 7 days off work. If you’d like advice on how to make a claim against your workplace, for any type of accident, please get in touch.

Check Your Rights As An Employee

We are often asked, “I had an accident at work, what are my rights?”. Well, in normal circumstances, as an employee, you have a right to claim compensation for workplace accidents if an accident is caused by somebody else’s negligence. You may also be entitled to claim sick pay if you take time off work to recover. Depending on your contract, this could be full contractual sick pay or Statutory Sick Pay (SSP) provided by your employer for up to 28 weeks.

So long as your claim is honest, you cannot be disciplined, sacked, laid off or treated differently for claiming compensation. If you are dismissed after an accident at work, it might be possible to claim for unfair dismissal. Also, you shouldn’t worry about claiming compensation as all employers are obliged to have insurance in place to cover such claims.

Check Who Is At Fault For Your Accident Or Injury

To be eligible to claim against your workplace, you’ll need to show that your employer/any other employee was to blame in some way for the accident which caused your injuries. Here are some reasons for accidents that could mean your employer was to blame:

  • Inadequate training.
  • Defective or damaged equipment.
  • Incorrect personal protective equipment.
  • Where employees aren’t aware of health and safety procedures.
  • Or where equipment isn’t maintained according to the manufacturer’s guidelines.

This isn’t a full list of reasons why an employer might be liable. Whatever the situation, if you believe your injuries were caused by employer negligence, please let us know. We’ll review your case with you to determine if you’re able to claim compensation.

What Are The Steps To Making A Claim Against Your Workplace?

Workplace accident claims will need supporting evidence. Therefore, if you are unfortunate enough to suffer an injury while at work, you could take the following steps to help if you decide to claim compensation:

  • Report the accident to the supervisor as soon as possible. A workplace accident report can be used to help prove the date, time and place an accident happened. It could also prevent an employer from denying the injuries you’re claiming for were sustained in the accident.
  • Seek medical attention for your injuries. Medical records could then be used to show what injuries you sustained.
  • Ask witnesses for their details. Also, ask for any CCTV footage if the area was covered by security cameras.
  • Photograph the scene of the accident. Doing this as soon as possible should mean you’re able to capture the cause before it’s removed or repaired.
  • Keep hold of any correspondence from your employer relating to the accident.

When you’re ready, you could contact us to help you review the evidence you have to support your claim. Although the steps above may seem time-consuming, they could really help ensure you receive the correct level of compensation for your injuries.

What Could I Claim Compensation For?

When you make a claim for an accident at work, your solicitor will be able to claim for general and special damages. General damages are paid to cover any pain, suffering or loss of amenity caused by your injuries. We’ll look at these later in this guide.

Special damages, on the other hand, are designed to cover any financial losses incurred as a result of your injuries. These could include:

  • Travel Costs.
    It’s possible that you’ll need to make multiple trips to GP surgeries, pharmacies or hospitals while recovering from an injury. Therefore, you could claim for any travel, fuel or parking costs.
  • Medical Expenses.
    Any remedial treatment might mean you have to pay for prescriptions or over the counter treatments. If that’s the case, any costs incurred could be included in your claim.
  • Care Costs.
    In some cases, you will need a professional carer or family member to support your recovery. If that’s the case, you could ask for any fees to be paid back. Also, you could work out an hourly rate for the time of the family member who supported you.
  • Property Damage.
    When your accident happened, if any personal property is damaged, you could ask for the cost of replacing it. This could include damage to your mobile phone, clothing or spectacles.
  • Lost Income.
    When you take time off to visit a doctor or to recover, you could end up losing income. If that happens, you could ask for it to be included in your claim.
  • Future Lost Earnings.
    Also, if there’s an impact on your long-term ability to work, you might be able to claim for future lost income too. 

Importantly, you’ll need to keep any bank statements, wage slips or receipts that could be used to prove any financial losses you’re claiming for. This evidence can be important when making workplace accident claims.

Will My Claim Have To Go To Court?

In our experience, it’s rare for workplace accident claims to end up in court. Usually, our solicitors are able to settle the claim amicably. A case will usually only require court intervention where an employer denies liability for the accident. If that happens, your solicitor will represent you in court as part of your No Win, No Fee service.

Workplace Accident Claims – Compensation Examples

To show you how compensation could be awarded in workplace accident claims, we have created a chart of injuries that could be sustained in accidents at work.

These injuries are accompanied by ranges of compensation that could be received for them. The information is taken from the 2022 release of the Judicial College Guidelines (JCG) and are examples of the general damages we had discussed – compensation awarded for the pain and suffering that the injuries may have caused. Legal professionals can use the JCG to help value claims.

Edit
Injury Type Severity Compensation Further Information
Leg Amputation Up to £137,470 Injuries which result in the above-knee amputation of one leg.
Ankle Severe Up to £50,060 Ankle injuries that require pins and plates to hold bone fragments in place.
Back Moderate Up to £38,780 Cases of crush or compression fractures which cause a substantial risk of osteoathritis or lead to constant pain are included in this category.
Back Minor Up to £12,510 Less serious strains, sprains and soft tissue injuries where full recovery occurs, without surgery, in between 3 month and 2 years.
Neck Moderate Up to £38,490 Cases of wrenching-type injuries and more serious disc lesions resulting in cervical spondylosis or permanent and recurring pain are included in this category.
Neck Minor Up to £7,890 Soft tissue damage to the neck where full recovery occurs within 3 months.
Knee Moderate Up to £26,190 Injuries including dislocation, torn meniscus, lacerations, twisting and bruising which causes continuous discomfort are covered by this category.
Arms Fracture Up to £19,200 Simple forearm fractures are covered by this category.
Wrist Fracture In the region of £7,430 Uncomplicated Colles’ fracture of the wrist are covered by this category.

As explained, you could also be eligible to claim compensation for any related financial losses through special damages.

For more advice on how compensation is calculated for an accident at work claim, please reach out to one of our advisers today.

No Win No Fee Claims Against Your Workplace

Making a claim against your employer can be quite stressful. You might also worry about the financial risks involved. We can help you reduce both because our solicitors will offer to enter into a No Win, No Fee agreement, also known as a Conditional Fee Agreement (CFA), for any claim they handle.

When you get in touch, your claim will be assessed to see if it’s viable. If the solicitor believes it’s strong enough, and you’re happy to proceed, you’ll be given a No Win, No Fee agreement to sign.

The CFA is a legal contract between you and your solicitor. It’s important because it makes it clear that you won’t pay any upfront fees, there are no costs during the claim and, if the claim is lost, you won’t have to pay the solicitor’s fees.

If your claim is successful, you’ll be asked to pay a small contribution towards the solicitor’s costs. This is known as a success fee and it’s expressed as a percentage of your compensation. You shouldn’t worry too much about this as, legally, they are capped, and the level of success fee is listed within the CFA from the start.

To find out whether you’re able to claim on a No Win, No Fee basis, please get in touch today.

Why Choose Us For A Claim Against An Employer?

Now that we’ve shown you how to make a claim against your workplace, we hope that you’re considering using Legal Expert to make your claim. Should you require it, here is some more information about how we could help you claim:

  • We provide free legal advice on the claims process.
  • Our specialist advisors can assess your claim on a no-obligation basis.
  • You can begin your claim whenever you like as our claims line is open 24-7.
  • Our team of specialist solicitors have decades of experience handling personal injury claims.
  • Should your claim be taken on, you’ll receive regular updates as it progresses.
  • Your solicitor will provide information on the claims process and explain any legal jargon when required.
  • The aim of our solicitors is to always try and ensure you receive the correct level of compensation for your injuries.

If you need any more information on how we can help with workplace accident claims please get in touch with the team today.

Start Your Claim

We hope this guide to workplace accident claims has helped you. Now that we’ve explained how to make a claim against your workplace, we hope you’re ready to begin a claim with Legal Expert. If that’s the case, you can contact us using any of the following methods:

  • Telephone: Call and speak with a specialist advisor on 0800 073 8804
  • Live Chat: You can connect with an advisor using our live chat feature from any page on this site.
  • Email: Send details of your claim by email to info@legalexpert.co.uk.
  • Call back: If you’d like a specialist advisor to call at a convenient time, please use this online claim form.

Whatever route you use to get in touch, we’ll begin by assessing your claim. A member of our team will look at how you suffered. They’ll consider what injuries were sustained, who was to blame and the evidence you have available. If the claim seems viable, you could be referred to one of our solicitors. If they agree to take your claim on, it’ll be on a No Win, No Fee basis. Any advice offered by our advisors is free. Therefore, if you’re considering a claim, please get in touch today.

Essential References

Here are some more of our guides and some external links to relevant information on workplace accident claims.

Employment Status – Information from gov.uk about the different ways in which you could be employed by a company.

Health And Safety Executive (HSE) – The government body responsible for regulating and enforcing health and safety in the workplace.

Employment Rights – A useful guide on employment rights from the independent public body, ACAS.

Below, you can find lots of guides on claiming compensation for a workplace accident:

If there’s any more information we’re able to provide, please get in touch and let us know.

Workplace Accident Claims FAQs

Do I get paid if I have an accident at work?

Your employer is not obligated to pay you if you’re injured in an accident at work, though you may be able to claim Statutory Sick Pay (SSP).

By law, employers based in the UK must have insurance to compensate employees if they are injured in the workplace. This insurance should cover:

  • Medical expenses.
  • Compensation for the employee.
  • Salary costs.

You may also be entitled to statutory sick pay as well as other benefits.

Who pays compensation for workplace accident claims?

Victims of workplace injuries sometimes worry about who will pay their compensation. They may worry more when employed by a small business. As set out above, employers have a legal responsibility to have insurance in place. Your employer’s liability insurer should pay any damages and compensation you are owed.

This means that when you make a claim it will be against the insurance policy, not the employer’s funds. Insurance companies may sometimes offer lower initial settlements. These offers may be lower than what a solicitor could secure for you. Your solicitor will negotiate with your employer’s insurance company and come to the best possible settlement.

Thank you for reading our guide to workplace accident claims.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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