By Stephen Hudson. Last Updated 11th June 2024. A chemical burn injury at work can be a frightening experience. The sudden burning of acid or a caustic spillage can be panic-inducing and distressing. If you came into contact with dangerous substances whilst doing your job and were injured due to employer negligence, it’s possible that you may be entitled to a chemical burn at work compensation amount.

Acid burns can cause scarring and, in severe cases, damage skin tissue to the point that it affects joints, muscles and even organs. The health implications of this can be very far-reaching.

Stringent laws in the UK exist to protect your rights in the workplace with chemicals and could enable you to claim damages if an employer failed to protect you properly.

To find out more about how a chemical burn at work compensation claim could help you today, get in touch with our advisors at Legal Expert. Simply call or write to us by:

• Ringing 0800 073 8804
• Emailing or writing to Legal Expert
• Using the ‘live support’ option, bottom right

Select A Section

1. 1. What Is A Chemical Burn At Work Claim?
   2. Types Of Chemical Burn Injuries
   3. Common Causes Of Chemical Burn Injuries
   4. Chemical Spillage Injuries
   5. Unsafe Transportation And Storage Of Hazardous Chemicals
   6. Chemical Burn At Work Compensation Calculator
   7. Compensation For Medical And Other Expenses
   8. No Win No Fee Chemical Burn At Work Compensation Claims
   9. Read More

What Is A Chemical Burn At Work Claim?

Employers owe their staff a duty of care as established under the Health and Safety at Work etc. Act 1974. This legislation means that employers should take reasonable steps to protect their workers from harm while they are in the workplace and performing their work-related duties. This also includes workplaces that handle dangerous chemicals and substances.

You may be eligible to start a chemical burn at work compensation claim against your employer if such an incident occurs and the following applies:

• Your employer owed you a duty of care.
• This breached this duty of care. For example, they failed to provide you with any personal protective equipment (PPE), such as safety goggles and gloves.
• This breach caused you to suffer a chemical burn injury.

How Long Do I Have To Make A Chemical Burn Injury Compensation Claim?

There is usually a three-year time limit for starting a personal injury claim, such as chemical burn at work claims, as established by the Limitation Act 1980.

This time limit can work differently for those who were injured under the age of 18 or who lack the mental capacity to handle their own legal proceedings.

To learn more about these exceptions or for more advice regarding your eligibility to claim compensation for a chemical burn at work, please contact our team of advisors for free today.

Types Of Chemical Burn Injuries

What are the symptoms of a chemical burn? Given the wide breadth of different chemicals used in modern workplaces, a symbol chart can be a simple way to group relevant chemicals in order of toxicity. Furthermore, this system can offer an instant visual aid to:

• Identify the chemical
• Describe how toxic it is
• What treatment needs to be instantly administered in cases of contact

Danger labels seek to instantly explain if the substance process produces a gas, any fumes, dust, vapour or mist when being used or stored. Is it dangerous to inhale or could it harm your skin? How likely is harm in the correct and normal use of this substance? What immediate actions need to be taken if there is contact with skin? Clear and easy to access advice and information is key to the correct prevention of chemical injury.

Despite adequate warnings, when a chemical comes into contact it can:

• Burn the skin; from first (superficial) to third-degree burns (burning tissue and nerve endings). Exposed areas such as fingers, hands and forearms can be most at risk as can eyes, mouths or noses.
• Cause caustic burns on the inside of the lungs if inhaled
• Create organ damage
• Lead to long term health conditions (such as leukaemia)

Common Causes Of Chemical Burn Injuries

Accidents can happen in the best-run factories and workplaces, but a rigid adherence to health and safety procedures can greatly reduce risks. In view of this, employers need to conduct regular risk assessments and work practice reviews to limit dangers before they happen.

Meeting with safety representatives and listening to the concerns of staff could also be an essential way to pre-empt possible accidents. Unfortunately, despite clear recommendations and rules, some common causes of accidents can still be:

• Unsafe storage arrangements
• Poorly labelled chemicals
• Inappropriate handling or transportation
• Failure to check the information that came with the product, such as the safety data sheet
• Inadequate training or lack of supervision
• Failure to be provided with personal protective equipment (PPE) where necessary

As the innocent victim of a chemical burn at work, you may know all too well how needless the accident was. If you have actual evidence to support a claim that your employer failed to owe you a duty of care and you were injured as a result, your chemical burns at work compensation claim could start sooner than you realise. Speak with our advisors for help.

Chemical Spillage Injuries

Certain commonly-used substances are more likely to cause burns in a workplace environment when they spill or fall or leak from containers during use, transportation or storage. Any of the following regularly accessible chemicals could cause chemical burns and may be found in any number of typical workplace environments:

• Ammonia
• Battery acid
• Bleach
• Concrete mix
• Drain or toilet bowl cleaners
• Metal cleaners
• Pool chlorinators

Although less commonly encountered, other hazardous substances can carry even greater risk. A huge array of chemicals can be used in modern manufacturing processes. Each presents its own particular set of hazards. Suffice to say that each one should always carry its own particular warning and be stored or handled according to strict regulation.

Any container or receptacle that is not maintained or fit for purpose runs the risk of allowing that chemical to leak onto surfaces or be breathed in. Furthermore, changing containers or mixing chemicals is strongly advised against unless proper precautions are taken.

Corroded tins or leaking canisters can be a prime concern. Spillages should be attended to promptly, where reasonable, and the correct methods for cleaning up that particular substance should be deployed as per guidance.

Unsafe Transportation And Storage Of Hazardous Chemicals

The transportation, storage and disposal of dangerous spillages is also something that is regulated carefully. The Control of Substances Hazardous to Health Regulations 2002 provides legal guidance for the proper storage and moving of dangerous or toxic substances so that spillages and accidents can be avoided. 

It’s essential that chemicals are never swapped or put into different containers without appropriate precautions taken. This runs the risk of them (depending on the chemical) eroding unsuitable receptacles and also being inaccurately identified during an emergency.

Employers (and employees) have a responsibility to understand the properties of hazardous chemical waste and how to handle or dispose of them correctly. Anyone who produces, transports or receives hazardous chemical waste should treat it in accordance with The Hazardous Waste (England and Wales) Regulations 2005.

Under certain circumstances, any business involved in recycling or waste procedures may have obligations under Registration, Evaluation, Authorisation and Restriction of Chemicals (UK REACH) to ensure chemicals are handled with the observance of safety. Organisations should identify and control the risks of substances that are manufactured and marketed in Great Britain.

Compensation For Medical And Other Expenses

After a serious chemical burn in the workplace, you could be subject to many additional demands on your finances as you try to cope and adapt. Compensation for financial losses caused by an injury is known as special damages.

A few examples might be:

• Experiencing a loss of earnings due to from being unable to work
• Loss of future income if your injuries mean you can no longer work in that role
• Damage to your pension or attendance allowance
• Extra help is needed as you recover at home
• Adaptations to your home or car if you’ve suffered a disability that necessitates them
• Travel costs to hospital or therapy appointments
• Cosmetic surgery costs
• Counselling and therapy costs that aren’t covered by the NHS
• Pain medications and creams
• Forfeited deposits for events you could not attend

A No Win No Fee lawyer can work closely with you and help track and record this lost money both now and in the future. By compiling the actual cost of your injuries with receipts, bills, bank statements and invoices, it’s possible to present an accurate picture of the full impact of the accident. You can then include this in your claim against your employer and potentially recover the costs.

No Win No Fee Chemical Burn At Work Compensation Claims

As you learn to adjust to life after your chemical burn accident, you may be considering claiming. It is not unreasonable to expect that employers should safeguard your safety at work and if a simple and avoidable failure caused all these problems, you could take steps.

When considering your options, you may decide that claiming against your employer is the right course of action, but how? A No Win No Fee legal arrangement can help.

When you work with a lawyer in this way, you enter into an agreement whereby their fees are only payable if your case wins. This means that there are no lawyer fees due upfront to secure their services or while the case progresses. It also means that if the case fails there are no lawyer fees to pay them at all.

No Win No Fee agreements can offer people the opportunity to access legal representation at no immediate cost. Consequently, this means there’s little to stop you from starting a claim for compensation that can help with the expenses the accident caused.

If you suffered chemical burns and it wasn’t your fault, we can help you seek compensation today. A chemical burn at work compensation claim could be possible with the right advice. Get in touch with our advisors today by:

• Calling us on 0800 073 8804
• Contacting us at Legal Expert
• Using our live chat

Our advisors are available 24/7. What’s more, they give free legal advice and you won’t be under any obligation to proceed with the services of our personal injury solicitors. However, if you have a solid claim, our advisors could connect you with them.

Read More

Thank you for reading our guide and we hope that it has provided useful advice on chemical burn at work compensation claims. As well as personal injury guidance on this topic, we can help if you with:

• Post-traumatic stress disorder compensation
• Head to our whiplash compensation calculator
• Psychological injury and trauma
• Motorcycle accident claims
• Rights after an accident at work 

Thank you for reading our guide to chemical burn at work compensation.

By Lewis Cobain. Last Updated 30th June 2025. In this guide, we’ll look at how you could make a dental nerve damage claim for harm caused at the dentist. When you seek medical attention, you’re entitled to receive a minimum standard of care.

This duty of care applies to all areas of medicine, so you’re just as entitled to the right level of care when you go to the dentist as to when you visit A&E. What’s more, it applies whether you’ve sought treatment through the NHS or a private healthcare facility.

A nerve injury in the mouth could cause a great deal of pain and suffering. In addition to this, it might cause you to lose out financially. For example, you might have to take time off work as you recover, resulting in you not being paid.

You could be refunded these amounts as damages in a successful claim against the dental practice that injured you. To find out more and start your compensation journey, can call our advisors now on 0800 073 8804 or get in touch online at Legal Expert for free legal advice. Alternatively, you could use the ‘live support’ option bottom right to this screen.

Select A Section

• What Is Dental Nerve Damage?
• Dental Nerve Damage Symptoms
• Can Dental Procedures Cause Nerve Damage?
• Was Negligence To Blame For Your Dental Nerve Damage?
• Dentists Duty Of Care
• Your Rights As A Patient
• Dental Negligence Compensation – How Much You May Be Owed
• What Else Could You Claim For Dental Nerve Damage?
• What Are The Most Common Reasons For Claiming Compensation From Dentists?
• No Win No Fee Dental Nerve Damage Claims
• Talk To Us
• Further Dental Claims Resources
• Frequently Asked Questions

What Is Dental Nerve Damage?

When dental nerve damage goes wrong, the results can be extremely painful. There are a number of different nerves in the mouth that could be damaged, according to the NHS. These include:

• The inferior alveolar nerve. This nerve gives a feeling to the teeth, lower lips and chin. It runs along the lower jaw.
• The lingual nerve. This nerve runs near the inside of the lower jaw. It supplies sensation to half of the tongue.
• The buccal nerve. This nerve can be found near the back teeth and gives feeling to the inside of the cheek.
• The infra-orbital nerve. This nerve can be found in the upper jaw. It gives feeling to the upper lip, part of the cheek and nose.

There are also nerves inside the teeth. If a tooth gets cracked or broken, the nerve can become exposed. This makes it very sensitive to hot or cold, but also to air. The resultant pain can be constant and daily.

Dental Nerve Damage Symptoms

If you’ve experienced dental nerve damage, there are a number of symptoms you might experience. You might experience pain as a result, and in some cases can experience numbness. This numbness can be complete, but it can also be partial.

You might also experience paraesthesia, which is a tingling or “pins and needles” sensation. This could be apparent in your cheek or lower jaw.

In addition to this, you could experience trigeminal neuralgia. This is where the trigeminal nerve (which supplies sensation to the face) is compressed. It causes sharp, shooting facial pains. 

For more information on whether your injuries entitle you to make a dental nerve damage claim, speak to one of our advisors. If your claim is valid, you could be connected with a No Win No Fee solicitor to work on your claim.

Can Dental Procedures Cause Nerve Damage?

There are several aspects of a dental procedure that can result in nerve damage:

• Anaesthesia injections
• Tooth replacement or crowns
• Tooth extraction (such as wisdom teeth removal)

When you seek medical attention for any of the above, there’s a chance that you could experience a dental nerve injury. However, you should be informed of this risk, and your dentist should act in a way that ensures the right level of care is administered.

If they fail to do so, and you’re injured as a result, you may be able to claim. Speak with one of our advisors today for more information on making a dental nerve damage claim for harm caused by dental negligence.

Was Negligence To Blame For Your Dental Nerve Damage?

Below, we’ve looked at how dental negligence could cause nerve damage in a number of different procedures.

To determine whether or not a dentist was negligent, the Bolam Test will usually be performed. This is where a panel of the medical professional’s peers are asked whether or not the care was of an acceptable level. If they confirm that it was not, then the dentist would be considered negligent.

Dental Nerve Injuries In Root Canal Surgery

Root canal treatments can be used to save a decayed or infected tooth. The dentist will remove the nerve and pulp from the tooth before sealing it. This can cause nerve damage.

Dental Nerve Injuries Caused By Tooth Extraction

Nerve injuries can occur as a result of a tooth extraction that was not performed negligently. However, your dentist will have had to tell you about the risks of this. Furthermore, your dentist might have acted negligently if they did not consider the position of the nerves in the surrounding area before beginning the procedure.

Dental Nerve Injuries Caused By Tooth Implants

Tooth implants can be drilled into the jaw bone to replace teeth that have been lost. Nerve injury can occur if the dentist drills too far into the bone or if the implant is too long, causing it to press on the relevant nerve.

The list above is not exhaustive. If your dentist has caused nerve damage to you in a way we have not mentioned above, you may be able to claim. Speak to an advisor today for more information about your eligibility to make a dental nerve damage claim.

Dentist’s Duty Of Care

Dentists have a duty of care to provide a minimum standard of care. This is a legal requirement that they share with all other areas of medicine.

When you’re under the care of a dentist, you should expect that they’ll act in a way that avoids you coming to unnecessary harm. You also need to be fully informed of the treatment you’re undergoing.

It’s important to note that not every instance of nerve damage resulting from dental surgery will be an example of negligence. In some cases, the dentist treating you might be delivering the correct standard of care, but an injury occurs despite this. If this is the case, you would not be able to claim.

However, if you feel that the right level of care was not delivered and you were injured as a result, you may be able to make a dental nerve damage claim. Speak with an advisor from our team today to find out more.

Your Rights As A Patient

As a dental patient, you have certain rights. These are outlined by the General Dental Council. For example, you should know the following before you undergo a dental procedure:

• Whether the treatment is provided by the NHS
• What the treatment will cost
• What the treatment involves
• Whether there’s an alternative treatment option

You should also feel like you’ve been given enough information to make an informed decision about the treatment you’re undergoing. In the event that your dental procedure involves an appliance, the statement of manufacture should be offered to you.

If your dentist has breached the duty of care that they owe you, and you’ve been harmed as a result, you may be able to claim. Call our team of advisors today for a free, no-obligation assessment of your claim’s value.

Dental Negligence Compensation – How Much You May Be Owed

There are two heads of claim that are typically awarded in dental nerve damage claims. Firstly, general damages compensate you for the pain and suffering caused by medical negligence. Additionally, if your injury has caused you to endure a loss of amenity, which is a loss of enjoyment, this can be included in your dental negligence award settlement.

The Judicial College Guidelines (JCG) is used by legal professionals to help value the general damages portion of dental negligence compensation settlements.

Previously updated in April 2022, the JCG features guideline award brackets for various types of harm, including both physical and psychological harm. We have taken some figures from the JCG to create the table below. However, please only use the figures below as guidance.

If you have any questions about the compensation you could receive, please get in touch using the details provided above.

What Else Could You Claim For Dental Nerve Damage?

In addition to the general damages that can be calculated to address your health impacts, other expenses can be included under a part of your claim called special damages. For example, you may:

• Take time off work and experience a loss of earnings because of ill health or the need to recover
• Have to travel to and from medical appointments
• Need to pay for treatment or medication that you cannot get on the NHS.

If this is the case, the costs or losses you have experienced could be included in your claim. However, you should provide evidence of these costs in order for them to be included in your claim.

For more information on the things that can be covered under a special damages claim, get in touch with an advisor today. They could go through the repercussions your injury has had on you and accurately assess the value of your claim.

What Are The Most Common Reasons For Claiming Compensation From Dentists?

The most common cause of dental negligence claims was failed or delayed treatment. 107 claims were made against the NHS between 2019-2020 and 2023-2024 where this was listed as the primary cause. This statistic was provided by the NHS Resolution panel, which is the body responsible for handling medical negligence claims made against the NHS. 

Other common causes include:

• Inappropriate treatment (38 claims)
• Failure to warn/gain informed consent (31 claims)
• Intra-operative problems/issues during surgery (22 claims)
• Operator errors (21 claims)
• Wrong-site surgery (17 claims)
• Failed or delayed diagnosis (17 claims)
• Equipment malfunctions (9 claims)
• Tooth injections and patient positioning problems (6 claims)
• Delay in performing an operation (5 claims)
• Failure to interpret X-ray (5 claims)

You may also wish to know that there were 33 claims made during this period in relation to nerve damage dental negligence. We have not listed all the possible causes, so you do not need to worry if your situation was not included. 

Why not reach out to our advisory team today to discuss your experience and find out whether you can make a claim for compensation? They can also outline key information you need to know about making a dental nerve damage claim and how one of our solicitors could help you.

No Win No Fee Dental Nerve Damage Claims

Whilst you do not legally need the services of a lawyer when making a dental nerve damage claim, it makes much more sense to work with a professional who has the expertise to help you get more money from your claim. Their guidance could also help the claims process run much more smoothly.

Traditional methods of hiring a solicitor can mean paying an amount each month on account or by the hour. No Win No Fee agreements with lawyers differ in that they do not ask for any payment at all upfront or while the claim is ongoing.

If the case fails, there is nothing to pay at all. Under a No Win No Fee agreement, you’ll only pay a small amount to your solicitor if your claim is successful. This is referred to as a “success fee”.

If you’d like to know more about No Win No Fee agreements or to find out if you could be represented on this basis, call us today. If your claim is valid, you could be connected with a No Win No Fee lawyer from our panel.

Talk To Us

Thank you for reading this guide. We hope that it has helped to clarify how you can move forward with a claim for dental nerve damage. If you have any questions about starting your claim, please feel free to get in touch. Our team are happy to help. You can:

• Call us on 0800 073 8804
• Email or write to us at Legal Expert
• Use the ‘live support’ option below

Further Dental Claims Resources

Below, we’ve included some additional resources that we hope you find useful:

Dental abscess claims 

10 things to know about medical negligence claims 

Frequently asked questions about dental negligence claims

NHS- Find a dentist 

9 principles of the General Dental Council

Trigeminal Neuralgua- NHS 

Frequently Asked Questions

Below are some frequently asked questions around this subject. Please feel free to get in touch if we can offer any guidance in addition to these points:

What does dental nerve damage feel like?

Dental nerve damage can cause pain. However, it can also result in a loss of feeling or a tingling sensation.

How do you fix the nerve damage in your mouth?

Some nerve damage gets better on its own. However, if your condition doesn’t improve, you may need surgery.

Can a dentist cause permanent nerve damage?

Yes. This can happen as a result of dental treatment that is performed correctly. However, it could also happen as a result of negligence. If you suspect the latter, speak with us today to find out whether you could make a dental nerve damage claim.

Written by Waters

Edited by Stocks

Last Updated 2nd June 2025. If your employer failed to uphold their duty of care, and this resulted in you suffering a finger injury at work, you may be wondering if you could make a claim. In this guide, we will discuss the criteria for making an accident at work claim, what a duty of care is, and how a breach of this duty could cause an injury in the workplace.

Following this, we discuss what to do when you cut your finger, and the kinds of evidence that you could collect to help strengthen your claim. We’ll also discuss the different kinds of compensation that you could pursue in a personal injury claim, and how solicitors and other legal professionals value these different areas.

Finally, our guide will explore the benefits of working with a No Win No Fee solicitor on your personal injury claim. Our solicitors have years of experience in handling personal injury claims and could use this experience to help you through the process.

Read on to learn more, or contact our team of friendly advisors to get started if you’ve suffered a laceration or cut on your finger:

• Call on 0800 073 8804
• Contact us online
• Use the live chat feature

Select A Section

1. 1. Could I Claim Compensation For A Finger Injury At Work?
   2. What Is A Cut Finger At Work Compensation Claim?
   3. Employers’ Liability For Cut Finger At Work Compensation Claims
   4. Accidents At Work Compensation Examples UK – Finger Injury
   5. What Other Compensation Could I Receive?
   6. Do I Need Evidence To Support My Cut Finger At Work Compensation Claim?
   7. Finger Injury At Work – Claim With A No Win No Fee Solicitor
   8. Start Your Claim
   9. Learn More
   10. Cut Finger At Work FAQs

Could I Claim Compensation For A Finger Injury At Work?

Under the Health and Safety at Work etc. Act 1974 (HASAWA), employers owe their employees a duty of care. This means that they have a legal responsibility to take all reasonably practicable steps to keep their employees safe while working.

In order to make a claim for a finger injury at work, you must be able to prove that your injuries were caused as a result of your employer breaching their duty of care. This is also known as negligence.

Another important part of claiming is ensuring that you are within the relevant time limit. According to the Limitation Act 1980, the time limit for beginning a personal injury claim is three years from the date of the accident. However, there are some exceptions to this.

To learn more about the exceptions to this time limit, or to find out if you are eligible to make a finger injury claim, contact our team today.

What Is A Cut Finger At Work Compensation Claim?

When discussing cut finger at work compensation claims, a solicitor will check the following before agreeing to work on the case:

• Were you owed a duty of care?; and
• Did your employer breach this duty of care, causing an accident?; and
• Were you injured as a result of that accident?

If you are able to answer ‘yes’ to all three questions, a solicitor may agree to represent you. You could make a compensation claim. You can contact our advisors anytime to discuss this in more detail with them.

Types Of Cut Finger Accidents At Work

Below we have provided a few examples of accidents where cut finger at work compensation could be claimed. We cannot cover every accident here, so to find out more about claiming in your particular circumstances, get in touch with our advisory team today.

Examples can include:

• A missing safety guard resulted in your getting your finger caught in a machine. You experienced a bad laceration in the accident.
• Maintenance work on a table saw had been ignored by the employer. The blade came loose while you were using the saw and cut your finger.
• You experienced a cut finger after using a power tool due a lack of proper safety instruction from your employer.

To find out more about making an accident at work claim after your finger was cut, or to get a free assessment of your eligibility, contact our advisors today using the number given below.

Employers’ Liability For Cut Finger At Work Compensation Claims

So, if you have cut your finger at work, how do you know if the injury was the result of employer negligence? Well, you could have the grounds to claim if the accident happened because of:

• A lack of safety training.
• Inadequate personal protective equipment that was necessary for the task.
• Faulty equipment the employer was aware of and failed to replace.
• Machinery that wasn’t maintained properly.
• Tiredness because you weren’t allowed enough rest breaks.
• Risk assessments were not carried out by your employer.

If you suspect that any of the above, or another form of negligence, caused your accident, we could help you claim.

Something to bear in mind is that you are not allowed to be disciplined, sacked or treated differently for making a compensation claim against an employer. If that were to happen, you could make a constructive or unfair dismissal claim as well as a personal injury claim.

Something else that some people worry about is the fact that claiming will affect their employer’s profits. Usually, that’s not the case as claims are generally made against the employer’s liability insurance policy rather than your employer directly.

Accidents At Work Compensation Examples UK – Finger Injury

If you are interested in finding out about accidents at work compensation examples for the UK, the table below shows bracketed finger injury settlements for England and Wales claims. For example, you can find finger amputation and loss of finger compensation ranges.

These amounts are taken from the Judicial College Guidelines (JCG).  Therefore, please only use the figures as guidance only. It is also important to note that the top figure was not taken from the JCG.

The final settlement you are awarded will also be influenced by any special damages you might claim for, which we’ll discuss in further detail in the next section.

Compensation Table

What Other Compensation Could I Receive?

There is another part of a workplace injury claim that can be very important. It is called a special damages claim. The purpose of this element is to recover any costs, expenses or monetary losses caused by your injuries. The idea is to put you back in the financial position you were in prior to the accident.

Each claim is different so we can’t say exactly how much you might be paid but your claim could include:

• Lost income. It is important to look at whether your injury has resulted in any lost earnings. If it has, you could add them to the value of your claim.
• Future lost income. Where your injuries impact negatively on your ability to earn in the future, you could claim back any future lost earnings. For example, you might claim this if you’re an electrician who can’t continue working because you’ve lost your index finger.
• Care costs. If you need support with daily activities because of your injuries, any associated costs could be claimed back. For example, you could claim for the cost of a professional carer or for the time a loved one or friend spent looking after you.
• Medical expenses. On some occasions, the NHS might not be able to provide you with full treatment. You may need to pay for some private care. Therefore, if that’s the case, you could ask for the medical fees to be paid by your employer’s insurer.
• Travel costs. You could also include fuel, parking or public transport costs linked to your injuries. This might be something you have to pay for if you need to make trips to the hospital for instance.
• Devices to help with disabilities. If coping with your injuries is made easier by making changes or purchasing aids, the costs of doing so might be included in your claim.

Do I Need Evidence To Support My Cut Finger At Work Compensation Claim?

If you want to claim cut finger at work compensation, you must obtain evidence to prove how your employer was liable for your injury. 

Gathering evidence that illustrates how your employer caused your cut finger will support your claim. Therefore, the more evidence you are able to obtain, the more likely your claim will be successful. 

Some examples of evidence that is useful for you to collect include:

• Copies of your medical records that state the injuries you sustained 
• Photographs of your cut finger, the accident scene or protective equipment 
• A copy of the workplace accident report book the incident was reported in
• Copies of any workplace health and safety reports 
• Copies of CCTV footage from your workplace of the accident 
• Any documents of your employment 
• Contact details of anyone who witnessed the accident 

Obtaining evidence can be a simple task. However, if you are still suffering from your injuries or need some support in how you can find it, our solicitors may help you with this. 

Once all of the evidence has been collected, our solicitors can use their legal skills to review it and help you claim for a cut finger at work.

If you have any questions or would like to speak to our advisors about what evidence may support your claim, please do not hesitate to contact them at your earliest convenience.

Finger Injury At Work – Claim With A No Win No Fee Solicitor

After suffering a finger injury at work, you might be interested in working with a personal injury solicitor on a No Win No Fee basis. Generally, under such an arrangement, you aren’t expected to pay your solicitor a fee upfront.

Additional benefits of working with No Win No Fee solicitors after a cut finger injury include:

• Any fees that are accrued during the claims process are covered by the agreement
• A legally capped success fee is taken directly from your compensation following a successful claim
• If your claim for cut fingers is unsuccessful, you don’t have to pay your solicitor

If you’ve cut your finger off at work and you’re interested in working with solicitors on this basis, get in touch and we could connect you. We’ll discuss how you can contact us in the next section.

Start Your Claim

We appreciate the time you’ve taken to read our guide on claiming cut finger at work compensation. We hope it has made it easier to understand whether you have the grounds to claim. If you do wish to proceed and would like our help, why not?:

• Call our friendly advisors on 0800 073 8804 to contact us and discuss your case.
• Ask for free legal advice about claiming via our live chat.

To allow you to call when it’s convenient, our advisors are available 7 days a week, 24 hours a day. If you call to discuss a personal injury claim, you’ll get free legal advice and your claim will be reviewed on a no-obligation basis. Should your claim be strong enough, we could connect you with one of our No Win No Fee solicitors.

Learn More

As we have almost reached the final section of our guide on accident at work claims relating to cut fingers, we have added a few articles here which could help you further.

Finger Pain – NHS information on what to do if you’re suffering from finger pain.

Hand Pain – A similar article that shows you what treatment might be needed for hand injuries.

Knives At Work – Information from the Health and Safety Executive on workplace knife safety.

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

• How to claim for a minor injury at work
• Firefighter accident at work claims
• Agency worker accident at work claims
• Night shift accidents
• Part-time worker accidents

Cut Finger At Work FAQs

In this section, we have provided answers to some common questions that might help if you go on to claim cut finger at work compensation.

What do you do if you cut your finger at work?

If you are injured at work and cut your finger, you should have the injury treated. Initially, this may involve first aid but you should also have the wound assessed by a medical professional.

Additionally, you should inform your manager about the incident too. By doing so, an accident report will be logged which could help if you decide to make a personal injury claim. It could also be used by your employer to reduce the risk to other staff in the future.

What precautions should employers take?

In accordance with the Health and Safety at Work etc. Act 1974, employers should conduct risk assessments in the workplace. Where any dangers are spotted, they should be reduced or removed.

For example, if working with mechanical saws, safety guards should be fitted. Similarly, if working with knives, suitable storage vessels should be available to prevent injury when the knife is not in use.

How do I seek medical help?

If you cut your finger at work or sustained other injuries, you may be able to rely on first aid. However, in other instances, you should have your injuries assessed and treated at A&E, a doctor’s surgery or a minor injuries unit. By doing so, your injury will be checked for foreign bodies like glass or bone fragments and treated accordingly.

Will I get sick pay?

Most employees are entitled to Statutory Sick Pay (SSP) if taking time off work because of injury or illness. However, some employers will cover your full salary whilst you are off work. This may be limited to a certain number of weeks. Therefore, you should check your employment contract to see what level of pay you’re entitled to.

If there is any difference in your income when you’re off injured, you could add the value to your personal injury claim.

We hope this guide on claiming cut off finger at work compensation has proven useful for you. If you are looking for further information on this topic or other kinds of accident at work claims, then please call our advisors for free legal advice.

Written by Hambridge

Edited by Victorine

Employers that put machinery in their workplaces must ensure it is safe to use. This can involve checking that it complies with the rules of the Supply of Machinery (Safety) Regulations 2008. If it doesn’t, and this results in a worker being injured, they could be liable for compensation.

What Are The Supply of Machinery (Safety) Regulations 2008?

In this guide, we’re going to look at what the regulations are and when you could have the grounds to start a claim. We’ll also look at what sorts of injuries could be caused by unsafe work equipment and how much compensation might be paid.

If you have been injured at work, Legal Expert could help you to make a personal injury claim. To start with, our advisors can review your claim and offer free legal advice regarding your options.

Where the claim appears to be viable, they could also connect you with our solicitors. If they agree to work with you, they’ll provide their services on a No Win No Fee basis.

If you wish to proceed with a claim, why not call us today on 0800 073 8804? Alternatively, you will find out more about claims relating to dangerous, faulty or unsafe machinery at work if you continue reading.

Select A Section

1. A Guide To The Supply of Machinery (Safety) Regulations 2008
2. What Are The Supply of Machinery (Safety) Regulations 2008?
3. When Do The Supply of Machinery (Safety) Regulations 2008 Apply?
4. What Do Manufacturers Have To Do Under These Regulations?
5. Does The Supply of Machinery (Safety) Regulations 2008 Cover Refurbished Or Second Hand Equipment?
6. What Accidents Could Be Caused By Unsafe Machinery?
7. What Injuries Could Be Caused By Unsafe Machinery?
8. Workplace Machinery Accident Compensation Calculator
9. Workplace Injury Claim Special Damages
10. No Win No Fee Workplace Machinery Accident Claims
11. Start Your Workplace Machinery Injury Claim
12. Workplace Machinery Accident Claim Resources
13. Manufacturing Injury Statistics
14. FAQs

A Guide To The Supply of Machinery (Safety) Regulations 2008

In this guide, we are going to look at what the Supply of Machinery (Safety) Regulations 2008 are and how they apply in the workplace. We’ll also consider what types of accidents can be caused by dangerous machinery and the types of injuries that could be sustained.

If you are considering starting a claim, you’ll need to do so (generally) within the 3-year time limit. This period will most likely begin from the date you were injured. However, it could start later if you didn’t immediately find out about your injuries.

There are also exceptions to this time limit. Get in touch if you’d like to ensure you still have time to claim.

Personal Injury Claims Evidence

To help prove what caused your injuries and how bad they were, you’ll need some evidence. To make this easier to obtain, you could follow the steps below if you’re injured in an accident at work:

• Report it. This will mean you can ask for a copy of the accident report to help prove the time, date and location of the accident.
• Get treatment. As well as having your injuries assessed and treated by a medical professional, a trip to the hospital or minor injuries unit will mean your medical records could help to prove the severity of your injuries.
• Ask for CCTV footage. Where your workplace uses security cameras, you could be within your rights to ask for recordings of your incident.
• Photograph the machine. To show how the machine caused your injuries, it would be a good idea to photograph any defects or video them on your phone.
• Get contact details of witnesses. Where possible, ask for the contact details of any witnesses. Your solicitor might contact them if liability for the accident is denied.

Once you have all of the evidence you need, please feel free to call us if you’d like to discuss starting an accident at work claim.

What Are The Supply of Machinery (Safety) Regulations 2008?

The Supply of Machinery (Safety) Regulations 2008 set out detailed requirements that suppliers and manufacturers of workplace machinery must adhere to for all new equipment that’s put into use after 1995.

Additionally, the Health and Safety at Work etc. Act 1974 (Section 6) means that manufacturers should design and build equipment that is safe to use. Therefore, all suppliers of any such equipment must ensure any equipment, new or second-hand, conforms.

What’s more, your employer has a duty of care to take reasonable steps to ensure your safety. Therefore, they should take measures to check that machinery is safe to use before they make you use it.

To be eligible to claim compensation in a personal injury claim relating to employer negligence, you’ll need to show that:

• Your employer owed you a duty of care; and
• That duty of care was breached and resulted in an accident; and
• You were injured because of the accident.

To help prove these things, you could follow the steps outlined in the previous section.

Something that’s important to point out is that your employer cannot discipline you for making an honest claim against them. What’s more, they cannot sack you, demote you or treat you any differently because of it. If they do take action against you, there may be grounds for a constructive or unfair dismissal claim as well. Therefore, don’t feel afraid of claiming the compensation you might be due.

When Do The Supply of Machinery (Safety) Regulations 2008 Apply?

The rules of this legislation apply to certain machinery that is made for sale in Great Britain. Machinery covered by the regulations includes:

• Any type of machinery that is powered (other than equipment powered by manual effort).
• Components, add-ons or modules that can only be used with machinery.
• Additional safety components even if they are supplied or sold separately.
• Lifting accessories and equipment.
• Ropes, chains and webbing.

There aren’t many exceptions to these rules. However, some low-voltage equipment and specialist equipment used in the mining and nuclear sectors does not need to comply. To check whether you are able to claim for a machine-based injured, please call today.

What Do Manufacturers Have To Do Under These Regulations?

The rules of the Supply of Machinery (Safety) Regulations 2008 mean that manufacturers must:

• Test all machinery thoroughly to ensure it meets health and safety requirements.
• Produce a technical file about the machinery.
• Issue a Declaration of Conformity document.
• Fix a CE mark to the equipment to prove that it complies with all legal requirements.
• In certain cases, the machinery will need to be checked by a control body where relevant.

In addition to the manufacturer having a responsibility to conform with the regulations, employers must make checks as well. This means that if they were to purchase machinery that they didn’t check was compliant, you could have the grounds to claim against them if the use of that non-compliant equipment caused you to become injured.

We are happy to check if you have a viable claim. Why not call today and let one of our advisors review your case? We could connect you with one of our No Win No Fee solicitors if your case is suitable.

Does The Supply of Machinery (Safety) Regulations 2008 Cover Refurbished Or Second Hand Equipment?

Where there’s no need to update it, some machinery can be used in workplaces for years. As you can imagine, if a process has never changed and improvements from new technology won’t make it any more efficient, why would a business spend money to replace working equipment?

In these cases, the Supply of Machinery (Safety) Regulations 2008 won’t apply if the machine was put into use before 1995. However, if the piece of equipment has been modified substantially, the rules could apply.

It is important to understand that even if old or second-hand equipment isn’t covered by machine safety regulations, you could still claim compensation. That’s because employers owe staff a duty of care under the Health and Safety at Work etc. Act 1974.

Therefore, you could still be entitled to claim if your employer’s negligence led to an injury caused by an old piece of machinery. Examples of the types of negligence that could result in a claim include:

• If the machine wasn’t properly maintained (for example, in accordance with the manufacturer’s guidelines).
• Where safety features were removed or damaged.
• If you weren’t trained on how to use the machine safely but asked to use it regardless.

Please call today if you’d like us to check if you have a suitable claim.

What Accidents Could Be Caused By Unsafe Machinery?

As we have explained, machine safety is important when trying to reduce the risk of injury in the workplace. But what sorts of accidents can result from faulty, damaged or unsafe machinery? Well, some examples include:

• Burns or scalds including those caused by friction or exposure to steam or hot water.
• Being trapped or pulled in by belts, rollers or pulleys.
• Where a limb is crushed because of a missing safety guard.
• Being struck by objects ejected from the machine.
• Being struck by moving parts.

Importantly, claims may be possible if you can show how your employer’s negligence caused the accident to happen. For example, if you can show that a safety guard had been removed or your employer was aware of an existing fault, you could be eligible to start a claim.

Furthermore, you could claim if the machine did not meet the requirements of the Supply of Machinery (Safety) Regulations 2008.

For a free check on you whether you could make a claim, why not get in touch today?

What Injuries Could Be Caused By Unsafe Machinery?

You could claim for an injury caused by machinery in the workplace if your employer failed to take reasonable steps to ensure it was safe to use. Some examples of the types of injuries that could be sustained and lead to a claim include:

• Fractured bones
• Severed limbs
• Cuts, lacerations and bruising
• Burns and scalds

As well as these physical injuries, it’s important to point out that you could claim for psychological injuries too. For example, if the accident causes anxiety, distress or depression, your symptoms could be considered in your claim. Similarly, in some circumstances, it might be necessary to claim for the effects of Post-Traumatic Stress Disorder (PTSD).

Workplace Machinery Accident Compensation Calculator

Let’s now review how much compensation could be paid for an injury at work caused by unsafe machinery. To help with this, we’ve added a compensation table, below, containing figures from the Judicial College Guidelines. Their guidelines are used by courts, insurers and personal injury lawyer’s to help settle claims.

Don’t worry if we’ve not included your injury in the compensation table above. Your compensation estimate will be explained once we’ve reviewed your claim if you call. Our advisors take your all factors into account to give you a free estimate of what you could claim.

It is important to establish the severity of your injuries and to prove that they were caused or exacerbated by the accident. Therefore, as part of your claim, you will need a medical assessment. Our solicitors can arrange this locally to prevent the need for excessive travel.

During your appointment with an independent medical expert, your medical notes will be reviewed, your injuries will be examined and you’ll explain any problems your injuries have caused.

Once completed, the medical expert will produce a report explaining your prognosis and providing a list of your injuries. Your solicitor can use this report to help them when valuing your injuries.

Workplace Injury Claim Special Damages

When claiming for an accident at work, compensation for your injuries is possible, as explained in the last section. However, it is very important to think about any financial implications caused by your injuries too.

If you do sustain any costs, monetary losses or expenses because of your injuries, they could be added to the value of your claim. This is referred to as a special damages claim. It could include:

• Care costs. These could be claimed if you require support during your recovery with daily tasks. They can be used to cover a professional carer’s fees. Alternatively, you could claim an hourly rate for the time a loved one spent supporting you.
• Medical expenses. If the NHS can’t cover rehabilitation treatment, it might be better for you to seek private treatment. Therefore, you may be able to claim for any costs incurred.
• Home modifications. Should you be left with a disability following your accident, you might need to change your home to make things a little easier. If that’s the case, the cost of the modifications could be claimed back.
• Lost income. You might receive a reduced income if you only receive Statutory Sick Pay or no pay at all. Therefore, you could claim back any reduction in your normal salary.
• Future lost income. Also, you may be able to claim if your injuries will reduce your ability to work in the future. In these cases, your age, salary and job prospects will be considered.
• Travel costs. Finally, if you incur fuel costs, parking fees or public transport fees linked to medical appointments, these costs could be added to your claim too.

No Win No Fee Workplace Machinery Accident Claims

What’s your biggest concern about taking legal action? For many, it is the fear of losing money on upfront or ongoing solicitor fees. If you work with Legal Expert, that’s not something you’ll need to think about. That’s because our solicitors work on a No Win No Fee basis for every claim they accept.

Before your claim is taken on, it will be reviewed by one of our solicitors. If they agree to represent you, they’ll send you a Conditional Fee Agreement (CFA). (This is another term for a No Win No Fee agreement.)

This is an agreement between you and the solicitor. It makes it clear what your solicitor needs to achieve before you need to pay them. Essentially, where a claim doesn’t work out in your favour, you won’t have to pay your solicitor’s fees.

If the claim is won, though, you’ll pay them a success fee. You’ll find details of the fee in the CFA. It is a small percentage of any compensation you receive, and it’s capped by law. That means you don’t need to worry about being overcharged.

To check if you could be represented by a No Win No Fee solicitor, why not call us today?

Start Your Workplace Machinery Injury Claim

We hope that you now understand how the Supply of Machinery (Safety) Regulations 2008 work. If you are now thinking of starting a claim, we could help. To find out more, you can:

• Call our advisors to discuss your options on 0800 073 8804.
• Use live chat day or night to discuss your claim online.
• Ask for a callback by completing our online claims form.
• Email us with an outline of your claim to [email protected].

Our advisors are available 24/7 so you can call at a convenient time. You won’t be under any obligation to make a claim, but we could connect you with a No Win No Fee solicitor if your claim appears strong enough.

Workplace Machinery Accident Claim Resources

We have almost completed our guide on machine safety in the workplace regulations. Therefore, we’ll use this section to supply some additional resources that might help.

Manufacturing Sector Safety – Advice and regulations relating to safety for companies in the manufacturing sector.

Machinery Designated Standards – Includes a list of rules that apply to different pieces of equipment that are covered because of the Supply of Machinery (Safety) Regulations 2008.

Amputation Guidance – Advice from the NHS on when amputation is needed and information on rehabilitation.

Accident At Work Claims – Details about when you could claim compensation following an injury at work.

Psychological Injuries – This article explains when you could claim for any mental harm sustained because of your accident.

Death Compensation – Advice on claiming if a loved one is killed as a result of an accident caused by somebody else’s negligence.

Manufacturing Injury Statistics

To give some idea of what injuries are sustained in the manufacturing industry, we are going to look at some Health and Safety Executive (HSE) statistics. (The HSE is an authority that gives guidance to employers on how to ensure their working environment is safe. )

As you can see from the graph above, 15% of accidents to employees (as reported by employers between 2015/16 and 2019/20) were falls from height. This relates to the manufacturing industry in Great Britain alone.

As well as the statistics about some of the most common accidents listed in the graph above, the report shows that there were 15 employee fatalities in 2019/20. Of these, 14% were caused by contact with moving machinery.

If you have been injured at work because of equipment that didn’t comply with the Supply of Machinery (Safety) Regulations 2008 that your employer required you to use, please call our advisors to learn more about your options.

FAQs

In this section, you’ll find some answers to frequently asked questions relating to machine safety in the workplace.

What are some safety principles when working with machinery?

There are several rules that could reduce the risk of injury when using machinery in the workplace. For example, staff shouldn’t talk to others who are using the machine, remove any safety features like guards, wear loose clothing, allow long hair near parts of the machine or use machines that have been marked as dangerous due to a fault.

Why is machine safety important?

Employers have a duty of care to protect the welfare and wellbeing of staff whilst at work. Therefore, it is important that any machine is deemed safe before it is used. By checking that the machine works as expected, the risk of injuries can be greatly reduced. Proper maintenance is also important as is training staff on how to use the machine safely.

What are the hazards of working around machinery?

Machinery usually involves lots of moving parts. These pose some of the most common dangers of working with machinery. Namely, employees risk injuries caused by cutting, abrasion, friction, stabbing, shearing, entanglement, crushing, trapping and impact.

What are machine safety precautions?

If an employer purchases or hires new equipment, they should ensure it complies with the Supply of Machinery (Safety) Regulations 2008. To do so, they should check the machine has a CE mark. Also, they need to check for a Declaration of Conformity.

Thanks for reading this guide that explains the Supply of Machinery (Safety) Regulations 2008.

Written by Hambridge

Edited by Victorine

Medical negligence after a delay in treatment is quite a broad category and can result in multiple different cases. So, this guide examines how treatment delays can cause avoidable harm to patients, and when you could be eligible to seek compensation.

Other important areas covered are how compensation is calculated, what evidence you can use to support a potential medical negligence claim and when legal proceedings could be started on behalf of others.

Our final section looks at how our expert solicitors can offer eligible claimants a distinct No Win No Fee contract with some highly desirable benefits. 

You can reach the Legal Expert team using the contact information given here. A member of the team can discuss eligibility with you as well as look at how much compensation you could potentially claim:

• Call us on 0800 073 8804.
• You can also contact us online.
• Finally, we operate a live chat service that you can access on all of our pages. 

Browse This Page

1. Can I Claim For Medical Negligence After A Delay In Treatment?
2. What Compensation Could I Get For A Delayed Treatment Claim?
3. Will Compensation Help Me To Claim Back The Cost Of Subsequent Treatment?
4. How Can Delayed Treatment Be A Result Of Medical Negligence?
5. What Is The Longest Amount Of Time I Should Be Waiting For Treatment?
6. How Can I Start A Delayed Treatment Compensation Claim?
7. No Win No Fee Treatment Delay Claims With Legal Expert
8. More Information

Can I Claim For Medical Negligence After A Delay In Treatment?

You can claim for medical negligence after a delay in treatment if you can show that the delay was due to a failure to meet expected standards, and this caused you avoidable harm. All medical professionals, regardless of specialism, experience level or where they practice, have a duty of care to provide their patients with the correct standard of medical care. This is the duty of care that medical professionals owe to their patients. 

A duty of care is a legal responsibility for another’s safety or well-being, and timely treatment can be key to ensuring that safety. We have summarised the eligibility criteria here:

1. You were owed a duty of care by a medical professional.
2. This duty was breached when your treatment was delayed.
3. The delay caused you to suffer avoidable harm.

Avoidable harm means any harm you experienced that would not have occurred had the expected standards of care been provided; we’ll look at some examples further down. Remember, our advisory team is available 24 hours a day to take your call and assess your potential claim for free. 

Can I Claim For Delayed Treatment Against The NHS?

You certainly can claim for delayed treatment against the NHS. Many of us have reservations about making a claim against the NHS due to concerns about the impact on healthcare services. While understandable, these concerns are unfounded. 

NHS Resolution, the division of the NHS that deals with compensation claims, has various compensation schemes that are independent of the budgets for healthcare services. NHS Resolution has published this advice for claimants to assist people in making a claim. Our advisors can also provide further advice on how to claim against the NHS following substandard treatment. 

As for private practitioners, they will have their own complaints procedure and methods for dealing with medical negligence claims. Once again, seeking proper legal advice is key to ensuring your claim has the best chance of success. 

Claiming On Behalf Of A Loved One Who Experienced A Treatment Delay

Claiming on behalf of a loved one who experienced a treatment delay is only possible where that individual is unable to claim for themselves. Generally, there is a 3 year time limit to claim as set out by the Limitation Act 1980. There are, however, exceptions where someone else may need to start any legal proceedings. These are:

• Children: patients under 18 will have the time limit paused until they reach adulthood, giving them until 21 to start any legal action.
• Persons lacking mental capacity: if someone does not have the capacity to make their own claim, whether due to the harm caused to them or a pre-existing condition, then the time limit is halted indefinitely. In cases where they recover to a sufficient degree, the 3 years are counted from the date of recovery.

If your loved one is under 18 or lacks sufficient mental capacity, then you can apply to act as their litigation friend. It is worth mentioning that litigation friends are not required to be family members; any adult who meets the suitability requirements can act on behalf of another.

What About Fatal Medical Negligence Cases?

If the patient dies due to substandard medical care, then their estate can make a claim for the pain and suffering, as well as any financial losses experienced, prior to their death as per the Law Reform (Miscellaneous Provisions) Act 1934. The estate can also claim on behalf of any dependents. 

For the first 6 months after death, the estate has the exclusive right to start a claim, but if no claim has been made for them in the first 6 months, qualifying dependents can make a claim for the impact the death had on them under the Fatal Accidents Act 1976. 

You can learn about the time limits, if any exceptions apply in your particular case and find out more about claiming on behalf of others by speaking to our advisors today. 

What Compensation Could I Get For A Delayed Treatment Claim?

The compensation you could get for a delayed treatment claim is split into 2 different heads of loss, which are:

• General damages: Award compensation for physical and psychological harm caused by the substandard care.
• Special damages: This head of loss compensates for the financial damage you experience. More on this in the next section.

General damages values may be calculated using your medical evidence alongside the guidelines from the Judicial College. Known as the JCG, this publication provides compensation brackets for a wide array of harm. We have used some of these brackets for this table. 

Compensation Table

Please note that the top entry is not a JCG figure and that this table has been included to act as guidance only.

Determining The Compensation Amount

Determining the compensation amount for delayed medical treatment is done through a careful examination of evidence. We already discussed the JCG with your medical records to value the harm caused, but proof of any financial losses will also need to be considered. You can ask our advisors for further guidance using the contact details given below.

Will Compensation Help Me To Claim Back The Cost Of Subsequent Treatment?

The compensation will most certainly help to claim back the cost of the subsequent treatment you receive. Special damages payments cover expenditures such as subsequent, as well as, other costs that are incurred.

As these special damages cover future losses as well, payouts are often much higher than the compensation for the harm itself. Some more examples have been given here:

• Medical costs such as treatment, therapy, medication and rehabilitation.
• Loss of earnings and loss of future earnings if you are unable to work.
• In cases where the patient’s mobility is reduced, accessibility installations to their home, such as ramps, modified showers and additional handrails may be required.
• Domestic support, including preparing meals, washing yourself, cleaning tasks, and childcare, if you cannot do these safely on your own.
• You may also incur transport costs if you cannot drive yourself to and from work or hospital appointments.

You’ll need to prove what costs you have incurred so be sure you hold onto documents such as your payslips, travel tickets and receipts for purchases as evidence of special damages.

Can I Get Interim Payments?

You could get interim payments in certain circumstances. Interim payments are awarded in cases where it is clear that compensation is likely to be awarded but the claimant has immediate costs that they are otherwise unable to afford.

An obvious example would be if your mortgage or rent are due but you have been off work recovering from the negligent treatment and are unable to make the payments. The court can release some compensation early, which is then taken off the total compensation figure.

This section contains a lot of information and while we’ve done our best to be as thorough as possible, we have to stress that this information is intended as guidance only.  To find out more about claiming for medical negligence after delayed treatment, talk to our team today.

How Can Delayed Treatment Be A Result Of Medical Negligence?

Examples of how delayed treatment can be a result of medical negligence include:

• Improperly performed scans result in a blood clot being missed. The clot later caused you to experience a stroke that would have occurred had you received a timely diagnosis and treatment.
• A failure to refer you for further testing resulted in your cancer not being detected sooner. As a result of this cancer misdiagnosis, you required multiple rounds of treatment and invasive surgery. 
• Administrative errors meant your patient notes were mixed up with another patient’s. This caused your lumbar fracture to be missed, and instead of undergoing surgery, you were prescribed anti-inflammatory medication. Your condition worsened significantly and you had to undergo multiple corrective procedures.

There are, of course, many other circumstances where a treatment delay could occur. You can check if you’re eligible to claim for free by speaking to our advisors today. 

What Is The Longest Amount Of Time I Should Be Waiting For Treatment?

The NHS Maximum Waiting Time Standards state that the maximum acceptable waiting period for non-urgent care is 18 weeks. For an urgent cancer referral, this is reduced down to 28 days from referral to diagnosis.

For A&E admissions, this should be no more than 4 hours. If you do not receive treatment within the maximum acceptable waiting period due to the standards of care not being good enough, and this causes you to experience avoidable harm, then you may be eligible to make a claim.

You can talk to one of our advisors today to find out more.

How Can I Start A Delayed Treatment Compensation Claim?

To start a delayed treatment compensation claim, you can talk to our advisors for free legal advice and an eligibility assessment. Another important step is to gather a strong body of supporting evidence.

Evidence examples you could use to support a medical negligence claim include:

• Medical records showing what treatment was delayed, what harm was caused and any subsequent procedures to correct that damage. This could include consultation notes, the results of any tests and surgical reports. 
• Check that you have up to date contact information for potential witnesses so they can be reached for a statement during the claims process.
• Proof of financial losses.
• Findings from the Bolam test, if applied.

The Bolam test involves medical professionals from the relevant field examining the level of care you received and determining whether or not the correct standard was met. It’s not used in every case but you can use the findings from this as part of your evidence if it is.

The exact evidence available to you will be influenced by the circumstances of your care. You can talk to our advisory team for further guidance on claiming for medical negligence due to a delay in treatment.

No Win No Fee Treatment Delay Claims With Legal Expert

Legal Expert has considerable experience in handling treatment delay claims and can offer eligible claimants some very desirable No Win No Fee terms. Once our advisors have assessed your eligibility, you’ll be connected with one of our dedicated medical negligence solicitors if you meet the criteria. 

The type of contract we can offer eligible claimants is called a Conditional Fee Agreement or CFA. When you claim under these terms, you will benefit from the following:

• No solicitor fees to pay at the start of the claim.
• You will also not be liable for any fees for the solicitor’s services during the claims process itself.
• Lastly, should the claim not succeed, you will not owe any solicitor fees.

As you can see, starting your claim under a CFA comes with very desirable perks, insulating you from spiralling costs as your claim progresses. If you win the case, the solicitor will take a success fee from your compensation. The Conditional Fee Agreements Order 2013 imposes a maximum charge of 25% for the success fee, so most of whatever is paid out is yours to keep. 

Contact Our Solicitors

You can get your free assessment at any time by contacting our advisors today. If eligible, you will be connected with a highly experienced solicitor who suits your needs. You can reach the Legal Expert medical negligence team using the contact information given here: 

• Call us on 0800 073 8804.
• You can also contact us online.
• Finally, we operate a live chat service that you can access on all of our pages. 

More Information

You can read up on other medical negligence claims here:

• Find out more about claiming for an ovarian cancer misdiagnosis with this guide.
• Check the eligibility criteria to claim for a dispensing error at a pharmacy.
• Learn if you could claim for a surgical error and how compensation payouts are calculated.

These external resources have also been included for additional guidance:

• Find out how to raise concerns about a doctor to the General Medical Council (GMC).
• Read the NHS Constitution for England on the government website.
• You can provide feedback and complaints about NHS services here.

Thank you for reading this guide to medical negligence from a delay in treatment. You can get a free eligibility assessment today by using the contact information given above. Our team is available 24/7 to take your call.

By Stephen Hudson. Last Updated 11th June 2025. If you’re thinking of making a personal injury claim, you might think it will be a very long and drawn-out process. However, the Ministry of Justice (MoJ) has designed procedures and protocols that all parties involved in claims should follow. The idea behind these rules is to reduce the costs involved with claiming and to try and avoid claims ending up in court. Therefore, in this guide, we’ll review the pre-action protocols for low-value personal injury claims.

Essentially, these are claims that will enter the fast-track system because they are valued at less than £25,000. Don’t worry if you think your claim might be valued at more than this amount, we could still help but different rules will apply.

Legal Expert provides a telephone consultation and free legal advice to all potential claimants. There’s no obligation to continue but, if your case is strong enough, we could connect you with our solicitors. If they agree to represent you, they’ll provide their services on a No Win No Fee basis.

We are here to help when you’re ready to start your claim. To do so right away, please call us on 0800 073 8804. If you would like more information about how the claims process works before contacting us, please read on.

Select A Section

1. What Is The Pre-Action Protocol For Low-value Personal Injury Claims?
2. Are There Different Pre-Action Protocols For Different Claims?
3. What Do Pre-Action Protocols Aim To Do?
4. What Happens After The Pre-Action Protocols For Low-value Personal Injury Claims?
5. Examples Of Personal Injury Claims Payouts
6. Do No Win No Fee Solicitors Handle Low-value Personal Injury Claims?
7. Learn More About Pre-Action Protocols

What Is The Pre-Action Protocol For Low-Value Personal Injury Claims?

Pre-action protocols for low-value personal injury claims is a format that those involved in the claim (defendants and claimants) must work on before beginning legal proceedings in court.

For a case to be deemed as low-value, the total claim value must be less than £25,000. If that’s the case, if the claim were to get to court it would enter the court’s fast-track system.

Importantly, it is very rare for personal injury claims to end up in court. That is in part due to the fact that these protocols exist. They allow for the sharing of information so that both parties can review the facts and decide who is liable for what.

Are There Different Pre-Action Protocols For Different Claims?

There are several different pre-action protocols. As well as the low-value personal injury claims protocols that we’ll discuss in more detail, the others include:

• Low-value road traffic accident claims.
• Low-value claims protocols involving employers’ liability and public liability.
• Industrial illness and disease claim protocols.
• Clinical dispute protocols.

We won’t cover these protocols within this guide so please feel free to use the links above to learn more.

Low Value RTA Protocols – Whiplash Reform Programme

There is a different personal injury protocol for certain low value road traffic claims. This is due to the Whiplash Reform Programme, brought in under the Whiplash Injury Regulations 2021. The requirements to make a claim in this way are different to regular low value claims. So, if any of the following apply to you, your road traffic claim may be made through the Whiplash Reforms:

• Were a passenger or driver of a motor vehicle.
• The accident occurred in England or Wales.
• Were 18 or older at the time of the accident.
• Suffered injuries valued at £5,000 or less.

The way whiplash is valued is different to traditional personal injury calculation methods (we discuss this later on). This is due to the Whiplash Injury Regulations, which include a tariff figure for whiplash injuries. Some examples include:

• A tariff figure of £4,345 if the symptoms of your whiplash lasts longer than 18 months but not any longer than 24 months and includes minor psychological symptoms.
• £4,215 is awarded for whiplash symptoms that last 18-24 months but do not include psychological harm.
• £3,100 is the tariff applied to whiplash injuries and minor psychological symptoms that last between 15 and 18 months.
• With £3,005 awarded to whiplash injuries without any psychological symptoms if they last between 15 and 18 months.

However, if the above Whiplash Reform eligibility criteria apply to you, but you did not suffer whiplash, you would still claim through the programme. How your injuries are valued would be in accordance with traditional personal injury claims calculation methods, though. For example, if you suffered rib fractures or soft tissue injuries to your chest that cause serious pain and disability lasting for only a period of weeks, this could be awarded a value of up to £4,820 (this figure is from the Judicial College Guidelines, which we explain in further detail below). Because this figure does not exceed £5,000, as long as you didn’t suffer other injuries that take it above that value, then your claim will come under the Whiplash Reform.

If you have any questions about the Pre-Action Protocols for low value personal injury claims and what method you would need to use for your claim procedure, please speak to a member of our advisory team. They can check your eligiblity and help estimate the value of your claim.

What Do Pre-Action Protocols Aim To Do?

In personal injury claims, the pre-action protocols set out a number of steps that should be followed. They are designed to make it easy for each party to know what’s expected of them.

It also makes it clear when actions should be completed by too. Therefore, over the next few sections, we’ll review each of the important steps that must be taken.

Sending The Letter Or Claim Notification Form

The first action in any personal injury claim is for the claimant to write to the defendant. The letter will explain basic details and tell the defendant that a claim is going to be made.

At this stage, the claimant may not have all the evidence they need to start a formal claim but this letter begins the claims process. Defendants, or their insurers, should respond to acknowledge receipt of the letter within 14 days.

Rehabilitation

The purpose of compensation is to help the claimant recover from any injuries. Whether they be physical or psychological, the claims process aims to return the claimant to the position they were in (or as much as possible) before the accident happened. Therefore, where possible, treatment should begin as early as possible.

As a result, the pre-action protocol says that the claimant should set out any rehabilitation requirements. Essentially, this is where the claimant’s solicitor will ask the defendant’s insurers to pay for any care costs or non-NHS treatment.

If possible, both parties should try to agree upon early rehabilitation. This will obviously help the claimant to deal with their injuries sooner. Importantly, though, as it could lead to shorter recovery times, it could make the claim less costly for the defendant as well. Therefore, starting treatment before the claim is settled could be beneficial to all involved.

Letter Of Claim

Once the claimant’s solicitor has enough information, they should send a letter of claim to the defendant and their insurer. For low-value claims, the Claim Notification Form could be accepted if it has already acted as a letter of claim because it contained enough information.

The letter should contain important details about the claim including:

• The name and address of the claimant.
• Details of the accident.
• The date, time and location the accident took place.
• Brief information about how the accident occurred.
• Why the claimant blames the defendant for the accident and subsequent injuries.
• An outline of the injuries being claimed for.
• Information about which hospital, GP surgery or minor injuries unit treated the injuries.
• Information about whether the claimant is still suffering. If so, the solicitor may ask if the defendant will offer to cover the costs of rehabilitation (see the previous section).
• Details about whether the claimant is unable to work at the moment. Also, details of any lost earnings that have accrued so far.
• Details of any other losses, expenses or costs.

The Defendants Response

Where a letter of claim has been sent, the defendant or insurer should respond within 21 days. If neither the insurance company nor the defendant responds with this timeframe, the claimant could have grounds to begin court proceedings.

If a response is received from the defendant’s insurers, they will have up to 3 months to carry out their own investigations. Before those 3 months are up, the insurer or the defendant should respond and explain whether they admit liability for the accident or not.

Where liability is denied by the defendant, they should explain why. In this scenario, they should offer an alternative explanation for the accident and send documentation to the claimant that they’ll use to defend their position.

Disclosure Of Documents

The next step of the pre-action protocols for low-value personal injury claims is for the claimant to send documents to support their case. Generally, these will relate to special damages (financial losses). For example, they might send documents showing:

• Evidence to show their loss of earnings.
• Proof of paying for car hire, for example, in road traffic accident claims.
• Receipts to show any costs relating to replacing items that were damaged during the accident.
• Other financial documents like bank statements to show other losses.

Expert Reports

In fast track claims, you may only need one report. This will be a medical report from an independent medical expert such as a doctor. It is important that the solicitor for the claimant checks this report carefully. That’s because, once it has been submitted, they can’t challenge the information within it.

Generally, claims will only require one report from one medical expert. However, where there are multiple injuries, multiple reports might be required if they are covered by experts with different medical specialities.

Alternative Dispute Resolution

Before proceeding to formal legal proceedings in court, there may be an alternative way of resolving the dispute if both parties cannot reach an agreement over liability. Considering alternative dispute resolution is part of the pre-action protocols because it:

• Can avoid the stress involved with providing evidence in court.
• Reduce how long the claim takes to be resolved.
• Reduce the costs involved in settling a claim.

There are several different ways of resolving disputes prior to a court hearing. They include:

• Negotiation and discussion between both parties. This option may have passed at this point but it is worth considering as it could be the cheapest option.
• Mediation – where a third party acts as a facilitator to try and help achieve a resolution.
• Arbitration – where a third party hears both sides and decides on the outcome of the dispute.
• Early neutral evaluation – this is where a third party investigates and then provides an informed opinion on who is to blame.

As you can see, there is a lot that can be done to achieve a decision on your case before it needs to go to court.

As we said earlier, very few personal injury claims do make it to court. That’s partly because of the pre-action protocols for low-value personal injury claims. It’s also because solicitors will only take on cases they believe they can win after they have been reviewed thoroughly.

What Happens After The Pre-Action Protocols For Low-value Personal Injury Claims?

If your claim is not settled by the pre-action protocol process, what happens next? Well, your solicitor will need to review what’s happened. This is where they may review the strengths of the case again. They will then need to decide whether you should take the claim through the courts.

Once court proceedings have been issued, a date will be set for when the hearing will take place. Importantly, a pre-trial agreement can still be agreed upon up until the court proceedings begin.

As you can see, the pre-action protocols for low-value personal injury claims mean that the claims process is as efficient as possible. They also mean that most cases are settled out of court.

If you would like to see if one of our solicitors could help you start a claim, why not call an advisor today?

Personal Injury Claim Time Limits For Low Value Claims

The standard time limit for starting low value personal injury claims is three years, as set by the Limitation Act 1980. This time limit usually begins from the date of accident that caused you to be injured. In some circumstances, however, the way the limitation period works can change:

• When the injured person lacks the mental capacity to bring forward their own claim, the time limit is suspended indefinitely. If the injured party later regains their mental capacity, then the time limit will start on the day of recovery. However, when it is suspended, a litigation friend can potentially make a claim on the injured person’s behalf.
• If the injured party is under the age of 18, then the start of the time limit will be paused until the day of that person’s 18th birthday. From that point, the injured person will be old enough to start their own claim. Alternatively, a claim could be made on the injured person’s behalf before they turn 18 by a litigation friend.

For more advice about the time limit for claiming or any other pre-action protocols for low-value personal injury claims, get in touch with our team of advisors today.

Examples Of Personal Injury Claims Payouts

Legal professionals will consider many factors when calculating personal injury claims payouts. For example, some personal injury claims include special damages, which we explore in the next section.

If you are eligible to claim, you will receive general damages. General damages are awarded for pain and suffering.

In the table below, you can see bracketed amounts from the Judicial College Guidelines (JCG). The JCG provides guidelines when assigning value to general damages. However, the amounts shown are not guaranteed for a successful claim. Furthermore, the figure in the first row was not taken from this document and is provided only to show you how you could be compensated for more than one minor injury plus related costs.

Call our advisors to talk about the pre-action protocol for personal injury claims.

Special Damages

In addition to claiming for your injuries, you could also have any expenses caused by your injuries paid back. This is called a special damages claim.

Special damages could include care costs, medical expenses, travel costs, lost income, future lost earnings and the cost of modifying your vehicle or home to help you deal with any disabilities.

To help prove special damages, evidence will be needed. Therefore, receipts, bank statements and wage slips should all be retained if they prove your financial losses. They can be sent during the disclosure stage of the pre-action protocols.

We do have a compensation calculator, but we can also help value your claim in other ways. If you’d like us to assess what your claim might be worth, please call our advisors today. Your case will be reviewed on a no-obligation basis and you’ll receive free legal advice too.

Do No Win No Fee Solicitors Handle Low-value Personal Injury Claims?

If you have suffered from a minor injury that was not your fault, you may be asking, ‘Do I need legal representation when making a compensation claim?’

Seeking legal support when going through the pre-action protocols for low-value personal injury claims would benefit you, and our experienced panel of solicitors may be the best fit. This is because they are specialists in low-value personal injury claims and can use their expertise to:

• Walk you through the claims process
• Explain any key legal terminology and documents
• Help you obtain evidence and build your case
• Assist you with resolving disputes, including negotiations, mediation, arbitration and early neutral evaluation.

Furthermore, our panel works on a No Win No Fee basis. Therefore, seeking their support would not burden you with heavy financial burdens if you sign a Conditional Fee Agreement (CFA). Here are some of the key benefits of signing a CFA with our panel:

• You will not need to pay any out-of-pocket expenses for our panel’s services, including upfront or ongoing costs.
• If your claim is successful, our panel will request a success fee. However, this is taken as a small percentage of your compensation and this is a capped amount by law.
• If your claim is unsuccessful, our panel will not request any payments for the work they completed on your case.

Contact our helpful advisors today for further information on low-value personal injury protocol claims.

Get In Touch With Our Advisors

If you find yourself still asking, “what is the pre action protocol for personal injury claims?”, then we are available on a 24/7 basis to answer your questions. If you’ve suffered due to a personal injury, pre action protocols are important to understand.

There are a few ways you can get in touch:

• Use our live chat.
• Call our claims line on 0800 073 8804.
• Arrange a callback by completing our contact us form.
• Send an email to [email protected] to let us know about your case.

Don’t hesitate to reach out for information on the pre-action protocol for personal injury claims.

Learn More About Pre-Action Protocols

In this part of our guide, we have linked some useful resources and guides that might help you. Please let us know if you need any additional advice.

Whiplash Reform Programme – Government advice on claiming for low-value whiplash injuries sustained in an RTA.

The Ministry of Justice – This article sets out the roles and responsibilities of the MoJ.

The Motor Insurers’ Bureau – An organisation that you could claim through if injured in an RTA where the other driver is not insured.

We have lots more guides on personal injury claims which you can browse below: 

• A guide to the claims process
• Climbing wall activity accident claims
• Claiming compensation for quad bike injuries
• Activity centre injuries – how to claim compensation
• Claiming compensation for a mountain bike injury
• How does the personal injury claim process work?
• Missing tile accident claims
• Success fees in personal injury cases
• How many claims go to court?
• Special damages in personal injury claims
• CCTV footage in personal injury cases
• Claiming compensation for injuries caused by faulty furniture
• How to claim against your employer
• Compensation tables for personal injury
• Try our personal injury claims calculator
• How much compensation can you get for a personal injury claim?

You have reached the end of this guide about the pre-action protocols for low-value personal injury claims.

By Danielle Jordan. Last Updated 28th April 2025. Have you suffered tinnitus after a car accident that happened due to someone else’s negligence? If so, you may be entitled to make a claim.

Tinnitus can cause significant pain and suffering that affects your daily life. Compensation won’t take away the pain you’ve experienced, but it can help you get your life back on track.

Our personal injury solicitors are experienced in helping claimants receive the maximum amount of compensation they’re owed, whether it be for broken bones or if your ears are ringing after a car accident.

If you have a valid claim, an adviser can connect you to a personal injury solicitor to discuss No Win No Fee agreements with you. They can then begin the claims process and work on gaining you the compensation you deserve,

You can also watch our video below which explains the key takeaways from our guide:

You can contact our expert team of advisers via:

• Telephone on 0800 073 8804 any time of day.
• Our online contact us form to receive a response whenever is best for you.
• Our instant live chat pop-up box to chat with an adviser immediately.

Select A Section

1. Can I Claim Compensation For Tinnitus After A Car Accident?
2. What Is The Time Limit When Claiming Tinnitus After A Car Accident Compensation?
3. How Can Car Accidents Cause Tinnitus?
4. Proving Who Is Liable In Tinnitus After A Car Accident Compensation Cases
5. Compensation Payouts For Tinnitus After A Car Accident
6. What Else Can A Tinnitus Compensation Claim Include? 
7. Can I Claim With A No Win No Fee Solicitor If My Ears Are Ringing After A Car Accident?
8. Read More On Claiming Compensation For Tinnitus And Whiplash

Can I Claim Compensation For Tinnitus After A Car Accident?

If your ears are ringing after a car accident, you may wonder if you are eligible for personal injury compensation. 

In order to have valid grounds to seek compensation for whiplash and tinnitus, you must meet the personal injury claims eligibility criteria. This means that you will be expected to prove that:

• You were owed a duty of care. 
• This duty was breached. 
• You suffered injuries because of this breach. 

While using the roads, all road users owe each other a duty of care to navigate the roads in a way that prevents injury and damage to themselves and others. To uphold this duty, road users must adhere to the Road Traffic Act 1988 as well as any relevant rules and regulations found in the Highway Code. If you suffer an injury because another driver failed to comply with this duty, you could be eligible to make a tinnitus compensation claim.

 To find out more about eligibility, speak with one of our advisors. 

What Is The Time Limit When Claiming Tinnitus After A Car Accident Compensation?

The general time limit when claiming tinnitus after a car accident compensation is 3 years from the accident date. This was established by the Limitation Act 1980, however certain exceptions can apply.

Circumstances where the standard 3 year time limit is disapplied include:

• Children: a person who was under 18 at the time of the accident cannot make a claim for themselves. The time limit is therefore paused until they reach 18, giving them until they turn 21 to make their claim.
• Persons without sufficient mental capacity: An injured person who lacks the capacity to claim for themselves, whether due to their injuries or a prior condition, is not subject to any limitation period. If they recover to a suitable degree however, the time limit is counted from the date of recovery.

In these cases, a parent, legal guardian or another suitable adult can apply to act as their litigation friend. This gives the adult the authority to make decisions about the claim with the injured person’s solicitor, while acting in their best interests.

You can learn more about the time limit to claim for tinnitus after a car accident by speaking to our advisory team today.

How Can Car Accidents Cause Tinnitus?

There are various injuries that you could sustain in a road traffic accident that may result in tinnitus. These include:

• Suffering a neck injury, such as whiplash. 

• Brain damage can also result in tinnitus. Some brain injuries can affect the nerves in a way that causes them to misfire and result in hearing sounds associated with tinnitus. 
• A head injury without brain damage. Head trauma can result in a perforated eardrum or other damage to the inner and middle ear, which can result in developing tinnitus.
• Additionally, a sudden loud noise, such as from an airbag deployment, can also cause tinnitus. This can occur without suffering another injury.

Get in touch with an advisor to discuss whether or not you meet the criteria to claim tinnitus after a car accident compensation.

Proving Who Is Liable In Tinnitus After A Car Accident Compensation Cases

There are multiple ways to establish who breached their duty of care in a car accident, such as:

• CCTV footage – If you have CCTV  footage, this can provide videos and images of the car accident. This will show exactly who’s at fault and what happened.
• Witness statements- Witnesses of the car crash can write witness statements explaining what they saw happen.
• Photos of any injuries – If you had visible injuries as well as tinnitus, make sure to take photos of these.
• Pictures of damage to your car – If your car was damaged due to the crash, you should take photos of the damage to include in your tinnitus after a car accident compensation claim.
• Medical notes – You should provide medical records to show your tinnitus diagnosis and treatment plan.

If you need more advice about proving who is liable for your tinnitus after a car accident compensation claim, our team of advisers would be happy to help. They’re available 24 hours a day to offer legal advice for free and have a chat about your situation.

Once they’ve checked your claim is valid, they can connect you to an expert personal injury solicitor. They can then assess how much compensation you may be entitled to and discuss No Win No Fee agreements with you.

Compensation Payouts For Tinnitus After A Car Accident

Some guides may include a personal injury claims calculator to calculate how much tinnitus after a car accident compensation you may be entitled to. Instead, we’ve included a compensation table to assess how much compensation some injuries may be valued.

These latest Judicial College Guidelines JCG figures may vary and are used in this table for example purposes only. The JCG document lists a catalogue of injuries and illness with bracket figures calculated by using past settlements awards that have been settled in court.

Tinnitus after a car accident compensation is typically split into general and special damages. The above table shows general damages from the JCG. However, the top row provides guidance on how compensation could be awarded for multiple severe injuries and special damages. We’ve also included two whiplash tariffs from the Whiplash Injury Regulations in the last two rows. The table is for guidance only. The awarded bracket depends on how severe the injury is and how long it takes to heal.

General damages compensate for the injury itself and how it’s affected you physically and mentally. For example, you may have suffered post-traumatic stress disorder due to your injury.

Special damages compensate for the financial impact the injury’s had on you. However, you must provide evidence of the financial loss or it’ll be difficult to claim special damages.

How Much Compensation For Whiplash And Tinnitus?

Your claim for ringing in your ears after a car accident may be impacted by the Whiplash Reform Programme. These changed how certain claims are made for road traffic accidents in England and Wales. They apply to those aged 18 or older who suffered injuries valued at £5,000 or less as a vehicle’s driver or passenger. Applicable injuries include whiplash and other soft tissue injuries as well as ear ringing after the accident. 

Your whiplash injury will be valued in accordance with the tariff set out in the Whiplash Injury Regulations 2021. Other injuries that are not covered by this tariff, such as tinnitus, will be valued in the traditional manner. We look at this in the next section. 

If you would like to know how much compensation for whiplash and tinnitus you could receive, get in touch with an advisor from our team for a free claim valuation.

What Else Can A Tinnitus Compensation Claim Include? 

Here are some examples of what special damages can compensate for:

• Loss of earnings – If you took time off work to heal from your injuries, you may have suffered a loss of earnings. An example of evidence you could provide to prove this is payslips from before and after your injury. The amount you were paid could then be compared to assess how much you lost.
• Care costs – When hiring a carer, you may have paid out of pocket for this. A carer may have helped you deal with general household chores, such as cooking and cleaning, or they may have physically cared for your injury. To prove this, you could provide bank statements showing how much you paid for the carer.
• Travel costs – If you had to travel to and from medical appointments, you may have paid out of your own money for this. An example of evidence to prove this could be bus or train tickets.
• Prescription medication – Did you pay for medication to treat your injuries? If so, you could provide prescriptions to prove how much it cost.

If your injury impacted you financially, you may be entitled to special damages. You can contact our team of advisers today to assess how much tinnitus after a car accident compensation you may be entitled to.

Can I Claim With A No Win No Fee Solicitor If My Ears Are Ringing After A Car Accident?

It is advisable when making a personal injury claim for compensation for tinnitus after a car accident to seek legal advice. Here at Legal Expert, our advisors can provide you with free advice in a no-obligation consultation where you can have your case evaluated for free, provided with an estimate of what you could be awarded should your tinnitus after a car accident compensation claim be successful and also be connected with one of our No Win No Fee solicitors.

Cases that are taken on by our car accident solicitors are usually worked on, on a No Win No Fee basis. A popular type of arrangement like this is called a Conditional Fee Agreement CFA which is a contract entered into by you and the solicitor. This generally means your solicitor will start work on your case without needing an upfront fee, nor will any ongoing fees be needed for the service the solicitor provides.

Successful personal injury claims after a car accident will see the solicitor take a capped percentage of the compensation awarded as their success fee. All of this is explained in the regulations set out in the Conditional fee Agreements Order 2013.

To find out if you could claim with a No Win No Fee solicitor for ringing in your ears after a car accident, call our advisors now for free advice.

Start Your Claim 

Our team of advisers are available around the clock to offer 24/7 free legal advice and have a chat about your situation. They can assess how much tinnitus after a car accident compensation you may be able to claim.

After speaking to an adviser, you’re under no obligation to continue with our services. However, if you want to, an adviser can connect you to an expert personal injury solicitor if your claim is legitimate.

A personal injury solicitor can then explore No Win No Fee agreements with you and begin working on your tinnitus after a car accident compensation claim.

You can get in touch with our friendly team of advisers by:

• Calling them on 0800 073 8804 to receive free legal advice.
• Chat with an adviser via our live chat pop-up box for an instant reply.
• Fill in our online claims form to receive a response at your earliest convenience.

Read More On Claiming Compensation For Tinnitus And Whiplash

• How Much Compensation Can Be Claimed For a Fatal Accident or Wrongful Death? – If a loved one has passed due to someone’s negligence, our article looks at how you may be able to make a wrongful death claim.
• Ear Infections – If you think you may be suffering from an ear infection, this NHS guide holds useful information.
• Earache – Are you experiencing earache? This NHS guide offers advice on how to deal with it.

We also have some other guides on car accident claims that you may find useful:

• A guide to car accident claims
• Check out our frequently asked questions (FAQ) page on car accidents
• A guide to serious injury car accident claims

Thank you for reading our guide about tinnitus after a car accident compensation. 

This article examines the circumstances surrounding you filing a rotavirus compensation claim on your child’s behalf.

Rotavirus can seriously affect children. Luckily, the NHS has a two-dose vaccination programme for all babies to take. However, children can still suffer despite these vaccinations.

When Could You Claim Compensation For A Rotavirus Infection?

But what if they suffer from rotavirus infection because of someone else’s negligence? In that scenario, you could look at making a rotavirus compensation claim.

You can click the headings below to move to the most relevant section for your query. Before then, though, you can always get in touch with our advisors about starting your claim today. So, you can call us up on 0800 073 8804 to speak to an advisor over the telephone.

Alternatively, you might wish to use our Live Chat to get an instant reply online. Or maybe you would prefer to provide a more in-depth message using the contact form on our website. In any event, our advisors are available 24/7. They give free legal advice with no obligation for you to proceed with our services. So why not reach out?

Select A Section

1. A Guide To Rotavirus Compensation Claims
2. What Is A Rotavirus Infection?
3. How Many Cases Of Norovirus Are There In The UK?
4. What Are The Symptoms Of Rotavirus Infections?
5. How Is Rotavirus Transmitted?
6. How Are Rotavirus Infections Caused?
7. Who Could I Make A Rotavirus Compensation Claim Against?
8. How Do I Prove I Have A Valid Claim?
9. Why Are People Vaccinated Against Rotavirus?
10. Rotavirus Safety And Side Effects
11. Vaccine Damages Payments For Rotavirus Compensation
12. Rotavirus Compensation Claims Calculator
13. What Else Can I Claim For After A Rotavirus Infection?
14. No Win No Fee Rotavirus Compensation Claims
15. Start Your Rotavirus Compensation Claim
16. Essential References
17. Rotavirus Compensation Claim FAQs

A Guide To Rotavirus Compensation Claims

This guide explores rotavirus compensation claims. Rotavirus is commonly contracted by children.

So, if you wish to file a rotavirus compensation claim for your child, there are three important criteria:

1. Firstly, you must prove that the defendant (the person or organisation you’re claiming against) owed a duty of care to you or your child.
2. Additionally, you must then prove that this duty of care was breached in some way.
3. Finally, you must prove that this breach led to your child suffering unnecessary harm of some kind.

If you wish to claim on behalf of your child, you can do so up until their 18th birthday. You would act as their litigation friend. However, we advise making a claim as possible so that evidence is easy to collect and your memory is fresh.

Should you choose not to claim on behalf of your child, and nobody else does so either, they would have three years to claim from the date of their 18th birthday.

To find out more about potential time limits, why not reach out?

What Is A Rotavirus Infection?

Rotavirus is a virus that can be common amongst children, especially younger ones. However, it is also possible for older children as well as adults to contract the virus. Now, rotavirus isn’t the same as norovirus. However, the symptoms are similar, as a rotavirus infection can cause vomiting, diarrhoea and nausea.

In most cases, a rotavirus infection doesn’t prove to be particularly serious, though it’s still distressing to suffer from. However, there are occasions where the child ends up requiring medical attention at a hospital. In particular, the child could suffer damage to their villi as a result of rotavirus.

Now, there is a vaccine in the form of two doses for the child to receive. These are generally given to the child eight weeks and twelve weeks after its birth. Their goal is to build up a child’s immunity against rotavirus.

This means that if the child contracts rotavirus from that point onwards, they should be able to cope better. However, the expectation is still for the child to suffer from rotavirus at some stage during their first five years.

Additionally, there’s the possibility of the child still contracting a serious case of rotavirus despite their two doses. This may occur despite the child’s good hygiene practices.

If a party that owed a duty of care caused you or your child to suffer this way (for example, a food business’ poor hygiene caused your food to be contaminated with the virus), you could claim.

How Many Cases Of Norovirus Are There In The UK?

Though we don’t have access to current concrete figures of norovirus in the UK, we do have some statistics relating to the virus in England.

According to Government norovirus information, in England, laboratory reports of norovirus cases increased after week 25 of 2021. In weeks 31 to 34, the number of reports was 55% higher than the average of that same period in the previous 5 seasons before COVID-19.

However, laboratory rotavirus reports have stayed lower than the 5-season average of the
same period throughout 2020/2021.

Nevertheless, no parent wants their child to suffer from rotavirus under any circumstances and at any level of severity. If this does happen due to someone else’s negligence, there’s the possibility of making a rotavirus compensation claim. Please get in touch if you wish to know more.

What Are The Symptoms Of Rotavirus Infections?

Diarrhoea and vomiting are the most common symptoms of a rotavirus infection. Other symptoms that can be caused by rotavirus include a mild fever, abdominal aches, dizziness, a lack of sleep and not producing tears when crying. However, if you suspect that your child is suffering from rotavirus, it’s important to get a medical professional’s opinion.

The virus does generally pass without causing too much harm to the child. However, there is always the chance that something unexpected could happen such as severe dehydration requiring hospitalisation.

If the child suffered because of a party’s breach of duty, a rotavirus compensation claim may be the result. Make sure to speak to us on the telephone number above if you have any questions.

How Is Rotavirus Transmitted?

Rotavirus is spread in faeces via hand-to-mouth contact. It can be picked up from surfaces such as toys, dirty nappies or hands.

It can also be found in water where faeces from infected humans has contaminated it. What’s more, it can be found in contaminated food.

This is why parents and guardians must ensure that their child maintains strong cleanliness at all times. It can be harder for younger children to communicate that they’re unwell.

However, there are circumstances where, despite the child’s good hygiene practices, they become infected. For example, if they ate contaminated food at a restaurant due to the restaurant’s poor hygiene, the food establishment could be seen as liable.

How Are Rotavirus Infections Caused?

Rotavirus infections are generally the result of poor hygiene and a lack of hand-washing. They’re spread (commonly) from the gut to the mouth because of this. For example, if someone who is infected doesn’t wash their hands after passing faeces, they could contaminate food if they then go and prepare it.

The good news is that most children make a full recovery within 3 to 9 days. They can, if they show poor hygiene practice, pass the virus on to others. However, adults can do the same.

For example, if a food business worker prepares a dish without gloves (if not needed) and without washing their hands, and they’re carrying the virus on their hands, the food could become contaminated. The person who eats the dish could then become ill.

In this scenario, you could look at filing a rotavirus compensation claim. Nevertheless, you must produce strong evidence to prove this duty of care breach, as we will explain.

Who Could I Make A Rotavirus Compensation Claim Against?

In order to make a successful compensation claim, you’d need to prove that:

1. Someone owed you a duty of care;
2. They breached that duty of care, causing an accident or incident;
3. You suffered an illness or injury because of that breach.

For example, a party that owes you a duty of care could be a restaurant where you and your child are dining out. Perhaps the child eats food that is poorly prepared due to substandard hygiene. In such scenarios where the child subsequently suffers rotavirus, the food establishment could be the defendant.

Again, it isn’t likely that one employee would be singled out for the claim; it would be the restaurant as a whole. Restaurants are likely to have public liability insurance, so the claim would be covered by the insurance company.

Please speak to us for additional information.

How Do I Prove I Have A Valid Claim?

To prove your claim means producing evidence of a duty of care breach. Some examples could include CCTV footage and photography that shows the defendants demonstrating poor hygiene practices.

You could also use:

• Witness statements (if the unhygienic practices that caused the rotavirus infection were witnessed)
• Proof of financial losses that the illness caused (such as prescriptions for medication and travel tickets for appointments)
• Medical records

Having a medical appointment that confirms that you (or your child) is suffering from rotavirus can help the case. This is even more important if your child ends up suffering any longer-term health problems due to the rotavirus.

As part of the claims process, the claimant would attend a medical assessment. This is because:

• You need to show the severity of the injuries.
• The injury needs to be proven that it was caused or worsened by the incident that wasn’t the claimant’s fault.

An independent medical professional (such as a doctor) would assess your injuries (or your child’s) and create a report. If you use the services of a solicitor to claim, they would use the report to help value your injuries.

This could go a long way towards demonstrating the impact of the defendant’s negligence. All of this, along with producing other strong pieces of evidence, could support your rotavirus compensation claim. Please use our Live Chat to find out more.

Why Are People Vaccinated Against Rotavirus?

Rotavirus can cause people, in this case, usually young children and babies, serious harm. Any vaccination aims to reduce the impact of harm by building up immunity within the person.

Young children can be particularly vulnerable to the virus and can need hospitalisation if they become severely dehydrated due to it.

As a result of being vaccinated, should the person contract rotavirus in the future, the consequences won’t be as serious. This would allow them to avoid suffering significant harm from the virus.

Rotavirus Safety And Side Effects

Having the rotavirus vaccine should help to keep the child safe, as should maintaining good hygiene and handwashing. Note, though, that the vaccine could bring about several side effects.

However, in more extreme, albeit rarer, cases, the child could have an allergic reaction to the rotavirus vaccine. The chances of anaphylaxis happening are one in one million. There’s also the chance for the child to suffer a blockage within their intestines, though the odds remain very low.

Though you can’t necessarily make a rotavirus compensation claim for the known side effects of a vaccine, you could claim if poor hygiene from a party who owed you a duty of care (such as a restaurant) caused you to suffer from rotavirus. You could claim on behalf of your child.

Vaccine Damages Payments For Rotavirus Compensation

The table below demonstrates what the sufferer could receive from a rotavirus compensation claim. Note that these figures come courtesy of the Judicial College. The Judicial College Guidelines contain lists of injuries and potential compensation figures. Legal professionals use these guidelines to help value claims.

Note that the guidelines cover non-traumatic injuries, which rotavirus could fall under.

Compensation for a claim can be split into general damages and special damages.

So, general damages relate to the sufferer’s pain, along with the loss of amenity caused by the accident that wasn’t their fault.

On the other hand, special damages focus on the expenses and financial losses that occur due to the rotavirus. That may cover medication, transport costs for hospital visits and loss of earnings for time off work.

Rotavirus Compensation Claims Calculator

You can use our online personal injury claims compensation calculator to estimate what you could receive if you make a claim. Though these calculators can be helpful, it’s important to note that every personal injury claim is different. The impact on the person’s life may vary greatly between sufferers.

Furthermore, the long-term consequences of the rotavirus could also be different. So, all of this explains why our advisors make estimates using your specific circumstances rather than one-size-fits-all estimates. Talk to us if you need extra guidance.

What Else Can I Claim For After A Rotavirus Infection?

You may wish to make a care claim that covers the aftercare costs that the child receives. A perfect example of this is where you may have to hire someone to look after your child while you’re at work and they can’t attend school. Perhaps you have to take time off work to look after them, or perhaps other relatives or friends assist.

The latter comes under gracious care, where the sufferer receives help from those around them at no charge. The time and effort these people put into caring for the child can be valued in a personal injury claim.

Also, the parent or guardian may have to hire other professionals while their child is recovering. That includes hiring someone to handle the likes of gardening or cleaning because the parent is busy looking after their sick child.

To prove the costs of hiring additional help while you or your child recovers, you could use invoices, for example.

All of these could shape a care claim that comes as part of your overall rotavirus compensation claim. You can get in touch to find out everything you need about a care claim.

No Win No Fee Rotavirus Compensation Claims

When making a rotavirus compensation claim, you could benefit greatly from our solicitors’ No Win No Fee service. They provide their services on this basis to all claimants to ensure that they access the legal support they need without paying solicitor fees if a case loses. (Therefore, it makes funding the services of a solicitor affordable.)

Allow us to explain further:

• So, you would pay your personal injury solicitor’s legal fees if you win your case;
• If the case is successful, the ‘success fee’ has a legal cap for your benefit;
• However, if for some reason you don’t win your case, then you don’t make this payment at all;
• Furthermore, there aren’t any hidden solicitor fees within the duration of the claims process nor beforehand.

Drop us a message to receive any further clarification about using a No Win No Fee lawyer.

Start Your Rotavirus Compensation Claim

With all of this information in front of you, it’s now time for you to consider whether you could make your rotavirus compensation claim. Our advisors are here and waiting for you to get in touch to assess your claim. Once we know that it’s valid and strong, we can start to build your case so that you and your child receive justice. Now, to get in touch, you can:

• Telephone us on 0800 073 8804;
• Message us on our Live Chat service;
• Or fill out the online website form.

Note that we’re accessible 24/7, give free legal advice and there’s no requirement for you to begin a claim primarily from having a conversation with us.

Essential References

We hope you now have extensive knowledge about filing a rotavirus compensation claim. However, you may wish to find out more, which is why we have these references below for you.

To start, we have a general guide about claiming personal injury compensation.

We also go into further depth about No Win No Fee.

Furthermore, we have a collection of client reviews for you to check out.

Elsewhere, NHS Scotland provides a full explanation of rotavirus.

Also, the NHS goes in-depth on the rotavirus vaccine.

Last but not least, you can find out about the potential side effects of the rotavirus vaccine.

Other Guides Available To Read

• Knee Surgery Gone Wrong Claims Guide
• Rotavirus Compensation Claims Explained
• Liverpool Walk-In Centre Medical Negligence Claims
• Spire Healthcare Negligence Claims Guide
• Read our case study for a £400,00 sciatic nerve lesion and learn more about claiming compensation for medical negligence.

Rotavirus Compensation Claim FAQs

In this section, we answer commonly asked questions about the personal injury claims process.

How long does a compensation claim usually take?

The time a compensation claim takes varies depending on the circumstances of the claim. For example, if the defendant refuses to admit liability, the claim can take longer.

What are the stages of a successful compensation claim?

These involve the initial instructions, a letter of claim, the potential admittance of liability, the collation of evidence, settlement negotiations and payment.

Should I accept the first offer of compensation?

We recommend that you don’t do this because you’re likely to receive a stronger second offer. However, you should always seek the advice of your solicitor before you accept or refuse an offer.

What happens if I reject a settlement offer?

The other side may come back to you with a higher offer. However, if they come back with a lower offer, you couldn’t ask for the first offer as it’s no longer on the table.

Is a compensation payout taxable?

No, you wouldn’t have to pay tax on your settlement.

Would you have to declare a compensation payment for your benefits?

When you make a claim for compensation, if you’ve received benefits to help you cope with your injuries, the Compensation Recovery Unit would need to be notified that you’re making a compensation claim.

Why might the defendant avoid admitting liability?

This could be because your evidence isn’t strong enough to warrant their admittance of liability.

How long must I wait to receive my compensation?

You could receive your settlement within 28 days of the agreement between both parties. However, this is a rough timeframe so it could take less or more time.

Thank you for reading our rotavirus compensation claim guide.

Written by Armstrong

Edited by Victorine

Last updated 24th March 2025. Welcome to our guide looking at the minimum pavement trip hazard height to make a claim. Have you been involved in a slip, trip or fall that left you injured? Did the accident happen because someone else breached their duty of care towards you? Are you unsure what the minimum height for a trip hazard needs to be in order for you to claim? If so, this guide could help.

In this guide, we will cover a number of different points that you may find helpful if you’re considering making a claim. To begin with, we will look at what exactly a pedestrian injury compensation claim is. Furthermore, we’ll examine the duty of care that is owed to pedestrians while walking on the pavement.

This guide will also look at how a trip hazard height might be assessed. In addition to this, we will look at how you could make a claim against a liable party, for example, a local council.

We’ll then go on to look at the evidence you could provide to support your claim for compensation. Furthermore, we’ll look at the defence that a council or local authority could provide against a claim for compensation.

In addition to this, we will also examine the amount of compensation you could receive at the end of a successful claim. In addition to this, we will look at the kinds of damages your compensation could be made up of and how these are calculated.

Remember that you can speak to one of our advisors at any time to discuss your potential claim. If your claim has a good chance of success, you could be connected with one of our solicitors.

If you do wish to speak to us, you have three methods by which you can do so by:

• Telephone 0800 073 8804;
• Using our live chat to speak to an advisor ASAP;
• Or leave a message on our online form.

You can also watch our video below which explains the key takeaways from our guide:

Select A Section

1. 1. What Is A Pedestrian Injury Compensation Claim?
   2. How The Pavement Trip Hazard Height UK Is Assessed
   3. Can You Claim Falling On Uneven Pavements If They Were Not Well Maintained?
   4. How Local Authorities Defend Against Highway Tripping Claims
   5. What Evidence Can Support Highway Tripping Claims?
   6. How Long Do I Have To Start A Personal Injury Claim?
   7. Pavement Trip Hazard Height In The UK Compensation Claims Calculator
   8. Special Damages Which Could Be Awarded In Highway Tripping Claims
   9. No Win No Fee Pedestrian Injury Compensation Claims
   10. Start A Pedestrian Tripping Claim
   11. Essential References

What Is A Pedestrian Injury Compensation Claim?

A pedestrian injury compensation claim can be made if a pedestrian suffers an injury due to a breach of duty of care that was owed to them. These factors form the basis of negligence.

The Occupiers’ Liability Act 1957 states that the occupier of a public place (the party in control) owes a duty of care to all public members who visit their space. This means that occupiers must take steps to ensure the public’s reasonable safety while on their premises.

Specifically, the Highways Act 1980 states that, in most cases, local authorities and councils are responsible for the upkeep and maintenance of public streets and roads. This means that, generally, your local council owes you a duty of care when you are on public pavements, and are responsible for ensuring that public pavements are reasonably safe for you to walk on.

One of the steps local authorities should take to uphold their duty of care includes conducting regular risk assessments to identify whether pavements are over the trip hazard height in the UK, and either eliminating these hazards or displaying warning signs of these hazards if they cannot be eliminated

As such, here is the pavement accident claims eligibility criteria you will need to meet if you wish to claim compensation:

1. An occupier, such as a local council, owed you a duty of care.
2. They breached their duty of care. For example, they neglected to check the pavement for a long period of time.
3. You suffered an injury due to this breach of duty.

So, if you are wondering, “What is a trip hazard, and can I make a pedestrian injury claim for tripping on pavement?” please contact us today. A member of our team can give you a free case evaluation and discuss your circumstances.

What Is The Pavement Trip Hazard Height In The UK?

There’s no legal threshold for what is considered a pavement trip hazard. However, local authorities will usually not consider claims for accidents caused by trip hazards of a depth of less than 1 inch (2.5cm).

If the pavement that you tripped and injured yourself on meets or exceeds this height, you could have valid grounds to make a compensation claim. Please speak to our claims team for further details.

How The Pavement Trip Hazard Height UK Is Assessed

As we have already mentioned, there’s no legal limit to what is considered a trip hazard on the pavement. However, claims for accidents caused by trip hazards of less than one inch will usually not be considered.

This is because, as part of the duty of care, the person in control of the area need to take all reasonably practicable steps to ensure the safety of the public. However, a trip hazard of less than one inch would not be considered enough of a hazard to warrant immediate repair.

However, if the trip hazard is an inch or higher and you’ve been injured, then you may be able to claim. The hazard should either be at least one inch above the level of the rest of the pavement or one inch below it.

Can You Claim Falling On Uneven Pavements If They Were Not Well Maintained?

As part of the duty of care that a local authority has towards you, they need to repair any hazards. This includes large hazards, like a tree that has fallen down and is blocking the path.

However, they also have a responsibility to deal with smaller hazards. This can include things like wonky paving slabs that pose a trip hazard.

According to Well-managed Highway Infrastructure- A Code of Practice, councils and local authorities should take a risk-based approach to maintain highways. For this reason, the Code doesn’t outline any minimum standards but instead gives information about how an organisation can develop their own levels of services.

If there is a hazard that does not pose an obvious risk to safety, then it is unlikely that a local authority would be expected to repair it. This is why, generally, a council will not consider a claim that is made for an accident where the trip hazard was less than one inch. Because this did not pose an obvious risk to safety, the council is not in breach of its duty of care if it does not repair the pavement.

How Local Authorities Defend Against Highway Tripping Claims

There are a number of different ways that a local authority or council might defend against a claim for compensation for tripping over a pavement. For example, they might state that they included signs around the trip hazard to alert people passing of the danger. If you tripped despite the presence of such signs, you might not be able to claim.

In addition to this, the council might defend itself by claiming that they could not reasonably be expected to have identified the hazard. Furthermore, they might have been aware of the hazard but claim that it is unreasonable to expect them to repair it in the time between it being discovered and the accident happening.

In order to give you a better chance of claiming the compensation you deserve, you should gather evidence to support your claim. Read on to find out how you can do this. You can also contact us for more information about building a claim.

What Evidence Can Support Highway Tripping Claims?

There are a number of different ways that you can support your claim for compensation after a pavement accident. These include:

• Photographs. It would help if you took photographs of the accident scene and of a ruler against the trip hazard showing how high it is. You may also want to take photographs of your injuries as they heal.
• Medical records. If you’ve been involved in a slip accident, you should seek medical attention even if you don’t initially think you’re seriously injured. The records that this generates will support your claim for compensation.
• Witness details. If someone else saw your accident happen, you could ask them to provide their details. At a later date, they could be asked to provide statements to support your claim.
• CCTV footage. If the accident was caught on CCTV, you could use this to support your claim. You can request CCTV footage of yourself.
• Financial evidence. As well as compensation for your physical injuries, you could also claim for the financial harm that your injuries caused you. For this reason, you may find it useful to collect evidence like receipts and bills to show the amount you have spent.

If you would like any more guidance on the evidence that you could provide to support your claim, speak to a member of our team today. Or you can read on to find out more about how compensation is calculated.

How Long Do I Have To Start A Personal Injury Claim? 

If you want to receive compensation for your injuries caused by a trip hazard, you must start a personal injury claim. You may be eligible to claim if another person failed to recognise the trip hazard height in the UK, resulting in your injuries. However, you must start your claim within a specific time frame. 

Under the Limitation Act 1980, you must start a personal injury claim within three years of the date you sustained your injuries. However, as everyone is claiming under different personal circumstances, there are some exceptions to this rule when it will not apply, such as:

• If the claimant is a minor, they are not legally allowed to start a claim so the three year time limit is paused until they reach the age of eighteen.
• If the claimant lacks mental capacity and this is recognised under the Mental Capacity Act 2005, the time limit is indefinitely frozen. However, it will commence if they regain mental capacity. 

Understandably, claimants still may want to claim compensation despite the time limit being paused or frozen on their claim. However, this may be possible if a litigation friend is appointed to act on their behalf throughout the claims process. Litigation friends do not need to understand the law surrounding HSE trip hazard heights, but rather simply act in the claimants best interests. Our advisors can explain their role in more detail, if necessary. 

If you have any questions about the claims time limit, please do not hesitate to contact our friendly advisors today. They can go through them all with you and get you started on your claim if you are eligible to do so.

Pavement Trip Hazard Height In The UK Compensation Claims Calculator

When you claim compensation for your injuries, your settlement might be made up of general and special damages. General damages compensate you for the injuries you have experienced, whereas special damages compensate you for the financial impact your injuries have had.

General damages are worked out with the help of a medical assessment with an independent expert. They’ll assess your injuries and compile their findings in a medical report. This report can be used alongside guideline compensation brackets from the Judicial College (JCG) to help value your claim.

Below, we have included a table using the JCG. Please bear in mind that these are not guaranteed compensation amounts, and the top figure is not from the JCG.

You can also use our compensation calculator to see how much your claim might be worth. Simply input the details of your accident, and you could be given a valuation of your claim in moments.

Special Damages Which Could Be Awarded In Highway Tripping Claims

Special damages are the part of your claim that can compensate you for any financial harm that your injuries have caused you. There are a  number of different things that can be included in special damages. These include: 

• Loss of earnings or future earnings. If you need to take time off work as you recover, you could be compensated for the impact this has on your wages.
• Travel costs. You could claim back the cost of travel to and from medical appointments.
• Medical/care costs. If you need treatment that you cannot get on the NHS, or your injuries are so severe that you need care while you recover, then you may be able to include this in your claim.
• The cost of plans you’re no longer able to commit to. For example, if you’re injured, and that means you’re no longer able to attend a holiday that you had booked, then you could claim the cost of this back.

Please speak to us for extra guidance on this area of your claim after being injured in an accident. Or, if you would like to know more about the minimum pavement trip hazard height, speak to our team today.

No Win No Fee Pedestrian Injury Compensation Claims

When you seek compensation for injuries that you have sustained because someone else was negligent, you may wish to seek legal representation. Doing so could help you get more money from your claim.  On the other hand, you may be hesitant about doing so because of the legal costs typically associated with this. However, we could offer a solution.

A No Win No Fee agreement is a contract between you and your solicitor, and it sets out what needs to happen before they get paid. With an agreement like this, you won’t be asked to pay any upfront or ongoing fees. You also won’t pay anything if your case is unsuccessful.

The only time you will be asked to cover your solicitor’s fees is if they are successful in winning you compensation. Then, a legally capped success fee will be deducted from your compensation.

Please drop us a message to learn more about No Win No Fee agreements. One of our advisors could connect you with a No Win No Fee solicitor to work on your claim.

Start A Pedestrian Tripping Claim

Remember that our advisors are on hand to assist you around the clock, providing 24/7 access whenever you require it. Also, you don’t have to move ahead with a claim purely because you’ve spoken with us; there’s no obligation to continue after your initial free consultation.

You can get in touch with us today for more information by:

• Calling our team on 0800 073 8804;
• Messaging on the online contact form;
• Or by contacting us on our Live Chat service.

Essential References

We appreciate you reading our guide about pedestrian accident claims. That being said, you may want more information. If that’s the case, we recommend that you check out the links below.

The Royal Society for the Prevention of Accidents (RoSPA) provides information on preventing accidents, including slips, trips and falls.

Should I visit A&E? This NHS guide can help you figure out where to go for medical attention.

This page from the government website provides advice on Statutory Sick Pay (SSP).

You may find our guide on pedestrian accident claims useful.

Read our guide, where we look at No Win No Fee agreements in greater detail.

For more guidance on how a slip, trip or fall solicitor could help, read this guide.

Other Guides You Can Check Out

• Gatwick Airport Accident Claims Guide
• Wedding Day Personal Injury Claims
• £23,000 Compensation For An Ankle Fracture
• £500,000 Compensation For Shoulder Impingement Syndrome Injury
• Kirkwall Airport Accident Claims Guide
• Aberdeen International Airport Accident Claims Guide
• Jersey Airport Accident Claims Guide
• Allergic Reaction After Eating At Toby Carvery – Can I Claim?

Thank you for reading our guide looking at the pavement trip hazard height.

Welcome to our guide that discusses what happens when you make a claim. You may be reading this after suffering an accident that was caused by a breach of duty of care. Furthermore, you might already be aware that you can make a claim for personal injury compensation in a situation like this. But what are the steps that you’ll go through in the personal injury claims process? That’s what we will look at in this guide.

Every claim will have different circumstances, and no two claims will be identical. However, there are a number of different processes and stages that will be similar across different kinds of claims. Whether you’ve been injured in an accident at work, on the road or in a public place, the guidance in this article should help you through the process of claiming. Furthermore, we discuss how we can help you in making a claim.

To get in touch, you can:

• Call us on 0800 073 8804
• Receive an instant reply on our Live Chat service
• Or provide a more in-depth message when you use our contact form

Select a Section

• A Guide On What Happens When You Make A Claim
• What Is A Personal Injury Claim?
• Choosing A Solicitor
• Pre-Action Protocols For Personal Injury Claims
• Getting Evidence To Support Your Claim
• Gathering Medical Evidence To Support Your Claim
• How Your Settlement Is Negotiated
• Court Cases Below £25,000
• Out Of Court Settlements
• What Is Compensation And How Is It Calculated?
• What Happens When You Make A No Win No Fee Claim?
• Start Your Claim
• Learn More About How Injury Claims Work
• FAQs On What Happens When You Make A Claim

A Guide On What Happens When You Make A Claim

In this guide, we will aim to give you as much information as we can about the process of claiming for an accident or injury that was caused by a breach of duty of care. To begin with, we will look at what a personal injury claim is and when you might be eligible to make one.

Next, we will look at how you can choose a personal injury solicitor to work on your case. We’ll also examine how you can begin the personal injury claims process and how you can negotiate for a settlement that you feel is fair.

Furthermore, we will look at the different things your compensation could cover when you make a personal injury claim. We’ll also examine the different kinds of evidence that you may need to provide to support your claim.

To conclude, we’ll look at No Win No Fee agreements. We’ll examine the benefits that they can offer to claimants who want to fund legal representation for their compensation claim.

Our team are available 24/7 to handle your enquiries about how to claim. Even if you do choose to get in touch, there’s no obligation for you to continue with a claim. But if you do want to pursue your claim, then we can connect you with one of our solicitors to represent you.

What Is A Personal Injury Claim?

If you’ve been injured in an accident that wasn’t your fault, you may be able to claim compensation for your injuries and the financial impact that they have had on you. You could do this through a personal injury claim.

In order for you to make a personal injury claim, it is not enough that you are injured. You also need to prove that your injury came about because someone who had a duty of care towards you breached this duty, and you were injured as a result.

What is a duty of care?

There are a number of different scenarios where you’re owed a duty of care. For example, all road users owe one another a duty of care. Road users are expected to act in a way that ensures the safety of everyone on the road and follow the guidance in the Highway Code. If this duty of care is breached and you’re injured as a result, you may be able to claim.

Furthermore, you may be involved in an accident at work because your employer failed to take all reasonably practicable steps to ensure your safety. Their duty of care is outlined in the Health and Safety at Work etc. Act 1974. If they breach this duty of care and you’re injured as a result, you may be able to claim.

Similarly, you’re owed a duty of care while you’re in public by the person in control of the space. This person (known as the “occupier”) needs to adhere to the Occupiers’ Liability Act 1957 and extend the same duty of care to all visitors. If they do not do this and you’re injured as a direct result, you could be owed compensation.

If you’ve been injured in an accident that was not your fault because someone else breached the duty of care they owed you, speak to our team today to start your claim. Or you can read on for more information about what happens when you make a claim.

Choosing A Solicitor

When you make a personal injury claim, you may choose to have a solicitor represent you in your claim. There’s no legal requirement to do this, and you can claim compensation on your own. However, you may find that the guidance and knowledge of an expert personal injury solicitor help you get more money from your claim.

Many people assume that they need to pick a solicitor in their local area to represent them. However, this isn’t always the case. For instance, our solicitors offer a nationwide service, which means we can help wherever in the country you are.

You may find reviews to be helpful when choosing legal representation. Our review page includes testimonials from past claimants that may be of use to you.

It’s important to keep in mind that you’re not obliged to go with a particular solicitor for any reason. For example, you might receive a phone call from someone offering to represent you in your claim; however, you’re not required to go with them just because you have been approached by them.

Pre-Action Protocols For Personal Injury Claims

In order for the claims process to begin, you will need to carry out certain steps. If the claim is of a low value, then it would be put on the claims portal and a Claim Notification Form would be filled out and sent to the defendant.

If it’s not a low-value claim, then a letter of claim will be sent to the third party. This will notify them of your intention to claim.

Notifying The Defendant

Within the letter of claim, you will be expected to include:

• A clear summary of the facts of the claim
• The nature of any injuries sustained (both physical and mental)
• The value of any financial losses that you are looking to claim back
• Sufficient detail so that the defendant will be able to assess whether or not they are liable for the incident

You’ll usually send two copies of your letter of claim. One of these will be sent to the defendant, and the other should be passed on to their insurance company. The letter of claim should be passed on to the insurance company as soon as possible and no more than 7 days after being received by the defendant.

Getting Evidence To Support Your Claim

When you make a personal injury claim, it’s vital to the success of your claim that you provide evidence. You’ll need to provide proof that the accident in which you were injured was caused by a breach of duty of care. Furthermore, you’ll need to prove that you sustained the injuries that you are claiming for.

If you choose to work with a personal injury solicitor, then they can help you to collect evidence to support your claim. Some things that you might provide to show that the accident was caused by negligence could include:

• • CCTV footage that shows the accident happening
  • Photographs of the hazard that led to the accident, for example, a wet floor with no sign
  • A report from an accident book

• The details of witnesses who could provide statements
• Dashcam footage

If you’ve got any more questions about what happens when you make a claim, please don’t hesitate to speak to our team for more information. Otherwise, you can read on for some more information about the medical evidence that could impact the amount of compensation you receive.

Gathering Medical Evidence To Support Your Claim

As well as proving that the accident occurred as a result of negligence, you also need to prove that you were injured in the way you are claiming for. Because of this, it’s important to have medical evidence to support your claim.

This is one of the reasons it is so important that you seek medical attention after being involved in an accident. The medical reports that are generated when you go to the doctors or hospital could provide evidence to support your claim.

Furthermore, you will usually be invited to a medical assessment as part of the claims process. Here, an independent expert will examine your injuries and confirm that they happened as a result of the accident you were involved in. They will also compile their findings in a report which will be used to determine the value of your claim.

In addition to this, they will also detail their prognosis in this report. This will include how long your symptoms are likely to affect you and any treatment you might need. This could support your claim for the financial impact your injuries have had, as you may need to pay for expensive treatment or make adaptations to your property to cope.

How Your Settlement Is Negotiated

Negotiations on how much compensation you receive will be carried out in the pre-court stage. Usually, both parties will want to settle out of court. This is because going to court can be costly.

You won’t generally meet directly with the defendant to negotiate an offer. If you choose to work with a solicitor, they will meet with the defendant’s solicitors in order to come to an agreeable outcome. However, it will always be entirely up to you whether to accept a settlement offer or not.

In many cases, personal injury claims are settled in this pre-court stage. Sometimes, however, the two sides cannot agree on an appropriate settlement, and the case goes to court.

Court Cases Below £25,000

If your claim is worth less than £25,000, it will generally be put through a fast-track system. This system means that the claim should be heard in court within 30 weeks of the case being allocated. Once the case goes to court, the trial will usually not last longer than a day.

In the period of time before the case goes to court, the claimant and defendant will let each other know what evidence they will present. There may be an opportunity for the case to be settled before going to trial.

If the claim is worth £25,000 or more, then this fast track system will not be appropriate. This is because there are likely to be complications or expert witnesses that could increase the amount of time the claim takes.

In these situations, the court will issue a general timescale for the claim. This enables everyone involved in the process to be aware of key dates going forward.

Out Of Court Settlements

In some cases, there may be a dispute that cannot be resolved between the two parties about who was to blame for the accident, and in these cases, court proceedings will be unavoidable. It is always possible, and indeed very common, for a case to be settled before a court trial begins.

When you attempt to settle a claim out of court, you or your legal representative will meet with the defendant’s representatives in an attempt to come to an agreement. You should be kept informed of any offers that the defendant makes to you. It will always be your choice whether or not to accept an offer, but if you use a solicitor, they may offer you advice.

What Is Compensation And How Is It Calculated?

Compensation is the official term for the money that you receive as a result of your claim. Personal injury compensation is not a fine or a punishment for the person at fault for the accident; instead, it’s an attempt to return you to the position you were in before the accident as much as possible.

Compensation in a personal injury claim can be made up of two “heads” of claim. These are general damages and special damages.

General damages are the part of your compensation that covers you for the physical and psychological impact that your injury has had on you. It can be worked out with the help of the report from your medical assessment and guidelines from the Judicial College.

Special damages relate to the other expenses that arise due to your suffering. This might include things like a loss of earnings if you have needed to take time off work. Additionally, they could cover any home or vehicle modifications that you need to cope with your injuries.

The table below provides some examples of what you could claim in general damages for a wide variety of injuries. These estimates come from the Judicial College. However, if you don’t see your injury listed, don’t worry; just give us a call, and we can value your claim.

What Happens When You Make A No Win No Fee Claim?

Now that we’ve looked at what happens when you make a claim let’s take a closer look at how you could fund legal representation for the claims process. You can use something called a No Win No Fee agreement to do this.

A No Win No Fee agreement is a contract between your solicitor and you. It sets out the conditions that you need to meet before you pay your solicitor for their representation.

With a No Win No Fee agreement, you won’t be asked to make any upfront or ongoing payments to your solicitor. And if your claim is not successful, you won’t have to pay them anything at all.

If your claim is successful, then your solicitor will take a success fee from your compensation. This is legally capped and ensures that you always get the majority of the compensation awarded to you.

If you would like to know more about claiming on a No Win No Fee basis, speak to a member of our team today. We’ve included our contact details in the section below.

Start Your Claim

We hope you now have a good understanding of what happens when you make a claim. If you would like to know more, or if you would just like more information on the claims process, you can:

• Telephone us on 0800 073 8804;
• Message us by using our contact form;
• Drop us a quick message via our Live Chat.

Keep in mind that our advisors are available 24/7 to handle your potential claim. Furthermore, there’s no specific obligation for you to progress with your claim even after speaking to us.

Learn More About How Injury Claims Work

If you want more information about what happens when you make a claim, the links below will prove useful. And they provide a combination of external sources and other articles that we have containing further claims guidance.

We look at how you can make a claim after you suffer an accident at work on this page.

We also have a page that answers frequently asked questions about car accident claims.

Furthermore, in this guide, we look at how you could make a medical negligence claim against the NHS.

This NHS page looks at when you should go to A&E.

If you want to claim on behalf of someone who cannot claim themselves, then this page on litigation friends might help.

Find out what kinds of injuries at work are reportable to the Health and Safety Executive.

FAQs On What Happens When You Make A Claim

How long after an accident can you make a claim in the UK?

You generally have three years to start a personal injury claim after an accident, but this can vary depending on your circumstances. Call our team today to find out what exceptions could apply.

What happens if I lose my personal injury claim?

If youR personal injury claim is unsuccessful with a No Win No Fee agreement, you won’t pay your personal injury solicitor’s legal fees. However, you would not receive any compensation for your injuries.

If I get injured at work, do I get paid?

You could receive Statutory Sick Pay (SSP). Check online to see if you’re eligible.

Thank you for reading our guide that explains what happens when you make a claim.

Written by Armstrong

Checked by Stocks