Accident At Work Claims

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Accident At Work Claims Guide | How Much Compensation Can I Claim?

By Mary Hightown. Last Updated 5th August 2022. Nobody expects or wishes to suffer an injury at work. When they do, it could be possible to make an accident at work compensation claim. This is what we’ll consider in this guide.

Below, we’ll answer questions about how to claim compensation, what your settlement may include and how it may be calculated. We’ll also explore what evidence you could gather to provide in support of your accident at work claim. Also, we’ll look at the benefits of using a No Win No Fee workplace injury solicitor.

Additionally, we’ll help you better understand whether you’re eligible to claim by exploring your rights in the workplace and your employer’s duty of care.

Furthermore, we’ll provide accidents at work examples of how an employer could act negligently. We’ll also provide examples of the injuries someone could sustain in different workplace accidents.

Our guide will also provide information on the personal injury claim time limits and any exceptions that may apply. Factors like this can be crucial to you being able to receive workplace negligence compensation.

Although we have aimed to cover the information you need, we understand you may have questions after reading. If so, our team is available 24/7 to provide you with free legal advice.

They can answer any questions you may have regarding your claim and could assess your case to determine whether you’re eligible to seek compensation.

For more information, get in touch by:

Calling 0800 073 8804
Filling out our online contact form with your query
Chatting with our specialist solicitors now using our live chat function

Explore The Sections On Accident At Work Claims Below

What Is An Accident At Work Claim?
Accidents At Work Examples
Recording And Reporting Workplace Accidents
Accident At Work Claims – How To Claim For An Accident At Work
Are There Time Limits For Putting Forward An Accident At Work Claim?
Accident At Work Compensation Examples
No Win No Fee Accident At Work Compensation Claims
Start Your Claim For Work Injury Compensation
Additional Guides And Further Resources

What Is An Accident At Work Claim?

An accident at work claim could be made if your employer acted negligently by failing to uphold their duty of care to prevent you from sustaining harm. As per Section 2 of the Health and Safety at Work etc. Act 1974, all employers are responsible for taking reasonable steps to ensure their employee’s safety.

Each employer’s duty of care may vary depending on the nature of the work, but generally, their responsibilities might include:

Providing adequate training
Providing the correct equipment
Ensuring any equipment is safe and fit for purpose
Putting in measures to prevent discrimination in the workplace
Carrying out regular risk assessments to address any hazards
Removing or controlling the risk of any hazards they become aware of

If you have been injured at work because your employer failed to uphold their duty of care, you could claim compensation by pursuing a workplace injury claim.

For more information, you can call our team on the number above. Alternatively, continue reading for examples of how an employer could breach the duty of care they owe you.

Accidents At Work Examples

Many different accidents can happen in the workplace. In some cases, it may not have been anyone’s fault. In these cases, an employer may not be held liable for the accident.

Instead, employers are only held responsible if an accident was caused by their failure to uphold their duty of care resulting in an employee sustaining harm.

In the sections below, we have included some examples of accidents where an employer may have acted negligently and the injuries an employee could sustain as a result.

If you have experienced a similar accident or would like to discuss your accident at work claim in more detail, call our team. You can discuss your potential workplace negligence compensation claim at a time that works for you using the above details.

Slips, Trips And Falls In The Workplace

Slips, trips and falls in the workplace could happen for various reasons. For example, your employer may have failed to carry out regular risk assessments on workplace equipment to ensure it was safe to use. As a result, someone may have fallen from a height and broken their leg after using a faulty ladder.

Alternatively, your employer may have failed to take steps to control the risks of hazards in the office. For example, they may have left wires strewn across the office causing an employee to trip over and fracture their wrist.

Industrial And Occupational Diseases

In some workplaces, employees are required to work with dangerous substances that put them at risk of experiencing occupational diseases. It’s your employer’s responsibility to put measures in place to either control or remove the risk of the hazards these substances may pose.

For example, if you regularly work with chemicals that have a risk of causing irritation to the skin, your employer should provide protective gloves to control the risk. If they fail to do so, you could develop occupational dermatitis.

Another example would be if you developed lung disease from asbestos exposure after working on building sites without sufficient protection for a long period of time.

In these cases, you may be able to make an accident at work compensation claim.

Manual Handling Accidents

Your employer has a responsibility to provide you with adequate training to perform your job correctly and safely. If they fail to do so, you could sustain harm.

For example, your employer may have failed to provide you with relevant training to lift heavy stock safely. As a result, you may have strained a muscle in your back in a manual handling accident.

Violence In The Workplace

According to the Health and Safety Executive (HSE), there were 688,000 incidents of violence at work in 2019/2020. Around 299,000 were incidents of assault and 389,000 were incidents where someone had been threatened.

If an employer has been made aware of one employee threatening another employee, they must take reasonable steps to address the situation. Failing to do so could mean the threatened employee is at higher risk of experiencing violence at work due to their employer’s negligence.

If your situation is different to the accident at work examples we have included, call our team. They can discuss making an accident at work compensation claim following a similar or different incident.

Slips, Trips And Falls At Work

One of the most common causes of accidents at work compensation claims relates to injuries inflicted by slips, trips and falls.

According to the latest statistics published by the HSE, 33% of all workplace injuries are caused by slips, trips and falls. A further 8% of injuries were caused by falls from a height.

Therefore, around 41% of all injuries at work are caused by slips, trips and falls.

Accidents of this nature can happen in any workplace, such as offices, warehouses, factories or construction sites. The causes can range from cluttered walkways and trailing cables to a failure to clean up spillages.

Our team is well-versed in these types of claims and can help you recover accident at work compensation too. Just get in touch to learn more.

Learn More About Slip, Trip And Fall Claims

Recording And Reporting Workplace Accidents

According to HSE, there were 51,211 non-fatal injuries sustained by employees during 2020/2021 as reported by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences (RIDDOR).

There are certain injuries and accidents that must be reported under RIDDOR. For instance, deaths, specified injuries and occupational diseases.

This helps provide an insight into the nature of injuries and accidents that take place at work. Please note, not all accidents and injuries reported by employers were caused by negligence.

The graph below shows non-fatal injuries to employees by the most common accident kinds reported by employers under RIDDOR during 2020/2021.

As you can see, slips, trips and falls on the same level were the most commonly reported accidents by employers. Receiving accident at work compensation successfully will depend on whether your injury was caused by negligence. If it is, how much compensation for an injury at work you could receive will depend on factors including the evidence you can provide and the severity of your injury.

Accident At Work Claims – How To Claim For An Accident At Work

Workplace injury claims are made when someone is injured due to the negligence of their employer. However, you may be worried about the financial impact that a compensation for injury payout will have on your employer. Employers are required by law to have insurance as is set out in the Employers Liability Insurance Act 1969. This insurance means that employees can make a claim against their employer without worrying about the financial impact on the company.

How To Start A Claim For An Accident At Work

You may want to know how to claim for an accident at work. Below are some important steps you could take to improve the chances of a successful claim.

Get medical attention: Apart from getting some relief for your pain and suffering, getting medical attention also may provide a diagnosis and a record of the impact of your injuries. Medical evidence is likely to be important in the workplace injury claims process.

Records and other evidence: Photographs, records of the accident in the accident book and CCTV footage are some of the evidence you could collect to support your claim.

Get legal assistance: Although not required, legal assistance could make the claims process easier for you. Legal Expert solicitors can use their years of experience to help you make a successful claim and to get the correct compensation for injury out of the claims process. Our solicitors also offer their services on a No Win No Fee basis so that you only pay legal fees if your claim is successful.

Steps to prove an accident at work claim

In order to give yourself the best chance of a successful claim for an accident at work, you need to gather as much useful evidence as possible. This proof needs to establish that your injuries were caused by your employer’s negligence. This means you must be able to prove that your injuries would not have occurred if your employer had upheld the duty of care they owed you.

Below, we have included some examples of evidence you may find useful when making a workplace injury claim.

Video evidence – For example, your workplace may have CCTV cameras. The footage could contain proof that your injuries were caused by your employer’s negligence.
Photographs – Not only of your injuries, but also of the hazards that led to you being injured.
Witness contact details – If there were other people present during the incident that caused your injury, they may consent to having a statement taken. A solicitor can assist you with gathering these statements, as well as other forms of evidence.

If you’d like to know more about evidence gathering, then get in touch with our advisors today. We can also give you an estimate of how much compensation for an accident at work you could be awarded.

Are There Time Limits For Putting Forward An Accident At Work Claim?

Time limits apply to all types of personal injury claims, including claims for road traffic accidents, public liability and an accident at work claim. These time limits are set out in the Limitation Act 1980.

If you suffer an injury in a workplace accident, you have three years from the date of the accident to make an injury at work claim.

Alternatively, the symptoms of your injury may not be present straight away. In these cases, people may not be aware that they have suffered an injury or illness until sometime after.

For this reason, there is an exception meaning the three years will not start until the claimant becomes aware that their employer’s failings at least contributed to the injury or illness.

Are There Exceptions To The Three Year Rule?

There are exceptions that may apply to your accident at work claim in specific circumstances, such as:

Lack of mental capacity: If a person lacks the mental capacity to claim on their own behalf, the time limit is frozen. During this time, someone could apply to act as a litigation friend and claim on their behalf. This can include a parent, guardian or solicitor. If they recover their mental capacity and no one has made a claim on their behalf, they will have three years from the recovery date to claim themselves.
Child accident claims: If a person is under the age of 18 when the accident takes place, someone could apply to act as a litigation friend and pursue the claim on their behalf. Alternatively, they will have three years from the date they turn 18 to put forward the claim themselves.

For further information on the personal injury time limits, please get in touch on the number above.

How Long Does An Accident At Work Claim Take?

The time an accident at work claim takes to settle will vary depending on several factors, such as:

Whether the defendant admits liability
Whether further evidence is required
If the claim goes to court

Accident At Work Compensation Examples

We understand you may be wondering ‘how much compensation for an accident at work claim could I receive?’. However, it’s difficult to provide a definitive idea of what your claim may be worth.

Generally, though, general and special damages may make up your overall settlement package. Each takes a different aspect of your accident into consideration. General damages focus on providing compensation for your physical and psychological injuries.

In order to accurately calculate the value of your injuries, medical evidence may be used to determine the full extent of your condition. Additionally, you may be invited to attend an independent assessment to produce a current report on your injuries and the extent to which they’ve impacted your quality of life.

Accidents At Work Compensation – Claims Calculator

The calculation of the value of your accident at work claim falls with legal professionals. For general damages, they have a few different resources they can make use of when arriving at an appropriate figure. For instance, they will address any relevant medical evidence regarding your injuries.

In addition to this, they turn to a publication called the Judicial College Guidelines (JCG). The JCG, which was last updated in 2022, is made up of a variety of injury descriptions and how much their respective general damages payments could be worth.

We’ve included some entries in the table below. Remember, these figures are not a guarantee. For those who have been injured in accidents at work, the examples below are merely guidelines for the legal professionals responsible for valuing a general damages payment.

Injury Type	Additional Details	Example Compensation Award
Asbestos-Related Disease	(a) Cases of mesothelioma which causes severe pain and impacts on the person's function and quality of life.	£63,650 to £114,460
Deafness or Tinnitus	(d) Partial hearing loss: (i) A person may have experienced severe tinnitus and noise-induced hearing loss.	£29,710 to £45,540
Chest injuries	(b) A traumatic injury to the chest that caused permanent damage and reduced a person's life expectancy.	£65,740 to £100,670
Ankle Injuries	(c) Moderate: A fracture that leads to a less serious disability such as the person having difficulty walking on uneven ground or standing for long periods of time.	£13,740 to £26,590
Work-Related Upper Limb Disorders	(c) Cases such as carpal tunnel syndrome where symptoms are resolved within three years.	£8,640 to £10,750
Arm Injuries	(d) A simple forearm fracture.	£6,610 to £19,200
Injuries affecting sight	(h) A minor eye injury such as where someone has been struck in the eye and has been caused initial pain and had their vision temporarily affected.	£3,950 to £8,730
Post-Traumatic Stress Disorder	(d) Less severe cases where a full recovery is made within two years.	£3,950 to £8,180
Wrist injuries	(f) A minor displaced fracture.	£3,530 to £4,740
Head Injury	(e) Minor head injury that resulted in minimal brain damage. The award given will depend on factors such as severity and recovery time.	£2,210 to £12,770
Back Injuries	(c) Minor: (ii) A less serious strain or sprain that someone fully recovers from within two years.	£4,350 to £7,890

Reach out to our advisors today if you have any questions regarding the potential value of an accident at work claim. They could also potentially connect you with one of our expert accident at work solicitors to help you with your claim.

What Else Can Accident At Work Compensation Payouts Include?

As mentioned, your accident at work claim may also comprise special damages which allow you to claim back any past or future monetary losses. The losses incurred as a direct result of your injuries might include:

Medical bills, such as the cost of any prescriptions or physiotherapy
Loss of earnings, including loss of promotion or reduction in pension
Care costs, including for yourself or anyone else dependent on you
Home adaptations, such as changes to the structure of your home to make it more accessible

Please note, that you must provide evidence in order to claim back any financial losses under special damages. For instance, you could keep receipts to highlight any medical expenses or payslips to show any lost wages.

If you’re unsure whether you could factor financial losses into your claim for a work accident, get in touch with our team of advisors for free legal advice. Alternatively, if you have any further questions about how to claim compensation, our team could help.

No Win No Fee Accident At Work Compensation Claims

All of our solicitors work under No Win No Fee agreements, meaning there is no upfront cost to pay your solicitor.

It’s important to note that you have the option to pursue your accident at work claim without legal representation. However, when doing so your claim may incur costs as the claim proceeds, such as medical or court fees. Whereas, if you claim with a solicitor under the No Win No Fee agreement, the agreement covers these costs.

As well as avoiding upfront and ongoing costs, you won’t be asked to pay solicitor fees if your claim is successful. There will also be no hidden fees – any potential costs you could pay for your workplace injury claim will be clarified and agreed upon upfront.

If the claim is successful, you pay a small success fee with a legal cap. This is deducted from your compensation award. The success fee is in place to cover the work your solicitor has done on your case. However, your solicitor will discuss how the fee works before they begin working on your claim.

Most importantly, our solicitors have experience handling workplace injury claims so can help you get the compensation you deserve.

For more information, see below for how you could start your injury at work compensation claim with one of our solicitors today.

Start Your Claim For Work Injury Compensation

We’ve covered a wide array of information in our guide on making an accident at work claim. But perhaps you’re still wondering what work injury compensation you could receive. If you have any unanswered questions, our team could help.

An advisor can provide further clarification by answering any queries you have about accident at work compensation. For example, if you’re unsure whether your employer acted negligently, our team can assess your case to determine whether you have a valid claim.

Alternatively, you may be ready to proceed with an injury at work claim. If so, our team could connect one of our solicitors to begin working on your case if they feel it has a chance of success.