Personal Injury Claim Against Employer? How Much Compensation – 2021 Update
By John Bowes. Last Updated 29th March 2021. Welcome to our guide on pursuing a claim against an employer. Accidents happen all the time. Even accidents in the workplace are not uncommon. According to the latest statistics from the Health and Safety Executive, 693,000 injuries were suffered in the workplace during 2019/2020. However, that is not to say that these injuries were caused by negligence. In order to claim against your employer, you need to be able to prove they acted negligently, causing your injury or illness.
Suffering from a work-related injury or illness can be traumatic for even the most capable individuals, especially if the injury was not your fault. If you suffered your injury through the fault of your employer, then you could be eligible to make a personal injury claim against an employer.
Our No Win No Fee solicitors can take on your case for your personal injury claim against your employer. Call our advisors today to receive free advice through a no-obligation consultation where you can ask as many questions as you need to. Call 0800 073 8804
Select a section:
- A Guide To Making A Personal Injury Claim Against An Employer.
- What Are Injury Claims Against Your Employer?
- Claiming Compensation For An Accident That Was The Fault Of Your Employer.
- What To Do Next If You Decide To Make Personal Injury Claims Against Your Employer.
- Common Injuries Sustained At Work.
- Judging The Severity Of An Injury Caused By Your Employer.
- How To Begin Personal Injury Claims Against My Employer.
- What Can Be Claimed For?
- How Much Compensation Will I Get From My Employer? – Updated March 2021
- No Win, No Fee Work Accident Claims.
- Why Choose Us For Your Claim Against Your Employer?
- Call For Free Advice And To Start A Claim.
This comprehensive guide will provide you with information about the claims process for making a claim against your employer, detailing the steps you will need to take and advising you about how your claim could proceed.
It will provide you with important and relevant information, such as how much compensation you could receive for your claim, how to begin the process of making your work accident claim against your employer, and why No Win No Fee solicitors may benefit you.
We will also try to answer the following questions;
- Can I claim against my employer for stress?
- What is a personal injury claim against my employer?
- Can I make a mental health personal injury claim against my employer?
- Are personal injury claims against employers different from employment tribunal claims?
- Can you sue a former employer?
A work accident claim is a type of personal injury claim that concerns an accident which occurred whilst under the employment of another person or company. However, you will only
be able to make a work accident claim against your employer if they can be considered responsible for your injury.
if you slip and fall whilst at work in an office — perhaps due to a lack of signage warning you of any risks – then you could potentially make a work accident claim if you have suffered an injury. In this situation, the accident may have happened through the fault of your employer. This makes your employer potentially responsible for your injury and potentially liable for the payment of compensation for the injury you suffered.
The Heath and Safety At Work etc Act 1974 places a duty of care on employers to ensure that employees health and well being is protected as far as reasonably possible while in the working environment. If employers do not adhere to such legislation and an employee is harmed they could sue their employer. We are often asked ”can I sue a former employer?” The simple answer is as long as you are within the limitation period and the injury was caused by employer negligence you could have a valid claim against your employer.
Many people worry that they may be sacked for claiming against their employer. However, there are laws in place which prevent employers from disciplining employees for making a claim. An employer will have insurance in place to cover the cost of any claim made against them.
If you are considering making a work accident claim against your employer, your ability to claim compensation for your accident is intrinsically linked to the concept of negligence.
While the amount of compensation that you could receive as the result of your claim depends heavily on the severity and the type of your injury, whether your claim can be considered legitimate depends on how responsible your employer was for your accident. This, in turn, depends on whether the employer acted in a negligent manner.
For your employer to have acted in a negligent manner, they must have failed to adhere to health and safety standards. The Health and Safety Executive, a UK government agency essentially governs workplace safety. This in turn not only encourages employers to act responsibly but enforces workplace safety legislation.
There are many different accidents and injuries that could happen in the workplace. In 2019/20 alone 1.6 million people suffered a work-related illness, such as stress. These figures conclude that neither a workplace illness nor injury is uncommon in the working environment. What the figures do not tell us is whether any of the accidents were caused through negligence,
This duty of care covers measures such as;
- Completing risk assessments of your task,
- Providing training to complete tasks, and
- Clearly defining the limits of your job.
If your employer has failed in any of these responsibilities then they could be considered responsible for any injury that occurs as a result.
If you have been involved in an accident at work which you consider to be the responsibility of your employer, then there are steps you can take if you are considering a claim against your employer. If more than three years have passed since your accident, you could be in breach of the accident at work claim time limit and thereby not eligible to claim compensation. However, there are exceptions please call our advisors for more information.
If you are eligible to make a claim, you will initially need to begin gathering evidence in support of your case. If you are unsure what evidence you could use to support your claim, the following steps can be seen to be a basic set of guidelines for the sort of evidence you could use:
- You will need evidence that supports your claim that the accident happened in the first place. The most common evidence that people use to support this is the record of the accident book. However, if you made no record of the accident, you could potentially use witness testimony. Or even CCTV footage if you are able to access it.
- You will need to find evidence that your employer was responsible for the accident in question. This evidence could take a number of different forms. For example, you could cite an ignorance of health and safety standards or highlight how you were improperly trained.
- You should ensure that you have evidence in support of the severity of your injury. The most common evidence used in this case is your medical records.
Once you have gathered together this evidence, you can begin to lay the foundations for your claim.
Any types of injury can happen in the workplace as the working environment is hugely diverse. And it is not just limited to injuries that you can make a claim against your employer. Illness and well as stress can also form the basis for a personal injury claim against an employer. A frequent question we get asked is ” can I claim against my employer for stress?” If you have suffered stress at work because your employer has failed to act on your complaints of stress then you could have a valid case.
Common scenarios of accidents at work;
- According to the Health and Safety Executive, the most common non-fatal accident at work was slip, trip and falls from the same height. Slips at work could cause injuries to the hand, back, head any part of the body which is impacted. They could be caused due to wet floors without the appropriate signage.
- Struck by a moving vehicle is also a common accident at work. This could cause all kinds of different injuries from bruises to fractured bones.
- Struck by a moving object, as with above injuries caused by a moving object, possibly an object falling from a shelf could cause head injuries.
Can I Claim Against My Employer For Carpal Tunnel?
Can you claim against your employer for carpal tunnel is a question we are often asked. It all depends on the circumstances surrounding the injury. Health and safety will be looked at very closely here when determining if someone has a claim. To find out if your carpal tunnel injury could be claimed for call our advisors today.
Work-related injuries can be diverse. There are so many different types of injuries, that discussing such an injury with a solicitor might be the best way in which to establish whether you have a claim.
To discuss making a claim against your employer for upper-limb disorders, please get in touch with our personal injury claims team.
If you decide to make a work accident claim against your employer, you will quickly learn that your compensation directly correlates to the severity and type of injury that you have suffered. Also combined with that is any losses and expenses you have incurred because of your injuries.
When making a compensation claim it will be divided into two heads of loss. General damages and special damages. General damages will look at the pain and suffering of your injuries as well as the loss of amenity. To know how much to claim for your injuries you will likely be asked to see an independent medical specialist. They will examine you and ask you questions in regards to your suffering. They will compile a report for your solicitor if you have chosen to use one. The solicitor will use this report to come to a value for the injury you have suffered. Special damages will look at recuperating any losses and expenses you have incurred because of your injury.
If you would like to know what can be included in your claim please call our advisors today. Through a free consultation they can inform you of the damages you may be able to claim for.
The process of beginning your work accident compensation claim can be a daunting one, especially if you are dealing with the common stresses that come with suffering from unexpected illness or injury. However, the accident at work procedure can be simplified if you decide to use a personal injury solicitor to work on your case for you.
As previously stated in this guide, the first step should be to gather the evidence needed to support your work accident claim. This evidence could include things such as a record of the accident in the Accident Report Book or gathering images from the accident scene and also images of your injuries. Your solicitor could request your medical records and use these as evidence too,
It is not a legal requirement to have a solicitor represent your case however they have the knowledge and experience needed to file the case correctly. They will know which supporting legislation to use and how much time before the case is statured barred. Personal injury solicitors will have the capabilities to gather the correct supporting evidence so your case has a very good chance of a successful outcome.
To learn more about making a claim against an employer, please continue reading.
As we have discussed previously in this guide your claim against your employer will be made up of two heads of loss. General and special damages. Compensation is not only to compensate you for the suffering caused by your injuries but also any financial losses or expenses you have experienced. This is so you can be put back into the financial position you were in before the incident took place.
General damages – including unspecified damages such as emotional suffering as a result of the injury, any effects that long-term pain has upon your life.
Special damages – relate to financial losses stemming from the accident, both past and future.
- Loss of earnings
- The cost of home-care required by your injury, and damage to your property such as your vehicle, if you were involved in a vehicular accident.
- Medical costs – including the cost of medical tests and treatments either not covered by the NHS or sought from private healthcare providers.
- Travel costs – including the cost to travel between your home and hospital appointments and any other travel costs incurred.
Our advisors are on hand 24 hours a day 7 days a week. No question is too big or too small. Call us today for free legal advice.
Personal injury claims include two heads of loss. Special and general damages. General damages will be covered in this section, They cover the compensation for the pain and suffering. The compensation you could receive generally depends on the type and severity of any injury or illness.
If you would like to have a rough estimate as to how much compensation you could receive for your injury, we have provided a table below. It has compensation bracket amounts in courtesy of the Judicial College. This should only be taken as guidelines. They are not definitive.
|Type of Injury||Severity of Injury||Description of the Injury||Compensation|
|Brain Damage||Very Severe Brain Damage||How much compensation awarded may be based on what their life expectancy may be, what their limitations are and if they require help with feeding.||£264,650 to £379,100|
|Brain Damage||Moderately Severe Brain Damage||The claimant will have a better prognosis than the category above. Compensation is awarded based on the same factors as above.||£205,580 to £264,650|
|Epilepsy||Established Grand Mal||Single type of injury compensation is awarded for.||£95,710 to £140,870|
|Psychiatric Damage Generally||Moderately Severe||The outlook is more positive than the most severe degrees of injury, but these are still very serious types of injury.||£17,900 to £51,460|
|Injuries Affecting Sight||Total Loss of One Eye||Where one eye is lost but the other eye is not affected. Compensation may be based on cosmetic appearance and other factors.||£51,460 to £61,690|
|Deafness/Tinnitus||Mild tinnitus with some NIHL||A mild degree of injury to the ears.||£11,820 to £13,970|
|Chest Injuries||Damage to chest and lung(s)||Chest and lung injuries which leave the claimant with a degree of disability.||£29,380 to £51,460|
|Back Injuries||Severe||This is the most severe degree of injury to the back. It could affect the spine.||£85,470 to £151,070|
|Shoulder Injuries||Moderate||A common injury such as a frozen shoulder could present as a moderate degree and be awarded a settlement in this range.||£7,410 to £11,980|
|Injuries to the Pelvis and Hips||Lesser Injuries||Whislt the claimant may have suffered a significant injury, there should be no disability.||£3,710 to £11,820|
This table only covers general damages special damages are separate.
One of the most common challenges that could arise from your work accident claim is the issue of legal costs. All the personal injury solicitors that we provide work to a No Win No Fee basis. Any claimant regardless of their financial state has the opportunity to have a legal representative pursue their case on their behalf.
A No Win No Fee’ policy is one in which you do not pay any fee upfront. You do not pay any fee while the case is in progress either. And if the case fails you pay nothing to your solicitors. Only if the case wins do we take a small percentage of your payout. The percentage is capped by law.
Our workplace accident claim solicitors have years of experience dealing with all different types of claims for accidents at work. They have the knowledge and industry credentials to ensure that if you have a valid claim you receive the right amount of compensation.
Our No Win No Fee service means that you are not required to pay anything to have your claim started. Even if the case takes many months to conclude you still do not have to pay anything until compensation has been received. Before we agree to take your case on we provide a free consultation to have your case assessed. Only if it has merit will we pursue your case so we do not waste your time.
We are available 24 hours a day and 7 days per week. If you have any questions all you have to do is call us.
You can begin the process of your claim with the contact form on our website or by calling 0800 073 8804 now. Our advisors are waiting to take your call. They will answer your questions to the best of their ability. If you want to make a claim against your employer contact us today.
Work-Related Stress Claims – Find out how to claim damages for work-related stress by heading here.
Claim Against Employer FAQ
In this final section, we’ve included answers to some frequently asked questions when it comes to making a claim against your employer.
Can I be sacked for claiming against my employer?
There’s nothing to stop an employer sacking you for making a claim against them. However, it is illegal for them to do so. By law, all employers must have employers’ liability insurance, which protects both themselves and their employees in the event of an accident. The purpose of this is to give employees the confidence to recover the compensation they deserve and for employers to not suffer difficult financial implications. If your employer takes action against you for making a personal injury claim for an accident at work, you could have further grounds to claim against them under employment law, such as for unfair dismissal.
How long do you have to work for a company to take them to a tribunal?
This question is linked to the above. If your employer does take action following you submitting a personal injury claim against them, for you to take action under employment law, you need to have been employed for a minimum of 2 years, either on a full-time or part-time basis.
Thank you for reading our guide to making a claim against an employer.