Personal Injury Claim Against Employer? How Much Compensation
By Daniel Archer. Last Updated 12th May 2022. This is our updated guide to personal injury claims against employers.
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. 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 your employer’s fault, 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 for more information about personal injury claims against employers.
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.
- Personal Injury Claim Against Employer FAQ
This comprehensive guide to personal injury claims against employers will provide you with information about the claims process for claiming 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.
What questions can you answer about personal injury claims against employers?
This guide will be answering a whole host of common questions about these claims. And they include the following;
- 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?
What are personal injury claims against employers? A work accident claim is a type of personal injury claim that concerns an accident that occurred whilst under the employment of another person or company. However, you will only
can 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 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 are 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. Company owners have insurance in place to cover the costs of any personal injury claims against employers.
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 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 negligently.
For your employer to act with negligence to instigate personal injury claims against employers, 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.
Some many different accidents and injuries 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, they could be considered responsible for any injury resulting. Contact us today to learn more about personal injury claims against employers.
If you have been involved in an accident at work that you consider to be your employer’s responsibility, 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 to the 3-year time limit. So, please call our advisors for more information.
Personal injury claims against employers will need some supporting evidence. If you are eligible to make a claim, you will initially need to begin gathering evidence supporting your case. If you are unsure what evidence you could use to support your claim, the following steps are basic guidelines:
- 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 can access it.
- You will need to find evidence that your employer was responsible for the accident in question. This evidence could take several 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.
What are common reasons for personal injury claims against employers? Any injury can happen in the workplace as the working environment is hugely diverse. And it is not just limited to injuries that you can claim against your employer. Illness and well 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 stress complaints, 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 the 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 a carpal tunnel? This is a question we often hear. It all depends on the circumstances surrounding the injury. Health and safety are crucial when determining if someone has a claim. To find out if your carpal tunnel injury is claimable, please 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 to establish whether you have a claim.
To discuss making a claim against your employer for upper-limb disorders, please contact 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 you have suffered. Also combined with that is any losses and expenses you have incurred because of your injuries. Settlements in personal injury claims against employers should take all of these into account.
When making a compensation claim, it consists of 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 must 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 to include in your claim, please call our advisors today. Through our free consultation, they can inform you of the damages you may be able to claim.
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.
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 a record of the accident in the Accident Report Book or gathering images from the accident scene and 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 to initiate your case. 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 personal injury claims against employers, please continue reading.
Your claim against your employer consists of two heads of loss: general and special damages. Compensation is to compensate you for the suffering due to your injuries and any financial losses or expenses. This is so you can return to your previous financial position before the incident.
General damages – including unspecified damages such as emotional suffering resulting from 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 company car 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 about personal injury claims against employers.
Personal injury claims include two heads of loss. Special and general damages. General damages are 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 of how much compensation you could receive for your injury, we have this table below. It has compensation bracket amounts courtesy of the Judicial College. These are only 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.||£282,010 to £403,990|
|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.||£219,070 to £282,010|
|Epilepsy||Established Grand Mal||Single type of injury compensation is awarded for.||£102,000 to £150,110|
|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.||£19,070 to £54,830|
|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.||£54,830 to £65,710|
|Deafness/Tinnitus||Mild tinnitus with some NIHL||A mild degree of injury to the ears.||£12,590 to £14,900|
|Chest Injuries||Damage to chest and lung(s)||Chest and lung injuries which leave the claimant with a degree of disability.||£31,310 to £54,830|
|Back Injuries||Severe||This is the most severe degree of injury to the back. It could affect the spine.||£91,090 to £160,980|
|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.||£7,890 to £12,770|
|Injuries to the Pelvis and Hips||Lesser Injuries||Whislt the claimant may have suffered a significant injury, there should be no disability.||£3,950 to £12,590|
This table only covers general damages; special damages are separate. Our compensation calculator for personal injury claims against employers is up-to-date for 2021.
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 on a No Win No Fee basis. Regardless of their financial state, any claimant 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 also has a legal cap.
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 you receive the right amount of compensation if you have a valid claim.
Our No Win No Fee service means that you don’t have to pay anything to start your claim. Even if the case takes many months to conclude, you still do not have to pay anything until you receive compensation. Before we agree to take your case on, we provide a free consultation to assess your case. 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 about personal injury claims against employers, 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 claim against your employer, contact us today.
Work-Related Stress Claims – Find out how to claim damages for work-related stress by heading here.
Back Injury Claims – A useful guide on claiming compensation for a back injury.
In this final section, we answer some common questions about claiming against your employer.
Could I lose my job for claiming against my employer?
There’s nothing to stop an employer from 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 not to 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 links to the information 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 must have a record of being an employee for a minimum of 2 years, either on a full-time or part-time basis.
Could I claim for stress and other effects on my mental health after an accident at work?
Employers have a duty of care towards your physical and mental health. If you can show that you have suffered psychiatric harm, such as work-related stress and other associated injuries, you could make a personal injury claim because of your employer.
Do I still receive pay if I suffer an injury at work?
If you suffer an injury in the workplace, you may be eligible for sick pay, statutory sick pay and other benefits. You could also be seeking compensation from the employer. Remember, compensation for an injury at work comes from the employer’s insurance provider.
How much do you get for an injury at work?
Your compensation award depends upon how serious the injury is and what the injury is. We have information on how much you could get for various injuries in our compensation table above.
What are some top tips for personal injury claims against employers?
If you’ve suffered from a personal injury at work that was caused by your employer’s negligence, then you have the right to make a claim against them. There are certain procedures to follow that can increase your chances of success.
Firstly, it’s vital that you start your claim within 3 years of your injury being sustained; as per the Limitation Act 1980. If this time limit expires, you may find yourself unable to claim. However, some instances mean you could have longer than 3 years, so get in touch with us to find out if any exceptions apply to your specific case.
When seeking compensation from your employer, claims have the potential to fail if you have no evidence. You will need to provide evidence that you were injured in the workplace and that your injuries were caused due to your employer’s negligence.
Certain stages in the process of making a claim can be made easier with the assistance of a legal professional such as a personal injury solicitor. We advise you hire a lawyer if you are unfamiliar with the procedures involved in seeking compensation. Get in touch with us today and we could assign a No Win No Fee lawyer to you to help with your case, provided you have a valid claim.
How long does a claim take?
A personal injury compensation claim such as this could last between 12-18 months to reach its conclusion from start to finish.
Should I take the first settlement offer?
The first offer is rarely the maximum potential offer, so that we would say no.
How long does it reach for me to receive my settlement?
This comes within 28 working days of the agreement between both parties.
Workplace injury statistics
The latest Health and Safety Executive statistics available at the time of writing report on workplace injuries suffered in 2019/ 20. 693,000 people suffered non-fatal workplace injuries. The graph added here also shows some of the common causes of these injuries.
Thank you for reading our guide to claiming against an employer. We hope you now know more about how personal injury claims against employers work.