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Accident At Work Claim Scotland Guide – How Much Compensation For A Injury At Work In Scotland

How To Make An Accident At Work Claim In Scotland

If you have been injured because of an accident at work in Scotland that was not your fault, you could be entitled to claim compensation. Your employer is legally obliged to provide you with a safe and hygienic working environment, this is especially the case if you work in a potentially hazardous industry such as construction or engineering. Therefore, if you were injured at work because of a work accident that was caused by negligence on the part of your employer, you could be entitled to claim compensation for your injuries.

Accident at work claims Scotland guide

Accident at work claims Scotland guide

Trust Legal Expert to handle your compensation claim. Our excellent accident at work solicitors cover the whole of Scotland. And could help you to make an accident at work claim in Scotland. Whether you experienced an accident at work in Edinburgh, accident at work in Glasgow, accident at work in Dundee, an accident at work in Aberdeen or a workplace accident anywhere else in Scotland, we could help you claim the compensation that you are entitled to.

To begin your claim for an accident at work in Scotland, call Legal Expert today on 0800 073 8804 for your free consultation. If you have been injured or made ill because of negligence on the part of your employer, we have excellent personal injury solicitor who could handle your case. Our solicitors will always fight to win you the maximum amount of compensation that you are entitled to, and will work on a no win no fee basis. Call us today to talk about claiming compensation for an accident at work. We’re looking forward to hearing from you.

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A Guide To Accident At Work Claims In Scotland

As we have already stated, in Scotland your employer is obliged to provide you with a safe environment in which to work. If there is a health and safety hazard, your employer is obliged to apply control measures to get rid of this hazard, for example, fixing a broken floorboard or apply processes to minimise the risk, for example, giving employees proper training about how to engage in manual handling activities safely, or providing personal protective equipment (PPE) to protect employees when they are working with hazardous substances. If an employer fails to do so this is defined as negligence. If an employee is injured as a result of their employer’s negligence, the employee would have the right to sue their employer for workplace injury compensation.

These principles are codified in the Health And Safety At Work Act of 1974. There are also other health and safety regulations in Scotland that determine best practices for different industries and industrial processes.

In this guide to making a compensation claim for an accident at work in Scotland, we will explain what your employee workplace safety rights are. We will also explain what you should do if you have an accident at work and share some common accidents at work examples with you. We have also included a workplace injury compensation calculator to help you estimate how much your accident at work compensation claim could be worth, and will explain the benefits of using a no win no fee solicitor to make your claim.

What Is An Accident At Work In Scotland?

An accident in the workplace in Scotland, is any type of accident that has been caused by negligence on the part of an employer. The accident could have been caused by inadequate staff training, improper use of machinery, a machine or equipment not being properly maintained or proper PPE not being provided when employees were working with potentially hazardous substances. Even in an environment such as an office space, injuries can occur if the premises are not properly maintained. For example, broken or uneven flooring can cause slipping and tripping at work whilst a broken office chair can damage an employee’s back as they sit down to work.

What Are My Rights After An Accident At Work In Scotland?

As we have stated your employer is obliged to provide you with a safe and hygienic workplace environment. If you become ill or injured as a result of negligence on the part of your employer, and the injury causes you to miss three or more days off work, you could be entitled to claim compensation for your injuries. If your injuries caused you to miss a significant amount of time off work, then you may be entitled to sick pay, depending on the terms of your contract. If your employer does not offer sick pay as a benefit in your contract, you could be entitled to statutory sick pay, if you earn more than £112 per week.

How Do I Report An Injury At Work In Scotland?

At Legal Expert we are often asked “What is a reportable accident?” by our clients. The Health and Safety Executive (HSE) states that under the Social Security (Claims and Payments) Regulations 1979, all employers must keep an accident log book. All accidents in the workplace which result in the injured person having to take three or more days off work, must be recorded accurately in the accident log book. It is also within your interest to report your accident at work, and have it accurately recorded in the accident log book, as this will provide evidence to support your compensation claim. If a worker experiences a workplace injury which results in them having to take seven or more days off work, this is a reportable accident. The accident must be reported to the Health and Safety Executive within 15 days.

Accidents that result in the following injuries have to be reported to the Health and Safety Executive:

  • Bone fractures, other than to fingers, thumbs and toes.
  • Injuries resulting in an amputation.
  • Any injury that is likely to lead to blindness, or the injured person becoming partially sighted.
  • Any type of crush injury to the torso or the head that causes damage to the internal organs or the brain.
  • Serious burns (including scalding) covering 10% or more of the body.
  • Injuries causing significant damage to the eyes, the respiratory system or other vital organs.
  • An injury where the person had to be resuscitated and was hospitalised for 24 hours or more.
  • Any loss of consciousness that has been caused by an injury to the head or lack of oxygen.
  • Heat induced injuries or hypothermia, caused by the working environment.
  • Any scalping requiring hospital treatment.
  • Fatalities.

Am I Entitled To Sick Pay After An Accident At Work?

If people have to take time off work because of an injury, it is understandable that they may be anxious about any loss of income that they could experience, as a result. Many of our clients ask us “Do you get paid for an injury at work?” According to your contract, you may be entitled to sick pay. If you do not have any sick pay included in your employee plan then you may be able to claim statutory sick pay.

Your accident at work compensation, Scotland will include a payout for any loss of income that you have experienced, because you were injured at work.

Clients also ask us “Can you get fired for having an accident at work?” Many employees worry that their employer may discriminate against them or fire them if they become injured. Worse still, they may worry that they could be sacked by their employer if they claim against them. It is illegal to discriminate against an employee because they are injured. Similarly, an employer could be sued for unfair dismissal if they sack an employee for making an accident at work claim. Employers are insured to pay compensation for an accident at work, so you won’t suffer because you have spoken out.

Types And Causes Of Accidents At Work

We will now look at reasons why people are injured at work, in Scotland. If you believe you are entitled to any of these accident at work compensation examples, call us now to see if you are entitled to claim.

Workplace Injuries Caused By A Lack Of Training

Sometimes it will look like an employee has injured themselves, or been injured by another employee if they make a mistake resulting in an accident. This could include using machinery incorrectly or not conducting manual handling activities correctly, resulting in a musculoskeletal injury. However, it is the responsibility of the employer to ensure that employees are properly trained to carry out their tasks safely. If the employee was asked to carry out tasks that they were not properly trained for and this resulted in an accident at work, the employer could be held liable for any injuries caused.

What should you do if you have an accident at work which was caused by insufficient training? Call Legal Expert today for your free consultation. If you have the right to claim we have excellent accident at work solicitors to handle your claim for compensation.

Workplace Injuries Caused By A Lack Of PPE Equipment

According to health and safety in Scotland rules, if your work with potentially hazardous substances, or your work involves potentially hazardous processes, your employer must provide you with personal protective equipment (PPE) to protect you from any injuries or illnesses that these can cause. For example, if you work in an environment such as construction or ship building and the noise exceeds 80 to 85 decibels, the employer has to provide the employee with noise cancelling headphones and ear plugs, as well as take other measures to minimise the noise. Similarly if you are a lab technician who works with substances that can damage your eyes upon contact, your employer has to provide you with goggles.

If you have been injured or made ill at work in Scotland by a work accident caused by lack of personal protective equipment, you could be entitled to compensation. Call Legal Expert today to enquire about claiming compensation for an accident at work.

Common Types Of Injuries Caused By Accidents At Work

Trips And Slips In The Workplace:

Slipping and tripping at work, or falling at work, accounts for over a third of workplace injuries. This is because slip or trip and fall injuries can easily be caused by an obstruction on the floor, such as a loose nail or other types of disrepair such as a broken handrail.

Manual Handling Accidents:

Manual handling accidents are injuries caused by manual lifting and carrying of goods not being carried out properly. Manual handling accidents can cause soft tissue injuries or musculoskeletal injuries, some of which can be especially debilitating. Retail and warehouse workers are especially vulnerable to these sorts of accidents. Employers must ensure that they train workers to carry out these sorts of tasks properly and provide equipment where necessary.

Vehicle And Transport Accidents:

Vehicle and transport accidents can include a worker being injured in a warehouse because of a forklift truck accident. Similarly if a worker has to drive a vehicle for work (for example they are a heavy goods vehicle driver) and the vehicle had not been maintained correctly, they could be entitled to claim compensation for their injuries.

Accidents Caused By Faulty Machinery

Machinery needs to be checked on a regular basis to ensure that it is safe to use. If the machinery is not up to standard then it can cause very serious injuries, such as a hand or finger crushing injury, a textile worker being stabbed by a needle, or a machine falling over and crushing a worker.

If you have suffered any of these common accidents at work in Scotland or elsewhere, you could be entitled to claim compensation for an accident at work. Call Legal Expert for your free consultation about making personal injury claim against your employer today.

Examples Of Injuries In The Workplace

There are many workplace injuries that can result in accident at work compensation examples. Below are some examples of common workplace injuries and illnesses:

  • Serious burns.
  • Dislocated limbs.
  • Fractured or broken bones.
  • Loss of sight.
  • Noise induced hearing loss (NIHL).
  • Hand-arm vibration syndrome.
  • Asthma.
  • Carpal tunnel syndrome.
  • Any other injury or illness requiring hospitalisation.

Accident At Work Scotland – Personal Injury Claims Calculator

You can use our workplace injury compensation calculator to estimate how much compensation you may claim in compensation for an accident at work in Scotland. This workplace injury compensation calculator includes how much you may claim in general damages, but not any special damages you might be entitled to. Thus the total injury value of your claim may differ.

Personal Injury Claims Scotland Calculator

Body partNature of injurySeveritySettlements
HandSerious injuries to both hands causing cosmetic and functional harm.Serious injuries to both hands£49,010 to £74,150
HandSoft tissues such as a crush injury or penetrating injury.Moderate£5,110 to £11,640
ArmExtremely serious but short of amputations.Severe£84,310 to £114,810
ArmSimple forearm fracturesSimple£5,810 to £16,830
ShoulderDislocations or other injuries. May also affect the neck.Serious£11,200 to £16,830
ShoulderSuch as a frozen shoulder and limited movement in it.Moderate£6,920 to £11,200
NeckCausing severe and immediate symptoms. May require a spinal fusion.Moderate (i)£21,910 to £33,750
NeckFull recovery will take place in one to two years.Minor (i)£3,810 to £6,920
BackLess severe levels of residual disability.Moderate (i)£24,340 to £34,000
BackRecovery should take place in 3 - 24 months and not need surgery.Minor (ii)£2,150 to £6,920

Alternatively, you could call Legal Expert to speak to one of our advisors. If you are entitled to claim accident at work compensation, we will be able to accurately estimate how much compensation you could claim.

What Could Claims For Accidents At Work Compensate You For?

If you are successfully awarded accident at work compensation in Scotland, your package will be made up of two parts. First of all, you will be able to claim general damages, which is usually the largest part of your claim. General damages will compensate you for the pain, suffering and loss of amenity that your injuries or illness caused you. You will also be able to claim special damages which will reimburse you for any expenses or financial losses you have experienced as a result of your injuries, or are likely to experience in the future. Secondary damages may include: medical expenses, travel expenses, reimbursement for loss of income, home adaptation expenses, care expenses and mobility equipment expenses amongst other things.

Remember if you have experienced an accident at work in Scotland that was not your fault, you could be owed compensation for your injuries. Call Legal Expert today for your free consultation and we could provide you with an excellent personal injury lawyer to handle your claim.

Time Limits For Accident At Work Claims In Scotland

Clients often ask us, “How long do you have to report an accident at work?” You should report your accident at work to your employer immediately. In Britain, there is a three year personal injury claims time limit. This means that if you wish to claim compensation, you must begin your claim within three years of the date of the accident, or the date you knew that you had been harmed.

No Win No Fee Accident At Work Claims In Scotland

At Legal Expert we offer our clients the option to make a no win no fee claim. This means that your solicitor will work on your claim, without charging you an upfront fee. Instead, we will only charge you your fee if you win your claim, so there is no financial risk involved on your part. To learn more about making a no win no fee claim for an accident at work, call us today to speak to a personal injury claims advisor about your options.

Contact A Legal Expert Today

Whether you were injured at work because of an accident at work in Edinburgh, accident at work in Glasgow, accident at work in Dundee or an accident at work in Aberdeen you could be entitled to claim compensation. Call Legal Expert to for your free accident at work in Scotland consultation, and if you are entitled to claim, one of our excellent personal injury lawyers will start working on your accident at work compensation Scotland claim right away.

Resources For Victims Of Accidents At Work In Scotland

Health And Safety Executive Scotland.

About HSE In Scotland.

The Scottish Government’s Guide To Health And Safety At Work.

Accident At work Claims Guide – How Much Can I Claim?

Car Accident Claims Scotland Guide – How Much Compensation Can I Claim?

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