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Find Out How To Claim Compensation For An Accident At Work In Scotland

By Lewis Cobain. Last Updated 17th August 2023. If you have been injured in 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.

So, if you have suffered an injury at work in Scotland because of your employers’ failings you could take legal action, and in this guide, we explain how. However, if you’d rather make a claim today or if you want to get legal advice, get in touch.

We can offer information on work accident claims in Scotland and assess your potential case if you have one. We can also advise on potential personal injury payouts, whether or not you qualify to make a claim, and the steps that need to be followed as part of the process.

To get in touch with our team, you can call us on 0800 073 8804. You can also reach us online by using our live chat feature. Or you can fill in our claim online form.

A worker lying injured on the floor with their colleague trying to help.

Select A Section

  1. Am I Eligible To Claim For A Work Accident In Scotland?
  2. Injury At Work In Scotland – Example Scenarios
  3. Top Tips For Proving An Accident At Work Claim
  4. How Much Compensation Can I Be Awarded For An Accident At Work In Scotland?
  5. Make A No Win No Fee Injury At Work Claim In Scotland
  6. Resources For Victims Of Accidents At Work In Scotland

Am I Eligible To Claim For A Work Accident In Scotland?

To be eligible to make a personal injury claim following an accident at work in Scotland, you must be able to prove that your injuries directly resulted from your employer breaching their duty of care.

As outlined in the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. Per this duty, they must take reasonably practicable steps to ensure your safety while you are working and in the workplace. If your employer were to fail to uphold the duty of care they owe you this could result in you suffering a work injury, and you might have valid grounds to begin a claim for compensation.

If you are considering claiming for a work accident in Scotland but are unsure whether you meet the eligibility requirements, our advisors can help clarify free of charge. You could also be connected with our expert accident at work solicitors on a No Win No Fee basis.

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

Personal injury claims in Scotland have to be started within the time limit. Under the Prescription and Limitation (Scotland) Act 1973, this is generally 3 years from the date you suffered the injury.

In Scotland, those under the age of 16 are unable to represent themselves in legal proceedings. In these instances, the time limit is suspended, and a parent or guardian is able to claim on their behalf. Once the claimant turns 16, if one has not already been started, they will have the usual 3 years to start a personal injury claim.

For more information on Scotland claims, or to find out if you are still within your time limit to claim for a Scotland accident, get in touch with our advisors today.

Injury At Work In Scotland – Example Scenarios

There are various injuries you could suffer in an accident at work. These will depend on the situation that caused them. In the list below, we take a look at how you could suffer an injury at work in Scotland.

  • Slips, trips and falls – These can cause anything from a minor injury, such as a sprained ankle, to major head trauma. To avoid slips, trips and falls, walkways should be kept free of clutter and liquids.
  • Manual handling injuries – Handling objects in an improper fashion due to inadequate training can cause a back injury.
  • Faulty machinery – Any equipment used at work needs to be adequately maintained with appropriate maintenance checks carried out. For example, if a belt breaks on a conveyor system, an employee could suffer a finger crush injury.

However, to be eligible to make a personal injury claim, you must be able to prove that your injury was directly caused by your employer breaching their duty of care.

Contact an advisor from our team to discuss whether you have a valid injury at work claim in Scotland.

A set of images depicting different accidents at work, including a slip, trip or fall.

 

Top Tips For Proving An Accident At Work Claim

If you’ve had an accident at work in Scotland, as with the rest of the UK, you will only be able to make a successful claim if you can establish negligence. This means that you must be able to prove that your injuries were due to your employer breaching the duty of care they owed you. This can be achieved by gathering evidence.

Here are some examples of evidence you can acquire to help support accident claims in Scotland:

  • CCTV footage
  • Photographs
  • Your medical records
  • Witness contact details which can be used to gather statements later on

This is not a complete list; there are other forms of evidence as well that could help you. It’s important to note that the claims process in Scotland may differ so if you have suffered injuries in a workplace accident in Scotland due to your employer’s negligence, get in touch with us today.

How Much Compensation Can I Be Awarded For An Accident At Work In Scotland?

If you could make a valid claim for an accident in Scotland, then any legal professionals assisting your claim will assess the value of your damages based on the evidence available. For instance, they’ll look at the medical evidence available concerning the injuries caused by your accident.

What injuries you’ve suffered because of your accident and how severe they are will have a great influence on the compensation amount you may be offered. Since there are many different injuries which may be caused by another party’s negligence, the compensation payouts for accidents in Scotland can vary a great deal.

In England and Wales, a publication called the Judicial College Guidelines (JCG), may be used by solicitors to calculate the value of injuries which are part of a personal injury claim. Although the JCG does not apply to accident claims in Scotland, the figures included could still provide some insight into the amount of compensation you may be able to claim for different injuries through injury claims in Scotland. The JCG contains a range of compensation brackets associated with many different injuries. We’ve included some of these brackets in the table below.

Body partSeverityNature of injurySettlements
Multiple Very Serious Injuries and Monetary LossesVery SeriousCompensation for the different impacts of several very serious injuries, including the pain and suffering caused and the financial losses incurred, such as lost income, care costs, and travel expenses.Up to and above £250,000
ArmSevereExtremely serious but short of amputations.£96,160 to £130,930
ArmLess Severe InjuryInjuries in this bracket will cause significant disabilities but a substantial degree of recovery will have taken place or will be expected.£19,200 to £39,170
HandSerious injuries to both hands (b)Serious injuries to both hands causing cosmetic and functional harm.£55,820 to £84,570
HandSerious hand injuries (to one hand) (e)Such injuries will have reduced the hand to about 50 per cent of its capacity.£29,000 to £61,910
BackModerate (i)Less severe levels of residual disability.£27,760 to £38,780
BackModerate (ii)May cause the exacerbation of a pre-existing condition to the back, usually by five years or more.£12,510 to £27,760
NeckModerate (i)Causing severe and immediate symptoms. May require a spinal fusion.£24,990 to £38,490
ShoulderSeriousDislocations or other injuries. May also affect the neck.£12,770 to £19,200

What Else Can A Compensation Payout Include After An Accident At Work In Scotland?

Alongside general damages, a successful injury at work claim could also result in special damages. This head of claim allows you to recoup the financial losses you experience as a result of your injuries. For example, if you break your leg and are unable to drive, you may need to travel by taxi to get to work or appointments. In this case, you may be able to claim back the cost of these taxi trips under special damages.

This heading can also help cover the cost of:

  •   Prescriptions.
  •   Treatments and procedures that can’t be funded through the NHS.
  •   Over-the-counter medicine.
  •   Lost earnings.
  •   Mobility aids.
  •   Home adjustments.

You will need to provide evidence about these losses. Payslips, receipts and bank statements could all be used to support your claim.

To learn more about compensation for accident claims in Scotland or to find out if you could be eligible to make a personal injury claim following an accident at work in Scotland, contact our team today.

Make A No Win No Fee Claim For An Accident At Work In Scotland

Following an accident at work in Scotland, you could choose to instruct a No Win No Fee solicitor to represent your personal injury claim. If you have eligible grounds to proceed with your case, a solicitor could offer you one of two types of contracts. These are a Damages Based Agreement or Speculative Fee Agreement, both of which can be provided under the legislation called the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.

Generally, this means:

  • There are no fees owed for your solicitor’s services upfront, while the claim is ongoing, or if it has a failed outcome.
  • If your claim is a success, your solicitor will deduct a success fee from your compensation. However, the percentage they are legally allowed to take is capped. As such, you can keep the most of your awarded payout.

A solicitor working on a claim for an accident at work in Scotland.

Contact Legal Expert Today

If you are seeking personal injury compensation for an accident in Scotland, get in touch to see whether you could make a claim.

You can also check our reviews to see why so many choose Legal Expert when beginning an injury at work claim in Scotland.

Our advisors can arrange a free consultation to discuss your case. All you need to do is:

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Resources For Victims Of Accidents At Work In Scotland

Below, you can find more useful information on making an injury claim for a Scotland accident:

Further helpful external resources:

If you have any questions about claiming compensation for an injury and accident at work in Scotland, please don’t hesitate to get in touch.

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      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.