Can You Claim For An Accident at Work Without An Injury?
Have you been involved in an accident at work caused by the negligence of your employer? Our guide will examine whether an accident in which you didn’t sustain an injury could be grounds for a compensation claim.
There are laws in the UK that protect employees and other staff in the workplace which employers must abide by. Your employer has a duty of care to you. This means that they need to take all reasonably practicable steps to ensure that you are safe when in the workplace.
However, sometimes this duty of care is breached and your employer fails to ensure your safety. This can result in you being involved in an accident in the workplace.
In order to make an accident at work claim following your accident, you must have suffered some kind of injury. However, this is not just limited to serious physical injuries like a broken bone. Injuries that are less severe but still impact your quality of life could be considered in a claim. You are also able to claim for psychological injuries.
Could I Claim Compensation For An Accident At Work Without Being Injured?
If you have been injured in an accident at work, we could help. Our expert team of advisors can offer you free legal advice 24/7. If they feel your claim has a good chance of being successful, they may be able to connect you with one of our solicitors who can offer No Win No Fee representation.
To get in touch, you can:
- Call us on 0800 073 8804
- Use our online form
- Chat to us using the live chat option to the bottom-right of this screen
Select A Section
- A Guide On If You Can Claim For An Accident At Work But No Injury
- What Is An Accident At Work But No Injury?
- What Should You Do After An Accident At Work Which Did Not Cause An Injury?
- How And When To Report An Accident In The Workplace
- How And When To Record An Accident In The Workplace
- Workplace Health And Safety
- How To Prevent Future Accidents From Happening In The Workplace
- Eligibility To Make A Claim For An Accident At Work
- Why You Could Not Claim For An Accident At Work But No Injury
- Work Injury Claims Calculator
- Special Damages You Could Claim If Injured In The Workplace
- No Win No Fee Claims If Injured In An Accident At Work
- Speak To Our Team
- Learn More
In this guide, we look at the process of claiming compensation for an accident at work, and whether or not a claim could be made if no injury was sustained. We offer advice on why workplace accidents and near misses should be recorded.
The guide also offers guidance on what employers should do to prevent accidents at work from happening. We provide information on the legislation that outlines the duty of care that employers owe to their employees.
Furthermore, we will look at how much your accident at work claim could be worth. We’ll examine the different kinds of damages that could be awarded in a compensation claim and the kind of evidence you would need to support your claim.
Finally, we offer advice on No Win No Fee agreements and how they could help you fund legal representation. We will conclude by providing you with some useful external resources.
The time limit for starting an accident at work claim is generally three years from the date of the accident; however, there are some exceptions to this. If you would like to know how long you have to start your claim, contact our team today.
An accident at work could happen for a number of reasons. For instance, the working environment itself may pose a risk of injury if the walking surface is slippery. You may be injured because of a faulty or poorly-maintained piece of work equipment. Or perhaps you were injured while carrying out your role because you were not sufficiently trained for the task at hand.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) outline the kinds of accidents that must be reported. If an accident results in death, a specified injury or a worker being incapacitated for more than 7 days must be reported to the Health and Safety Executive.
Injuries that result in a worker being incapacitated for more than 3 days but less than 7 don’t need to be reported but should be recorded in the workplace accident book. All workplaces that employ more than 10 people are legally required to have an accident book.
Dangerous occurrences must also be reported. These are incidents that do not result in injury, but which have the potential to cause serious injury or be fatal. This includes things like pressure systems failing or lifting equipment overturning. Although these must be reported, you cannot claim for an accident in which you were not injured.
If you were involved in an accident at work and did suffer from some form of injury, you could be owed compensation. Speak to a member of our team today for more information.
There are specific steps to take when you’re involved in a workplace accident which are detailed below:
- Check there is a record of the workplace accident and your injury in the accident book. If there is no accident book, send your employer an email or letter detailing the incident and the injuries you suffered. Make sure you keep a copy for your own records. You may still be able to claim if you did not report an injury, but it could make the process more difficult.
- Seek medical attention for any injuries straight away. Even if you think your injuries are only minor, you should still seek medical attention. This is because they could develop into something more serious without treatment.
- Take photos of your injuries and the circumstances that caused your accident, for example, a spill that was not cleared up or signposted. If CCTV recorded the accident, this may support your claim.
- Get contact details for any witnesses who saw the incident take place and can confirm how it occurred.
- If you would like to pursue a claim, you can get in touch with a lawyer. This isn’t a legal requirement, and you can pursue a claim yourself without legal representation. But you may find that their support and guidance makes the process run more smoothly.
As previously mentioned, all employers in the UK have a duty of care towards employees. This duty of care means that they have to take all reasonably practicable steps to ensure your safety while in the workplace.
All accidents in work should be recorded in the workplace accident book if there is one. However, only certain kinds of incidents must be reported under RIDDOR. These include:
- Fatal accidents
- Specified injuries. These include fractures, amputations, serious burn injuries and head injuries that cause a loss of consciousness.
- Any injury that causes a worker to be incapacitated for 7 days or more.
- Occupational diseases.
- Dangerous occurrences.
- Gas incidents.
Your employer also has a duty of care to ensure you are kept safe at work which includes carrying out frequent risk assessments and using the information from them to minimise or remove risks. They should also maintain good housekeeping, provide adequate Personal Protective Equipment (PPE) and ensure that all workers are trained appropriately to do their role.
Every workplace that employs 10 people or more are required to have an accident book. This book must be used to record anything that must be reported under RIDDOR, as well as accidents that leave a worker incapacitated for more than 3 consecutive working days.
Despite the fact that it isn’t a legal requirement, it’s good practice for all workplace accidents to be reported in the accident book. This allows employers the opportunity to rectify any risks that may be present in a work environment. In turn, this could reduce the chance of future incidents occurring.
Furthermore, if you were injured in an accident at work that did not need to be reported under RIDDOR, then the record in the accident book could support your version of events. If you’re not able to note down the incident in the book yourself because you’re incapacitated or need immediate medical attention, then a colleague can do this for you.
For more information on making a claim following an accident at work, get in touch with Legal Expert today. One of our advisors can offer you free legal advice about whether you can claim for your injuries.
Your employer is legally required to take all reasonably practicable steps to ensure your safety while at work. This is known as an employer’s duty of care. The Health and Safety at Work Act 1974 (HASAWA) is the legislation that sets out an employer’s duty of care.
Your employer should put in place a health and safety policy that outlines their approach to health and safety. If there are more than five employees in the company then this policy must be written down.
If an employer fails to adhere to the HASAWA, this would be a breach of their duty of care. This could result in an accident that causes an employee to be injured. If you were injured in an accident that occurred because your employer breached their duty of care, you may be able to claim.
For free legal advice, please speak to a member of our team today. They will be happy to offer you free legal advice.
When workplace accidents happen, employers should take the incidents seriously no matter how minor the injuries are that have been sustained. They should take into account what happened and set in place measures to prevent similar future workplace accidents from occurring.
Your employer would be expected to do the following:
- Carry out regular risk assessments to identify new hazards. They should then take steps to remove these hazards if possible and minimise them if they cannot be removed
- Train all employees to carry out the role safely
- Provide appropriate PPE to all employees who require it for their role
- Maintain good housekeeping, like making sure that walkways are free from clutter
- Ensure that all equipment used for the role is safe and well-maintained.
If you feel that your employer failed in their duty of care towards you which resulted in you being injured in an accident at work, please contact Legal Expert today.
For an accident at work claim to be valid, you must show that you were involved in a workplace incident in which you sustained injuries. The accident that you were injured in must have been caused by negligence on the part of your employer.
You will not be able to claim compensation for an accident caused by your own negligence. Furthermore, you will not be able to claim if your employer can show that they took all reasonably practicable steps to prevent an accident from happening.
For instance, you may have injured yourself on a piece of machinery that malfunctioned. If your employer can provide proof that the machinery was maintained to an acceptable standard, then they will have fulfilled their duty of care towards you even if you were injured.
To find out more, please contact one of our Legal Expert advisers today.
Sometimes, you may not feel that you have been injured in the immediate aftermath of an accident at work. However, you could have been injured in a minor way, and your injuries could worsen over time. This is why it is always important to seek medical attention after a workplace accident, even if there are no apparent injuries caused.
Furthermore, physical injuries are not the only kind of injury that you can claim compensation for. Psychological injuries can also be the grounds for a personal injury compensation claim if your quality of life has been affected.
For instance, you may have been involved in an accident at work that had the potential to cause you serious injury or even death. Even if this accident did not actually cause these injuries, it could leave you with psychiatric damage such as post-traumatic stress disorder (PTSD).
It’s important to note that you must have suffered some kind of injury in order to claim compensation for a workplace accident. For more information on whether your injury entitles you to claim, please get in touch with our team today.
The table below provides an idea of how much an injury at work claim in which you suffered injuries could be worth. The amounts provided are based on guideline compensation amounts based on the Judicial College.
The values included in the table below relate to general damages. This is the part of your settlement that compensates you for the injuries that you have sustained.
|Injury Type||General Damages Awarded Based on Judicial College Guidelines||Details|
|Rib fracture||Up to £3,710||This injury may cause serious pain and disability that only lasts for a period of weeks.|
|Moderate brain damage (i)||£140,870 to £205,580||Within this bracket, there will be a moderate to severe intellectual deficit and the injured person's personality will change. There will be a significant risk of epilepsy and the injured person will be unable to work.|
|Severe back injury (iii)||£36,390 to £65,440||Where a fracture or lesion of a disc in the pine leads to chronic conditions. Disabilities such as severe pain, impaired sexual function and the risk of arthritis will be present.|
|Moderate back injuries||£26,050 - £36,390||Where any residual disability is less severe than above however, it will include injuries where there is a risk of osteoarthritis and pain.|
|Severe neck injury (ii)||£61,710 to £122,860||This bracket may include serious fractures or damage to spinal discs. For instance, permanent brachial plexus damage or injuries that result in loss of neck movement may fall in this bracket.|
|Minor injuries||A few hundred pounds to £650||Injuries where recovery has been complete within one week.|
|Minor injuries||£650 to £1,290||Injuries where recovery has been complete within 28 days.|
|Minor injuries||£1,290 to £2,300||Injuries where recovery has been complete within three months.|
To value this head of your claim, you will usually be invited to a medical assessment with an independent expert. During this assessment, the expert will confirm that your injuries were caused by your accident. They will also complete a report which details the extent of your injuries and their prognosis. This will then be used with the help of the Judicial College Guidelines to help value your claim.
If you would like to see how much you could receive in a successful accident at work claim, please get in touch with our team today.
The second kind of damages that a compensation claim could consist of is special damages. Special damages cover financial losses incurred as a result of the injury you sustained. The sort of things you could include are detailed below:
- Loss of earnings if you have had to take time off work
- Loss of future earnings if you cannot return to work
- Care costs if you need assistance around the home while you recover
- Medical costs associated with the workplace injury you suffered. This could include prescription costs, private treatment, therapy, rehab
- Travel expenses for hospital appointments or meetings with your solicitor
- Home and vehicle adaptations if these are necessary
It’s important that you keep evidence of the costs you have incurred so that you can claim these back in special damages. Without evidence, it may be difficult for you to receive the full value of your expenses back. For more information regarding special damages, please speak to a Legal Expert adviser today.
You may want the guidance and support of an expert personal injury solicitor, but be worried that this will cause you to incur large legal fees that you have to pay upfront. If this is the case, you could benefit from a No Win No Fee agreement.
A No Win No Fee agreement is sometimes called a Conditional Fee Agreement (CFA). It’s an agreement between you and your solicitor that says you will only need to pay them in the event that certain conditions are met.
With a No Win No Fee agreement, you don’t pay your solicitor anything unless they succeed in your claim. This means that you do not have to pay them anything before they start work on your claim, while the claim is ongoing or in the event that it’s unsuccessful.
If your claim is successful, then your solicitor will deduct a legally capped “success fee” from your compensation. This is to cover their costs and ensures that you always get the majority of your compensation award.
To discuss your accident at work claim with a Legal Expert adviser, please get in touch today. You can contact a member of our team in the following ways:
- By calling Legal Expert on 0800 073 8804 – our lines are open 24 hours a day, 7 days a week
- By using our live chat
- Fill out our online claims form
- Employer’s responsibilities in the workplace
- The law relating to employer’s liability insurance
- The Royal Society for the Prevention of Accidents
- Permanent injury claims
- How to claim for an accident at work
- Making a claim as a non-employee
- Accident At Work Claims Against The NHS
Thank you for reading our guide on claiming for an accident at work in which no injuries were sustained.
Guide by Wood
Checked by Stocks