No Safety Measures In Place – Can I Make An Accident At Work Compensation Claim?
By Jo Greenwood. Last Updated 15th June 2023. This guide will look at whether you could claim if there were no safety measures in place and an accident at work happened in which you were injured. In all workplaces, there should be safety measures in place to protect employees. This is part of the employer’s duty of care, and taking all reasonable steps to ensure their workers’ safety is a legal requirement.
However, if your employer breaches the duty of care that they owe you, then this could result in you being injured. If this happens, you may be able to claim.
In this guide, we will look at how a breach of duty of care could contribute to accidents which lead to injuries. We’ll also look at the evidence you can use to support your case, as well as how a No Win No Fee agreement could benefit you.
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Select A Section:
- Your Employers Duty To Ensure A Safe Workplace
- What Safety Procedures Should Be Put In Place By An Employer?
- What Protective Equipment Could Employers Issue?
- How Long Do You Have To Claim Compensation?
- What Could I Claim As Part Of Work Injury Compensation?
- Claiming For Work Injuries With A No Win No Fee Solicitor
Your employer owes you a duty of care as outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). This is the central piece of legislation that outlines the safety measures that employers must follow. It protects employees’ health and safety when they are in the workplace.
This piece of legislation means that your employer needs to take reasonably practicable steps to ensure your safety. If there was something they reasonably could have done to safeguard you, but they failed to do this, you could be injured as a result.
If an employer breaches their duty of care, this is an example of negligence. You cannot claim just because negligence has occurred, but if you’ve been injured by a breach of duty of care why not get in touch with us today? You could receive free legal advice from an advisor on our team.
There are a number of steps your employer should take in order to prevent accidents in the workplace from taking place. They include:
- Providing you with the right personal protective equipment (PPE) that you need to do your job safely
- Maintaining good housekeeping, for example, making sure that spaces are well-lit and that obstructions are cleared from walkways
- Carrying out risk assessments so that hazards can be identified and then removed or reduced
- Maintaining equipment to ensure that it’s in good working order
While these steps might seem particularly relevant in certain workplaces such as warehouses, building sites and factories, they should be implemented where appropriate in all workplaces including offices and retail spaces.
If there were no safety measures in place, an accident at work could form the basis of a valid claim. Get in touch today for more information from our team.
Personal Protective Equipment (PPE) can be issued by the employer and should be provided adequately. Types of PPE can include:
- Head protection – Hard hats
- Hand protection – Gloves
- Face protection – Surgical face masks/face shields
- Foot protection – Foot guards/safety shoes
- Ear protection – Earplugs/earmuffs
- Eye protection – Safety glasses/eye goggles
- High visibility clothing
- Thermal, weather and waterproof clothing
If you work in an environment that requires the use of PPE, an employer should provide it. Furthermore, they shouldn’t charge you for it, and they should replace it if it becomes worn out or is otherwise unfit for purpose.
For example, if you told your employer what size PPE you need and you’re given PPE that’s the wrong size, this could cause you to be injured. Speak with one of our advisors to see if you have a valid claim.
When making a claim for compensation, there are time limits set in place by the Limitation Act 1980. For personal injury, it is generally three years. The time limit begins from the date of the injury or from the date you had become aware that your injury was caused by negligence.
There are exceptions to this 3 year period, however. These expectations come in the form of:
- Claiming on the behalf of someone under 18
- Claiming on the behalf of someone who lacks the mental capacity
In both of these cases, a litigation friend can be used to claim on behalf of the party who cannot claim themselves. While a litigation friend is able to claim on behalf of someone who can’t do so themselves, the time limit is suspended. The three-year limit starts again in the event that they regain the ability to claim on their own behalf.
If you want more information on how the time limit can affect you and your claim, get in touch with us today.
If you make a successful personal injury claim for being hurt at work, your compensation settlement will include general damages. General damages compensate you for the pain and suffering of your injuries. This includes physical or psychological injuries.
To help legal professionals value this head of claim, they may refer to the Judicial College Guidelines (JCG). The JCG offers guideline compensation brackets for various injuries at different severity levels.
We have illustrated some of the figures from the 16th edition of this publication in the table below. However, please only use this table as a guide. Your compensation settlement could be affected by the various factors of your case.
|Types of Injuries||Compensation Bracket||Description of Injury|
|Neck Injuries: Severe (i)||In the region of £148,330||Neck injury associated with incomplete paraplegia|
|Back Injuries: Severe (i)||£91,090 to £160,980||Damage to the spinal cord and nerve roots|
|Injuries to the Pelvis and Hips: Severe (i)||£78,400 to £130,930||Extensive fractures of the pelvis|
|Neck Injuries: Severe (iii)||£45,470 to £55,990||Injuries causing fractures or dislocations or severe damage to soft tissues|
|Chest Injuries: (c)||£31,310 to £54,830||Damage to chest and lung(s) causing some continuing disability.|
|Hand Injuries: Serious||£29,000 to £61,910||Amputation of some fingers together with part of the palm resulting in gross diminution of grip|
|Back Injuries: Moderate (i)||£27,760 to £38,780||Compression/crush fracture of the lumbar vertebrae|
|Arm Injuries: Less Severe||£19,200 to £39,170||The injured person will have been significantly disabled. However, they will make, or be expected to make, a substantial recovery.|
|Injuries to the Elbow: Less Severe||£15,650 to £32,010||Injuries causing impairment of function, but major surgery is not required|
|Shoulder Injuries: Serious||£12,770 to £19,200||Dislocation of the shoulder and damage to the lower part of the brachial plexus causing pain|
As well as general damages, you may also be awarded special damages for a successful personal injury claim. This compensates you for any financial expense caused by your injuries.
Examples include a loss of earnings, as well as medical and travel costs. You would need to provide evidence that these costs and losses directly resulted from your injuries. Receipts, payslips and bank statements could be used to support your claim for special damages.
Please contact our advisors today to see if you could be eligible to make a personal injury claim if you were involved in a workplace accident due to there being no safety procedure in place.
The No Win No Fee solicitors that work with us can help people who have been injured at work if the accident wasn’t their fault. No Win No Fee arrangements are agreements that mean you don’t have to pay your solicitor if certain conditions aren’t met.
A Conditional Fee Agreement (CFA) is a popular kind of No Win No Fee agreement. It means that you don’t pay your lawyer upfront for their services or as the claim progresses. Furthermore, there’s nothing to pay for their services if you’re not awarded compensation.
If you are successful in your claim, then your solicitor will deduct a success fee from your settlement. This is legally capped, ensuring that you get the majority of the compensation you’re awarded.
We have a team of trained advisors that can provide information on the claims process and what you can do to help strengthen your claim. If they think your case is valid, they could connect you with a No Win No Fee solicitor to work on your case.
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Resources To Stay Safe At Work
Below, we’ve included some additional resources that you might find useful:
- Care and nursing home PPE Equipment claims
- Inadequate protective equipment injury claims
- Defective work equipment injury claims
We’ve also included the following links from other sites that could benefit you:
If you need any more advice on whether you could claim if there were no safety measures in place and an accident at work happened as a result, then please get in touch.