Health And Safety Breach Accident Injury Guide – How Much Compensation Can I Claim?
By Lewis Cobain. Last Updated 17th January 2024. If you have been injured following a breach of health and safety regulations by your employer, you might be interested in making an accident at work claim. Under the Health and Safety at Work etc. Act 1974, your employer has a duty of care to take reasonable steps to protect you from harm. If you can prove that your injuries were sustained as a result of your employer’s negligence, you may have grounds for an eligible personal injury claim.
Within this guide, we’ll discuss when and how long you have to start a personal injury claim. Furthermore, we will consider the types of evidence that you could collect to help prove liability in your claim. We’ll also explore different types of health and safety breaches in the workplace that could lead to an accident. Finally, we will discuss how one of our solicitors could represent you in your case with a No Win No Fee agreement.
Here’s our quick explainer video on what Health and Safety Breach Accident’s are and how you can claim compensation:
Our advisors are here to help if you have any questions. Their advice is free and available 24/7. Below are a few ways to get in touch with us:
- Call 0800 073 8804
- Complete our ‘claim online’ form.
- Use our live chat function
Health and safety accident breach claims guide
Select A Section
- What Is A Health And Safety Breach?
- Common Injuries Caused By Health And Safety Breaches
- Health And Safety Breaches – Evidence To Support A Claim For Injuries
- What Can You Include In Your Health And Safety Breach Accident Claim?
- Breach Of Health And Safety – Calculating Compensation
- No Win No Fee Health And Safety Breach Accident Claims
- Helpful Links And Resources
What Is A Health And Safety Breach?
A health and safety breach occurs when those responsible fail to comply with health and safety legislation and other health and safety regulations. There are a number of pieces of legislation in place for different environments to ensure the health and safety of both workers and those visiting public spaces.
For example, while you are at work, your employer owes you a duty of care to take all reasonably practicable steps to ensure your health and safety. This is outlined under the Health and Safety at Work etc. Act 1974 (HASAWA), which is the main piece of health and safety legislation in place for workers.
Another example of health and safety legislation is the Occupiers’ Liability Act 1957 (OLA). This legislation outlines the duty of care for those in control of public spaces and states that they must take steps to ensure the reasonable safety of those visiting said public spaces.
If you are injured because either of these parties breaches health and safety legislation, you may be able to make a personal injury claim. Contact our team of advisors today to learn more about health and safety breach claims.
Common Injuries Caused By Health And Safety Breaches
The Health and Safety Executive records and tracks the different injuries and illnesses that are reported by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences 2013.
It’s difficult to say whether the injuries sustained by employees arise from breaches in health and safety in the workplace. However, the reports provide an insight into the injuries often sustained in different types of workplace accidents.
Some of the most frequent of these might include:
- Work-related stress
- Skin conditions diseases such as occupational dermatitis.
- Musculoskeletal problems that might include back injuries.
- Breathing and other respiratory problems such as occupational asthma.
- Fractures that result in arm injuries or foot injuries.
- Soft tissue injuries
As well as conditions which can arise immediately, longer-term health and safety breaches examples conditions include diseases related to asbestos, hearing damage, cancers, and injuries related to vibration.
Certain workplaces and industries report higher numbers of different forms of these cases. Construction workers might be more prevalent to suffering musculoskeletal issues, whilst those in certain industries might experience greater chances of skin conditions from exposure to hazardous materials. Those working with dust and fumes may also be more likely to suffer problems with their respiratory system.
Health And Safety Breaches – Evidence To Support A Claim For Injuries
When claiming compensation for the breach of the duty of care owed to you, you need evidence to support your claim. In other words, you need to be able to prove that your injuries were caused by a failure to uphold acceptable standards such as those set out in HASAWA.
Regardless of where the incident occurs, you’ll need as much evidence as possible. For example:
- Accident book – If you’re injured at work due to a health and safety breach, then you can fill out the accident book. Having an accident is a legal requirement if your organisation employs 10 or more people.
- Video evidence – For instance, CCTV footage.
- Medical evidence – Test results, medical records, and X-rays are all examples of medical proof. They can also help in valuing your claim.
- Contact information for witnesses – If you can collect the details of any eyewitnesses, they could provide a statement about what they saw.
- Photographs – Both of any physical injuries, and of the hazards that caused them.
To find out more about gathering evidence to support claims for health and safety breaches, get in touch with our advisors today. This is not a complete list, and there will be other examples they can tell you about.
What Can You Include In Your Health And Safety Breach Accident Claim?
General and special damages may make up your compensation settlement following a successful personal injury claim. The amount you receive will vary depending on the specific circumstances of your claim. However, you could use our personal injury claims compensation calculator to get an estimate of what your claim is worth.
The section below will look at how much you could be awarded for specific physical or psychological injuries under general damages.
As well as general damages which cover the pain and suffering your accident caused you, you can also claim for any medical bills. If you have had to buy medication or have private treatment outside the NHS, or simply have had to pay any form of medical costs (or are expected to in the future) you can claim these costs. Special damages can also cover the cost of lost earnings, travel, and home adjustments.
These additional expenses may be claimed under special damages provided you have evidence to support any financial losses, such as receipts or payslips.
Breach Of Health And Safety – Calculating Compensation
If a breach of health safety occurs, someone may be harmed in an accident. If you were injured due a breach of health and safety regulations by your employer, you may have grounds for compensation.
The severity of your injury and its impact affects the payout you may receive. Solicitors also use compensation amounts from the Judicial College Guidelines as a guide in valuing claims. This publication includes a list of compensation amounts calculated using previous court payouts.
Some injuries that could occur due to a breach of health and safety, with corresponding payouts, are listed in the table below. These amounts, taken from the April 2022 edition of the JCG, are only guides and may not match the amount you receive. Please note that the first entry in this table is not taken from the JCG.
Guideline Compensation Brackets
| Injury type | Severity | Settlement band | Notes |
|---|---|---|---|
| Multiple severe injuries and special damages | Severe | Up to £1,000,000+ | Multiple severe injuries and severe financial losses which could include lost earnings and the cost of home adjustments. |
| Brain injury | Moderately severe | £219,070 to £282,010 | There is a very serious disability with a substantial dependence on others. |
| Brain injury | Minor | £2,210 to £12,770 | Brain damage is minimal, and consideration is given to severity. |
| Injury to the back | Severe | £38,780 to £160,980 | May include a broken back or similar permanent injuries. |
| Injury to the ankle | Very severe | £50,060 to £69,700 | Long-term damage and injuries causing loss of function. |
| Injury to the ankle | Severe | £31,310 to £50,060 | Medium-term damage which will be recovered from. |
| Injury to the knee | Severe (i) | £69,730 to £96,210 | Much more serious than the above cateogry. Recovery will need to be over the longer-term. |
| Injury to the knee | Moderate | Up to £26,190 | The claimant may have experienced some loss of ability to use the knee. |
| Hernia | (a) | £14,900 to £24,170 |
Continuing pain and limitations on physical activity, even after repair. |
| Hand injuries | Serious | £29,000 to £61,910 | Injuries that reduce the use of the hands to 50 percent capacity. |
Call our team for more information on how compensation is calculated following an injury sustained after health and safety negligence at work or elsewhere.
No Win No Fee Health And Safety Breach Accident Claims
No Win No Fee means that you can hire a solicitor to represent your claim for the consequences of a health and safety breach accident without having to pay any costs upfront or while your claim is ongoing. With a No Win No Fee claim, you only pay a success fee to your solicitor when your claim is successful. Being able to make a claim using No Win No Fee means that your personal injury solicitor will assume all the risk in working with you on your claim. When you do come to pay for your solicitor’s services, you will already have your settlement and be able to easily manage the fees.
For more information on health and safety breaches examples to understand whether you’re eligible to claim under a No Win No Fee agreement, call our team.
Health And Safety Solicitor – Contact Legal Expert For Health And Safety Legal Advice
You can get free legal advice from our friendly advisors at any time after being injured at work. They work around the clock and can answer your questions about health and safety legal requirements. Furthermore, they can determine your eligibility to claim at no extra cost to you via a free consultation.
After an accident at work that was caused by your employer’s negligence, you could be owed injury compensation. Let our health and safety solicitors help you with an accident at work claim.
Contact Us
Below are a few ways you can get in touch with us:
- Call our dedicated team on 0800 073 8804
- Complete a contact form and we’ll be in touch
- Pop up to an advisor at any time using our free online chat function
Helpful Links And Resources
- I Had An Accident At Work, What Are My Rights? – Have you suffered an accident due to health and safety breaches at work? If so, read our guide to getting the compensation you deserve.
- I Am Self Employed And Had An Accident At Work, Can I Claim? – How much can I claim for a health and safety breach in work leading to an accident when I’m self-employed? Find out in our guide.
- Forklift Truck Accident Claims – Find out how much you could be able to claim if you were injured in a forklift accident in the workplace.
- Consequences Of A Breach In Health And Safety – Find out more about the consequences of a breach in health and safety processes and procedures in this guide from the Health and Safety Executive.
- Get in touch with HSE – Contact details for the Health and Safety Executive.
- Time Limit In Personal Injury Claims – See our guide exploring how long you have to put forward your personal injury claim.
- Learn more about claiming for whiplash with a pre existing condition by reading our helpful guide.
We hope you have found our guide on health and safety breach claims helpful. If you have any questions, please call our team on the number above. They can provide further guidance on the steps you can take following a breach of health and safety.
