Understaffing At Work Injury Claim Solicitors
Learn when you could make an understaffing at work injury claim with our expert solicitors.
£85 million in compensation
Understaffing At Work Injury Claim Solicitors
Learn when you could make an understaffing at work injury claim with our expert solicitors.
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Understaffing At Work Injury Claim: Eligibility, Process & Payouts
Workplace understaffing imposes a significant risk to the health and safety of employees. Not only in regard to their physical health due to a lack of safety precautions and monitoring, but also in relation to their mental health due to stress and overload.
If you have encountered such suffering, you may be eligible to pursue an understaffing at work injury claim with our excellent solicitors here at JF Law. They have years of experience working on a variety of injury at work claims and could help you with yours.
Key Takeaways
- Understaffing at work refers to an inadequate number of staff members that jeopardises employees’ health, safety, and well-being.
- All workplaces must have an adequate number of staff working to ensure employee safety and manage workloads to prevent physical or psychological harm.
- Compensation may be awarded to employees who have sustained injuries at work due to inadequate staffing, for their harm and financial losses.
- You will need to gather evidence that proves there were inadequate staff members when you suffered your accident, such as employee time sheets.
- Our specialist workplace accident solicitors may help you claim compensation for injuries caused by understaffing on a No Win No Fee basis.
Contact Us
Contact our advisors today to start an accident at work compensation claim or to learn more about the process by:
- Giving them a call on 0151 375 9916 to go over the details of your claim
- Contacting us online
What Is Meant By Understaffing At Work?
Understaffing at work refers to circumstances in which there is a deficit of employees to efficiently uphold workplace demands and safety measures. This is considered problematic and negligent as it means there are not enough members of staff to ensure workplace health and safety measures are followed, putting employees at risk of physical or mental injuries.
As this guide goes on to discuss, employees may be eligible for compensation if they sustain injuries due to inadequate staffing at work.
If you have any questions about starting a claim for work injuries caused by understaffing, do not hesitate to call our advisors.
How Could Understaffing At Work Lead To Injuries
Understaffing at work may lead to employees sustaining injuries, most often due to heavier workloads and diminished attention to safety protocols. As such, it is important for employers to ensure workplaces have an appropriate number of staff members on site for the tasks that need to be completed.
Here are some specific examples of how understaffing may result in workplace injuries:
- A construction site may be understaffed, requiring workers to complete potentially dangerous tasks independently. So, a worker may be on a ladder without another employee to support him. If he falls off, causing paralysis, he may be eligible to pursue an understaffing at work claim.
- A factory may be understaffed, so an employee may be working on a conveyor belt alone when it requires at least two members of staff. If the employee’s trousers become trapped in it and there is nobody to stop the machine, it may result in their broken leg, for which they may claim compensation.
- If a hospital is understaffed, a nurse may be informed to treat patients on a ward independently. Due to the level of exhaustion and stress this responsibility and workload impose, it may result in the nurse suffering psychological distress. As this was caused by understaffing, it is sufficient grounds for a claim.
If understaffing at work resulted in you sustaining injuries, inform our advisors today to find out if you can claim compensation.
Can I Claim For Injuries Caused By Understaffing At Work?
Yes, you may claim for injuries caused by understaffing at work if said injuries were caused by your employer’s negligent actions or inactions, such as not ensuring enough staff members were on duty when your accident took place. Essentially, you will need to prove:
- Your employer owed you a duty of care
- Your employer breached their duty of care
- This resulted in your workplace injuries
All employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974. To fulfil this duty, they must take reasonable and practicable steps to ensure their employees remain safe at work. This also refers to ensuring there is an appropriate number of staff members on site to protect their safety.
Failure to do so is considered negligent and constitutes a breach of the employer’s duty of care. So, if you sustained injuries due to understaffing and your employer is at fault for this, you may be eligible to claim compensation.
Get in touch with our advisors today to find out if you can start an understaffing accident at work claim.
Injuries Caused By Understaffing At Work Claim Payouts
Payouts for injuries caused by understaffing at work typically vary in each claim as they are calculated based on the claimant’s specific injuries and monetary losses.
The compensation for your physical injuries and psychological harm is calculated by your solicitor under the head of claim general damages. When valuing this, they can refer to an independent medical assessor’s report of your injuries and the compensation guidelines from the Judicial College (JCG).
The JCG is a list of injuries alongside their suggested compensation brackets. The following table contains entries from the JCG for injuries that may occur due to a lack of staff at work. You may read this to see how much your injuries may be valued at, but please note that, as these figures are suggestive, they are not guaranteed. Additionally, the first entry has not come from the JCG.
| Injury | Compensation | Notes |
|---|---|---|
| Multiple Severe Injuries and Significant Financial Losses | Up to £1 million plus | This may be awarded to those who sustain multiple injuries that are severe, causing claimants significant financial losses. |
| Very Severe Brain Damage | £344,150 to £493,000 | These brackets depend on the claimant’s life expectancy, awareness, physical limitations, sensory impairment, behavioural problems and whether they are epileptic. |
| Paraplegia | £267,340 to £346,890 | These brackets depend on the claimant’s degree of pain, independence and depression as well as their age, life expectancy and sexual function. |
| Severe Psychiatric Damage | £66,920 to £141,240 | Factors considered for an award within these brackets include the effect psychological harm has on the claimant’s ability to cope with life, relationships and future vulnerability. They also take into account the prognosis and success of treatment. |
| Total Loss of One Eye | £66,920 to £80,210 | These brackets are suggested to those suffering from a loss of sight in one eye and depend on the claimant’s age, cosmetic appearance and psychological distress. |
| Arm Injuries Causing Permanent and Substantial Disablement | £47,810 to £73,050 | These brackets are considered for serious forearm fractures to both or one arm causing permanent and significant functional or cosmetic residual disability. |
| Severe Leg Injuries (iii) Serious | £47,840 to £66,920 | These brackets are considered for serious compound or comminuted fractures as well as joint and ligament injuries requiring prolonged treatment. They also take into account the development of arthritis and scarring. |
| Less Severe Elbow Injuries | £19,100 to £39,070 | Such brackets are suggested if the claimant has an impaired function of their elbow that is not significantly disabling or requires major surgery. |
| Moderate Foot Injuries | £16,770 to £30,500 | These brackets are for displaced metatarsal fractures that cause permanent deformity and long-term symptoms. They also consider future arthritis and surgery. |
| Multiple Laceration Scars or a Disfiguring Scar | £9,560 to £27,740 | Such brackets are considered for scarring to a claimant’s leg(s), arm(s), hand(s), back and chest. |
Can Understaffing At Work Claims Cover Other Damages Caused By My Accident?
Yes, in understaffing at work claims, your compensation may cover other damages, such as momentary losses, if you incurred them due to your injuries. This element of your compensation would be awarded under special damages.
Some examples of financial losses often associated with such claims include:
- Missed wages, if you were not paid for time off due to your injuries
- Lost work benefits, such as missed bonuses or pension contributions
- Costs towards medical treatment and prescriptions
- Travel costs for getting to and from appointments
- Childcare costs, if you require support with this
- Special equipment costs, such as recovery aids
- Home and vehicle modification costs, such as mobility aids
A future loss of wages may also be considered under special damages. Such as if you are no longer able to return to work, or you are required to pay for future medical treatment or support.
Contact our advisors today to discuss how much compensation you may be entitled to for injuries caused by understaffing at work.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
How Can I Prove That Negligence Caused My Understaffing Accident?
To prove that negligence caused your understaffing accident, you could gather evidence that supports your case, such as your workplace’s time sheets, and your medical records.
Below, we have set out some of the steps you could take to help support your claim:
Seek Out Medical Attention
You should seek out medical attention for any injuries you have suffered, regardless of whether they are minor or severe. Your medical records created from this could be used as evidence in your claim.
Gather Supporting Evidence
You should gather supporting evidence that demonstrates what injuries you suffered and how your employer was liable for them. Evidence could include:
- Your workplace’s time sheets to show how many staff members were scheduled when you had your accident
- Any CCTV footage of your accident
- The findings of an independent medical assessment (one of our solicitors could help you organise this)
Report The Accident
You should report the accident to your employer and also note it down in your workplace’s accident book. This report could then be used as evidence in your claim, as it will have a detailed record of what happened.
Note Down How Your Injury Affects You
By noting down how your injury affects you following the accident, such as any physical and psychological suffering, this could be used as evidence in your claim for how your injuries have impacted your daily life.
Seek Legal Advice
You should seek legal advice after your accident to see if you could be eligible for compensation. Our solicitors have years of experience working on workplace injury claims and could help support you throughout the claiming process.
Contact our advisors today to learn more about how our solicitors could help you.
Is There A Time Limit To Claiming For Injuries Caused By Understaffing At Work?
Yes, there is a 3-year time limit to claiming compensation for injuries caused by understaffing at work. This runs from the date your accident took place, as set out under the Limitation Act 1980.
You learn more about this time limit and the exceptions that apply to it by reading our time limit guide.
If you have any questions regarding the time limit of accident at work claims, or to find out how long you have to start a claim, contact our advisors.
No Win No Fee Understaffing Injury Claims With JF Law
You may start a No Win No Fee understaffing injury claim with our excellent solicitors at JF Law, as they offer their services under a Conditional Fee Agreement (CFA). By doing so, you can receive their legal support without the worry of paying any upfront costs for their work. You will also not need to pay them for their services while the claim is ongoing or if it ends unsuccessfully.
Rather, if your claim is successful, a success fee will be taken from the compensation. The law limits the percentage that can be charged as this fee.
Our compassionate and dedicated solicitors at JF Law have undergone extensive training to become specialists in accident at work claims and want to utilise their legal expertise to support you by:
- Explaining the claims process, legal jargon, and documents
- Helping you gain the highest possible compensation amount
- Assisting you with building your claim and establishing third-party liability
- Helping you access an independent medical assessment
- Setting you up on the right path to physical and mental recovery
Contact Our Solicitors To Make A Claim
Contact us today to start an accident at work claim with an excellent No Win No Fee solicitor of ours today by:
- Calling our advisors on 0151 375 9916 to discuss how you sustained injuries at work
- Contacting us online
More Information
Click on the links below for more information about accident at work claims.
- Information about what to do after an accident at work
- Learn how to claim for an accident at work while self employed
- A guide explaining claims for health and safety breaches at work
References
- Access an urgent care facility, NHS.UK
- Learn more about employment rights, GOV.UK
- Information about personal protective equipment, HSE.UK
Thank you for reading this guide, which explains how to start an understaffing injury at work claim with our excellent solicitors.
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