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Accident At Work Claims

Accident at work claims can be difficult to understand. From understanding the personal injury claim time limit and obtaining evidence to knowing how to present a case and value injuries, there’s a lot to consider. That’s why many people look for the help of No Win No Fee solicitors.

In this guide, we answer all of your questions and offer advice on how to find accident at work lawyers, such as ourselves, to help you with your case.

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£70 million in compensation

Won for our clients by JF Law Solicitors

Accident At Work Claims

Accident at work claims can be difficult to understand. From understanding the personal injury claim time limit and obtaining evidence to knowing how to present a case and value injuries, there’s a lot to consider. That’s why many people look for the help of No Win No Fee solicitors.

In this guide, we answer all of your questions and offer advice on how to find accident at work lawyers, such as ourselves, to help you with your case.

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Who Can Make Accident At Work Claims?

It’s important to understand how accident at work claims work, the process they follow, and how to successfully prove a claim.

These types of cases are centred on proving that your employer was negligent. To establish this, three criteria need to be met:

  • That your employer owed you a duty of care
  • Your employer breached that duty
  • And, as a result of that breach, you suffered an injury

All employers owe their staff a duty of care to keep them as safe as reasonably possible. This applies to both full-time employees and part-time workers.

This duty is set out in the Health and Safety At Work etc. Act 1974. Unless you’re self-employed, this is fairly straightforward to establish.

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The toughest part of proving negligence is successfully arguing that your employer breached their duty of care. Employers only need to do everything reasonably possible. So if, for example, they have supplied personal protective equipment (PPE), conducted risk assessments and given staff training on the role, but an accident still happens, it could be hard to argue an employer has been negligent.

But if they didn’t conduct risk assessments, failed to supply PPE like hard hats to protect from head injuries, or didn’t repair a machine that was reported faulty, breach of duty could be established. This can also be the case if your employer hasn’t supplied you with goggles in a setting where eye injuries can happen.

For another example, we could look at factory accident compensation claims. If your employer fails to maintain the production line you work on, for instance, it could create hazards like the risk of cutting yourself on the machine.

Another example could involve them failing to repair a broken hoist, which breaks and causes a heavy pallet to drop, inflicting an ankle injury.

And in a serious example, if on a construction site a crane is lifting an item that’s too heavy, it could knock it off balance, causing it to fall and potentially crushing those below. 

Lastly, it’s necessary to prove that an injury was caused by the accident. It could also at least have contributed to an existing injury getting worse or accelerated the time in which that problem would have manifested.

How Long Do I Have To Make An Accident At Work Claim?

There are time limits in place when it comes to making an accident at work claim. Let’s break it down:

  • From the date of the accident, you have 3 years to issue court proceedings. So if you suffered a back injury at work on 11th August 2022, you’d have until 11th August 2025.
  • If you lack the mental capacity to claim, perhaps because of the accident, the time limit freezes until you regain your capacity.
  • For those under the age of 18, the time limit does not begin until you reach your 18th birthday. From that date, you’ll have until your 21st birthday to issue court proceedings.

Leaving a claim late is never advisable. Your solicitor needs time to gather evidence and present the case. The longer you leave it, the harder the job for them is. And the less likely they will be to work with you.

If you’d like to learn more about the accident at work claim time limit, check out our guide here. 

What Evidence Do I Need To Prove An Accident At Work Claim?

To prove a claim, it’s necessary to obtain evidence. Here are some tips on proving accident at work claims:

  • Report the accident – in the aftermath of the workplace accident, it’s important to report it to your employer and for them to record it in the accident report book. This could serve as a key piece of evidence in proving a claim
  • Get medical treatment – if you’ve suffered an injury, it’s important to get medical treatment. You may not require immediate care, but a visit to your GP will help ensure you’re all okay and also confirms on paper that you suffered an injury because of the accident
  • Take photographs – to help establish the cause of the accident and any contributing factors, taking photographs of the scene or of any equipment or machinery involved can help establish employer negligence
  • Try to obtain CCTV footage – linked to photographs, CCTV footage showing the accident can also help establish just what happened
  • Speak to any witnesses – if somebody witnessed what happened, their evidence could make all the difference. Speak to them to see if they’d be willing to help you
  • Evidence of costs and expenses – if you’re unable to work due to an accident at work, it’s possible to claim back any wages you’ve lost as a result. To do so successfully, keep hold of all of your payslips which show the difference in your salary.

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Frequently Asked Questions

Let’s take a look at some common examples of incidents that lead to accident at work claims.

According to the Health and Safety Executive (HSE), the most common workplace accidents include:

  • Slips, trips and falls amount to around 33% of all workplace injuries. Causes include poor lighting or spillages and can result in injuries ranging for brain damage to knee injuries
  • Manual handling – around 18% of all injuries at work are caused by handling, lifting or carrying which can result in, for example, finger injuries
  • Struck by a moving object – 10% of injuries in workplaces are caused by these types of incidents, such as boxes falling from shelves or getting struck by a pallet truck
  • Acts of violence make up around 8% of all workplace injuries, such as colleagues assaulting one another, or lone workers being attacked in an office
  • Falls from a height – at 8%, this is also a common type of accident at work and could involve people falling from ladders or scaffolding
  • Injured by work equipment – this could include the likes of tools, like angle grinders, or equipment like production lines

We also have experience handling claims similar to those listed above and others, such as self-employed accident at work claims.

Making accident at work claims can be far more straightforward and less stressful if a legal representative is appointed to your case. It is simple and easy to find out if one of our expert No Win No Fee accident at work solicitors could take on your claim.

All you need to do is call our advisors and let them assess your case for free. They can advise you if you have suitable grounds in which to bring a personal injury claim after suffering an injury in the workplace. If they find that you meet the eligibility criteria, they could connect you to a personal injury solicitor. All our solicitors work on a No Win No Fee basis for all claims they take on. They do this by using a Conditional Fee Agreement CFA.

When working with a solicitor via a CFA, you will not be asked to pay for their service:

  • Before work begins on your case,
  • While the case is in progress,
  • Or if the personal injury claim should fail.

If your accident at work compensation claim succeeds, you will be awarded a compensation settlement. As part of the terms of the CFA, the solicitor can capture a success fee from the compensation. The success fee is a percentage of the compensation. This is legally capped by the Conditional Fee Agreements Order 2013 to ensure that you receive the majority of your settlement.

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If you’ve been injured at work find out today if you could make an accident at work claim. If you’d like to make a compensation claim, please get in touch with us…

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