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Can You Claim If Injured By A Breach Of Health And Safety At Work?

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£70 million in compensation

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Can You Claim If Injured By A Breach Of Health And Safety At Work?

100% No Win No Fee

National Claims Service

Experienced And Specialist Solicitors

Excellent
four and a half stars TrustPilot score
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Last Updated 29th January 2025. In this guide, we discuss when you could be eligible to make a personal injury claim following a health and safety breach at work. Employers have a duty of care to prevent injury to employees at work and while they perform their tasks. However, a health and safety breach isn’t always valid grounds to begin a claim against your employer. Certain criteria need to be met to proceed, which we will discuss further in our guide. You can also find information on the evidence you could collect to prove your case.

Additionally, we will look further at the legislation that outlines an employer’s duty of care and the steps they can take to prevent you from becoming injured in an accident at work. We also provide examples of how a workplace accident could occur and the injuries that could be sustained.

Furthermore, we discuss personal injury settlements, including what they can comprise and how they are calculated.

Finally, our guide explores the benefits of working with one of our personal injury solicitors on a No Win No Fee basis

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Can You Claim If Injured By A Breach Of Health And Safety At Work?

If you are injured by a breach of health and safety at work, you may be able to seek personal injury compensation. You must be able to meet the following criteria:

  • Your employer owed you a duty.
  • Your employer breached their duty of care.
  • In their breach, your employer harmed you.

If you were at work at the time, your employer owed you a duty of care. All employers owe their staff on duty of care under The Health and Safety at Work, etc. Act 1974. They must take every reasonable and practicable step to keep you safe. Examples include:

  • Conducting and acting on regular risk assessments.
  • Communicate an up-to-date health and safety policy to all staff.
  • Provide and maintain Personal Protective Equipment (PPE).
  • Train employees to work without harming themselves or others.

Failure to do any of the above could constitute a breach of health and safety codes and their duty of care. The key is proving that a breach caused your accident and injuries.

If you would like to discuss your specific case and learn more about eligibility, please don’t hesitate to contact an advisor at the number above.

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Examples Of Health And Safety Breaches Leading To An Accident At Work

There are many ways in which a breach of health and safety at work could lead to an accident at work and subsequent injury. Here are some examples:

  • You fell at work because you weren’t given a safety harness when working from a height.
  • Where you sustained a back injury after being instructed to carry out manual handling tasks without any training on proper lifting techniques.
  • If you sustained a head injury after slipping on a wet floor with no warning signs or hadn’t been cleaned up in an adequate time frame.
  • You suffered chemical burns because your employer failed to provide you with PPE, such as gloves, when working with hazardous substances.

 

To discuss your specific case and find out whether you’re eligible to begin a personal injury claim, don’t hesitate to get in touch with an advisor at the number above.

Do I Need To Report A Breach Of Health And Safety At Work?

If your accident was the result of your employer breaching their legal duty of care, reporting the incident could help ensure that it does not happen again.

The Health and Safety Executive (HSE) is Britain’s workplace health and safety regulator. Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), employers have to report specified injuries and incidents in the workplace, regardless of whether health and safety negligence was the cause or not. Your employer should also ensure that any incident is noted down in the workplace accident book.

However, individuals can also tell the HSE about a health and safety breach at work. This is not a legal requirement, but reporting a problem could lead to the HSE investigating the issue and issuing an enforcement notice to the employer. This would either be an instruction to improve conditions or a more forceful prohibition notice which demands that an unsafe practice stop immediately.

If you’d like to know more about reporting a breach of health and safety, as well as seeking compensation for an accident you’ve been in, you can call us for free advice right now.

Proving Liability After A Breach Of Health And Safety At Work

If you are eligible to make a personal injury claim following a breach of health and safety at work that caused you to sustain harm in an accident, you should gather evidence to support your case.

Here are some examples of the types of evidence you could use to support a work injury claim:

  • CCTV footage of the accident.
  • Information about anyone who saw the accident so that a witness statement can be collected from them.
  • Photographs of any visible injuries and the accident scene.
  • Your copy of the accident report form as this could show the date, time, and location of the incident.

 

If you have an eligible case, you might benefit from instructing an accident-at-work solicitor from our panel. They are experienced in handling claims of this nature and could assist you in building a strong body of evidence to substantiate your claim. To find out whether you’re eligible to have them begin work on your case and help you seek compensation, call an advisor today.

Examples Of Potential Compensation For A Workplace Accident Claim

Personal injury compensation payouts can comprise up to two heads of loss, each compensating for how you have been affected by your injuries. Firstly, compensation for the suffering and pain you have experienced due to your psychological, physical, or both injuries is awarded under general damages.

To help them calculate this head of loss, solicitors can refer to the guideline compensation brackets corresponding with different injuries listed within the Judicial College Guidelines (JCG). They can also use a medical report from an independent medical assessment, which can be arranged on your behalf as part of the claims process.

The table below contains figures from the JCG. However, as settlements can vary, please only use the figures as a guide.

Compensation Table

Claiming For Special Damages

Special damages are the second head of loss, compensating for the financial costs and losses incurred due to your injuries. For example, you may be entitled to compensation to cover:

  • Medical expenses, such as physiotherapy or private remedial surgery.
  • Travel expenses.
  • Lost earnings.
  • Care costs at home.
  • The cost of making changes at home.

 

Any costs you claim back will need to be proved. You can do this with receipts and payslips.

For more information on how accident-at-work compensation is awarded, please speak with an advisor using the number at the top of the page.

Why Claim On A No Win No Fee Basis?

There are many advantages to instructing a solicitor to help you seek compensation. For example, they can:

  • Manage the claim from start to finish.
  • Send correspondence relating to your claim on your behalf.
  • Help you collect the evidence needed to prove how your accident happened and the injuries you sustained.
  • Contact you regularly with updates about the progress of your claim.
  • Value your settlement.

Our solicitors offer similar services on a No Win No Fee basis. This means they can send you a Conditional Fee Agreement (CFA), the terms of which typically mean you won’t need to cover any fees for your solicitor’s services upfront, during the claim, or if the claim fails.

Should you have a successful claim and receive compensation for your injuries, your solicitor will deduct a success fee from this. This is taken as a percentage that is legally capped.

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Our legal team has experience handling claims in dozens of countries and has the contacts and knowledge to make the process swift and smooth.

Moreover, if your case has good prospects of success, we can represent you under a No-Win, No-Fee agreement. This means you wouldn’t have to pay fees upfront while the claim progresses and nothing if it fails.

When you contact us, you have nothing to lose and no obligation, so don’t hesitate to do so a moment longer. Request a callback today.

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