FAQs on Accident At Work Claims
In this guide, we discuss frequently asked questions related to accident at work claims, including when you could be eligible to seek personal injury compensation, what evidence could help support your case, and the time limits you need to adhere to when starting legal proceedings. Additionally, we look at how accident at work compensation is calculated.
Employers owe their employees a duty of care with regard to their health, safety and wellbeing. If they breach this duty, it has the potential to cause an accident in the workplace as well as a subsequent injury. Later in our guide, we look at examples of workplace accidents and injuries.
If you’d our team to review your claim and answer your questions regarding seeking compensation, you can:
Select A Section
- What Is The Eligibility Criteria For Accident At Work Claims?
- What Are The Most Common Accidents At Work?
- How Do You Report An Accident At Work?
- Are There Any Time Limits For Accident At Work Claims?
- What Is The Procedure For Accident At Work Claims?
- How Much Compensation Could You Receive From An Accident At Work Claim?
- Why Use No Win No Fee Solicitors To Claim Work Injury Compensation?
- More Resources Relating To Claiming For An Accident At The Workplace
Under The Health and Safety at Work etc. Act 1974 employers have a duty of care placed on them to take reasonable as well as practicable steps in order to prevent employees from sustaining an injury at work and as they perform their duties.
A failure by your employer to do so leading to an accident and injury could mean you’re eligible to begin a personal injury claim. However, to have valid grounds to do so, you must show:
- Your employer owed you a duty of care at the time and place of the accident.
- They breached this duty of care.
- As a result of that breach, you sustained a physical and/or psychological injury.
If all of the above points are met, this forms the definition of negligence in tort law.
Call our team if you have evidence that negligence occurred. They can provide guidance on the eligibility criteria for accident at work claims and help you understand whether you can proceed with your case.
There are several types of accidents that could occur in the workplace and different injuries that could be sustained as a result. For example:
- Slips, trips, and falls at work could occur either on the same level or when working from a height. For example, you might fall from a height after your employer failed to carry out a risk assessment to address the hazards of working from a height. As a result, you might sustain a head injury or back injury.
- Accidents involving defective machinery could occur if workplace equipment is not maintained in a safe condition. For example, your employer might be aware of a faulty machine in a factory but fails to address the issue. As a result, when working on the machine, it breaks and you sustain a traumatic arm amputation.
- Lack of training can lead to serious accidents at work. For example, your employer might instruct you to operate a forklift truck without first providing you with training to do so. As a result, you crash the vehicle and sustain a back injury and broken leg at work.
To discuss your specific accident at work and the claims criteria, please speak with an advisor via the details above.
If a workplace has 10 or more employees, there must be an accident at work book. This can help employers keep a record of any accidents and notice any patterns occurring. Additionally, it can allow them to address and manage any recurring risks and hazards within the workplace.
If you have an accident at work as an employee, you must ensure this is reported and recorded in the accident book. This report can be requested as evidence to help support your claim at a later date.
You might be wondering “How long after an accident at work can you claim for injuries?’. Generally, the time limit for personal injury claims following a workplace accident is 3 years. This is set out in the Limitation Act 1980 and typically runs from the date of the accident. However, some exceptions can apply.
For example, if the injured party is a child, they will be unable to start their own claim, the time limit is paused until they turn 18. A litigation friend can make the claim on the child’s behalf before this date. However, if this isn’t done by the time they turn 18, the injured party will have till their 21st birthday to start their own claim.
Similar exceptions can be made if the injured party lacks the mental capacity to claim themselves. In this instance, the time limit is paused indefinitely. A litigation friend can start the claim on their behalf. If the person recovers their capacity, and no claim has been previously started for them, the time limit is reinstated and runs from the recovery date.
If you’d like to learn more about the time limits for accident at work claims, call an advisor on the number above.
When navigating the personal injury claims process, the Pre-Action Protocol for Personal Injury Claims need to be followed. These are a list of actions that need to be carried out as a way to prevent the case going to court. It needs to be demonstrated that these have been followed prior to a case being taken to court.
The actions are as follows:
- A Letter of Notification needs to be sent. This letter notifies the defendant that you are likely to make a personal injury claim against them.
- Rehabilitation. This involves all parties considering whether any rehabilitation or medical treatment is needed by the claimant. Rehabilitation should be done as soon as possible.
- A Letter of Claim needs to be sent. This gives an overview of the claims facts including what injuries were suffered.
- The Response. The defendant has 21 working days to respond, identifying the insurer. They will then have a maximum of three months from when they acknowledged the Letter of Claim to carry out investigations.
- Disclosure. This is an exchange of any relevant information which can help provide clarification or resolution of any issues in dispute.
- Experts. The claimant should attend an independent medical assessment for a report to be produced.
- Negotiations. While negotiations are being carried out, a Part 36 offer can be made. This allows claimants and defendants to put forward any offers to settle pre-proceedings.
- Alternative Dispute Resolution. In instances where parties are unable to agree, arbitration or mediation can be tried as a way to resolve the issue. If no resolution can be reached here then legal proceedings will need to be initiated.
Should you opt to instruct a solicitor to represent you and handle your case, they will be able to take these actions for you. Call our team to find out whether one of our expert solicitors could assist you through the accident at work claims process.
Successful accident at work claims could see a compensation payout comprising up to two heads of loss awarded. These are:
- General damages – Compensating for the pain and suffering of any injuries, physical, psychological, or both.
- Special damages – Compensating for the financial losses caused by the injuries, such as lost income, care costs, and medical expenses. Evidence in the form of receipts, payslips, and invoices, can help prove these losses.
When valuing general damages, reference can be made to the Judicial College Guidelines which contains a list of guideline award brackets. These correspond with different kinds of injuries. You can see some of these figures in the table below, with the exception of the first entry.
Please use these figures as a guide only.
|Injury Type||Severity||Guideline Award Brackets||More Information|
|Multiple Serious Injuries With Special Damages||Very Serious||Up to £1,000,000 and above||A payout consisting of compensation for the physical and psychological impacts of several injuries of a serious nature plus the financial losses incurred, such as lost income and care costs.|
|Brain Injury||Very Severe||£282,010 to £403,990||Full-time nursing care is required.|
|Less Severe||£15,320 to £43,060||A good recovery and return to work and partaking in a normal social life.|
|Arm Amputation||Loss of Both Arms||£240,790 to £300,000||The person is reduced to a state of substantial helplessness.|
|Loss of One Arm (iii)||£96,160 to £109,650||The arm is amputated below the elbow.|
|Hand Injury||Loss of Both Hands Completely or Effectively||£140,660 to £201,490||A serious injury leading to both hands becoming extensively damaged rendering them little more than useless.|
|Less Serious||£14,450 to £29,000||A crush injury that's severe and causes significant function impairment but without the need for any future surgery.|
|Back Injury||Severe (i)||£91,090 to £160,980||Spinal cord and nerve root damage resulting in severe pain and disability alongside other issues, such as incomplete paralysis and a significant impairment of bowel and bladder function.|
|Moderate (i)||£27,760 to £38,780||Injuries covered in this bracket include a damaged intervertebral disc with irritation of the nerve root and affected mobility.|
Call our team on the number above to discuss in more detail how compensation in accident at work claims is calculated.
If you work with one of our specialist solicitors, they’ll be able to use their knowledge of the accident at work claims process to assist you.
What’s more, they’ll provide a No Win No Fee service by offering you a Conditional Fee Agreement (CFA). Under the typical terms of a CFA, you won’t pay for the solicitor’s work at the following times:
- Upfront when your case begins.
- During the claims process as your case proceeds.
- If the claim fails and you are not awarded any compensation.
Following a claim with a successful outcome, there will be a success fee deducted from your compensation. This is taken as a percentage which has a legal cap applied to it. As such, you will keep the majority of your settlement.
To see if your claim could be handled by one of our solicitors you can:
- Call 0151 375 9916.
- Send a message through our online chat feature.
- Write to us via our ‘Contact Us’ form.
For more guides relating to accident at work claims:
- Advice on your rights following an accident at work including when you could claim compensation.
- This article explains when a back injury at work could lead to you having valid grounds to start a compensation claim.
- Information on what to do after an accident at work including when the accident report book should be used.
For more external resources:
- Information from the NHS about when to call 999 if you’ve been injured in an accident.
- Details of how to report a health and safety issue to the HSE.
- Government guidance on the different types of employment status including workers, contractors and self-employed.
Thanks for reading our guide answering questions about accident at work claims. If you require any further information, please call our advisors via the contact details above.