How To Claim For An Injury At Work
This guide examines how to claim for an injury at work. Being injured at work can be minor, but serious and even fatal accidents can occur. If your injuries resulted from your employer breaching the duty of care they owed when the accident occurred, you could be eligible to begin a personal injury claim.
Below, we explore the eligibility criteria to start a claim after accidents at work. You will also find information on the different injuries that could occur in the workplace and what compensation could be paid out for these injuries upon the success of a personal injury claim.
The final section of this guide details the No Win No Fee contract offered by our solicitors, and what benefits this presents to claimants who begin their claim with us.
You can speak to our dedicated team of advisors to ask any questions about the contents of this guide, as well as to get a no-obligation assessment of your particular circumstances free of charge. To reach our team:
Select a Section
- Injury At Work Claims – When Are You Eligible For Compensation?
- How To Claim For An Injury At Work
- What Is An Example Of An Accident At Work Caused By Negligence?
- How Much Accident At Work Compensation Could You Receive?
- Make A No Win No Fee Injury At Work Claim Using Our Solicitors
- Learn More About How To Claim For An Injury At Work
To be able to start a claim following an accident at work, the following eligibility criteria need to be satisfied:
- Your employer owed you a duty of care when the accident occurred.
- They breached the duty that they owed.
- You sustained an injury because of this breach.
The Health and Safety at Work etc. Act 1974 establishes an employer’s duty of care. Per the Act, there is a requirement to take reasonable steps to ensure the safety of employees during the course of their work activities. What this involves will vary depending on the nature of the work being done, but it can include:
- Ensuring all relevant training is carried out properly.
- Providing personal protective equipment free of charge.
- Taking measures to keep the work environment free from slip and trip hazards.
Time Limits When Claiming For An Injury At Work
The time limit to begin legal proceedings for an accident at work is typically 3 years from the accident date, as per the Limitation Act 1980.
In certain circumstances, exceptions to the standard 3-year limit can be made, and an extension may be granted. To learn more about whether your particular circumstances are eligible for an extension, talk to our team of advisors today.
A key part of how to claim for an injury at work is the provision of supporting evidence. Evidence can be used to demonstrate not only how the accident occurred, but the extent and impact of your injuries. Some possible examples include:
- It is always advisable to seek proper medical help following an accident, even if your injuries seem minor. Not only is this important for your health and well-being, but you can obtain copies of letters from your doctor or hospital that highlight the extent of your injuries such as scans and test results.
- Photographic evidence of your injuries and the immediate scene of the accident.
- CCTV footage showing the accident taking place. You have the right to request copies of video footage you appear in.
- Obtain contact information of potential witnesses so their statements can be taken during the claims process.
- Employers with 10 or more staff are legally required to keep a workplace accident book. You can acquire a copy of your incident report as evidence.
You could get the support of one of our solicitors for collecting evidence. Talk to our advisors to get your potential claim assessed. If it’s decided you have valid grounds to proceed, we can help you start your personal injury claim right away.
A number of different accidents can occur in workplaces if employers do not uphold their duty of care to their employees. We have detailed a few example scenarios here:
- Despite multiple reports from employees that a machine was in need of repairs, the employer failed to conduct the maintenance within an adequate time frame, instructing employees to continue to use the machine. An employee suffered a severe electric shock when the machine failed.
- Employees had not received the proper manual handling training. An employee attempted to lift an object well above the recommended weight and sustained injuries to their lower back and knees.
- A walkway had not been cleared of debris after the unloading of goods. An employee carrying a box slipped on the packing material and hit their head, suffering a serious injury.
If you are unsure as to whether your accident at work was caused by your employer failing to uphold their duty of care, speak to our advisors today. They can assess the circumstances of your accident free of charge and advise you as to the validity of your potential claim.
Now we have explained how to claim for an injury at work, this section explores what a claim could potentially be worth. Successful personal injury claims are awarded compensation. A compensation payout can consist of up to two different heads of claim. The first of these, general damages, accounts for the physical and psychological impacts of your injuries.
Solicitors can use the figures in the Judicial College Guidelines (JCG) alongside any medical evidence to calculate a possible value for your injuries. The JCG publication contains guideline award brackets for a wide variety of injuries. A selection of these brackets were used to create our compensation table.
This table has been provided to act as guidance only. Since personal injury claims are calculated on their individual facts, we cannot guarantee the compensation amounts listed.
Injury Severity Guideline Amount Notes
Brain Damage Moderately Severe (b) £219,070 to £282,010 Cases involving very serious disabilities including paralysis and cognitive impairment with substantial dependence on others.
Moderate (c)(i) £150,110 to £219,070 Moderate to severe intellectual deficit, effect on the senses and risk of epilepsy.
Back Injuries Severe (a)(iii) £38,780 to £69,730 Injuries such as disc lesions, fractures or soft tissue injuries leading to chronic conditions with persisting disabilities despite treatment.
Moderate (b)(i) £27,760 to £38,780 Injuries such as compression fractures with a substantial risk of osteoarthritis and constant pain and discomfort.
Chest Injuries Traumatic injury (b) £65,740 to £100,670 Permanent damage to the chest, heart and/or lungs with functional impairment, physical disability and reduced life expectancy.
Simple Injury (d) £12,590 to £17,960 For example a single penetrating wound causing some permanent damage but no significant long-term effects.
Arm Injuries Permanent and Substantial Disablement (b) £39,170 to £59,860 Serious fractures with significant permanent residual disability in one or both forearms.
Less Severe Injury (c) £19,200 to £39,170 While the injured person will have experienced significant disability, a substantial recovery will have taken place or be expected.
Leg Amputation Above-knee Amputation of One Leg (a)(iii) £104,830 to £137,470 Award will depend on the presence and severity of phantom pain, success of prosthesis and any side effects in remaining joints.
Below-knee Amputation of One Leg (a)(iv) £97,980 to £132,990 A traumatic amputation or cases involving numerous attempts to save the damage leg leading to amputation. Factors such as phantom pains, joint problems and psychological impact also considered.
How To Claim Special Damages After an Injury At Work
Special damages, the second of the two heads of claim that could make up your compensation payout following the success of your claim, is awarded for the financial losses that stem from your injuries. Examples include:
- You could claim back any lost earnings due to time taken off work to recover from your injuries.
- Out-of-pocket medical expenses, such as prescriptions or physiotherapy.
- You could be reimbursed for the cost of travel to and from work if your ability to drive has been affected.
- Domestic support such as meal preparation, cleaning or maintenance of outside space if you are unable to carry out these activities safely by yourself.
To be awarded compensation under special damages evidence will need to be provided. Retain copies of any travel tickets, receipts or invoices for care as evidence of any incurred expenses.
Speak to our advisors using the contact information given below for a more specific estimate of the compensation you could be entitled to. They can offer further explanation of how personal injury compensation is calculated as well as offer a cost-free assessment of your potential claim.
Our dedicated team of advisors can assess your particular circumstances free of charge. They can then connect you with one of our specialist solicitors if it is decided you have valid grounds to start a claim. The solicitor can then offer you a type of No Win No Fee contract called a Conditional Fee Agreement (CFA).
Claiming under a CFA presents notable benefits to claimants. Generally, there are no upfront fees for the solicitor to start working on your claim. You will also not be liable for any fees during the claims process for the solicitor’s services. Finally, an unsuccessful claim will not incur a fee for the solicitor’s services.
Successful personal injury claims are awarded with a compensation payout. The solicitor will deduct a percentage of this payout as their success fee. By law, the maximum percentage that can be charged as a success fee is capped. What this means is you will keep most of your awarded compensation.
You can speak to our dedicated team of advisors to ask any questions about the contents of this guide, as well as get a no-obligation assessment of your particular circumstances free of charge. To reach our team:
Here are some extra resources you may find useful:
- The NHS offers a comprehensive guide on back pain here, which you may find helpful if you suffer this type of injury at work.
- This government resource offers important guidance on requesting CCTV footage of yourself
- Head here for a breakdown of the Health and Safety Executive’s guide to the Manual Handling Regulations.
Thank you for reading this guide on how to claim for an injury at work. Our advisors can answer any questions you may have and provide an assessment of your potential claim. Get in touch today using the contact provided above.