What Are My Rights After An Accident At Work?
This guide will discuss the question, ‘What are my rights after an accident at work?’. In some cases, you may be eligible to make a personal injury claim. However, there are a set of criteria that need to be met in order for you to have valid grounds to do so. We will explore these in more detail later in our guide, as well as the evidence you could potentially gather to support your case.
We also cover the duty of care your employer owes you and the law that outlines their responsibilities with regard to employee safety at work.
Additionally, we outline the forms of compensation that could be awarded if your case is successful.
Finally, we discuss how working with a solicitor who has experience handling accident at work claims could benefit you, as well as the option to work with a solicitor from our panel on a No Win No Fee basis.
Our advisors can discuss any questions you might have after reading and perform a free assessment of your potential claim. You can reach out by:
Browse Our Guide
- What Are My Rights After An Accident At Work?
- How Could Employer Negligence Result In An Accident At The Workplace?
- How To Prove Negligence In Accident At Work Claims
- What Compensation Could Be Awarded From A Successful Work Injury Claim?
- Use A No Win No Fee Solicitor To Claim Compensation
- Learn More About Your Rights After An Accident At Work
If you have been injured in an accident at work, you have the right to seek compensation accounting for the way you have been affected by the harm you sustained. However, in order to have valid grounds to make a personal injury claim for a workplace accident, you must show that:
- Your employer owed you a duty of care at the time and location of the accident.
- They breached this duty of care.
- The breach caused an accident, leading to physical and/or psychological injury.
The above requirements lay the foundation of negligence in claims for a personal injury. Negligence must be proven for a case to be valid.
Employer’s owe a duty of care to their employees as laid out by Section 2 of the Health and Safety at Work etc. Act 1974. It states that employers must take reasonably practicable steps to keep employees safe.
If you have evidence that your employer breached their duty of care and this caused you to sustain harm in an accident, please contact an advisor to discuss whether you could make a claim. They could also provide more guidance on what your rights are after an accident at work.
The following examples show how an employer could breach the duty of care they owe leading to an accident in which an employee sustains harm.
- An employer asks a worker to carry an extremely heavy item that should be moved with specialist equipment, which is not provided. The employee suffers a bad neck and back injury while trying to transport the item.
- Staff are not trained in using a new machine. One employee’s hand is caught and badly lacerated in the machine, leading to an amputation.
- An employee has a fall at work from a cherry picker platform. Their employer knew that the cherry picker was in poor condition but encouraged its use regardless. The employee breaks their leg and suffers a head injury as a result.
- A factory floor is cleaned with a mop and no warning signs of the slip hazard are put down. As a result, an employee slips and falls and badly injures their hip.
However, not all accidents at work result from an employer breaching their duty of care. As such, it may not always be possible to claim.
If an employer’s breach of duty has led to you suffering injuries, our advisors can discuss your experience and offer insight on whether you have a claim. Reach them today by calling or starting a conversation online.
A personal injury claim must be supported by relevant evidence to highlight employer negligence. Forms of proof you could collect include:
- A copy of the work accident book entry concerning your injuries.
- Medical records.
- CCTV footage of the incident and its cause.
- Photographs of the accident scene as well as your injuries.
- Witness contact details.
Our solicitors could help you to gather evidence during a case, provided you have valid grounds to continue with your case. Additionally, they can ensure your claim is started and all correspondence is sent within the relevant limitation period for personal injury claims.
How Long After An Accident At Work Can You Claim?
In addition to wondering what your rights are after an accident at work, you may ask, ‘How long after an accident at work can I claim?’.
There are a small number of exceptions that could make a difference to the limitation period. You can find out more about this by calling our advisors. They can discuss the exceptions and help you understand how long you have to start legal proceedings. Also, if they find you have a valid case, they may connect you with one of our solicitors who could begin helping you seek compensation.
A settlement for a personal injury claim can consist of up to two heads of claim. One is general damages, which compensates for the physical pain and mental suffering brought on by negligence.
Legal professionals could refer to medical records and the Judicial College Guidelines (JCG) to help them assign value to your injuries.
We have used the JCG to collate a table of guideline compensation brackets for different injuries. You can look through this table below. However, it is important to note that this table should only act as a guide.
|INJURY||COMPENSATION - GUIDELINES||NOTES|
|Head - Moderately Severe||£219,070 to £282,010||A very serious disability that means the injured person requires constant care.|
|Back - Severe (i)||£91,090 to £160,980||Spinal cord and nerve root damage resulting in a combination of serious issues, including severe pain and disability.|
|Neck - Severe (i)||In the region of £148,330||Incomplete paraplegia from a neck injury.|
|Hand - Total or Effective Loss of One Hand||£96,160 to £109,650||The surgical amputation of one hand after a crush injury.|
|Chest - Traumatic Injury To The Chest, Lungs or Heart||£65,740 to £100,670||Reduced life expectancy and permanent damage as well as a physical disability and function impairment.|
|Leg - Severe (ii)||£54,830 to £87,890||Very serious injuries leading to permanent mobility issues.|
|Foot - Severe||£41,970 to £70,030||A particularly severe injury to one foot, such as those that result in, for example, extensive surgery.|
|Pelvis and Hip - Severe (iii)||£39,170 to £52,500||Numerous injuries fall within this bracket, including a fracture leading to a partially successful hip replacement.|
Special damages is the second possible head of claim that could be included if general damages are awarded. It accounts for monetary losses caused by the injuries. For example:
- The cost of transport.
- Medical bills, such as prescription costs.
- Home or vehicle adaptation costs.
- A loss of earnings.
Please remember to retain bank statements, payslips and any other document that show any financial losses.
Please get in touch with us if you would like to learn more about how compensation for a workplace accident claim is calculated.
Our solicitors have years of experience helping people with workplace accident claims. If you have a valid claim, a solicitor could offer their services on a No Win No Fee basis. They could extend a Conditional Fee Agreement to you, ensuring you do not pay for their services upfront or during the claim. The terms of this contract also typically mean:
- You do not pay for your solicitor’s services if the claim loses.
- A winning claim leads to the solicitor collecting a success fee from your compensation. This is taken as a percentage which is legally capped by The Conditional Fee Agreements Order 2013.
Our advisors are ready to offer legal insight and a detailed assessment of your potential claim. If they find you are eligible to seek compensation, one of our experienced solicitors could be assigned to your case.
It’s completely free to talk to an advisor, and you have total control over the decision to work with us, so find out more today by using any of the contact details below:
You can learn more about claiming compensation through these guides:
- A closer look at criminal injury claims.
- Insight into how to claim for medical negligence.
- The claims process for road traffic accidents.
Also look through these external resources:
- NHS – When to call 111.
- GOV.UK – Statutory Sick Pay.
- Health and Safety Executive – Managing workplace health and safety.
Thank you for reading our guide looking at the question, ‘What are my rights after an accident at work?’. If you require any further guidance, please contact an advisor on the number above.