What To Do After An Accident At Work And How To Claim Compensation
This guide explains what to do after an accident at work, including seeking legal advice to determine whether you’re eligible to make a personal injury compensation claim. It will also discuss the criteria for claiming in more detail and give examples of the evidence you could gather to support your potential case.
Additionally, we discuss an employer’s duty of care, the laws they need to adhere to and how an accident at work could occur if they fail to do so.
We also explore the settlement that could be awarded to address the way your injuries have affected you and the factors considered when calculating payouts.
Finally, we discuss the services our No Win No Fee solicitors could offer and the terms under which they provide legal representation.
For any other information regarding accident at work claims, please contact an advisor. They are available at any time of day to answer your questions. You can reach them by:
Jump To A Section
- What To Do After An Accident At Work
- When Are You Able To Claim Accident At Work Compensation?
- What Types Of Workplace Accidents Could Lead To An Injury?
- Potential Compensation When Claiming For An Accident At The Workplace
- Use A No Win No Fee Solicitor To Make An Accident At Work Claim
- Learn More About Accident At Work Claims
Accidents at work could cause injuries that vary in nature and severity. In any case, the first step should be to seek medical attention. If you do not need to call 999, you can still call 111 or visit a GP to have your injury assessed.
Another step you should take when possible is ensuring that the incident is logged by your workplace, ideally in a work accident book.
Furthermore, you could seek legal advice to determine whether you’re eligible to seek personal injury compensation. To help support your potential claim, you could gather evidence. This could include medical records after you have sought medical attention and a copy of the incident report from the accident book.
Additionally, you could gather:
- CCTV footage of the accident and its cause.
- Photographs of the scene and any visible injuries.
- Witness contact information.
- A diary tracking your treatment, symptoms and their physical or emotional toll.
If you have a legitimate claim, one of our solicitors could represent your case, should you choose to work with them. They can help you gather proof you need for the case. Call our advisors today to learn more about our solicitor’s services.
Personal injury claims must satisfy certain eligibility criteria to show their validity. As such, you need to show:
- A third party – in this case, your employer – owed you a duty of care.
- They breached this duty.
- This breach led to an accident that caused physical and/or mental harm.
Not taking safety precautions may constitute a breach of duty and provide the basis for a personal injury claim if it facilitates or directly causes an accident that hurts someone.
Is There A Time Limit For An Accident At Work?
The Limitation Act 1980 states that a personal injury claim must start within three years of the accident date. Therefore, what to do after an accident at work can include preparing to initiate legal proceedings within the limitation period.
However, a limited number of exceptions could change or pause the limitation period.
Please get in touch with our advisors to learn more and confirm the date by which you must start your workplace accident claim. They can also discuss the eligibility requirements in more detail and perform a free case assessment, so please call today.
The below examples show how an employee could sustain an injury at work.
- An employee has a fall while at work because of a faulty handrail on the stairs. The impact causes a knee injury and a broken wrist.
- No risk assessment is performed on a production line and employees are positioned below a station where large items are being worked on. A falling object strikes a worker on the head. Due to a lack of safety helmet, they suffer a head injury.
- Employees are asked to use a new pallet truck without any training or guidance. A person walking on the floor is crushed by a truck when its driver loses control, suffering traumatic organ injuries.
- An old machine is used continuously without any safety checks. When it malfunctions, an employee’s hand is trapped and injured to such an extent that it is rendered useless.
You may have been affected by an incident similar to the above, or had a different experience. In either case, speak to our advisors today about what to do after an accident at work in which you sustained harm.
If you make a successful workplace accident claim, you may be awarded a settlement reflecting your injuries and their impact on you.
This settlement could consist of up to two heads of claim. One is general damages, which compensates the physical and psychological impact of injuries. Legal professionals will assign a value to injuries based on numerous factors, such as severity, recovery time and future prognosis.
They may call upon medical evidence and the Judicial College Guidelines, a document containing guideline compensation brackets some of which you can see below.
Please note that this table should only act as a guide because accident at work claim payouts depend on the facts of each case.
|Head - Moderate (i)||£150,110 to £219,070||Moderate to severe impact on the injured person's intellect, with a change to their personality and senses.|
|Back - Severe (i)||£91,090 to £160,980||The injured person has incomplete paralysis and reduced organ function alongside serious disability and pain due to spinal cord and nerve root damage.|
|Chest - Total Removal of One Lung And/Or Serious Heart Damage||£100,670 to £150,110||Serious and prolonged pain and suffering alongside scarring that is permanent and significant.|
|Leg - Severe (i)||£96,250 to £135,920||Injuries include a fracture that hasn't reunited requiring extensive bone grafting.|
|Hand - Complete Or Effective Loss Of One Hand||£96,160 to £109,650||A crushed hand injury requiring surgical amputation.|
|Foot - Amputation||£83,960 to £109,650||One foot is amputated.|
|Knee - Severe (i)||£69,730 to £96,210||Effects of a serious knee injury include osteoarthritis and joint disruption.|
|Arm - Permanent And Substantial Disability||£39,170 to £59,860||Either one or both forearms are fractured with an ongoing disability.|
|Wrist - Significant||£24,500 to £39,170||The injured person can still move the wrist, but experiences significant and permanent disability.|
How To Claim Special Damages In A Work Injury Claim
This potential second head of claim that could be included in a settlement alongside general damages, is special damages.
Examples of monetary losses you might claim for include:
- Missed earnings if you are unable to work while injured.
- Home or vehicle adaptation costs.
- Necessary travel costs.
- Home healthcare costs.
- Medical expenses.
Collect receipts, payslips and any other documents highlighting financial loss caused by injury.
Our advisors can answer your questions about general and special damages if you call to discuss your possible claim.
Our solicitors may be able to represent your accident at work claim if it’s valid. Having the dedicated guidance of an experienced personal injury solicitor could benefit you as they can ensure the process runs as smoothly as possible for you.
A solicitor could offer a Conditional Fee Agreement, a No Win No Fee arrangement that requires no payment for their service:
- In advance;
- At any time during the case;
- Afterwards, if the case loses.
A success fee is taken if a claim wins. Your solicitor would take a small percentage of your compensation, with The Conditional Fee Agreements Order 2013 capping the proportion that can go to them.
Talking to an advisor, as well as giving you the chance to learn more about workplace accident claims, gives you the chance to have your case assessed. If you have valid grounds to proceed, you could have a solicitor assigned to your case.
Talk to an advisor today for more information:
More of our guides:
- Claiming for accidents in public places.
- Action you can take after road traffic accidents.
- How to seek compensation for a criminal injury.
Here are some external resources with useful information:
- Health and Safety Executive – Employer’s responsibilities.
- NHS – First aid guidance.
- GOV.UK – Statutory Sick Pay information.
Thank you for reading our guide on what to do after an accident at work. If you have any other questions, please contact an advisor on the number above.