I Was Injured By A Breach Of Health And Safety At Work – Can I Claim?

This guide will provide you with information about claiming for an injury caused by a breach of health and safety. In order to claim, you must prove that you meet the appropriate criteria. We will look more closely at what exactly these criteria are. 

breach of health and safety

While we cannot provide the average compensation for accidents at work, this guide will give some insight into the way that settlements are valued. We will also look at some scenarios that could entitle someone to make a claim. 

Finally, this guide will look at the benefits of working with a lawyer on your claim, and how a No Win No Fee agreement could allow you to access their services without any upfront fees.

If you would like to find out if you have a legitimate claim, contact us today. If you do, an advisor could connect you with a lawyer from out panel: 

  • Contact us online
  • Call us using the number at the top of the page
  • Message us on our live chat

When Am I Eligible To Claim For A Breach Of Health And Safety At Work?

Employers have an automatic duty of care towards those who work for them, outlined under the Health and Safety at Work etc. Act 1974. In order to claim, you need to show that this duty was breached in a way that caused you injury.

Under this legislation, every employer is expected to take reasonable and practicable steps to prevent injury to employees. This can be done through the use of risk assessments and the implementation of the findings, for example.

If you have been injured at work and believe it was due to your employer’s negligence, you can contact us today to see if you have a valid claim. You might be provided legal representation in the form of a solicitor from our panel if your case is valid.

How Could I Be Injured By A Breach Of Health And Safety At Work?

Below are some examples of how an accident could occur, causing injury, as a result of employer negligence: 

  • You slipped at work and hurt your back, due to there being no wet floor sign after an area has been mopped. 
  • You could trip over a trailing lead that your employer failed to tidy away despite a risk assessment bringing it to their attention.
  • If your employer knowingly supplies you with a faulty ladder and you fall from a height, this could cause a spinal injury
  • You might work in a factory and be involved in a forklift accident because of a lack of training on the part of the driver
  • A construction accident could occur because you weren’t provided with a helmet. You could sustain a head injury as a result. 

Is There A Time Limit When Making An Accident At Work Claim?

The general claim time limit to begin a claim is within three years of the date of the accident, outlined under the Limitation Act 1980. However, there can be exceptions.

For instance, if the injured person is mentally incapable of making their own claim, they would have three years to claim from the date they regained capacity if this occurs. Before this, the time limit is suspended and a litigation friend can pursue the claim for them. A litigation friend is an adult appointed by the court to act in the best interests of the claimant. 

If you would like to find out more about the time limit exceptions that can apply, speak with our team today.

What Amount Of Compensation For An Injury At Work Could I Receive?

In a successful claim, you could receive two kinds of damages. General damages is the head that will always be awarded in successful claims. This accounts for the pain and suffering caused by the injury. The amount you will receive will depend on a number of factors, including the impact that it’s had on your life. 

Compensation Table

Below you can find a compensation table made up of figures that we have compiled from the Judicial College Guidelines (JCG). The JCG is a tool that lawyers and other legal professionals use when calculating compensation for workplace accident claims.

InjurySeverityValueNotes
Back injuries Severe (i) £91,090 to £160,980Damage to spinal cord and nerve roots, leading to a combination of very serious consequences.
Neck injuries Severe (ii)£65,740 to £130,930Serious fractures or damage to cervical spine that give rise to severe disabilities.
Injuries to the hip/pelvisSevere (ii)£61,910 to £78,400Fracture dislocation of the pelvis resulting in impotence.
Arm injuriesPermanent and substantial disablement£39,170 to £59,860Serious fractures where there is significant permanent residual disability.
Elbow injuries Severely disabling£39,170 to £54,830An injury causing severe disability.
Wrist injuriesSignificant permanent disability£24,500 to £39,170Injury resulting in significant permanent disability, where some useful movement remains.
Knee injuries(i) Moderate knee injuries £14,840 to £26,190Injuries involving dislocation, torn cartilage or meniscus which results in minor instability.
Leg injuries(ii) Less serious leg injuries£9,110 to £14,080Simple fracture of a femur with no damage to articular surfaces.
Ankle injuries Modest injuries Up to £13,740Minor or undisplaced fractures, sprains and ligamentous injuries.
Hand injuries Minor hand injuries Up to £4,750Fractures that have generally recovered within six months.

It’s important to remember that these figures are not guaranteed, and you should only use them as a guide. 

Financial Losses When Making A Claim For An Accident At Work

The other potential head of claim is called special damages. This reimburses you for the financial losses that you have suffered as a result of your injury. Here are some potential financial losses that you could receive back in special damages:

  • The cost of adapting your vehicle to cope with an injury
  • Medical care that you have had to pay for
  • Loss of income, both past and future

In order to prove these losses, you should provide evidence such as receipts or invoices. A solicitor could help you gather proof in support of this head of a claim; speak with an advisor from our team today to find out more. 

Potential Evidence In A Workplace Injury Claim

Evidence is an important factor in making a work injury claim. Here are some potential types of evidence you could obtain:

  • CCTV footage.
  • A diary of your symptoms and treatment, and how these have affected your quality of life.
  • Medical records.
  • A report from the accident at work book.
  • Photographs of the injuries and accident site.
  • Contact details of potential witnesses who are willing to provide a statement at a later point. 

If you would like any help collecting evidence, you can contact us today. Someone from our team may be able to connect you with one of the solicitors from our panel who has experience dealing with these kinds of claims. 

Claiming Accident At Work Compensation Using Our Panel Of No Win No Fee Solicitors

The accident at work solicitors on our panel all offer their services as No Win No Fee agreements. No Win No Fee agreements are an umbrella term that Conditional Fee Agreements fall under. In brief, it can give you access to the services of a lawyer with no upfront or ongoing legal costs. You also wouldn’t need to pay anything for the work your No Win No Fee lawyer has done if your claim fails.

Following a successful claim, your solicitor would deduct a small success fee from your settlement. The Conditional Fee Agreements Order 2013 caps the percentage of your settlement they can take, meaning you can’t be overcharged. 

If you have any questions about claiming after a breach of health and safety in the workplace, you can contact us using the details below. An advisor can advice you on whether you could be eligible to claim.

Contact Us

  • Contact us online
  • Call us using the number at the top of the page
  • Message us on our live chat

Learn More About How To Make A Work Injury Claim

For further reading on making claims after a breach of health and safety:

Some external links you may find useful:

Writer Matthew Winchester

Publisher Fern Summers