This informative guide explains the steps that can be taken to start a compensation claim after an injury at work. In the sections below we discuss the eligibility criteria for claiming and what constitutes negligence. Also, we look at what circumstances could lead to an accident in the workplace.
Furthermore, we explain what evidence could support a claim and the compensation that might apply. We conclude by discussing how legal representation could help start a claim.
Please feel free to get in touch with us at any point. We can offer our readers a free consultation about their injury at work claim. There’s no obligation to continue after getting in touch, and the free legal advice could help you. To learn more, simply connect with our team by:
- Calling on the number above
- Contacting us online
- Using our live chat feature below.
Injury at work claims guide
When Are You Eligible To Claim For An Injury At Work?
You could be eligible to claim compensation for an injury at work if you satisfy the three criteria:
- That you were owed a duty of care by your employer at the time and place where the accident happened
- That this duty of care was breached
- As a direct result, you suffered physical and/or psychological injury
Duty of care in workplaces in Britain is outlined in legislation called the Health and Safety at Work etc Act 1974 (HASAWA). It details the way that employers must take all reasonably practicable steps to prevent employees from being physically or psychologically harmed.
Some examples of the actions employers should take to comply with this include:
- Maintaining good housekeeping in the workplace
- Providing correct personal protective equipment (PPE) as required
- Clearly displaying health and safety guidelines for employees
- Providing adequate training and supervision on correct handling, use and storage of materials.
The Health and Safety Executive (HSE) is the agency that encourages, regulates and enforces workplace welfare. It details other employer duties for safety in specific environments such as working at heights, working with scaffolding or handling hazardous chemicals at work.
For immediate advice on your exact type of injury at work claim, please feel free to speak to our team. If you have a valid claim, you could be connected with a solicitor.
How Could An Injury At Work Happen Due To Employer Negligence
Below are some general examples of how employer negligence could cause an injury at work:
- A wet floor that is not indicated by warning signs can cause a slip or fall
- Someone could fall from a height because of a faulty bannister
- You could be exposed to hazardous materials because you’re not provided with the PPE you need to do your role
- You could sustain a crush injury because you’re made to work with faulty machinery that has not been maintained
- You’re run over in a forklift accident that occurred because the driver did not receive training
- Employees could be injured when tripping over cables that have not been tidied away
If you can show that employer negligence was the cause of your accidental injury, then you could be entitled to receive compensation. Speak with a member of our team for guidance on your potential claim.
How Long Do You Have To Make An Accident At Work Claim?
The Limitation Act 1980 states that claimants have three years to start a personal injury claim after a workplace accident. This can start from the date of the accident itself.
If a claimant isn’t mentally capable of starting their own claim, the limitation period will be indefinitely suspended. Also, for those under the age of 18, the three-year period until they come of age.
A litigation friend can claim on behalf of these two groups while they’re unable to claim themselves. Speak to our team for more information about this role and the time limits that apply to accident at work claims.
What Evidence Could Help You Make A Workplace Accident Claim?
Below are some examples of tips and evidence that can support your injury at work claim:
- CCTV footage of the accident
- Photos of the hazard that caused the accident and your injuries, if applicable
- Witness’s contact details so that they can provide a statement
- Medical records
- A diary of symptoms and treatment detailing how your injuries have affected you
A personal injury solicitor could help you gather evidence if this is something you would like guidance with. So please speak to our team for free legal advice on what other actions or proof could support your claim.
What Compensation Payout Could You Recieve From An Injury At Work?
Compensation in a successful claim could be made up of two heads. General damages can be supported with medical evidence of physical and psychological injury. A legal professional can compare the evidence to award amounts listed in the Judicial College Guidelines. This document helps them value personal injury claims, and we include an excerpt of it below:
Judicial College Guideline Brackets
| Area of Injury | Severity | Award Amount | Notes |
|---|---|---|---|
| Head | (b) Moderately Severe | £219,070 - £282,010 | A serious permanent disability with substantial dependence on others |
| Back | (a) Severe (iii) | £38,780 - £69,730 | Lesions and fractures of vertebrae or soft tissue injuries that lead to chronic conditions. |
| Hands | (e) Serious Hand Injuries | £29,000 - £61,910 | Injuries that reduce the hand to 50% capacity and cases where several fingers were amputated but rejoined, impacting grip and dexterity |
| Pelvis | (b) Moderate (i) | £26,590 - £39,170 | A significant pelvis or hip injury but permanent disability (or risk of) is not major |
| Neck | (b) Moderate (i) | £24,990 - £38,490 | Broken bones and dislocations that cause severe symptoms straight away and may require fusion surgery |
| Wrist | (b) Wrist Injuries | £24,500 - £39,170 | Significant permanent disability but some useful movement remaining |
| Arm | (c) Less Severe Injuries | £19,200 - £39,170 | A substantial degree of recovery will have occurred, or is expected to, despite disabilities of a significant nature at the outset. |
| Elbow | (b) Less Severe Injuries | £15,650 - £32,010 | Injuries that cause impaired function but do not warrant major surgery or significant disability |
| Knee | (b) Moderate | £14,840 - £26,190 | Dislocations and torn cartilage that causes instability, wasting and other minor disabilities. |
| Shoulder | (b) Serious | £12,770 - £19,200 | Dislocations and brachial plexus damage causing pain and sensory issues |
They aim to acknowledge the pain and suffering caused by the injuries. However, these table amounts are guideline figures only, and if you’d like a more accurate assessment of your claim’s value, you can speak with a member of our team.
How To Claim For Financial Losses
In addition to these amounts, you may be eligible to claim special damages. If you have proof of financial losses caused by the injury at work (such as receipts, wage slips and statements), they could be included as part of the compensation claim. You may be able to show:
- The cost of medical treatments
- Lost earnings if you are can’t work because of your injury
- The expense of domestic help to cook, clean and wash
- Travel costs to essential appointments
- Prescription charges
A No Win No Fee Accident At Work Solicitor Could Help You Claim
Assembling evidence and building a claim after a workplace accident can be a daunting prospect. Rather than attempt it alone, we can connect you with personal injury solicitors offering No Win No Fee agreements. Our panel of personal injury solicitors offer a version of this called Conditional Fee Agreements (CFA). Typically this means:
- There are no upfront fees for their services
- There are no fees needed as the case develops
- A successful outcome requires a small amount to be deducted to cover the solicitor’s services
- An unsuccessful outcome generally means you will not be asked to pay any fees to your solicitor for the work they’ve done
Our advisors are happy to answer any questions or queries you might have about starting an injury at work claim. As well as legal advice about your options and the claims process, we offer a free evaluation to see if you are eligible. To get in touch and get started today:
- Call on the number above
- Contact us online
- Or use our live chat feature.
Learn More About Making A Serious Injury Claim
For further articles on personal injury claims after an injury at work, please read:
- What you need to do to claim for an injury in the workplace
- Guidance on slip and fall at work claims
- Information about using accident at work solicitors near you.
These other resources offer more
- Workplace statistics for non-fatal accidents from the HSE
- Government guidance on statutory sick pay
- Lastly, NHS advice about crush injuries.
Writer Jeff Warden
Publisher Fern Summers
