This guide will explore the process of reporting an injury at work and whether it is necessary to do so in order to make an accident at work claim. It will also look at the other steps you could take following a workplace accident, including seeking medical attention and gathering evidence to support your potential claim.
If you have been injured in the workplace, you may wonder whether you can seek compensation. This guide will discuss the criteria for making a personal injury claim in more detail later on.
Furthermore, we will discuss the duty of care your employer owes you and the accidents that could occur as a result of them breaching this duty.
Additionally, we will provide information on the benefits of seeking legal representation from a No Win No Fee solicitor.
To learn more, please continue reading. Alternatively, you can speak to an advisor from our team. They are available 24/7 to provide free legal advice. To get in touch, you can:
- Call the number above
- Speak with an advisor via the live chat feature below
- Contact us via the form on our website
Is Reporting An Injury At Work Necessary To Make An Accident At Work Claim?
A Guide To Reporting An Injury At Work
You may wonder whether it is necessary to report an injury sustained at work in order to make an accident at work claim.
There are several steps you can take after a workplace accident. For example, you should notify someone if you have experienced harm in the workplace. This can ensure your injury is recorded in the accident book at work.
Additionally, your employer has a responsibility for reporting certain accidents and injuries to the relevant enforcement authority.
We have explored both of these steps in more detail in the section below. Read on to learn more about the process of reporting an injury at work. Alternatively, get in touch with an advisor to understand when you could be eligible to seek accident at work compensation.
How To Report An Accident At Work
If you have an accident, reporting an injury at work is an important step you can take. You can do so by informing another member of staff about the incident and injury you sustained.
These details can then be inputted into the accident book at work, such as the hazard that caused the accident, the injury you sustained, and details of any other members of staff who witnessed the incident. Whilst reporting your injury is not necessary to make a claim, having a record of your accident and subsequent injuries can be useful to support your potential accident at work claim.
It is a legal requirement under The Social Security (Claims and Payments) Regulations 1979 that employers have an accident book on site if they have over ten employees. Additionally, employers are legally required to report particular injuries and incidents to an enforcing body under the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013.
Reportable incidents can include certain fractures, amputations, serious burns covering over 10% of the body, and any loss of consciousness resulting from a head injury.
When Are You Eligible To Claim For An Accident At Work?
You could be eligible to claim for an accident at work if you can establish that:
- Your employer owed you a duty of care
- This duty was breached
- This breach led to your injuries. This is known as negligence.
By law, your employer has a legal duty to ensure your safety in the workplace. It is stated in The Health and Safety at Work etc. Act 1974 that your employer must take all reasonably practicable steps to reduce or remove the risk of you experiencing harm in the workplace.
You could claim if your injuries resulted from their breach of duty. Examples of this can include:
- Construction accident- Your employer fails to provide you with adequate and necessary personal protective equipment, such as steel-toe capped boots. As a result, you sustain a severe crushed foot injury.
- Warehouse accident- Your employer fails to provide you with adequate manual handling training. As a result, you sustain a back injury after lifting heavy loads incorrectly.
- Factory accident– You sustain a neck injury after operating a faulty forklift that your employer failed to maintain.
When claiming for any of these accidents, it will be advantageous if you have sufficient evidence to prove the breach of duty. Continue reading to learn what evidence you could gather as part of the accident at work claim process.
What Potential Evidence Could Help You In An Accident At Work Claim?
When wondering how to make a work injury claim, evidence will be beneficial in proving your employer’s negligence. After receiving medical attention, you may want to acquire any evidence that may be helpful to the success of your claim.
This may include:
- Copies of CCTV footage and photographs of the injury or scene
- A diary illustrating your symptoms and treatment
- Copies of your medical records
- A copy of the accident book at work to show you reported the injury and accident.
What Is The Work Injury Claim Time Limit?
When making a work injury claim, the time limit is something to be aware of. The Limitation Act 1980 states that you typically have three years from the date of your accident or the date you became aware of negligence.
There are exceptions, however. If a person is under eighteen or the person lacks the mental capacity to claim, the time limit is suspended. Whilst the time limit is suspended, an application can be made to the courts by a suitable adult to act as a litigation friend and claim on the injured person’s behalf.
For those under the age of 18, if no claim has been made on their behalf by the time they turn 18, they will have three years from their eighteenth birthday to claim.
Those who lack the mental capacity to claim will have three years to make their own claim from the date of recovery, provided no claim has already been made on their behalf.
For more information on the time limits, get in touch with our team. They can also provide further guidance on whether reporting an injury at work is necessary for starting a claim.
Accident At Work Compensation – What Could You Receive?
After making a successful claim for injuries sustained in an accident at work, you could receive general damages. This head of claim compensates for the pain and suffering caused by your injuries.
The Judicial College Guidelines is a publication that helps legal professionals value your injuries. It contains compensation brackets for different injuries of varying severity.
The figures from the guidelines are included in the table below. However, you should only use them as a guide because your actual settlement could vary.
| Injury | Notes | Value |
|---|---|---|
| Neck Injuries | (a) Severe (i) Incomplete paraplegia or permanent spastic quadriparesis associated with a neck injury. | In the region of £148,330 |
| Arm Injuries | (a) Severe: Cases in this bracket include injuries that have fallen short of amputation but are still extremely serious. Examples of injuries can include a serious brachial plexus injury. | £96,160 to £130, 930 |
| Hand Injuries | (d) The index, middle and/or the ring fingers are amputated rendering the hand of ver little use. | £61,910 to £90,750 |
| Hand Injuries | (f) Fingers are severely fractured leading to partial amputations. | Up to £36,740 |
| Leg Injuries | (b) Severe (ii) Very serious injuries that cause permanent mobility issues. | £54,830 to £87,890 |
| Back Injuries | (b) Moderate (i) Compression/crush fractures of the lumbar vertebrae are included in this bracket. | £27,760 to £38,780 |
| Wrist Injuries | (b) Injuries that cause a permanent and significant disability. However, some useful movement still remains. | £24,500 to £39,170 |
| Knee Injuries | (b) Moderate (i) Injuries such as those involving dislocation and torn cartilage are included in this bracket. | £14,840 to £26,190 |
| Shoulder Injuries | (b) Serious: This bracket included cases of a soft tissue injury that causes intrusive and permanent symptoms. | £12,770 to £19,200 |
| Pelvis and Hip Injuries | (c) Lesser Injuries (i) There is little or no residual disability from a significant injury. | £3,950 to £12,590 |
Special Damages In A Work Injury Claim
When you’re making a claim for your injuries, you may qualify for special damages. These focus on restoring you financially to your position before the accident.
Examples of these monetary losses can include:
- Transportation costs to travel to appointments
- Loss of earnings from time taken off to recover from your injuries
- Care costs
When claiming these losses, it’s important that you have evidence to prove the financial impact of your injuries. Evidence you could gather can include:
- Bus or train tickets
- Bank statements
- Payslips
To learn more about how legal professionals calculate compensation for workplace accident claims, get in touch on the number above.
Why Use Our Panel Of No Win No Fee Accident At Work Solicitors?
If you choose to hire an accident at work solicitor, you could be offered a No Win No Fee arrangement. One type of this arrangement is called a Conditional Fee Agreement, which typically means that you won’t be required to pay any fees for your solicitor’s services if your case is unsuccessful.
In the event that your claim is successful, your solicitor will usually take a percentage of your compensation. However, this is capped by law, so you do not need to be concerned about being overcharged.
Contact Us For Free To See If You Can Sue Your Employer For Negligence
You can contact us for free to receive a consultation regarding your potential accident at work claim. An advisor can connect you with a solicitor from our panel if they find your claim is valid and has a chance of success.
Additionally, if you’re still unsure whether reporting an injury at work is necessary to start a claim, an advisor can provide further guidance.
For more information, you can:
- Call the number above
- Speak with an advisor via the live chat feature below
- Contact us via the form on our website
Learn More About Reporting An Injury At Work
For more information, there are external resources listed below that may be of interest:
- Statutory Sick Pay – Government guidance
- First Aid – HSE
- Working At Height – HSE
Thank you for reading our guide on reporting an injury at work. If you need any other information, please don’t hesitate to get in touch via the details provided above.
Writer Emily Marrow
Editor Meg Martin
