This guide explains the accident at work claim process to help you understand what steps to take in making a claim. You will also understand the evidence you need to make your claim viable and the time within which you are to claim. The guide gives an insight into calculating compensation for a workplace accident caused by negligence.
When you’re in the workplace, your employer has a duty of care towards you. According to this duty of care, they need to take reasonable steps to ensure that you’re safe. If they fail to do this, and you’re injured as a result, they could be held liable for your injuries in a compensation claim.
You can reach out to us to take advantage of our free initial consultation, where an advisor can offer you a free assessment of your case. You can reach us in the following ways:
- Call us on the phone number at the top of this page
- Fill out our online contact form, and we’ll get back to you
- Chat with us in real time using the chat feature
Accident At Work Claim Process Guide
What is an Accident at Work?
Employers have a duty of care towards their employees to take reasonable steps towards maintaining their health and safety while they are in the workplace. This employer’s responsibility is outlined in the Health and Safety at Work etc. Act 1974.
Your employer will be expected to do the following as part of their duty of care:
- Maintain good housekeeping to prevent accidents like slips, trips and falls.
- Perform risk assessments and act on the results, for example, tidying away trailing leads in an office to prevent a slip or trip accident from occurring.
- Provide personal protective equipment (PPE) that you need to do your job safely, for example, non-slip shoes when working on scaffolding
Your work injury claim will only be viable if there is proof that an employer’s negligence caused you to be injured. There are other eligibility criteria, like the accident at work claim time limit, which are discussed in this guide.
If you’d like to know whether you’re eligible to claim compensation for the harm you were caused, then speak with an advisor today about the accident at work claim process. If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
What is the Accident at Work Claim Process?
Pre-action protocols are an important aspect of the personal injury claims process. A solicitor will be able to give you advice on what these protocols are and what you need to do at each stage.
Below are some of the pre-action protocols for personal injury claims, including workplace accident claims:
- Letter of notification: This is a letter written to your employer informing them that you are going to file a claim against them
- Rehabilitation: At this stage, your medical needs should be determined
- Letter of claim: This report establishes the details of the incident and the injuries you sustained
- Status of letters of claim and response: Your employer’s legal team need to reply within 30 days with their insurance details. Please bear in mind that this time limit can vary depending on the kind of claim being pursued
- Disclosure: At this stage, the relevant information is exchanged in the hope of settling the claim
- Experts: This could include the conducting of an independent medical assessment
- Alternative Dispute Resolution (ADR): This is the stage in which you and your employer have a chance to resolve the issue before it goes to litigation.
Our advisors can support you throughout the accident at work claim process. To see if you have a valid claim, you could get in touch with our team of advisors today.
Potential Evidence That Could Help You Claim for an Accident at Work
An accident at work claim can only be successful if you have evidence to prove that:
- You were owed a duty of care
- The duty of care was breached
- As a result, you were injured
It’s important that you gather evidence in support of your claim, as without it, you may not receive the compensation that you’re entitled to. Evidence you provide could include:
- Gathering evidence of what happened – Witnesses, CCTV footage and photographs could give an insight into the conditions in the environment at the time of the accident.
- Keep a diary of your treatment and symptoms. This can be particularly important to illustrate your physical symptoms and mental state at the time of the accident at work.
- Getting medical care helps make you more comfortable but could also provide medical evidence of the severity and impact of your injury.
- Payslips, receipts and tickets could serve as evidence of any financial losses you incurred due to your injury.
One of the solicitors from our panel could help you collect the evidence you need to support your claim. If you speak with an advisor and they feel that your case is valid, they could connect you with one, who could then guide you through the accident at work claim process.
What is the Time Limit to Make an Accident at Work Claim?
Generally, the time limit for a work injury claim is three years. This starts from the date of the accident or from the date you became aware that your injuries were caused by negligence.
For instance, you may not be immediately aware of the damages to your hearing caused by continuous exposure to unsafe noise levels in a factory or construction site. In this instance, the time limit will count from the date you knew (or should have been aware) that your worsening health was a result of employer negligence.
The Accident at Work Time Limit – Are There Any Exceptions?
There are exceptions to the 3-year time limit found in the Limitations Act 1980. They apply to:
- Those under the age of 18. In these cases, the time limit is suspended until you turn 18. While you’re a minor, a litigation friend can claim on your behalf at any point.
- Those who lack the mental capacity to claim. In these cases, the time limit is suspended unless you regain your mental capacity. While you’re unable to claim, a litigation friend can claim on your behalf at any point.
For more information on the exceptions to these time limits and to see if you’re eligible to claim, speak with an advisor today about the accident at work claim process.
What Compensation Could You Receive From a Work Injury Claim?
When you make an accident at work claim, you could be awarded general and special damages. General damages compensate you for the pain and suffering your injuries have caused you, whereas special damages relate to the financial impact.
Solicitors use the compensation amounts in the Judicial College Guidelines (JCG) to assist them in valuing claims. The list of compensation payouts in the table below is taken from the latest edition of the JCG, which was updated in 2022. These compensation amounts are not guaranteed and may not match the payout you receive. You could reach out to our advisors for advice about how much you could be awarded in a claim.
| Injury | Comments | Amounts |
|---|---|---|
| Brain and Head Injuries: Moderate (i) | Moderate to severe impact on intellect, a personality change with an effect on sight, speech, and senses. A significant risk of epilepsy and no work prospects. | £150,110 to £219,070 |
| Bowel injuries (a) | Total loss of bowel and urinary functions alongside other medical complications. | Up to £184,200 |
| Neck Injuries: (a) Severe | Incomplete paraplegia with little or no neck movements in spite of long-term use of a neck collar full-time. | In the region of £148,330 |
| Neck Injuries: (b) Moderate (i) | Injuries that cause immediate symptoms of a severe nature that might mean a spinal fusion is necessary. | £24,990 to £38,490 |
| Back Injuries: (a) Severe (iii) | Fractures of discs and vertebral bodies or soft tissue injuries leading to chronic conditions where pain and disabilities persist. | £38,780 to £69,730 |
| (d) Partial Hearing Loss and/or Tinnitus: Severe | (i) Severe tinnitus and Noise Induced Hearing Loss (NIHL) | £29,710 to £45,540 |
| (d) Partial Hearing Loss and/or Tinnitus: Moderate | (ii) Moderate to severe tinnitus and NIHL or either of these alone. | £14,900 to £29,710 |
| Foot Injuries: (e) Serious | Injuries leading to continuing pain from traumatic arthritis. There could also be a possibility of arthritis occurring in the future. | £24,990 to £39,200 |
| Ankle Injuries: (c) Moderate | Fractures and ligament tears leading to less serious disabilities. This could include troubles walking on uneven ground. | £13,740 to £26,590 |
| Knee Injuries: (b) Moderate (i) | Dislocation, torn cartilage or meniscus which results in a mild future disability. | £14,840 to £26,190 |
What Other Losses Could You Claim For After A Work Injury?
If you have incurred financial losses because of your injury, you could include special damages in your claim. Special damages seek to compensate you for both immediate and future financial losses that are a result of your injury. Some financial losses that could be covered by special damages include:
- Medication or prescription costs
- Transportation costs, for instance, if you were left unable to drive after the injury
- Loss of earnings if you are unable to work due to your injury
- Loss of future pension contributions that you would have made if your injury did not prevent you from working
To find out more about the accident at work claim process, speak with an advisor today.
How Can No Win No Fee Solicitors Help You?
You may be wondering, “can I make a No Win No Fee accident at work claim?’; if so, a call to our advisors may help. Our panel of solicitors can offer No Win No Fee arrangements.
One kind of No Win No Fee agreement you could be offered is a Conditional Fee Agreement (CFA), which means that you generally do not pay upfront solicitors fees. You also usually don’t pay anything to your lawyer as the claim progresses.
If you win your claim, a small percentage of your compensation will go to your lawyer. The portion of your settlement that can be taken is legally capped. The cap placed on the percentage that can be taken as a success fee. If your claim is not a success, then you generally won’t pay your lawyer for the work that they have done.
For further guidance on the accident at work claim process, speak with an advisor on our team today.
Contact Us For A Free Consultation Today
You could take advantage of our initial consultation to get free legal advice. If you reach out to our advisors, they can take your specific circumstances into consideration and present you with your options. They may also be able to connect you with one of the work injury solicitors from our panel who have experience in personal injury claims.
You can contact us in any of these ways:
- Call us on the phone number at the top of this page
- Fill out our online contact form, and we’ll get back to you
- Chat with us in real time using the chat feature
Learn More about The Accident at Work Claim Process
Here are some valuable external resources about workplace accidents:
Workers’ Rights And Responsibilities
If you have any more questions about the accident at work claim process, speak with our team today.
Writer Mary Minchin
Publisher Fern Summers
