In this guide, we will provide guidance on the steps you must take to claim for an injury in the workplace. Some areas we will cover are the eligibility criteria for claiming and what an employer’s duty of care entails.
We will also look at how an injury could happen as a result of negligence. Furthermore, if you’re wondering how much compensation you could receive, then our section on settlement values could prove useful.
We also look at the advantages that No Win No Fee solicitors can offer. If you have evidence to show your employer’s negligent behaviour has caused you injury, contact us below for a free consultation.
Contact us today for free legal advice using one of these options:
- Contact us online
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Injury in the workplace claims guide
Eligibility Criteria When Claiming For An Injury In The Workplace
For an accident at work claim to be successful, you must prove that your injury was caused by employer negligence. This means that they breached the duty of care they owed you, causing you injury.
An employer is legally required to take reasonable steps in ensuring the safety of the workplace, environment, equipment and facilities to prevent injury to employees. This is outlined in the Health and Safety at Work etc. Act 1974. A breach of this duty that causes injury may mean you are eligible to claim.
In some cases, you might be able to claim even if you were partly responsible for the accident in which you were injured. This is known as a split liability claim. The compensation you receive will be reduced proportionately to the level of liability you hold. For example, if the blame for your accident fell 50/50 between you and your employer, then the compensation will be reduced by half.
Please contact our advisors today online for a consultation on your potential injury in the workplace claim; from this, you could be connected with one of our panel of solicitors.
What Do You Need To Claim For An Injury In The Workplace?
You need evidence to be successful in a claim for an injury caused by employer negligence. Below we have included some examples of evidence:
- CCTV footage of the incident. You can request CCTV footage of yourself
- Record your treatments and symptoms in a medical diary. This can illustrate your physical and psychological injuries and how they impact your quality of life
- Keep hold of any receipts, scans and doctor’s notes of medical treatment you have received as a result of your injuries. Take photographs of your injury and the accident site.
- Record any contact details of potential witnesses. Witnesses can be interviewed at a later date.
- Reporting the injury by using an accident at work book. This can be important evidence as it can be an account of the accident recorded as soon as it happens.
You may find using a solicitor helpful in building the evidence needed for your claim. Speak with a member of our team for guidance and to potentially be put in contact with a lawyer.
How Could An Injury In The Workplace Happen?
Here are some examples of how you might have been injured at work was a result of negligence: :
- You have tripped on a trailing lead in am office accident because it was not tidied away. It is the employer’s responsibility to maintain good housekeeping in the workplace.
- Your employer has failed to provide you with a helmet on a construction site when you need one, and as a result, you have sustained a head injury. The employer did not provide you with the appropriate Personal Protective Equipment (PPE) and, in doing so, has breached the duty of care they owe.
- If you have burned yourself at work on a hot surface because your employer has failed to label the surface as hot, then this could be an example of a breach of duty.
- You are using a handrail to climb the stairs, but the handrail breaks, and you fall and hurt your back. If your failed to carry out proper maintenance and risk assessment of the workplace, resulting in an injury, you may be able to claim.
- If you haven’t been appropriately trained by your employer, using a machine in a factory, you could injure your finger. In this case, your employer has acted negligently by failing to train you to carry out your role safely.
You can get in touch with our advisors today for free legal advice if you feel you have a valid claim after an injury in the workplace. They could confirm your eligibility.
What Compensation Could You Receive From A Claim For An Accident At Work?
Following a successful claim, you will receive compensation in the form of general damages, which is one of the heads of claim that can be awarded to an injured person. General damages take into account the pain and suffering caused by injuries that you’ve sustained , and the value of this head of claim can vary depending on the severity of the injury.
We have included figures below from the Judicial College Guidelines. This is a document that legal professionals use to value claims; however, the figures are not guaranteed.
Judicial College Guidelines Brackets
Injury Value Severity Notes
Back injuries £91,090 to £160,980
Severe (i) Most severe injuries to the spine causing a combination of effects that aren't usually found in back injuries.
Back injuries £38,780 to £69,730 Severe (iii) Disc lesions, fractures or soft tissue damage that leads to chronic conditions and disability despite treatment.
Pelvis/hip injuries £78,400 to £130,930 Severe (i) Extensive hip injuries that cause substantial residual disabilities such as lack of control in the bladder and bowel.
Knee injuries £69,730 to £96,210 Severe (i) Disruption of the joint, serious ligament damage or lengthy treatment have either occurred or cannot be avoided.
Knee injuries £14,840 to £26,190 Moderate (i) Dislocation, tears to cartilage or other injuries that cause instability or weakness to a minor degree.
Arm injuries £39,170 to £59,860 Serious Serious injuries that cause permanent and substantial disability.
Wrist injuries £47,620 to £59,860 Total loss of function A complete loss of function in the wrist.
Neck injury £45,470 to £55,990
Severe (i) Dislocations, fractures or soft tissue damage that causes significant, ongoing disability.
Elbow injuries £39,170 to £54,830 Severe An injury that is severely disabling.
Leg injuries £17,960 to £27,760 Less serious (i) Where an incomplete recovery is made from a fracture, or serious soft tissue injuries.
Claiming For Financial Losses In Accident At Work Claim
You can potentially claim for another head of claim known as special damages. Special damages aim to reimburse you for any financial losses you incur as a result of an injury in the workplace caused by negligence. This can include:
- Travel expenses. Taxi rides, train fares, bus journeys etc. Provide evidence such as receipts or tickets.
- Medication. Keep receipts for any prescriptions you require because of the injury.
- Medical care. Hold on to any invoices from carers.
- Loss of income. Request previous and current payslips to demonstrate how much you would have earned.
Use Our Panel Of Solicitors To Make A Work Injury Claim On A No Win No Fee Basis
If you make an accident at work claim after an injury in the workplace, you could benefit from working with a No Win No Fee accident at work solicitor. They allow you access to the services of a solicitor, generally without any upfront costs.
Furthermore, during the claims process, you won’t have to pay your lawyer. As the name suggests, you won’t be charged for the work your solicitor has done if the claim is unsuccessful.
Should you win the case, the solicitor will remunerate a minor success fee. This success fee is legally capped, as outlined under The Conditional Fee Agreements Order 2013 You could be connected with a No Win No Fee solicitor today by contacting us:
- Contact us online
- Call us on the number at the top of the page
- Message us with our live chat feature
Learn More About Making A Workplace Injury Claim
This section will offer links that you may find useful.
Find out more about claiming with a fatal accident solicitor after a loved one passed away due to negligence.
Check whether you’re eligible to claim for an injury sustained by a minor accident at work.
A guide explaining how to claim for an injury at work if you’re self-employed.
The government offers information on your rights as an employee
The NHS offers guidance on when to visit an urgent care centre
Guidance from the Health and Safety Executive on employer risk assessments.
If you have any more questions about claiming for an injury in the workplace caused by negligence, get in touch with our team today.
Writer Matthew Winchester
Publisher Fern Summers
