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Accident At Work Claim – Workplace Compensation Solicitors
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An accident at work claim is a type of personal injury claim you could make if your employer failed to protect your health and safety, causing you to be injured. This could include an accident involving faulty equipment or inadequate training. If your claim succeeds, personal injury compensation may reflect your workplace injury and associated financial losses. Eligible claims could be handled by Accident Claims solicitors on a No Win No Fee basis.
A workplace injury can disrupt your everyday life and your ability to work. Pain may limit what you can do, while lost earnings can create financial pressure. Returning to the workplace can also feel daunting, particularly when the conditions that contributed to the accident remain on your mind.
Accident Claims’ solicitors have decades of combined experience and have secured more than £100 million in compensation for our clients. When assessing your claim, we’ll consider whether the safety measures in place were appropriate for the work you were doing and what the available evidence shows about the accident. For example, risk assessments may reveal whether a known danger was properly addressed, while an accident book entry can help establish how the incident was reported.
If you are unsure whether you can claim compensation, our free consultation gives you an opportunity to discuss what happened and understand your legal options.
An accident at work claim is a type of personal injury claim made when someone is injured because appropriate measures were not in place to protect their health and safety while working. A successful claim can provide compensation for the injury and resulting financial losses.
Workplace accidents are not limited to jobs that are considered dangerous. Someone working in an office could be injured because of an unsafe environment, while factory or construction work may expose employees to very different hazards. Being injured at work does not by itself mean you have a workplace injury claim. There must be a connection between the failure to protect your health and safety and the injury you suffered.
Contact Accident Claims for a free consultation. We’ll help you understand whether you may have grounds to claim.
Can I Make An Accident At Work Claim?
Yes, you could make an accident at work claim if your employer failed to take reasonable steps to protect your health, safety and welfare and this resulted in an accident and injury. To establish eligibility, the circumstances need to show that your employer failed to appropriately manage a workplace risk and that this failure caused you to be injured.
The Health and Safety at Work etc. Act 1974 sets out employers’ responsibilities for protecting employees at work. What an employer is expected to do will depend on the risks involved in the work. For example, this could mean providing suitable training for a task or ensuring that work equipment can be used safely.
When assessing whether you have grounds to make a compensation claim, our solicitors will compare what should have been done to manage the particular risk with what actually happened. This can involve establishing:
How the accident at work happened. The circumstances can help establish whether an identifiable workplace hazard caused your injury. For example, a workplace accident could result from faulty work equipment, inadequate training or unsafe working practices.
Whether your employer properly managed the workplace risk. Workplace risk assessments and health and safety records can show whether your employer identified the danger and took reasonable steps to prevent an accident at work. This could include providing appropriate training or properly maintaining equipment.
Whether the health and safety failure caused your workplace injury. Medical evidence can help connect your employer’s failure to the work accident and the harm you suffered. Establishing this connection is important when pursuing an accident at work claim for your injury and resulting financial losses.
What Responsibilities Does My Employer Have For Workplace Safety?
Your employer has responsibilities for workplace safety that require them to take reasonable steps to protect you from workplace hazards and reduce the risk of an accident at work. What this requires in practice depends on the work being carried out and the hazards employees may encounter.
Employers may need to:
Identify and address workplace risks. Suitable risk assessments can reveal hazards before they cause workplace accidents and help determine which precautions are appropriate.
Prepare employees to work safely. This may involve proper training for the task and appropriate systems of work, particularly where dangerous working practices could expose employees to injury.
Keep work equipment safe to use. Regular checks and maintenance can reduce the risk of faulty equipment causing a work accident. Personal protective equipment may also be necessary where employees need additional protection from a particular hazard.
Maintain a safe working environment. Employers should address hazards within the workplace and consider whether existing precautions remain suitable as working conditions change.
Workplace safety may also need to be reviewed as equipment, working practices or other conditions change.
Understanding whether more should have been done to prevent your accident can be difficult. Contact us for a free consultation, and we’ll assess the circumstances and explain whether you may have grounds to claim compensation.
How Accident Claims’ Solicitors Can Help You Claim Workplace Injury Compensation
Accident Claims’ solicitors can help you claim workplace injury compensation by handling the legal and evidential work needed to build your case. If we take on your accident at work claim, we’ll establish what happened and negotiate a settlement in your best interest.
Legal support can be particularly valuable where an employer denies liability, several businesses were involved, or serious injuries make the long-term consequences more difficult to value.
Our workplace injury solicitors tailor their approach to the issues that need to be resolved. Throughout the claims process, we can:
Establish what caused your accident at work. We’ll examine how the workplace accident happened and whether an avoidable workplace hazard contributed to your injury, particularly where responsibility for the incident is disputed.
Determine who may be responsible for your workplace injury. Where another business was involved in the work, we’ll establish who may be legally responsible and against whom your accident at work claim should be pursued.
Build evidence for your workplace injury claim. We can obtain relevant workplace records, risk assessments and witness statements where available. Medical evidence can also help establish the injuries caused by your accident at work.
Assess your workplace injury compensation. We’ll consider the impact of your injury alongside financial losses such as lost earnings. Where you have suffered a serious workplace injury, we can also assess how your future ability to work and ongoing needs may affect your claim.
Manage your accident at work claim. We’ll handle communication with the employer’s liability insurer, present supporting evidence and assess any compensation settlement offered against the circumstances and value of your claim.
Take the first step towards pursuing workplace injury compensation. Contact our team for a free consultation and let our solicitors handle the legal work while you focus on your recovery.
Which Workplace Accidents Could Lead To Compensation?
Workplace accidents that could lead to compensation include slips and falls, machinery accidents and manual handling accidents where inadequate workplace safety measures caused you to be injured. Whether you can claim compensation will depend on how the accident happened and what caused your injury.
Slips, Trips And Falls At Work
Slips, trips and falls at work can result from spills or damaged flooring. How long the hazard existed and whether it had been reported may help establish how the accident occurred.
For example, an employee could slip on a leaking pipe that their employer knew about but had failed to repair, causing them to fracture their wrist.
Falls From Height And Falling Objects
Falls from height can cause serious injuries, while falling objects may injure employees working below. The equipment used and the organisation of the work may help establish the cause of the accident.
A construction worker could suffer a head injury after being struck by unsecured materials that fall from scaffolding above them.
Machinery, Vehicles And Workplace Equipment
Machinery accident claims may arise when equipment malfunctions or cannot be used safely. Its condition and the health and safety procedures governing its use may help establish why someone was injured.
A factory worker could suffer a hand injury when using machinery with a defective safety guard that exposes them to moving parts.
Manual Handling And Lifting Accidents
A manual handling injury could result from a single lifting accident or develop through repeated handling. How the task was performed may help establish the circumstances of a work-injury compensation claim.
A warehouse worker could suffer a back injury after being instructed to lift a heavy load without suitable manual handling training.
Workplace Violence And Assaults
Workplace violence can cause physical or psychological injury where an employee is assaulted by a colleague or member of the public. The circumstances of the assault will influence the legal route available for seeking compensation.
For example, a security worker could be assaulted by a member of the public after their employer failed to implement appropriate measures despite previous incidents of violence.
Workplace Vehicle And Traffic Accidents
Workplace vehicle accidents can involve collisions or workers being struck by moving vehicles. How traffic was organised around the site may help establish why the accident happened and support a claim for work injury compensation.
For example, a warehouse employee could suffer a leg injury after being struck by a forklift because pedestrian and vehicle routes had not been adequately separated.
Unsure which type of workplace accident claim applies to you? Contact Accident Claims for a free consultation, and we’ll assess what caused your injury and whether you may have grounds to claim compensation.
Can Different Types Of Workers Make An Accident At Work Claim?
Yes, different types of workers could make an accident at work claim. Your working arrangement can affect who was responsible for your safety, so the reality of how the work was organised may matter more than your job title alone.
Agency, Temporary And Zero-Hours Workers
Agency workers, temporary workers, and zero-hours workers should not assume that their working arrangements prevent them from claiming.
For agency workers, responsibility may depend on the respective roles of the agency and the host business, including who controlled the work at the time of the accident.
Temporary and zero-hour workers are still owed the same duty of care by their employer to take reasonable steps to ensure their health and safety.
Can I Claim If I Was Working For Cash?
Yes, you could potentially claim if you were working for cash. How you are paid does not by itself determine your workplace rights or ability to pursue compensation. Instead, the actual working relationship and circumstances of the accident will need to be considered.
Self-Employed Workplace Accident Claims
Self-employed workers could make an accident at work claim if another party was responsible for their health and safety and failed to take reasonable steps to protect them. For example, a self-employed construction worker could claim if a site operator provided defective equipment that caused them to suffer an injury.
Whether you can claim will depend on who controlled the relevant aspect of the work and who was responsible for managing the hazard that caused your accident.
Your employment status should not stop you from finding out whether you have grounds to claim. Contact us for a free consultation, and we’ll consider who was responsible for your safety in practice, helping you understand whether your working circumstances could support an accident at work claim.
What Injuries Can Workplace Accidents Cause?
Workplace accidents can cause injuries such as broken bones, head injuries and back injuries, as well as more severe harm including amputations and psychological injuries.
Injuries sustained at work can include:
Fractures:Broken bones can result from falls, impacts, or accidents involving workplace equipment.
Head injuries: A serious accident may cause a head injury with potentially long-term consequences.
Back injuries: Lifting accidents and falls can cause injuries that impair mobility and work capacity.
Burns: Employees may sustain burns from contact with heat, chemicals, or electrical hazards.
Amputations: Machinery accidents can cause severe injuries resulting in the loss of a limb or other body part.
Psychological harm: A traumatic workplace accident may also affect a person’s psychological wellbeing.
The severity and longer-term consequences of your injuries will be important when determining how much compensation could be awarded.
Serious And Fatal Workplace Accidents
A serious workplace injury such as a brain or spinal injury may require substantial rehabilitation or ongoing care. Some injured employees may also be unable to return to their previous occupation.
For serious injury claims, workplace accident compensation may need to reflect the longer-term consequences of the injury. This could include future loss of earnings and the cost of ongoing care where these losses result from the accident.
Where a workplace accident results in death, certain eligible parties may be able to pursue a fatal accident claim. Eligibility will depend on their relationship to the person who died and the circumstances of the workplace accident.
If you or a loved one has been affected by a serious or fatal workplace accident, contact our team for a free consultation.
How Much Compensation Could I Claim For An Accident At Work?
How much compensation you could receive for an accident at work claim will depend on the injuries you suffered and how they have affected your life and finances. The value can differ considerably between a short-term injury and one with permanent consequences.
When our solicitors value your claim, they will consider:
The severity of your injury: Compensation can reflect your pain, suffering and loss of amenity, taking account of your recovery and any lasting effects.
The longer-term impact: A lasting injury may affect the value of your claim where it reduces your independence or limits your future ability to work.
Your financial losses: Lost earnings, medical expenses and other costs resulting from your workplace injuries can form part of the compensation sought when supported by appropriate evidence.
General damages compensate you for the pain, suffering and loss of amenity caused by your injury. To help estimate this part of a workplace injury claim, solicitors may use the Judicial College Guidelines (JCG) alongside your medical evidence. The JCG sets out guideline compensation brackets according to the nature and severity of an injury.
The table below provides examples of JCG compensation brackets for injuries that could result from a workplace accident. The figures are intended as guidance only. Please be aware that the top entry has not been taken from the JCG.
Injury
Severity
Compensation
A number of very severe injuries and special damages
Various very severe injuries and special damages including lost wages, private medical costs or professional or domestic care costs
Up to £1 million +
Head or Brain
Very Severe - where there will be some ability to follow basic commands but little, if any evidence of a meaningful response to environment
£372,570 to £533,720
Leg amputations
Loss of Both Legs - where both legs have been lost above the knee, or one above the knee at a high level and one below the knee
£318,120 to £372,570
Back injury
Severe (i) - the most severe back injuries including spinal cord damage or nerve root damage
£120,340 to £212,670
Neck injury
Severe (i) - associated with incomplete paralysis with little to no movement in the neck
In the region of £195,970
Arm amputation
Loss of One Arm (iii) – below the elbow amputation
£127,050 to £144,860
Knee injury
Severe (ii) - a fracture of the leg that extends into the knee joint causing permanent ongoing pain, or impairing agility
£68,860 to £92,130
Hand injury
Serious Hand Injuries - injuries that reduce the hand to 50% capacity
£38,310 to £81,790
Shoulder injury
Severe - associated with neck injuries and brachial plexus damage
£25,370 to £63,450
Psychiatric Harm
Moderate - marked improvement and a good prognosis
£7,740 to £25,190
What Financial Losses Could Workplace Accident Compensation Cover?
Workplace accident compensation could cover financial losses caused by your workplace injury, including lost income, treatment costs and expenses arising from your recovery. These losses are known as special damages, and evidence is needed to show that they resulted from your accident at work and to calculate their value accurately.
As part of your accident at work claim, our solicitors can assess:
Lost earnings following an accident at work. If your workplace injury meant taking time off work, moving onto reduced hours or returning to a lower-paid role, our solicitors can use payslips and employment records to calculate your loss of earnings.
Medical and rehabilitation costs after a workplace injury. A work accident may leave you needing physiotherapy, rehabilitation or other treatment during your recovery. Medical evidence, invoices and receipts can help demonstrate that these costs resulted from the injuries sustained in your workplace accident and allow our solicitors to calculate the recoverable expenses.
Care and travel expenses caused by your accident at work. Your injury at work may leave you needing help with everyday activities or paying to travel to medical appointments. Our solicitors can identify these additional workplace injury expenses and use receipts, travel records and evidence of the assistance provided to calculate eligible losses.
Future financial losses after a serious workplace accident. A serious workplace injury may reduce your future earning capacity or create ongoing care and rehabilitation needs. Our solicitors can use medical evidence and financial records to calculate these future financial losses and ensure supported long-term needs are considered when valuing your compensation.
Accurate evidence helps demonstrate the full financial impact of your workplace accident rather than relying on estimates. Our solicitors can identify the evidence needed and calculate each recoverable loss so your work injury compensation claim reflects its supported financial consequences.
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After being injured at work, your immediate priority should be getting appropriate medical attention so your injuries can be assessed and treated. Medical records of the care you receive may also be used as evidence in your claim regarding the injuries you suffered.
Once you are able, practical steps can include:
Report the accident: Make sure your employer is aware of what happened and that the incident is appropriately recorded, such as in the accident book.
Preserve useful information: Photographs, correspondence or details of anyone who witnessed the accident could later help establish what happened.
Retain records of your losses: Keep relevant documents showing expenses or lost income resulting from your workplace injury.
You do not need to build the evidence for a potential claim yourself. A solicitor can identify what information is relevant and obtain additional records where necessary.
Should My Workplace Accident Be Recorded?
Yes, workplace accidents should be appropriately recorded where the relevant reporting requirements apply. The Health and Safety Executive (HSE) states that employers must keep records of certain workplace injuries and incidents, while workplaces with more than 10 employees are required to keep an accident book on site.
An accident book entry can also become useful evidence if you later make a claim. It may help establish when the accident was reported and what was recorded about how it happened.
Does My Accident Need To Be Reported Under RIDDOR?
The injured employee is generally not responsible for making the report. This normally falls to the employer or another relevant responsible person.
Contact our team for a free consultation, and our solicitors can assess the circumstances of your workplace accident and explain your options for pursuing compensation.
Can I Claim Workplace Injury Compensation On A No Win No Fee Basis With Accident Claims?
Yes, you could claim workplace injury compensation on a No Win No Fee basis with us here at Accident Claims if one of our solicitors agrees to take on your case. Eligible claims can be handled under a Conditional Fee Agreement (CFA), so you do not pay any upfront or ongoing solicitor’s service fees.
If your claim fails for any reason, you will not pay your solicitor’s service fees. If it succeeds, a legally capped percentage, known as a success fee, is deducted from your compensation.
Before you proceed, we’ll explain how the agreement works and what fees could apply, so you understand how a CFA works from the outset.
Contact Our Team About An Accident At Work
Getting clear advice can help you understand your options after a workplace accident. Contact Accident Claims for a free consultation, and we’ll assess whether you may have grounds to claim compensation.
Below, we answer some of the most common questions about an accident at work claim:
Who Pays Compensation For An Accident At Work?
Compensation for an accident at work claim is commonly paid by the employer’s liability insurer rather than directly by the employer. Employers are required to have employers’ liability insurance to cover eligible workplace injury claims.
Can I Claim If An Accident At Work Was My Fault?
Yes, you could still claim if an accident at work was partly your fault, provided your employer was also responsible for the workplace accident and your injuries. If you contributed to the accident, your compensation may be reduced to reflect your share of responsibility.
Can I Claim If Another Employee Caused My Accident?
Yes, you could claim if another employee caused your accident while carrying out their work. Your employer may be held responsible for their actions under the principle of vicarious liability.
Can I Claim If I Am Still Working For My Employer?
Yes, you could make an accident at work claim while still working for the same employer. Remaining employed does not prevent you from pursuing compensation if you otherwise meet the eligibility requirements for a workplace injury claim.
Can I Be Sacked For Making An Accident At Work Claim?
No, you should not be sacked for making an accident at work claim simply because you have exercised your legal right to seek compensation. If you are concerned about dismissal or your treatment at work after claiming, you should seek specialist employment law advice.
Can I Claim For An Accident While Working From Home?
Yes, you could claim for an accident while working from home if your employer failed to take reasonable steps to protect your health and safety and this caused you to be injured. Whether you can claim will depend on how the accident happened and your employer’s responsibility for the risk involved.
Can I Claim If My Employer Has Gone Out Of Business?
Yes, you may still be able to make an accident at work claim if your employer has gone out of business. Whether a claim can proceed will depend on the circumstances, including whether relevant employers’ liability insurance was in place at the time of the workplace accident.