This guide will try to answer many of your questions if you’re thinking of making an accident at work claim. We’ll look at some of your rights if you’re injured whilst working and review the eligibility criteria for claiming compensation. Importantly, we’ll also look at what damages could be awarded. Whether you’ve slipped at work, suffered broken bones or been injured on a building site, this guide should prove useful.
Should you decide to take action after reading this guide, we’re here to help. Our advisors will start by reviewing the merits of your case in a free claim review. Accident Claims UK has a team of specialist personal injury solicitors who’ve been helping clients for decades. If your case appears to be strong enough, our advisors could ask a solicitor to represent you. If they agree, you’ll be represented on a No Win No Fee basis.
We’ll try to answer all of your questions during the course of this guide so please read on. Alternatively, please get in touch on 0800 073 8801 if you’d like to discuss your options right away.
Select A Section
- How Do I Know If I Have An Accident At Work Claim?
- What Should I Do After Being Injured At Work?
- Do I Need A Solicitor To Claim Compensation?
- Could I Claim For A Work Accident Abroad?
- How Much Can I Claim For An Accident At Work?
- How Long After An Accident At Work Can You Claim?
- When Will I Get My Compensation Settlement?
- How Much Will It Cost To Make An Accident At Work Claim?
- Can I Make An Accident At Work Claim With A No Win No Fee Solicitor
- Could I Claim If Someone Else Was Injured At Work?
- Do Accident At Work Claims Go To Court?
- I Need To Pay For Medical Care Or Home Adaptations, Can I Get An Interim Payment?
- Does My Compensation Settlement Cover The Cost Of Prosthetics?
- Who Pays My Compensation?
- What Happens If I Lose My Claim?
- Will I Get A Local Solicitor?
- Will I Have To Travel To Meet My Solicitor?
- Can I Claim Without Medical Evidence?
- Can I Claim If I’m Self-Employed Or A Contractor?
- Could I Be Dismissed For Making A Claim?
How Do I Know If I Have An Accident At Work Claim?
All employers have a duty of care to try and keep employees safe in the workplace. That doesn’t mean accidents will never happen, but they must take reasonable measures to prevent them. The legislation that provides this duty of care is the Health and Safety at Work etc. Act 1974.
You could be entitled to claim if:
- An accident at work happens because your employer breached their duty of care; and
- You were injured or became ill as a result of that accident.
If both statements are true in your case, one of our personal injury solicitors could help you claim compensation.
What Should I Do After Being Injured At Work?
There are some steps you could take after an accident at work. They could help if you do need to seek compensation for your injuries later on. Some of the steps you could take include:
- Report the accident. You should then be given a copy of the accident report form which could be used as evidence. Some accidents will also need to be reported to the Health and Safety Executive (HSE) by your employer. The HSE is a government agency that enforces health and safety laws.
- Seek medical treatment. Medical records from A&E or a minor injuries unit could be used to prove the severity of your injuries.
- Take photographs. If you are injured in a workplace accident, take pictures of the accident scene. These should show the cause of the accident where possible.
- Note any witnesses. If anybody else was present when you were injured, record their contact details. They might be asked to provide a witness statement later on.
- Ask for camera footage. If your accident was caught on camera, ask your employer for a copy of the footage.
All of these steps might provide useful evidence if you do start an accident at work claim. Please get in touch if you’d like us to check through anything you’ve gathered to support your case.
Do I Need A Solicitor To Claim Compensation?
You’re not obliged to hire a solicitor to make an accident at work claim. You could process the claim yourself. However, claims can be complex and might require technical evidence to be successful.
If you fail to convince your employer’s insurers (who usually process claims) that their client was to blame for both the accident and your injuries, you could:
- Be paid too little compensation to cover your suffering; or
- Not be paid compensation at all.
We believe a personal injury solicitor could improve your chances of making a successful claim and being awarded a fair settlement amount. The fact that our solicitors work on a No Win No Fee basis means you could get specialist legal representation with minimal financial risk. So, why not call today to see if we could help you make an accident at work claim?
Could I Claim For A Work Accident Abroad?
Some roles require employees to work abroad. This might be on a temporary or permanent basis. If your employer is a British company and you’re working under British law, you’ll enjoy the same employment rights. Therefore, if you have an accident at work abroad, you could be entitled to claim compensation. As mentioned earlier, your employer’s negligence must’ve caused the incident in some way.
How Much Can I Claim For An Accident At Work?
Any accident at work claim will be different to the next. Accordingly, no two settlement amounts are the same. That’s because compensation amounts aren’t just a figure you ask your employer to pay. Instead, they’re based on the severity of your injuries and how they’ve affected you.
Therefore, a back injury that causes chronic pain for the rest of your life could receive a higher settlement amount than a broken finger that heals within 4-weeks.
Our advisors can value your potential claim for free. Why not get in touch today?
How Long After An Accident At Work Can You Claim?
Any accident at work claim must be started within the relevant time limits. Generally, this is 3-years from either:
- The date of your workplace accident; or
- The date you became aware that negligence at least contributed to your injuries. This is called the date of knowledge.
The time limit is found in the Limitation Act 1980. This piece of legislation also states that claims that are not made in time can become statute-barred. Therefore, if you claim too late, you might miss out on any form of compensation payment.
However, there are exceptions to the above limitations. Why not contact our advisors to see if you still have time to claim?
When Will I Get My Compensation Settlement?
Each accident at work claim is different. So, even though there is a claims process that personal injury lawyers follow, the time to finalise any settlement will vary. In cases where only minor injuries have been sustained and liability is admitted early, your compensation could be paid in around 6 to 9 months.
However, the processing time can be longer if any extra investigation into the extent of your injuries is needed. Therefore, it could take more than a year before compensation is paid out in some cases.
How Much Will It Cost To Make An Accident At Work Claim?
Claiming with a No Win No Fee solicitor means that you won’t need to pay any solicitor fees upfront. If your claim is successful, you would pay a success fee, which we’ll discuss in the next section. If your claim is lost, you wouldn’t have to pay your solicitor’s fee under a No Win No Fee agreement.
Can I Make An Accident At Work Claim With A No Win No Fee Solicitor?
Our solicitors offer a No Win No Fee service so as many claimants can benefit from their legal skills as possible. If your claim is accepted, you’ll be sent a contract called a Conditional Fee Agreement (CFA). That’s the formal term for a No Win No Fee agreement.
If your case is won, you’ll pay a success fee that’s defined in the CFA. This is a percentage of any compensation you receive. Under law, when using a CFA, your success fee will be capped to a maximum of 25% of your settlement. The stress levels involved in claiming could be reduced because you’ll know from the start that the success fee isn’t payable unless your claim is won.
Could I Claim If Someone Else Was Injured At Work?
If a family member or friend is injured at work, you could claim compensation on their behalf. That may be the case if their injuries mean they aren’t able to represent themselves. To do so, you’ll need to become their litigation friend. Once the paperwork is completed, you’ll make decisions on behalf of your loved one (in their best interests) and they’d receive compensation.
Do Accident At Work Claims Go To Court?
We’re often asked whether personal injury claims go to court. In our experience, most claims are settled amicably and do not require court action. In fact, protocols are in place to try and reduce the number of claims handled by courts.
That said, court action may still be required. That might be the case if:
- Your employer won’t admit liability for your accident; or
- They won’t agree to a compensation amount that you believe is fair.
Our solicitors will always try to resolve claims without court action wherever possible.
I Need To Pay For Medical Care Or Home Adaptations, Can I Get An Interim Payment?
In some cases, your solicitor could ask your employer to make an interim payment before your case is settled. This could be to cover the costs of medical care or changes to your home to help you cope with a disability. Interim payments may be possible if your employer has admitted liability for the accident and your injuries but an agreement has not yet been made about the compensation amount.
Does My Compensation Settlement Cover The Cost Of Prosthetics?
If you require a prosthetic limb because of your injuries, your accident at work claim compensation could cover the cost. Generally, you will need to show how the prosthetic you are claiming for will be more beneficial than the one you’d receive free from the NHS.
Who Pays My Compensation?
In most cases, your claim will be forwarded to your employer’s insurer. That’s because most businesses require liability insurance to cover them against accident claims. As a result, your employer may not have to find money to compensate you because they’d already be covered.
What Happens If I Lose My Claim?
One of the benefits of No Win No Fee claims is that you won’t need to pay for your solicitor’s work if the claim is lost. However, you might be liable for some of the costs involved in the claims process. To cover you against these losses, your solicitor will advise you on taking out an After The Event insurance policy. This is something that your home or motor insurance policy may already provide.
Will I Get A Local Solicitor?
Accident Claims UK provides a nationwide service. As such, we can’t guarantee that you’ll be matched by a local solicitor. That doesn’t matter though because our solicitors provide an efficient online service. Therefore, if you make an accident at work claim, it could be dealt with via emails, letters or telephone calls.
Will I Have To Travel To Meet My Solicitor?
One of the benefits of our service is that you don’t need to waste time travelling to see your solicitor. So that they can get started right away, any meetings will usually be dealt with on the phone or by video call.
Can I Claim Without Medical Evidence?
Ideally, medical records from a GP surgery, minor injuries unit or hospital should be available to support your claim. However, if you didn’t seek medical advice at the time, that won’t always stop you from claiming. In this instance, the best thing to do is to call our advice line for a free assessment of your case.
Can I Claim If I’m Self-Employed Or A Contractor?
It is possible to make an accident at work if you’re a contractor or self-employed. That’s because any company you work for still has a duty of care to keep the workplace safe. Therefore, if you’re injured because of the company’s negligence, you could be entitled to claim against them.
Could I Be Dismissed For Making A Claim?
So long as your claim against your employer is honest, you cannot be sacked, demoted, treated differently or lose out on training or promotion opportunities. If any of these were to happen because of your claim, you could claim for unfair or constructive dismissal.
If you have any more questions about making an accident at work claim, our advisors can help. They give free legal advice and are available 24/7.
Guide by BH
Edited by RV