How To Make An Accident Or Injury Compensation Claim Against Your Workplace For An Accident At Work?

 compensation claim against your workplace

Workplace accident injury claims guide

By Fern Easton. Last Updated 3rd March 2021. Welcome to our guide on making a compensation claim against your workplace. When you are at work, your employer owes you a duty of care. This means that they are legally obliged to provide you with a safe and hygienic environment in which to work. If you have an accident at work, which was caused by negligence on the part of the employer and were injured as a result, you could be eligible to make a claim against your workplace for compensation.

If you wish to make a compensation claim for a workplace accident, call Accident Claims UK today. We can offer you advice on how to make a work injury claim. If we can see that you have good reason to claim compensation, we could provide you with a personal injury solicitor to represent you in your claim against your employer. Our solicitors have decades of experience handling personal injury claims, so you can trust that your case will be in safe hands.

How to make a work accident claim? Start by calling Accident Claims UK on 0800 073 8801 for your free consultation. Alternatively, contact us using our online claims form. If you have a good reason to claim, we will provide you with a personal injury solicitor to handle your accident at workplace claim, who will start working on your claim as soon as possible.

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A Guide About How To Make An Accident Claim Against A Workplace

In the UK, there is legislation to protect workers from accidents at work. If you have been injured at work or ill because your employer neglected to protect you, you may be able to claim compensation from them. In this guide to making a claim for a work accident, we will explain how to complain about a workplace and how to claim for a work accident if you have been injured or ill because of your employer. We will explain what rights you have as a worker and look at common causes of accidents in the workplace.

You could be owed compensation for your injuries or illness. If your claim is successful, you may be awarded funds to compensate you for the pain, suffering and loss of amenity your injuries have caused. You will also be able to claim compensation for any expenses you may have as a result of your injuries. To begin your workplace accident claim, call us today to speak to an advisor or contact us using the online claims form.

What Are Claims For Workplace Accidents?

In the UK, the Health and Safety at Work Act 1974 states that employers have a duty of care towards their employees. This means that they are responsible for protecting their employees from suffering workplace accidents, on their premises or in an environment where they have control. If you work off-site, then your employer is still supposed to take precautions to protect you with regards to factors where they have control. For example, if you work as a delivery driver, the company is supposed to properly maintain your vehicle to protect you from road traffic accidents.

To make sure the working environment is safe and hygienic, employers are required to make sure they follow regulations and industry-specific guidelines to make sure that their workplace is free of hazards (pose a risk of injury or illness to an employee). In order to prevent workplace accidents, employers are supposed to conduct regular risk assessments (also known as safety reviews) to identify health and safety hazards and apply control measures to the hazard. In an event that a workplace process involves inherent risk, the employer should apply control measures to minimise the risk. For example, if a manufacturing plant has equipment that is potentially dangerous if not used correctly, the employer must ensure that all employees with access to the equipment are properly trained to use it.

If an employee is harmed in an avoidable accident that was caused by negligence on the part of the employer, this breaches the employer’s duty of care. In this case, the employer may be held liable for the employee’s injuries or illness and could owe the employee compensation. To claim their compensation, the employee could have to make a workplace accident claim. For best results, we would recommend using a personal injury solicitor to handle your claim, as they will be able to offer you legal advice and negotiate to get you an appropriate compensation settlement for your injuries.

When Could I Make A Claim Against An Employer?

Most employers take their duty of care very seriously and work hard to ensure that their premises are a safe working environment for their employees. If an accident happens due to negligence on the part of an employer, resulting in an employee suffering an injury or illness, the employee may have the right to claim against their employer for negligence. A worker may claim against an employer for the following reasons: accidents at work resulting in injury, accidents at work resulting in illness, stress at work, or bullying at work etc. In this guide, we will show you how to make a claim against your workplace for any of the above reasons.

Types Of Workplace Accidents

We will now look at the types of workplace accidents that could happen. We will look at how they could happen and what injuries they could result in.

Slip and fall accidents:

Slip and fall accidents can take place when a slippery substance is spilt onto the floor and is not cleaned up. This could be a drink being spilt onto the floor in an office kitchen, a squashed grape on the floor of a supermarket, cooking oil on the floor of a restaurant kitchen or machine oil being spilt on the floor of an industrial plant. The slippery substance can stop the person’s shoes from being able to grip the ground effectively, causing a slip and fall accident. If the substance has to be mopped up, and the floor is made wet as a result, the wet floor should be signposted until it is dry to warn passers-by not to walk on the slippery surface.

If steps are not taken to clean up a slippery substance on the floor, or a wet floor is not signposted, and this leads to a workplace accident, the employer could be held liable for any injuries caused. As well as slip and fall accidents, tripping accidents are also common in workplaces. Trip and fall accidents can be caused by hazardous flooring such as a nail sticking out of a floorboard, raised wires running across the floor or weights being left on the floor in a gym. In this instance, an employer may also be held liable for any injuries caused.

According to the Health and Safety Executive’s (HSE), non-fatal injuries reported statistics- slip, trip and fall accidents at the same level – were the most common type of workplace injury. They made up 29% of all reported injuries for 2019/20 (the most recently available at the time of writing). Injuries that can be caused by slip and fall or trip and fall accidents include soft tissue injuries, broken or fractured bones, back injuries and head injuries. The graph below shows the frequency of slips, trips and falls when compared to other causes of injury in the workplace.

HSE accident at work statistics graph

HSE accident at work statistics graph

Fall from a height:

Falls from a height are relatively common accidents at work. According to the Health and Safety Executive’s (HSE), non-fatal injuries reported under RIDDOR statistics, falls from height made up 8% of all reported injuries for 2019/20 (the most recent at the time of writing). Falls from a height can happen if an employee leans on a faulty railing, causing them to fall down from one level of a building to another, or if an employee falls down the stairs due to disrepair or poor maintenance or a construction worker falling off a ladder that had not been properly secured.

Falls from a height can be more dangerous than falls occurring on the same level because the impact when hitting the ground is often greater. Injuries that can take place if a worker falls from a height include slipped discs, compressed discs, other back injuries potentially resulting in paralysis, broken bones or head injuries, including major head injuries.

Machinery:

Many workplaces, such as a manufacturing workshop or engineering plant, may have heavy equipment or machinery, which is potentially dangerous if not used correctly. Employers have a responsibility to ensure that workers that use equipment or machinery do so only if they have received the proper training. They must also ensure that the machinery is properly maintained and conduct regular safety checks, fixing any dangerous faults.

What sorts of accidents could occur when using machinery if proper health and safety checks have not been made?

  • Contact: when part of a worker’s body comes into contact with a dangerous part of the machinery such as an electrical live item, hot part, or a sharp edge.
  • Impact: When a worker is struck or crushed by a piece of machinery.
  • Entanglement: A piece of jewellery, clothing or a strand of hair is entangled in the mechanism of a machine, potentially pulling the person into the mechanism and crushing them.
  • Ejection: When a machine part of an object comes loose and hits a worker.
  • Entrapment: When a worker’s fingers or another body part is pulled into the mechanism of the machine.

Vehicle Injuries:

If you drive professionally as a taxi driver or delivery driver, or you drive a company car, is your employer automatically liable if you have a road traffic accident? No, if you are involved in a car accident where you were at fault or another driver was at fault, you will not be able to make a personal injury claim against your employer. However, you will be able to claim for a work accident if the accident was caused by negligence on the part of your employer, for example, if the employer did not properly maintain your company vehicle or provided you with a faulty company vehicle which was dangerous to drive. If you have been injured because of a road traffic accident that you believed was caused by your employer, call Accident Claims UK to enquire how to claim for a work accident involving a company vehicle.

These are just a few examples of the types of accidents that could happen in the workplace due to negligence on the part of an employer. If you have been injured at work because of a workplace accident that was not your fault, you could be entitled to claim compensation.

For more information on how to make a work accident claim for compensation, call Accident Claims UK to speak to an advisor about making a no win no fee claim for compensation.

Checking What Workplace Rights You Have

Many people who become injured at work are worried about where they stand with their employer after having a workplace accident. Our clients often ask us, “can I be sacked for having an accident at work?” If your employer sacked you because you had an accident at work, you could also be able to make a compensation claim against them for unfair dismissal, so it is unlikely that a reputable employer would take such action. Your employer should also have public liability insurance in case a personal injury claim is brought against them, so it is unlikely that you making a claim will encourage them to treat you differently.

Another worry that injured workers may have is whether or not they will still get paid if they have to take time off work for their injuries. This will depend on the terms and conditions of your employment contract. You may be entitled to sick pay or up to twenty-eight weeks of statutory sick pay. This Citizens Advice Bureau guide can provide you with more information.

Checking Your Eligibility To Make A Claim Against Your Employer

When clients ask us “how to claim for a work accident?” they often want to know if they are eligible to claim against an employer. We will look at this in more detail below:

  1. Agency and temp workers: If avoidably injured on work premises, they may be held liable for your injuries.
  2. Self-employed workers: If you are a self-employed worker, who was avoidably injured because of negligence on premises owned by another party, you may be able to claim against that business or organisation.
  3. Zero-hours contracts workers: Employers still owe zero-hour contract workers a duty of care. So if a worker is injured because of negligence on the part of their employer, they would still have the right to claim compensation.
  4. Homeworkers: If you work from home, there may be circumstances in which you could potentially be eligible to make a claim against your employer. For example, if your employer-provided you with equipment that was not fit for purpose and you were injured as a result.

To learn more about how to claim for a work accident and how to complain about a workplace, call Accident Claims UK today to speak to an advisor.

Check Who Caused Your Workplace Accident

Employers should take precautions such as the ones listed below, to avoid workplace accidents taking place on their premises:

  • Ensure the workplace is clean and tidy. For example, if a liquid is spilt onto the floor, it must be cleaned up and signposted to avoid causing a slip accident.
  • Fix any disrepair in the workplace. For example, repair a loose floor tile, or a broken shelf, that could potentially cause an accident.
  • Ensure that employees are not exposed to harmful chemicals or substances.
  • Supply employees with personal protective equipment (PPE) where needed to protect them from harmful substances or environments.
  • Ensure that employees are provided with the correct equipment they need to do their jobs safely.
  • Ensure that employees that operate potentially dangerous machinery have adequate training to do so.
  • If employees are required to lift objects, they need to receive manual handling training and equipment where appropriate to avoid musculoskeletal injuries.
  • Ensure that employees are correctly trained to carry out their jobs safely and effectively.
  • Have a zero-tolerance policy against bullying or harassment.

Do Claims Against Your Workplace Have To Go To Court?

These cases are usually resolved in an amicable manner. A claim is only likely to go to court if an employer denies that they are liable for your accident. Fortunately, your solicitor will have investigated thoroughly to put together a strong case of evidence to support your accident at work claim.

What Compensation Could I Claim From My Workplace?

If your accident at work claim is successful, your claim will be awarded in two parts.

  1. General damages: These will compensate you for the pain, suffering and loss of amenity that you have experienced.
  2. Special damages: Special damages are awarded to reimburse the injured person for any expenses they have had as a result of their injuries. These could include; mobility equipment expenses, care expenses, home or car adaptation expenses, travel expenses, medical expenses and reimbursement for loss of income. Please keep evidence of all the purchases you have made as a result of your accident.

Calculating A Compensation Claim Against A Workplace

You can use this personal injury claims calculator to estimate how much compensation you could be owed in general damages (excludes special damages). This is an approximate amount. When you have your consultation with a legal advisor, we may provide you with an estimate.

Type Of AccidentLevel Of SeverityCommentsSettlement
AnkleSevereSuch injuries could require long periods of treatment, such as wearing a plaster cast or require pins and plates to be inserted into the joint. There may be resulting disabilities and effects on sleep patterns as well as the ability to move about.£29,380 to £46,980
AnkleModerateLess serious injuries than the category above, but which include breaks and fractures to the bones or damage to the ligaments and connective tissues.£12,900 - £24,950
WristWhere the claimant has completely lost function in and use of their wrist.£44,690 to £56,180
WristInjuries which result in a permanent level of disability, though, there is some use in the wrist.£22,990 to £36,770
FootSeriousWhilst there are more serious levels of injury to the foot, there could be continuing pain and conditions such as arthritis. There may be the risk of needing prolonged treatment and care.£23,460 to £36,790
FootModerateThe claimant may have sustained a displaced metatarsal fracture. There could be some deformity and additional symptoms in the future.£12,900 to £23,460
HandLess seriousThis could include a severe type of crush injury which could lead to impaired hand function.£13,570 to £27,220
HandModerateSuch as injuries to the soft tissues, penetrating wounds and similar lacerations. The top of the bracket would be appropriate where surgery has failed. £5,260 to £12,460
NeckModerate (i)This could include a dislocation or fracture of the bones in the neck. Chronic conditions may also be included in this level.£23,460 to £36,120
NeckModerate (ii)This could include wrenching type injuries and disc lesions as well as those which severely limit the range of motion in the neck.£12,900 to £23,460

No Win No Fee Injury Claims Against Your Workplace

At Accident Claims UK, we handle our claims on a no win no fee basis. This means that you will only have to pay your solicitors fee if you win your claim, so there is less financial risk involved for you. You also won’t have to pay an upfront solicitors fee, making it the more affordable option for many. To learn more about making a no win no fee claim, call Accident Claims UK today.

How Accident Claims UK Could Help You

At Accident Claims UK, we understand that being injured at work can have a detrimental effect on your health, finances and career progression. Because of this, we will push to win you the maximum amount of compensation you could be owed.

What Can Accident Claims UK Offer You?

  • The services of an excellent solicitor with years of experience, handling workplace accident compensation claims.
  • The option to make a no win no fee claim.

Contact Us To Claim Against An Employer

To begin your accident at work claim, call Accident Claims UK on 0800 073 8801 for your free consultation. Alternatively, contact us using our online claims form. We’re looking forward to hearing from you.

Making a compensation claim against your workplace- FAQs

Can you claim compensation for stress at work?

Many of us feel that our jobs cause us stress from time to time. But if you find yourself experiencing prolonged stress that is negatively affecting your physical and mental health due to employer negligence, then you may be able to make a workplace claim for stress.

Information related to the accident at work procedure often focuses on the physical effects of employer negligence like an injury. But stress, depression and anxiety made up more than half of all work-related ill health in 2019/20. If you feel like you’re suffering from work-related stress because your employer isn’t doing all that’s reasonably practicable to prevent it, then get in touch with us today; you may be able to make a compensation at work claim.

Do I get paid if I get injured at work? 

If you’re injured at work or become ill through employer negligence, then you may be able to claim statutory sick pay (SSP). In order to qualify, you need to be earning an average of £120 a week and have been unable to work for at least 4 consecutive days. SSP will be paid by your employer for up to 28 weeks, and you’ll be entitled to £95.85 a week. Sometimes, your employer may have a scheme in place whereby you get more than this, but you’ll need to check your contract to see if this applies to you.

When you make a claim for a work accident, your special damages will take into consideration any loss of earnings that you’ve experienced. So even if you weren’t eligible for SSP, or were off for more than 28 weeks, you may still be compensated for the loss of earnings you experienced.

Resources:

You may find these Accident Claims UK resources helpful:

Restaurant injury claims – In this guide, we look at the process of making a claim for an accident in the workplace if you work in a restaurant.

Back Injury At Work Compensation Claims Guide – How Much Can I Claim? – This guide looks at making a claim for a back injury in the workplace.

How Much Compensation Can I Claim For Stress At Work? – This guide looks at how much compensation you could claim for workplace stress.

External Resources

An HSE Guide To Non-Fatal Injuries At Work In Great Britain – This HSE guide looks at non-fatal workplace accidents.

A Guide To RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, 2013) – This is the process for reporting certain injuries and illnesses in the workplace.

When to visit a walk-in centre– An NHS guide to visiting an urgent treatment centre

Thank you for reading our guide on making a compensation claim against your workplace.

Article by HC

Edited by MM.