By Joanne Jeffries. Last Updated 5th January 2022. Welcome to our online guide, where we will be discussing suing an employer for negligence in length. Throughout this guide, we will provide free legal advice and discuss critical questions, such as “could I sue my employer for negligence?”. After reading our guide, you will have a greater understanding of the claims process and how our team could be of assistance when suing your employer for negligence.
If you’ve suffered an injury at work caused by an accident that you weren’t to blame for, then you might be considering whether to sue your employer for negligence. Doing so can be quite stressful and cause you to worry about what might happen but, in this guide, we’ll explain when you could make a claim, how to do so using a No Win No Fee solicitor and why your employer can’t discipline you, by law, for doing so.
If you’d like to discuss how we could help you claim, please call 0800 073 8801 today. We’re ready to assess your claim for free and, if we think you have a strong case, we could introduce you to one of our panel of No Win No Fee solicitors.
To find out more about employee negligence cases before calling our team, please continue reading.
Select A Section
- A Guide To Suing An Employer For Negligence
- What Is Employer Negligence?
- High Risk Workplaces
- What Is An Employer’s Duty Of Care?
- When Could An Employer Be Considered To Be Negligent?
- Breaches In Health And Safety Executive Regulations
- How Do I Sue An Employer For Negligence Leading To An Injuries?
- How To Find Legal Assistance
- What Could I Claim If Injured Due To Negligence?
- Suing An Employer For Negligence Compensation Calculator
- No Win No Fee Claims Against Employers For Negligence
- How Accident Claims UK Could Help You
- Contact An Accident Claims Specialist
- Resource Materials
A Guide To Suing An Employer For Negligence
The fact you’re reading this guide probably means you’re trying to decide whether to sue your employer for negligence, and you probably have questions like:
- “Can I sue my employer for negligence in the UK?”
- “What is employer’s negligence?”
- “What reasons can you sue your employer for?”
In this guide, we’ll attempt to provide information to help you answer those questions, explain when you could begin suing your employer for negligence and help you work out how much compensation you could be entitled to.
Before taking on those questions, it’s worth considering whether you could be eligible to claim. Personal injury solicitors often ask the following questions before they’ll agree to take on a claim. See if you can answer yes to them all:
- Did your employer owe you a duty of care?
- Did an accident happen because they breached that duty of care?
- Were you injured during that accident?
We’ll cover employer negligence and their duty of care later in this guide, but the answer to the first question will be yes in many cases. Therefore, proving questions 2 and 3 become important.
Another point to note is that there is a personal injury claims time limit. In the UK, it’s currently 3 years. That’s either from the date your accident occurred or from the date your injuries were diagnosed.
Accident Claims UK could help you sue an employer for negligence and refer you to a solicitor who’ll work on a No Win No Fee basis. This reduces the financial risk of making a claim massively. Therefore, if you’d like to start your claim, get in touch today. There’s nothing to lose, and you’re under no obligation to proceed.
What Is Employer Negligence?
To make a claim against your employer for negligence, you’ll need to show how they’ve acted negligently and how that led to your injuries. To assist you, here are some examples of why an employer might be deemed negligent:
- Suppose they did not provide you with health and safety training and information about the health and safety policy. This is a legal requirement, and inadequate training could result in you not working safely.
- You were injured because you were using inadequate equipment or machinery without adequate training. Negligent training cases could be raised in this instance.
- Safety equipment wasn’t provided to help reduce the risks for the work you were carrying out. This could include safety goggles, hard hats or protective clothing.
- If machinery or equipment was maintained according to the manufacturer’s guidelines.
- Where the workplace was unsafe because of dangerous conditions, uneven floors or slippery surfaces.
- If you suffered an injury caused by a vehicle in the workplace.
- Where you suffered an industrial disease or work-related illness.
- You weren’t allowed adequate rest breaks.
- Another employee was hired, without the required background checks, which caused something to go wrong.
If any of the above is the reason for your workplace accident, you could sue your employer for negligence if the accident caused you an injury. Please contact a specialist advisor to discuss what happened.
High Risk Workplaces
Let’s consider other workplace options as you wonder, “could I sue an employer for negligence?” There are many types of accidents at work that can happen, and they can happen in many different types of workplace. Some workplaces are at risk of injuries than others, though, and they include:
- Factories: You could be injured by dangerous machinery or forklift trucks.
- The armed forces: There are many risks of working in the armed forces, even when not on a combat mission.
- Agriculture: Accidents involving large farming machinery, slurry pits and livestock can prove risky.
- Emergency service workers: Assaults are relatively common nowadays and could lead to needlestick injuries. Also, lifting injuries can occur commonly too.
- Building sites: Falling objects are big risks in the construction industry, so hard hats are to be worn at all times. Accidents involving scaffolding are a big risk too.
Suing An Employer For Negligence – Fatal Injury Claims
When it comes to the industries that have the most fatal injuries, we should point you towards the HSE statistics. In 2021, 142 people suffered fatalities at work. The most common industry for fatalities was the construction industry, followed by agriculture forestry and fishing. You can see the spread below.
If someone you love has suffered a fatal injury in a workplace accident you may be wondering ‘can I sue an employer for negligence leading to someone’s death?’. The answer is if you could prove that the accident occurred because of the employer’s negligence, you could make a claim. You could claim as a relative of the deceased person, or as their estate. The compensation you could receive could include bereavement awards, funeral expenses, and in some cases loss of financial support.
Just because you work in a high-risk industry, though, doesn’t mean your employer has been negligent if you’re injured. Take a look at the previous section and apply the criteria to your injury to see if you could begin a claim. If you think you have a case, why not check with one of our advisors today?
What Is An Employer’s Duty Of Care?
We’ve mentioned an employer’s ‘duty of care’ previously in this guide, but what is that? It means that they need to ensure employees are kept from harm while at work. That means that they need to take reasonable steps to reduce risks while you’re at work.
There’s probably no completely risk-free work environment, but employers must do what they can to minimise risk. They can do this by:
- Makes sure that employees have their role defined clearly.
- To ensure the workplace is safe for all employees.
- Undertake regular workplace risk assessments.
- Make rest areas available to staff.
- Ensure staff don’t work excessively long hours.
- Provide staff with adequate training on any task they’re required to perform.
- Take steps to protect staff from bullying, harassment and discrimination from management, colleagues and contractors.
- To allow staff to communicate management concerns. This could be via supervisors, a notice board or electronic communication methods.
- They should consult with staff regularly about any concerns they might have.
If you feel your employer has failed in their duty of care towards you, which caused an accident to happen in which you were injured, then you could seek compensation for the injuries sustained.
If you’re wondering if you can sue an employer for emotional distress or for creating a hostile working environment, then the answer might be yes, as they would’ve breached at least one item in the list above. Therefore, please get in touch to discuss any injury, whether mental or physical, with one of our team.
When Could An Employer Be Considered To Be Negligent?
In general terms, an employer could be deemed negligent if they’ve failed to provide you with a safe working environment.
That could mean that they’ve failed you to train you properly in the work they’ve expected of you. If this meant you suffered an injury, then the employer could’ve been negligent.
Another example of negligence could be if your employer allowed, or expected, you to work a long shift without any comfort or rest breaks. If you then went on to make a mistake, causing an accident to happen due to tiredness, you could be able to prove that although you caused the accident, your employer was, in fact, negligent in allowing you to work too long.
Finally, if you’ve suffered an industrial illness after being exposed to loud noise or heavy vibrating equipment for a long period of time (usually many years), your employer might be found to have been negligent because they allowed the problem to carry on over a long period of time without addressing the risks.
There are many other scenarios where an employer could be considered to be negligent and have caused your injury. To discuss whether you could make a claim or not, please ask one of our advisors for free legal advice about your claim.
Breaches In Health And Safety Executive Regulations
If the Health and Safety Executive (HSE) inspect a workplace, they might find a breach in several different regulations. These include:
- The Health and Safety at Work Act 1974.
- Factories Act 1961.
- Health and Safety (Offences) Act 2008.
- Offices, Shops and Railways Premises Act 1963.
- Explosives Act 1875.
- Agriculture (Safety, Health and Welfare Provisions) Act 1956.
If they identify a breach of health and safety regulations, it doesn’t mean you’ll automatically be entitled to compensation. You’ll still need to demonstrate how the breach caused you to suffer an injury.
How Do I Sue An Employer For Negligence Leading To An Injuries?
If you decide to sue your employer for negligence, then the evidence is required to support your claim. It can come in various forms. Following an accident at work, caused by employer negligence, as you ask, “could I sue an employer for negligence?” you should:
- Visit a doctor or accident and emergency department as soon as possible. This will allow your injuries to be assessed and treated. It will also mean there are medical records to show the severity of your injuries.
- Photograph the scene of the accident. Capture as much detail as possible, especially the root cause of the accident.
- Report the accident as soon as possible. Tell a supervisor or a manager what happened and ensure it’s recorded in an accident report book. You can ask for a copy of the report to ensure it shows what happened, the date and the injuries you sustained.
- Photograph any visible injuries you sustained.
- Ask witnesses for a statement and make sure you have their contact details.
- See if there was any CCTV footage that showed the accident happening.
- Make a note of any expenses you incur because of your injuries, such as prescription costs, travel costs and car parking.
How To Find Legal Assistance
When it comes to finding legal assistance to help you make a claim or to ask questions about suing your employer for negligence, you will find there are lots of different law firms and solicitors out there. You could ask your friends for advice or you could read reviews on solicitors’ websites to see if they could offer you a good level of service. It is important to recognise that you would not have to use a local solicitor when suing your employer for negligence. You could use a solicitor based anywhere in the UK.
When speaking to a solicitor about your claim as well as asking ‘how do I go about suing my employer for negligence’, you should also ask them about their track record, and whether they offer a no win no fee service. You could ask them to show you reviews of past cases, and ask them about whether they’ve handled claims similar to yours too.
Please speak with our team today to find out how we can help. We’ll answer any questions you might have and provide free legal advice about your claim.
What Could I Claim If Injured Due To Negligence?
When negligence cases are made, a personal injury lawyer can use several different parts of a claim to seek the right level of compensation. Depending on how your injuries have affected you, your solicitor could claim for:
- General Damages: Compensation is paid under this category to cover the pain, loss of amenity and suffering caused by your injuries.
- Cost of Medication: If you need to pay for over the counter treatments or prescription medication, the costs can soon build up. Therefore, you could include the costs in your claim.
- Professional Care: Some people, while recovering from their injuries, require care from a professional. This can prove quite costly and could be claimed back in some cases.
- Travelling Expenses: While you’re recovering, you might have to get around in different ways than usual. In this case, you might be able to claim the cost of alternative travel arrangements back as part of your claim. You could also seek the cost of travelling to and from doctor’s appointments and car parking charges too.
- Loss of Income: If you are required to take time off from work for medical treatment or while you recover, you might be able to claim any loss of earnings back as part of your claim. If your injuries are longer-term and affect your ability to work in any way, you could seek future lost income too. The amount you could receive will be linked to your age, position and job prospects.
- Personal Property: If any personal property is damaged during your accident, you could claim the cost of replacing or repairing the item too.
Most of the financial costs listed above are known as special damages. They are paid to ensure that you haven’t lost out financially because of your accident. It’s a good idea to keep a log of all expenses you incur and receipts to prove the expenditure.
Suing An Employer For Negligence Compensation Calculator
If you’re wondering how much compensation you’ll get if you sue your employer for negligence, then the personal injury claims calculator below should help.
|Workplace Injury||How Severe||Compensation||Further Notes|
|Hand injury||Minor to serious||£27,220 to £58,100||This range includes injuries caused by negligence ranging from simple soft tissue damage and on to long term loss of use of the hand.|
|Wrist injury||Minor to severe||£44,690 to £56,180||This range includes injuries caused by negligence ranging from tissue damage injuries and up to complete and permanent loss of function.|
|Arm injury||Moderate to severe||£90,250 to £122,860||This range includes injuries caused by negligence ranging from injuries that will heal but are painful until they do and on to permenant damage to the arm (causing paralysis).|
|Back injury||Minor to severe||£85,470 to £151,070||This range includes injuries caused by negligence ranging from brusing ,strains and sprains and up to inuries which restrict movement and cause pain until healed (long term).|
|Neck injury||Minor to severe||In the region of £139,210||This range includes injuries caused by negligence ranging from soft tissue damage through to injuries which cause and loss of movement and permanent pain.|
|Leg injury||Minor to severe||£90,320 to £127,530||This range includes injuries caused by negligence ranging from soft tissue injuries and on to one which leaves a permenant disability.|
|Toe injury||Moderate to severe||£12,900 to £29,770||This range includes injuries caused by negligence ranging from basic tissue damage through to injuries resulting in the amputation of all toes.|
|Foot injury||Minor to very severe||£29,380 to £46,980||This range includes injuries caused by negligence ranging from tissue damage injuries through to and injury which causes the loss of the entire foot.|
It’s worth considering that this table only represents the amount paid for general damages (see the previous section for details on this). To find out how much compensation you could be due, you’ll need to have your case assessed by one of our advisors.
Every case is different, as the effect of an injury affects each claimant differently. The table demonstrates that payments are made based on the severity of an injury. Therefore, a solicitor needs to provide evidence to demonstrate exactly what injury was sustained, the impact it caused and whether there will be any long-term damage. Doing so could help ensure you receive the correct amount of compensation. All of this is worth knowing when you first think, “could I sue an employer for negligence?”
No Win No Fee Claims Against Employers For Negligence
People don’t sue an employer for negligence because they’re concerned about the cost of hiring a solicitor. This is completely understandable, and it’s why our panel of solicitors work on a No Win No Fee basis for each claim they handle.
The fact that you never have to send any money to a No Win No Fee solicitor means the financial risk involved with a claim is greatly reduced.
When you start a claim, you’ll be provided with a conditional fee agreement (or CFA) which is easy to understand and will explain that the solicitor won’t get paid if they lose the case. Still, if they’re successful, their success fee will be deducted from your compensation.
The fee, by law, is limited to 25% of your compensation and is used to pay the solicitor for their work but only if you receive compensation. It’s therefore in the solicitors best interest to represent you as well as they can because, if they don’t win, they don’t get paid.
How Accident Claims UK Could Help You
Here at Accident Claims UK, our team of friendly specialist claims advisors are happy to help with all types of personal injury claims. They won’t put you under any pressure but will offer free legal advice about your options. We provide a free initial assessment of your claim. If your chances of successfully claiming compensation are good, we could connect you to one of our panel of personal injury solicitors.
They’ll work with you to try and make sure you receive the right amount of compensation you could be entitled to. They have up to 30 years of experience in making claims, including claims for employer negligence in the UK. With their extensive knowledge of legislation to support a claim, they could make all the difference between winning or losing your claim.
Contact An Accident Claims Specialist
If you’re ready to begin your personal injury claim to sue your employer for negligence, then you can contact us in several ways. These include:
- Calling our free accident claim line on 0800 073 8801. Our advisors are available 7 days a week and 24 hours per day.
- Using our live chat feature. It’s available from any page of this website.
- Filling in our online claim form. When you do, we’ll call you back at a convenient time.
- Or you could email us at firstname.lastname@example.org.
Whichever method you use to get in touch, we offer to assess your claim for free. We’ll take a look at what happened, what evidence you have to prove your claim and how your injuries affected you. If we believe you have a strong case, we could introduce you to a No Win No Fee personal injury lawyer.
Thanks for taking the time to read this guide which explains when you could sue your employer for negligence. Hopefully, you now have all of the information to decide whether you’ll begin a claim. To help you further, we’ve listed some more useful resources and guides below.
Civil Law Guide – Information from the Health and Safety Executive covering civil law or criminal law applies.
The Health and Safety at Work Act 1974 – The primary legislation designed to ensure staff’s well-being while at work.
Employer Liability (Compulsory Insurance) Act 1969 – Legislation ensures employers can pay compensation for injury claims because they have adequate insurance.
Accident at Work Claims – Another guide looking at accidents at work and when you could sue your employer for negligence.
PPE Personal Protective Equipment Accident Claim – A look at how to sue your employer for negligence due to a lack of protective equipment.
Stress at Work Claims – If you’re considering suing your employer for stress in the workplace, this guide should prove useful.
Other Useful Compensation Guides
- Factory Accident Claims
- How Much Could I Receive For A Pelvis Injury At Work?
- A Guide To Office Accident Claims
- Who Pays My Claim For A Work-Related Injury?
- Work Accident Claims – Accident Claims
- Can I Claim For A Broken Elbow At Work?
- Can I Claim If My Employer Has Ceased Trading?
- Is An Employee Eligible To Claim If They Did Not Report An Injury?
- What Manual Handling Weight Limits Apply to Workplaces?
- How To Claim For A Fractured Toe At Work
- Can I Claim For A Fractured Collarbone At Work?
- How To Claim For A Crushed Foot At Work
- Assault at Work Compensation Claims
Suing an employer for negligence FAQs
How do I sue my employer for negligence?
To make a claim against an employer for a workplace accident, you will be required to supply evidence. Thankfully, there are various forms of evidence you can provide to support your case, such as:
- Financial documentation – such as receipts, payslips and credit scores.
- Medical evidence – such as a medical report.
- Witness statement – collect the information of any witnesses to the accident.
- Photographic evidence – take photos of any causes.
What is the most common cause of accidents in the workplace leading to people suing an employer for negligence?
Here are some of the most common workplace accidents that occur:
- Slips, trips and falls.
- Hit by moving objects.
- Accidents caused by heavy lifting, handling or carrying.
- Vehicle accidents.
- Fires and explosions.
- Repetitive strain.
Must I begin my claim in a certain timeframe?
To make a successful claim, you must begin your case within 3-years from the date of the accident. However, should you fail to begin your case within this timeframe, then the validity of your could be affected.
It is worth keeping in mind that there are exceptions to the limitation period, such as cases involving children under 18 and those who lack the mental capacity to handle their own claim. Please contact our team to learn more.
What is considered negligence by an employer?
This is where the employer and/or their organisation doesn’t provide sufficient consideration, resulting in you suffering injuries.
How do you prove negligence against your employer when suing your employer for negligence?
This is about showing that the employer owed a duty of care which they breached, causing your workplace injuries to happen. So, if you can prove this, then you could take legal action.
What are some examples of negligence?
These include not signposting spillages, not providing personal protective equipment (PPE) for those handling corrosive substances, or not fixing broken staircases.
Is negligence easy to prove?
This depends on the evidence and the extent to which the victim endures pain and suffering.
What are the main elements of negligence?
These are a duty, a breach of this duty, the cause, the potential cause and subsequent harm/injury.
Once again, thank you for taking the time to read our guide. If you are still unsure as you ask, “could I sue my employer for negligence” please contact our team. We could give you advice on suing your employer for negligence and provide you with a solicitor that could help you when suing an employer for negligence.