The risks of inadequate staffing are significant in certain workplaces because an overworked or under-supported employee may be exposed to hazardous situations. If you have suffered injuries caused by understaffing at work, this guide notes if you can claim personal injury compensation.
We first note how compensation can reflect the physical, mental and financial impact of an injury at work.
As the guide continues, you will see examples of workplace injuries made possible by a lack of staff. Evidence is a cornerstone of a claim, and we discuss forms of evidence you can utilise.
Afterwards, you can learn about the positives of having one of our No Win No Fee solicitors working on your case.
Our advisors can share useful information further than what you can find in this guide and can assess your possible claim, all for free. All you need to do to reach us is either:
Select A Section
- How Much Could You Claim For Injuries Caused By Understaffing At Work?
- When Could You Claim For Accidents Caused By Understaffing?
- What Injuries Could Be Caused By Understaffing At Work?
- How To Prove Inadequate Staffing Caused An Accident
- Claim For Injuries Caused By Understaffing At Work With A No Win No Fee Solicitor
- Useful Workplace Accident Claim Guides
You will receive a payout if the personal injury claim against your employer ends in success. A settlement would feature compensation for injuries, whether they are physical or mental. This is known as the general damages head of a claim.
Legal professionals will assess the injuries sustained and use different resources to give them value. Among the documents they could refer to is the Judicial College Guidelines (JCG), a set of compensation brackets based on settlements from cases won in court.
This table shows figures taken from the JCG. It is only a guide because a payout will depend entirely on the facts of each case. Please note that the first entry is not from the JCG.
|Multiple severe Injuries plus expenses and losses.
|Up to £1,000,000+
|A compensation payout for very serious life changing injuries and financial costs such as lost employment and care costs.
|£219,070 to £284,260
|Factors such as the presence and extent of pain affect the level of award.
|£150,110 to £219,070
|The injured person has no prospect of employment. They experience a moderate to severe intellectual deficit.
|£90,720 to £150,110
|Ability to work is at least greatly reduced. There is a moderate to modest drop in intellect.
|£91,090 to £160,980
|Cases of most severe back injuries, featuring spinal cord and nerve root damage.
|Severe Leg Injuries
|The Most Serious Injuries Short of Amputation
|£96,250 to £135,920
|Injuries that, despite not featuring amputation, are so serious that damages are awarded at a similar level in court.
|£83,960 to £109,650
|Injuries causing permanent, severe pain or very serious and permanent disability.
|£69,730 to £96,210
|A serious knee injury featuring joint disruption, osteoarthritis development and other factors leading to lengthy treatment.
|Other Arm Injuries
|Injuries Resulting in Permanent and Substantial Disablement
|£39,170 to £59,860
|Serious fractures to at least one forearm with a significant, permanent residual disability, be it functional or cosmetic.
|£19,070 to £54,830
|There are significant problems handling relationships, education, work and life in general.
|£19,200 to £48,030
|Often linked to neck injuries and featuring brachial plexus damage, leading to significant disability.
What Are Special Damages?
There could be a second head of claim involved in a settlement, with special damages compensating for the financial impact of an injury. This looks to address any money lost or not gained as a direct result of the injuries, including the likes of:
- Medical costs.
- Prescription fees.
- Travel expenses.
- Home adaptation or mobility aid charges.
- A loss of earnings if you cannot work while injured.
Get in touch to discuss your experience after an injury brought on by an understaffed work environment, and an advisor can explain more about what you could involve in your claim.
There is a constant need for employers to adhere to Section 2 of the Health and Safety at Work etc. Act 1974. The section notes that employers must take all reasonable and practicable steps that keep employees safe at work. Examples of these steps include providing the right training, tools or PPE. It may also involve ensuring the staffing numbers are correct for the task at hand. This responsibility is known as the employer’s duty of care.
A personal injury claim against an employer could emerge if the following conditions are met:
- The employer owed a duty of care.
- They breached their duty.
- It led to an accident which caused you physical and/or psychological harm.
However, certain situations may call for a change to the limitation. You can find out more by calling, and an advisor can help you determine the time limit for your claim if you share details with us.
Failure to employ the right number of people could create an environment with a heightened chance of work-related injuries. Alternatively, an absence of workers could mean that staff filling in for them are at risk of a work-related injury if they do not have the training needed to do the job safely. These examples illustrate how injuries could occur:
- A lack of staff on a building site leaves an employee needing to fill in. They are new and so far as yet have not received any manual handling training. They carry a large load up a ladder when a lift should have transported it. They fall, suffering a head injury and severe arm damage.
- Because there are no regular forklift truck operators, an employee without sufficient training is asked to take on the role. They lose control and crash, suffering crush injuries to their back and legs.
- A delivery of large items has just arrived at a warehouse. However, there is not enough staff to help with the delivery, so instead of carrying things in twos, the employer asks them to carry heavy items alone. The employees suffer serious musculoskeletal injuries.
If you have suffered mental or physical pain through injuries caused by understaffing at work, give us a call on the number at the top of the page. You may have cause to seek compensation, something an advisor could confirm for you.
Your employer may not agree that a lack of staff led to your accident, so you should put forward as much evidence as possible to aid your chances of success. You could present, for example:
- A copy of the entry in your workplace accident book that details the incident.
- Photographs of the scene and any visible injuries.
- Video footage. This could be from CCTV or a personal device.
- Contact information from potential witnesses.
- Medical records. You could request a copy from your healthcare provider.
Speak with an advisor if you want to know more about the process of collecting evidence. They can explain how our solicitors can lend a hand in putting together proof for a workplace accident claim.
If you can make a personal injury claim for injuries caused by understaffing at work, you could do it with the expert backing of one of our solicitors. They could guide you through the process and make the claim run smoothly, all under No Win No Fee terms.
A solicitor could offer you a Conditional Fee Agreement, which means no charge for their work:
- Prior to the case.
- As it goes on.
- Or at all, should the claim fail.
The solicitor only takes a payment, known as a success fee, for delivering a winning outcome. They would claim a small percentage of the compensation you get. Because a clear cap is applied by The Conditional Fee Agreements Order 2013, you can be sure that the majority of the payout is set aside for you.
If you are unsure whether you could seek compensation for the injuries you have sustained, talk to an advisor over the phone today. By doing so, you can benefit from getting all the relevant information you need, plus a free assessment to determine how likely it is that you have a valid claim. You could be connected to one of our solicitors, who could confirm if there’s a case.
When you chat with an advisor, there is no obligation to take things further. So, to make the most of our free support, contact us through any of the below options:
- Calling 0800 073 8801.
- Going to our website to contact us.
- Using the live chat feature on this page.
If you want to know more about accident at work claims, why not try these guides:
- What are my legal rights after an accident at work if I am a temporary worker? This article discusses this in detail.
- If you have had a slip, trip or fall at work, this guide explains when you can claim.
- You may be able to seek compensation if you have tripped over a wire – and this article explains how.
These resources may also be helpful:
- Health and Safety Executive – Statistics related to workplace injuries.
- NHS – First aid guidance.
- GOV.UK – Seeking Statutory Sick Pay when you cannot work.
Thank you for reading our guide looking at compensation claims for injuries caused by understaffing at work. Please call if you need any help or answers.