If you have been injured in a workplace accident, this guide discusses how legal professionals may calculate accident at work claims and also the different forms of compensation you could be awarded if your claim is a success.
However, in order to be able to claim compensation and have a valid accident at work claim, you must be able to prove that your employer is responsible for the accident and your subsequent injuries. Therefore, this guide will also discuss the duty of care your employer owes you while working, and how they could be held liable for your injuries if they breach this.
If you do have a valid personal injury claim, you must also ensure you begin legal proceedings within the correct time limit. We will explain the limitation period that applies for all personal injury claims, including some exceptions.
At the end of this guide, we discuss how No Win No Fee agreements work and how they could benefit you if you are eligible for compensation. This is the basis which our specialist personal injury lawyers work under.
You can either continue reading this guide to find out more about work injury compensation. Or, alternatively, you can chat directly with an advisor for free. Our lines are open 24/7:
- Call 0800 073 8801.
- Enquire about starting a claim online.
- Message in our live support chat.
Jump To A Section
- How To Calculate Accident At Work Claims
- When Could The Amount I Could Claim Be Reduced?
- Who Could You Make A Claim Against?
- How Long Do You Have To Claim For An Accident At Work?
- No Win No Fee Accident At Work Claim
- Find Out More About How To Calculate Accident At Work Claims
How To Calculate Accident At Work Claims
If you have been injured in an accident at work, you may be wondering how much compensation you may be able to receive. A personal injury claim calculator may be able to help you gain a clearer idea. It works by asking you questions such as the type of accident you were involved in, what injuries you suffered and if you experienced any financial losses.
There are up to two heads of claim which can make up a personal injury compensation when an accident at work claim is successful.
The first head of claim, general damages, offers compensation for the physical and psychological effects of your injuries. Some factors that are taken into consideration will include:
- The pain severity.
- Whether you have suffered multiple injuries.
- How long the recovery period is.
- How quality of life has changed.
Those who calculate accident at work claims for general damages will firstly refer to any medical evidence they have been provided. Additionally, they may also refer to the Judicial College Guidelines (JCG). The JCG contains guideline compensation brackets for different physical and psychological injuries.
Compensation Table
This compensation table contains some physical injuries which could possibly be suffered after an accident at work. These figures have been taken from the JCG, except the top entry.
Please keep in mind though that no exact figure can be guaranteed for your potential accident at work claim since all personal injury cases are unique.
| Injury | Severity | Guideline payout values | Notes |
| Multiple serious injuries with special damages | Serious | Up to £1,000,000+ | A payout for sustaining more than one serious injury with its financial impacts, such as loss of earnings and medical bills. |
| Paralysis | Tetraplegia (a) | £396,140 to £493,000 | Those that experience physical pain and have had their senses significantly affected will be applicable for the higher end of this bracket. |
| Brain damage | Very severe (a) | £344,150 to £493,000 | This bracket will likely include cases of quadriplegic cerebral palsy with severe physical and cognitive disabilities. |
| Leg | Amputations (a) (i) | £293,850 to £344,150 | Loss of both legs above the knee. |
| Severe (iii) serious | £47,840 to £66,920 | Instability caused by ligament or joint damage, or serious compound or comminuted fractures. | |
| Neck | Severe (a) (i) | In the region of £181,020 | Usually associated with incomplete paraplegia. |
| Back | Severe (a) (ii) | £90,510 to £107,910 | Nerve root damage causing impaired mobility and associated loss of sensation. |
| Arm | Less severe (c) | £23,430 to £47,810 | The person will have suffered with significant disabilities but will have made a good recovery (or is expected to). |
| Foot | (f) Moderate | £16,770 to £30,500 | Continuing symptoms caused by displaced metatarsal fractures. |
Special Damages
The second head of claim, special damages, offers compensation for the financial effects of your injuries. Some financial losses which could be reimbursed under special damages include:
- Loss of earnings if you cannot work.
- Medical bills. For instance, prescription costs.
- Travel expenses to attend medical appointments.
Special damages are not always awarded. This is why it is important to keep any receipts, invoices, payslips, or bank statements which could be used as evidence, to help support your chances of claiming special damages.
Contact us to learn more about how our personal injury solicitors calculate work injury compensation claims and how much compensation could potentially be awarded.
When Could The Amount I Could Claim Be Reduced?
Your compensation settlement may be reduced if it is found that you were partially for the accident that caused your injuries.
For example, if your employer provided you with a hardhat, but you refused to wear this and you suffered a head injury due to some objects falling off improperly built scaffolding, you could be considered partially responsible for you injuries since you did not wear the personal protective equipment (PPE) provided to you.
How much compensation you would receive would depend on how liable you were deemed. For example, if you and your employer were both deemed 50% liable for the accident, you would receive 50% of the total compensation amount.
If you have any questions regarding how legal professionals calculate accident at work claims where the claimant is partially reliable for their injuries, you can contact our advisors.
Who Could You Make A Claim Against?
You could make an accident at work claim against your employer if they are (at least partly) liable for your workplace injuries.
All employers must adhere to their duty of care as set out in the Health and Safety at Work etc. Act 1974. To adhere to their duty of care, employers must take practicable and reasonable steps to ensure their employees’ safety whilst they are working.
Such steps include:
- Conducting regular risk assessments and maintenance checks on the workplace’s equipment.
- Providing their employees with the correct Personal Protective Equipment (PPE).
- Providing their employees with the correct training.
As such, if an employer fails to adhere to their legal duty of care, this is known as a breach of duty. Sometimes, a breach of duty can cause an employee to be injured. For example, being given no manual handling training could lead to and employee suffering a back injury due to lifting a load with poor technique.
If you have suffered a workplace injury, you must meet these criteria to have an eligible workplace accident claim:
- Show that an employer owed you a duty of care.
- Show that the employer breached their duty of care.
- Prove how you have been injured as a result of this.
For more information on whether you can possibly sue your employer and claim compensation, please chat to a member of our team.
How Long Do You Have To Claim For An Accident At Work?
Typically, you have 3 years to make a personal injury claim as set out under the Limitation Act 1980. This time limit runs from the date that your accident took place.
There are only a couple of exceptions to this time limit. In these cases, the time limit will be paused. These exceptions are if the claimant is:
- Under 18 years old. The 3-year time limit will resume from the claimants 18th birthday.
- Does not have the mental capacity to make a claim. The 3-year time limit will resume from the date of recovery if the claimant regains this required mental capacity.
When the time limit is paused, a litigation friend could be assigned by the courts to pursue the claim on the claimant’s behalf. This usually is someone who will act in the claimant’s best interest, such as a parent, legal guardian or solicitor.
If you have any questions regarding the accident at work claims time limit, you can contact our advisory team.
No Win No Fee Accident At Work Claim
If you contact our team today to discuss your case, they could inform you whether you may have a valid accident at work compensation claim. If they deem that you do, they may put you in contact with one of No Win No Fee solicitors. Our solicitors have helped calculate accident at work claims for various clients, ensuring that they receive the compensation they deserve.
They could help you with various aspects of your claim, such as gathering evidence such as CCTV footage and eyewitness statements to support your case.
Furthermore, one of our No Win No Fee solicitors could offer to represent your case under a Conditional Fee Agreement (CFA). The benefits of being represented under a CFA are that there are no legal fees for your solicitor’s work unless your claim is successful. This includes:
- Before the claims process has begun.
- During the claims process.
- If your case is unsuccessful.
If you have a successful claim, your solicitor can take a success fee from your compensation. Success fees are a percentage. Additionally, the maximum percentage that can be taken from your compensation is legally capped to ensure the majority of your compensation goes to you.
Discuss Your Case With A Claims Expert
Get in touch with us to discuss your case with our team of friendly advisors. You may be able to connect with a No Win No Fee personal injury solicitor, who has helped calculate accident at work claims for a number of years. Here us how you can discuss your case with us for free:
- Call 0800 073 8801.
- Enquire about starting a claim online.
- Message in our live support chat.
Find Out More About How To Calculate Accident At Work Claims
Browse a few of our similar guides:
- Information on what the accident at work procedure is, including what you could claim compensation for.
- How to claim compensation if a colleague injured you while at work rather than an employer.
- Find out how much you could potentially claim in compensation if you are unable to work due to a workplace injury.
Alternatively, these other sites might help you:
- Health and Safety Executive (HSE) – what employers should do to manage risks in the workplace.
- Gov.Uk – an overview on Statutory Sick Pay (SSP) and how to claim it.
- National Health Service (NHS) – how to use their online services, such as how to view your GP health record.
Hopefully, you have found out more about how to calculate accident at work claims. Don’t hesitate to get in touch with us if you have any questions that have been unanswered.