Probation Period Workplace Accident Claims

Who Can Make Probation Period Workplace Accident Claims?

Probation period workplace accident claims can be made by employees who were injured because their employer failed to take reasonable steps to keep them safe while they were working. If your injuries resulted from avoidable failures in workplace safety during your probationary period, you could have grounds to seek compensation. Your entitlement to seek compensation is the same as any other employee’s, regardless of whether you are still completing your probationary period.

Workplace accidents involving new starters often require close attention to how the employee was introduced to the role. Our solicitors will discuss what work you had been asked to carry out and whether you were given enough support to complete it safely. We will then explain how responsibility is assessed and investigate whether your employer took appropriate precautions.

As part of our assessment, we will consider:

• Whether the work matched your experience. We will look at whether you were asked to carry out unfamiliar duties or use equipment before you had been shown how to do so safely.
• Whether you were properly prepared for the role. We will consider the induction you received and whether your training covered the risks connected with the work that led to your injury.
• Whether appropriate supervision was provided. This can be especially important where you were still learning the role.
• What the available records show. Induction documents or accident book entries may help establish whether required safety steps were followed.
• How the injury has affected your employment. We will consider whether the accident disrupted your probationary period, caused you to miss work or led to financial losses during your recovery.

Can I Be Sacked For Making A Workplace Accident Claim During My Probation Period?

No, you should not be sacked for making a workplace accident claim during your probation period simply because you decided to seek compensation for your injuries. Although employers generally have greater flexibility when ending employment during a probationary period, dismissing someone solely because they have pursued a legitimate compensation claim could give rise to separate employment law issues, depending on the circumstances.

If your employment ends after the accident, you can still pursue a workplace accident claim if the legal requirements are met. The end of your employment does not automatically prevent you from seeking compensation for the injuries and financial losses you suffered.

Will Making A Claim Affect My Future Employment?

No, making a workplace accident claim should not affect your future employment. Personal injury claims are handled privately between the parties involved and are not recorded on a public register that prospective employers can routinely access.

Contact us today and we’ll explain your position clearly, answer your questions you may have about probation period workplace accident claims, and help you decide on the most appropriate next steps.

Will Being On Probation Affect My Right To Compensation?

No, being on probation does not affect your right to compensation if you were injured because your employer failed to take reasonable steps to protect your safety. Your employer owes the same health and safety duties to you from your first day of employment as they do to colleagues who have successfully completed their probationary period.

Our solicitors will investigate the circumstances of your accident to understand whether your probationary status influenced how the work was managed. We’ll look at the support you received as a new employee and whether your employer took reasonable steps to prepare you for the role before the accident happened.

If concerns arise about your induction, the level of supervision or the way work was allocated, we’ll examine the available evidence and explain how those findings could affect your claim.

What Legal Duties Do Employers Owe New Employees?

Employers owe new employees a legal duty to provide a reasonably safe working environment and take appropriate steps to prevent avoidable workplace accidents, even if the employee is still in their probationary period. These responsibilities apply from the start of employment and include managing foreseeable workplace risks so employees can carry out their duties safely.

Where someone is unfamiliar with the workplace or the work they have been asked to carry out, employers should take reasonable steps before exposing them to unnecessary risks. For example, through ensuring that they are adequately trained, even if they had a similar position at a different company.

When investigating liability, our solicitors examine whether the employer met the standard reasonably expected in the circumstances. We’ll consider the precautions that should have been in place before the accident happened and assess whether any failure contributed to your injuries. This helps establish whether your employer may be legally responsible for the harm you suffered.

If you’re unsure whether your employer met their legal responsibilities after you were injured early in your employment, our solicitors can review the circumstances of your accident and explain whether the available evidence supports a compensation claim.

Examples Of Workplace Accidents During A Probation Period

Workplace accidents can happen at any stage of employment, but new employees may be at greater risk if they are expected to carry out tasks before they have been properly prepared for the role. The examples below illustrate situations where an employer’s failure to take reasonable steps to protect a probationary employee could lead to a compensation claim.

• Asked to operate machinery without being given the training needed to use it safely. Your hand becomes trapped in the machine, causing a crush injury that leaves you with permanent loss of grip and reduced movement.
• Sent to retrieve supplies from an unfamiliar storeroom during your first few days at work. Without knowing about a spill that had not been cleaned up or clearly marked, you slip, fracturing your wrist and suffering a head injury in the fall.
• Asked to move heavy stock on your own before receiving practical manual handling training. Despite explaining that the load was too heavy, you are told to continue and suffer a serious back injury that requires ongoing treatment and affects your ability to carry out your normal duties.

Every workplace accident is different. If your accident happened while you were still learning the role, our solicitors can assess whether failures in workplace safety contributed to your injuries.

What Injuries Could Be Sustained Whilst On Probation?

Whilst on probation, employees can sustain a wide range of injuries after a workplace accident, from fractured bones to serious back injuries. The type of injury depends on how the accident happened rather than how long you have been employed.

Common injuries include:

• Hand and finger injuries, often caused by using unfamiliar machinery or equipment without appropriate safeguards.
• Back injuries, which can occur after being asked to carry out manual handling tasks without suitable support or instruction.
• Fractures, particularly to the wrists, ankles or arms, following slips, trips or falls in unfamiliar working areas.
• Head injuries, which may result from falling objects, falls from height or striking fixed workplace equipment.
• Psychological injuries, including anxiety or post-traumatic stress disorder (PTSD), where a serious workplace accident has had a lasting impact on your confidence and wellbeing.

If your injuries occurred shortly after starting a new job, our solicitors can explain whether you could have grounds to claim.

What Compensation Could You Get Following A Workplace Accident?

Compensation following a workplace accident during your probationary period is assessed by looking at how the injury has affected you physically, financially and in your everyday life. The value of your claim depends on your injuries and the losses caused by the accident.

Your compensation may be calculated by considering:

• The injury you sustained and how it has affected your working life. General damages compensate for the pain, suffering and loss of amenity caused by your injury.
• The impact on your new employment. Special damages can cover financial losses caused by the accident. Our solicitors will consider whether your injury affected your probationary period, caused you to lose income or resulted in costs connected to your recovery.
• Evidence supporting your claim. Medical and financial evidence helps our solicitors value your compensation accurately.
• The longer-term effect of your injury. Where an accident affects your ability to remain in your role or return to similar work, this may be considered when assessing the potential value of your claim.

For the injury element of compensation, solicitors often refer to the Judicial College Guidelines (JCG). The JCG provides guideline compensation brackets for different types of injury and helps assess general damages alongside medical evidence. The figures below are taken from the JCG and are intended as guidance only. Please also note that the top entry has not come from the JCG.

What Financial Losses Could Form Part Of A Workplace Accident Claim?

The financial losses that could form part of a workplace accident claim are known as special damages and may include lost earnings, the cost of your recovery and other reasonable expenses caused by your injuries. Our solicitors assess how the workplace accident affected your finances and calculate each loss using supporting evidence.

As part of your claim, our solicitors will carefully assess:

• Income lost because of your injuries. If the accident prevented you from working during your probationary period, we’ll review your employment records to calculate the earnings you missed. We’ll also consider the terms of your employment when assessing your losses.
• Recovery-related expenses. Injuries sustained early in a new job can result in treatment costs that were not anticipated when you started work. We’ll identify those expenses and gather the supporting evidence needed to recover them where appropriate.
• Additional expenses caused by the accident. Recovery can create extra day-to-day costs, such as travelling to medical appointments or arranging help at home. We’ll identify which expenses are directly linked to your injuries.
• The longer-term financial impact. If your injuries affect your ability to remain in your job or return to work in the future, we’ll assess those ongoing losses using the available medical and employment evidence.

Every financial loss should be supported by evidence, but our solicitors will explain what information is needed and calculate your losses accordingly.

If you’re worried about the financial impact of a workplace accident during your probationary period, contact our solicitors for free advice. We’ll assess your circumstances, explain which losses could be recoverable and help you understand the next steps of the probation period workplace accident claims process.

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How To Bring A Claim For An Accident Whilst On Probation

Bringing a claim after an accident during your probationary period follows the same process as any other workplace accident claim. In most cases, you have 3 years from the date of the accident to begin your claim under the Limitation Act 1980, although exceptions can apply. You can find out more in our guide to personal injury claim time limits.

The claims process typically involves the following steps:

1. Contact our solicitors for free guidance. We’ll listen to what happened, answer your questions and explain whether your circumstances could support a workplace accident claim.
2. Your claim is assessed. A solicitor will consider how the accident happened, the work you were carrying out and whether your employer may have failed to protect your safety.
3. Liability investigations begin. We’ll investigate whether your employer may be legally responsible.
4. Medical evidence is obtained. An independent medical assessment can help confirm the injuries you sustained and the treatment or rehabilitation you may require.
5. The impact of your injuries is assessed. We’ll consider how your injuries have affected your daily life and your ability to work, and whether they are likely to have lasting consequences.
6. Your compensation is valued. This includes assessing your injuries alongside any financial losses or future expenses linked to the accident.
7. Negotiations take place. We’ll negotiate with the employer or their insurer in an effort to reach a fair compensation settlement.
8. Compensation is awarded if your claim succeeds. Once a settlement has been agreed or ordered, you’ll receive your compensation.

If you’re ready to understand what happens after reporting an accident at work, our solicitors can explain each stage clearly and begin assessing your claim from your very first conversation.

What Evidence Could Help Support Probation Period Workplace Accident Claims?

The evidence that could help support probation period workplace accident claims is the information that explains how the accident happened, whether your employer met their health and safety responsibilities and the effect your injuries have had on your life. Every claim is investigated on its own facts, so our solicitors focus on the evidence that is most relevant to the circumstances surrounding your accident.

As part of building your claim, our solicitors will:

• Understand how you were introduced to the role. We’ll investigate whether you were given the support needed to work safely, looking at how your duties were explained and whether the work you were asked to carry out was appropriate for someone still in their probationary period.
• Examine the employer’s approach to safety. We’ll review the available information to establish whether appropriate precautions were in place before the accident and whether any shortcomings contributed to your injuries.
• Assess the medical evidence. We’ll obtain the records needed to understand your injuries, your recovery and any ongoing symptoms. Where appropriate, we’ll arrange an independent medical assessment so your claim reflects the long-term effects of your injuries.
• Measure the wider impact of the accident. We’ll gather the information needed to understand how the injury affected your probationary employment, your finances and your day-to-day life so every part of your claim is properly valued.

You don’t need to know what evidence exists before seeking legal advice. If you were injured while still settling into a new job, contact our solicitors for free advice. We’ll identify the evidence that matters to your claim and explain why it’s important.

Probation Period Injury Compensation With Accident Claims

Probation period injury compensation with Accident Claims means working with a team that understands the additional challenges new employees can face after a workplace accident. From your first conversation with us, we’ll focus on building a claim that reflects both your injuries and the wider impact the accident has had on your employment and finances.

How Our Solicitors Can Help Following A Workplace Accident

Our solicitors tailor every workplace accident claim to the individual circumstances of the person making it. Throughout your claim, our solicitors will:

• Understand the circumstances of your accident. We’ll discuss the work you were carrying out, whether you were still settling into the role and how the accident has affected your recovery.
• Investigate how the accident occurred. We’ll identify the evidence that best explains what happened and assess whether your employer met the standard expected for someone working during a probationary period.
• Arrange the medical evidence needed to value your claim. Where appropriate, we’ll organise an independent medical assessment so your injuries, recovery and any future effects are fully understood before compensation is assessed.
• Calculate compensation that reflects your circumstances. Our team will assess both your injuries and the financial impact of the accident, ensuring losses linked to your probationary employment are properly considered when valuing your claim.
• Manage the legal process on your behalf. We’ll deal with the responsible party or their insurer, negotiate your claim, keep you updated throughout and explain each stage clearly so you always understand what happens next.

From your first conversation, we’ll work to build a well-supported claim while you focus on your recovery.

Funding Your Claim With A No Win No Fee Agreement

If your workplace accident claim is suitable, you could work with our solicitors under a No Win No Fee agreement, known as a Conditional Fee Agreement (CFA). This allows you to pursue compensation without paying service fees upfront or while your claim is ongoing.

From the outset, our solicitors will explain how the agreement works, answer any questions you have and confirm whether a No Win No Fee agreement is available for your claim.

If your claim is unsuccessful, you won’t pay service fees to your solicitor. If your claim succeeds, a success fee is deducted from your compensation. This fee is a legally capped percentage, meaning you’ll always keep the majority of the compensation awarded.

Contact Accident Claims

If you’re ready to discuss probation period workplace accident claims, contact Accident Claims today. We’ll review your circumstances, explain how your claim could be investigated and support you throughout the process, allowing you to focus on your recovery.

• Call us on 0800 073 8801
• Contact us online
• Use our live chat

Frequently Asked Questions

Below, we answer some frequently asked questions regarding probation period workplace accident claims.

Can I Claim If I’ve Only Worked There For One Day?

Yes, you can claim if you’ve only worked there for one day, provided your injury happened because your employer failed to take reasonable steps to protect your safety. An employer’s health and safety responsibilities apply from the moment your employment begins.

Does My Probation Period Stop Me Claiming?

No, your probation period does not stop you from claiming compensation if you were injured because reasonable steps were not taken to keep you safe at work.

Can I Claim If I Don’t Have A Written Contract?

Yes, you can claim if you don’t have a written contract, provided you meet the legal requirements for a workplace accident claim. The absence of a written employment contract does not remove your employer’s duty to protect your health and safety.

Can I Claim If I Haven’t Completed My Training?

Yes, you can claim if you haven’t completed your training and your injury resulted from your employer failing to take reasonable steps to keep you safe. In fact, incomplete training may be relevant when investigating whether appropriate precautions were taken before you carried out the work.

What Happens If I Was Partly Responsible?

If you were partly responsible for your workplace accident, you may still be able to claim compensation, although the amount awarded could be reduced to reflect your share of responsibility.

Learn More

Read more of our guides:

• Guidance on trampoline injury claims.
• See when claims for faulty products can be made.
• Advice on making a claim for tinnitus after an accident.

Resources:

• Report a health and safety issue to the Health and Safety Executive.
• Learn when you should call 999 via the NHS.
• See if you may be eligible for statutory sick pay via Gov.UK.

Thank you for reading our guide on probation period workplace accident claims.