By Joanne Jeffries. Last Updated 13th October 2021. Welcome to our guide on your legal rights after an injury at work in the UK. Here, we answer questions such as “what are my legal rights after an accident at work if I have an accident that wasn’t my fault?”
If you’ve been injured in the workplace, you will want to find out whether or not you are able to make a claim for compensation. Often, accidents that occur in the workplace are due to the working conditions and/or the working practices that are in place. All employers have a legal responsibility to provide a safe and healthy working environment for employees. If your employer has not managed to do this, you will be able to launch a personal injury claim to get the compensation that you deserve. So if you find yourself wondering, “what are my legal rights after an accident at work?” then this guide on employment law and accident claims could help you.
At AccidentClaims.co.uk, we have helped many people to get the compensation that they deserve for all kinds of accident claims, including accidents in the workplace. We have the experience and the know-how to give you the best advice and ensure that you have the best solicitor working on your case based on what has happened to you. Naturally, one of the first things you need to do when starting a potential claim is discovered what your rights are. However, this is only one step that needs to be taken if you are to launch a successful accident claim. You will also need to seek medical attention, in addition to gathering as much evidence as possible to build a strong case. With that in mind, read on to discover all the facts you need to know regarding your own rights as a worker if you have been injured, including accident at work employers responsibilities and average payout amounts. If by the time you finish reading this guide, you’re still unsure as to your legal rights after an injury at work, please do not hesitate to get in touch with us. You can do this either by contacting us online or calling 0800 073 8801.
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- UK Workplace Accident And Injury Statistics
- What Are My Rights Following An Accident At Work?
- Your Rights Following A Workplace Accident
- Employees Rights
- Can I Claim Industrial Injuries Benefits?
- Agency Worker Rights
- Do You Get Paid If I Have Been Injured At Work?
- Will I Be Dismissed For Claiming?
- What Happens If I Am Fired After My Injury?
- Different Damages You Can Claim For
- How Much Compensation Am I Going To Get For My Accident Claim- Updated October 2021
- The Steps To Take After Your Workplace Accident
- Claiming Using The No Win No Fee Approach
- The Best Legal Firm For The Job
- Start Your Claim And Get Answers On “what are my legal rights afrer an accident at work”
- Useful Links Relating to ‘What are my legal rights after an accident at work?”
- Legal rights after an injury at work in the UK FAQs
There are a number of accidents that occur in the United Kingdom every day. A large portion of these accidents happen in workplaces. While some workplaces are naturally more dangerous than others, there is no denying that an incident can take place in any type of environment, be it an office or construction site. We are going to take a look at some of the accident at work examples and statistics in the UK regarding recent health & safety risks to workers and accidents that have happened. These statistics have been provided by the UK government Health & Safety Executive. As you can see from the graph below, there were 142 workers killed at work in the 2020 to 2021 period. The graph displays what caused their fatal injuries.
The main type of fatal workplace accident that occurs in the UK is falling from a height .The second most frequent type of accident is being struck by a moving vehicle , you then have struck by moving object, followed by being trapped due to something that was overturning or collapsing, and moving machinery contact.
The government has also revealed statistics regarding the number of non-fatal injuries that have occurred in the United Kingdom from 2019 to 2020. According to LFS, there were 693,000 non-fatal injuries to workers that were self-reported. According to RIDDOR, there were 65,427 non-fatal injuries to employees that were reported by their employer for this period. In the table below, you can see the number of injuries that have been sustained based on the time that was spent off work.
Although these figures are high, they do represent a decrease in the number of accidents that have occurred in the workplace when compared with statistics from the previous decade. Finally, in the table below, you can see the most common type of non-fatal injuries that were experienced. As you can see, slips, trips, and falls were the most common type of accident to occur throughout the previous year.
After you’ve been injured at work, you may be wondering, “what are my legal rights after an accident at work?”. When determining your rights, you can use the Health and Safety Executive website for a great source of information, in addition to the NI direct government website if you are based in Northern Ireland.
Let’s start with Northern Ireland. The Health and Safety at Work Order 1978 is the key piece of legislation that is in place in Northern Ireland to cover health and safety-related to the workplace. It has set out what is expected of your employer in terms of protecting your safety and health while at work. There are also specific regulations to cover certain types of work, for example, gas safety, construction work, chemicals, and asbestos.
The main piece of legislation that is in place in the UK regarding safety and health at workplaces is the Health and Safety at Work Act 1974. However, similarly to Northern Ireland, there are also separate pieces of legislation in place for different industries, including hospitality, agriculture, waste, quarries, health and social care, and, of course, construction. These pieces of legislation are valuable in helping you determine your legal rights after an injury at work in the UK.
I had an accident at work, what are my legal rights? Now you have a good understanding of the legislation that is in place to protect workers when it comes to their health and safety, but what do these pieces of legislation actually mean in terms of your rights and your ability to claim?
To understand this, you need to know what duty to care means and, therefore, what employers need to do to make the workplace safe. If your employer hasn’t taken the necessary steps, and you’ve been injured as a consequence, then you will be able to make a claim.
In terms of duty to care, your employer needs to do the following:
- Inhibit any risks to your health
- Make the workplace safe
- Ensure that the correct warning signs are provided and looked after
- Provide protective clothing or equipment
- Provide health supervision when needed
- Avoid potentially dangerous work when possible
- Take precautions against the risks caused by radiation, electrical equipment, explosive hazards, and flammable hazards
- Control and prevent exposure to substances that can damage health
- Make sure the correct working equipment has been provided and that it is used correctly and maintained frequently
- Make sure that rest facilities, washing facilities, toilets, lighting, temperature, and ventilation meet health safety and welfare requirements
- Set up emergency plans
- Tell you about any potential hazards relating to the work you carry out
- Provide adequate first aid facilities
- Make sure all materials are used, stored and handled safely
- Make sure safe working practices are set up and followed
- Make sure that plant and machinery is safe to use
Aside from this, your employer needs to take steps to make sure that your work environment is a safe one. This includes the following:
- Making certain that any employees who work off-site or on their own can do so safely and healthily
- Allowing employees to take appropriate rest breaks and the correct holiday entitlement
- Setting aside areas for rest breaks and to eat meals, including suitable facilities for nursing mothers and pregnant women
- Provide somewhere for employees to get changed if required
- Provide suitable wash facilities and clean drinking water
- Fit gates, doors, and windows that open and have safety devices if needed
- Store things so that they are not likely to fall and cause injury
- Protect from risks of falling into hazardous substances or falling from a height
- Make roadways, stairs, walkways, and floors safe to use
- Keep equipment in good working order
- Provide a workstation to suit the work being carried out and the employees
- Ensure that area is big enough to allow easy movement
- Keep the equipment and the workplace itself clean
- Light premises so that employees can move about and work safely
- Keep temperatures at a comfortable level
- Make sure the workspace is properly ventilated
As you can see, employers need to cover all areas to make sure that the workplace is a healthy and safe one. All workplaces are different and have their unique requirements, which is why a risk assessment needs to be carried out. This will help the employer to determine the risks and hazards to the workplace that they need to mitigate.
Once they have made their findings, they need to ensure that all workers are aware of the risks, and they need to put provisions in place to minimise these risks. If they have failed to do so and you have been injured in the workplace as a consequence, you will be able to make a claim for the compensation.
If you’re still wondering, “what are my legal rights after an accident at work?” then read on for more information, or for information on your legal rights after an injury at work in the UK then please don’t hesitate to call us.
You may be wondering what your legal rights are after an injury at work in the UK. If you have been the victim of a workplace accident, you are required to inform your employer of what has happened as soon as possible. This is of paramount importance because all employers are required to have an accident report book by law.
In this accident report log, they need to record all accidents, injuries, and illnesses that have occurred within the workplace. Not only is this a legal requirement, but it can help you when making a claim because it serves as official documentation of what’s happened. When you write down the details and give them to your employer to record in the book, make sure to make another copy for yourself.
If you are too unwell or badly injured to carry out this task, ask someone that you know and love to do it for you, as it is a pivotal part of the process that cannot be skipped.
If you have suffered a disability or became ill because of a disease or accident that has occurred at work or on an approved employment training courses scheme, you may be entitled to Injuries Disablement Benefit. The amount of money that you will receive will depend on your level of disability.
A medical adviser will assess your disability and rank it on a scale from 1 to 100%, and this will influence how much you will get. At the Accident at Work Gov UK website, you will see the various benefit amounts. In order to be eligible for this benefit, if you have been involved in an accident, the accident or event must have happened in England, Wales or Scotland.
You must have either been on an approved employment training course or you must have been employed when the accident happened. There are also more than 70 diseases that are included with the IIDB. Examples include osteoarthritis of the knee in coal miners, chronic bronchitis, and asthma.
If you’re an industry worker, you may think “what are my legal rights after an accident at work?”. There is nothing to worry about, as you have the same legal rights after an injury at work in the UK as contracted and full-time employees do. All workers are protected by the same health and safety laws irrespective of the type of contract they are operating under.
After an accident at work, do I get paid? Often, when someone has been injured in the workplace, they need to take time off work to recover from their injuries. Depending on the nature of your work and the contract you have with your boss, you may be entitled to sick pay or you may not.
So, how does sick pay work? Firstly, you may be entitled to Statutory Sick Pay. At present, this is set to £92.05 in the UK and is paid by your employer for up to 28 weeks. You need to find out if you are eligible for Statutory Sick Pay and you can find out more about this at the government website. Your employer then may decide to top up this with additional sickness payments or benefits. People often call us to ask: “Am I entitled to full pay if I am injured at work?” You really do need to refer to your work contract for this.
In addition to this, another way to ensure that you get paid while you are at work is to make a claim for loss of income when you launch your personal injury case. There is a calculator on this Citizens Advice Bureau website which can help you determine what sick pay you may be entitled to.
As part of the question “what are my legal rights after an accident at work?” may people ask if they’re able to be dismissed from work following injury in the workplace. A lot of people are worried about making an accident claim against their employer because they fear that they will lose their job as a consequence.
As the law states, your employer cannot dismiss you if you make a claim for an accident that happened in the workplace. If you have been employed for more than two years at this place of work, and your employer fires you after you have made a case for compensation, you will then have grounds for unfair dismissal, which means your employer would land themselves in further trouble.
You may be worried about making a claim because you fear that the financial implications could ruin the business you work for. Again, this is something you do not need to worry about because all businesses are required to have employers’ liability insurance in place by law that covers such an incident, so the insurance company will pay out the compensation you’re owed; it won’t come directly from your employer.
If you have been dismissed following your absence from work due to an accident, injury or illness that occurs in the workplace, the best thing to do is contact us so that we can help you investigate the issue and launch a claim for the compensation that you deserve. We have helped a number of people to secure a payout when they have been dismissed after an accident at work.
Call us today to find out more about your legal rights after an injury at work in the UK, or read on for more information on what can be claimed.
- General damages (Pain and suffering)
- Psychological injuries
- Loss of income
- Travel costs
- Medical costs
- Care costs
- …. Any other out of pocket expenses!
You will probably want to know how much compensation you will get if you launch a claim. It is important to stress here that all cases are handled individually because there are many different factors that determine the payout a claimant receives. This includes everything from the severity of injury to the amount of time spent off work. Therefore, it is not possible to give you an accurate figure regarding how much you will receive. However, we can give you a better understanding of the average payout amounts for certain injuries that often happen in the workplace. Please refer to the table below for this.
|Post-Traumatic Stress Disorder||Severe||£56,180 to £94,470||In these instances, the injury will result in the injured person being unable to work at all or function at anything approaching a pre-trauma level. The injured person's life will be badly affected in all areas|
|Post-Traumatic Stress Disorder||Moderatley Severe||£21,730 to £56,180||In these instances, there will be a better prognosis for recovery with some professional help. However, the injured person is likely to be significantly disabled for the foreseeable future.|
|Post-Traumatic Stress Disorder||Less Severe||£3,710 to £7,680||In these instances the recovery will be a virtually full one, with only minor symptoms persisting over a longer period.|
|Brain Damage||Very Severe||£264,650 to £379,100||This bracket is likely to include cases involving quadriplegic cerebral palsy causing severe cognitive and physical disabilities. The top of the bracket will be appropriate only where there is significant effect on the senses and severe physical limitation. Cases resulting in a permanent vegetative or minimally conscious state with life expectancy in excess of 15 years are likely to fall towards the lower end of this bracket.|
|Brain Damage||Moderately Severe||£205,580 to £264,650||Injuries at this level will be seriously disabling. These disabilities can be physical or cognitive.|
|Brain Damage||Moderate||£140,870 to £205,580||In these cases, there will be a markedly reduced dependence on others than in cases of moderately severe brain damage|
|Chest Injuries||Severe||£94,470 to £140,870||Involving total removal of one lung and/or serious heart damage.|
|Chest Injuries||Moderate||£29,380 to £51,460||Damage to chest and lung(s) causing some continuing disability.|
|Chest Injuries||Minor||Up to £3,710||Fractures of ribs or soft tissue injuries causing serious pain and disability over a period of weeks only.|
|Neck Injuries||Severe||In the region of £139,210||Injuries associated with incomplete paraplegia or instances where the injured person has little or no movement in the neck.|
|Neck Injuries||Moderate||£23,460 to £36,120||This bracket will include injuries that leave markedly impaired function or vulnerability to further trauma, and limitation of activities.|
|Wrist Injuries||Severe||£44,690 to £56,180||Injuries resulting in complete loss of function in the wrist|
|Wrist Injuries||Very minor||£3,310 to £4,450||Very minor undisplaced or minimally displaced fractures and soft tissue injuries|
If you cannot find the injury you have sustained in the table above, you are more than welcome to give us a call, and we will happily advise further.
When asking “what are my legal rights after an accident at work?” it’s important to know what the proper steps are in strengthening a personal injury claim.
Now let’s take a look at what to do after an accident at work. If you suffer an injury or illness in the workplace, it is important to gather as much evidence as possible. As already mentioned, you need to report the accident to your employer as soon as possible. Aside from this, you need to seek medical treatment. Not only is this vital for your health, but the medical report will be used to determine how much compensation you receive. You should also take photographs of the scene and your injuries, if visible, in addition to gathering witness contact information.
You will be pleased to learn that all of our cases are 100% No Win No Fee. You will only pay for legal fees should your case be successful and compensation is awarded. If this happens, a percentage of your compensation will be given to your lawyer as the legal fee. This will be a percentage that you have both agreed on beforehand. This means that there is no financial risk associated with making a claim when you choose our service.
There are many reasons why you should choose us as your accident claim service. This includes a level of experience, our fully No Win No Fee claims service, our reputation, our track record, and the fact that we always put our customers first. We always aim to secure the highest amount of compensation, yet we do this in the most efficient manner so that you can focus on your recovery.
How A Solicitor Can Help With Accident At Work Claims
We’ve already explained your legal rights if you suffer an injury at work. Therefore, in this section, we’ll explain why we believe it’s important to take on legal representation if you decide to make a claim. Even if your line manager agrees that you should make a compensation claim, they will not be involved in dealing with it. That’s because employer’s have insurers in place to deal with personal injury claims at work.
When the insurer deals with your claim, they’ll want to see evidence from you that shows how your employer was negligent, why the accident took place and what injuries you suffered. They won’t pay compensation if you can’t provide evidence to support your claim clearly – and that’s where a personal injury solicitor could help.
Using their experience and legal skills, our solicitors could improve the chances of winning your case and try to ensure you’re compensated fully. They won’t leave any stone unturned when gathering evidence and they’ll try to make sure all aspects of your suffering are covered.
Why not call today and speak with a specialist who’ll review your case on a no-obligation basis and give you free legal advice.
We hope that this article has answered the question, “what are my legal rights after an accident at work?”. If you are ready to launch a claim, or you would like further information about your legal rights after an injury at work in the UK, the accident at work procedure, or some examples of accident at work stories, please do not hesitate to get in touch with us. We are open seven days a week, 24 hours a day. The number you need is 0800 073 8801.
How long can you sue after an accident at work?
When you’re making a claim for a personal injury or illness that you’ve sustained in work, you have 3 years from the date of your injury to make a claim. This changes slightly with regards to workplace illnesses, or injuries that don’t make themselves known straight away. When you become ill as a result of your work, or you suffer from an injury that isn’t immediately obvious, then your 3 years to claim begins from the date of knowledge. This means that you have 3 years from when you found out the injury or illness was due to your work, and not from a single incident or accident.
How long do I have to see a doctor after a work injury?
There’s no rule regarding going to see your doctor after an accident in work with regards to claiming. But if you’ve been injured at work, then you should try and see your doctor straight away. This will make sure that you have the medical attention that you need for your injuries. It’ll also help strengthen your claim down the line, as you’ll have your injuries on record.
If you need medical attention right away, you can look up your nearest walk-in centre on the NHS website.
Do I get full pay if I have an accident at work?
When you’re off work because you’ve been injured in an accident, you may be entitled to Statutory Sick Pay, which is £96.35 per week. You may be entitled to full pay if this is stipulated in your contract of employment.
Do all accidents at work have to be reported?
It’s good practice to ensure that all accidents are recorded in the accident book in a workplace; however, only certain accidents in the workplace need to be reported to RIDDOR. YOu can find a list of reportable incidents on the HSE website.
What happens if an accident at work is not reported?
If an accident at work wasn’t reported when it should have been, this doesn’t automatically mean that you won’t be able to claim. In these cases, personal injury solicitors may rely on other evidence such as medical records to strengthen your claim.
What can be claimed for following a workplace injury?
When you make a claim for accident at work compensation, the general damages head of your claim will cover the pain and suffering your accident caused you. Special damages will cover any out of pocket expenses that you’ve incurred, such as financial losses for any lost wages.
How much could I claim for a work injury?
This will vary depending on a number of factors. Higher compensation amounts will be awarded for serious injuries that affect the injured person in the long term.
How long do I have to make a work injury claim?
The time limit for making an accident at work claim is three years following the date of the accident.
Do I legally need a solicitor to understand what are my rights after an accident at work?
You do not need to use the services of a personal injury solicitor when making a claim for an accident at work. However, many people prefer to use a solicitor when they are making such a claim, that could help make the claims process easier. Not only would a personal injury lawyer, authorised and regulated by the Solicitors Regulation Authority, be able to put together a strong case for compensation on your behalf. They could also lead the negotiations for a compensation settlement. They could fight for the maximum compensation possible for your case.
Do I need to use a solicitor based in my local area?
No, you do not need to use a local solicitor to make a claim against an employer for an accident at work. Instead, you could choose any of the lawyers or law firms based around the UK, as long as they were registered in England and Wales to practise law. While this opens up more options for you, it could make it more difficult to make a decision on which solicitor is right for you. We would advise you to strongly consider using solicitors that work on a no win no fee basis, and we would also urge you to check their reviews left by previous claimants, to see what level of service they could provide. Here at Accident Claims UK, we could provide you with a solicitor with years of experience in dealing with cases like yours. We could provide free legal advice, and start you on the path to compensation.
Thank you for reading our guide addressing the question “what are my legal rights after an accident at work?” and explaining your legal rights after an injury at work in the UK.