By Danielle Griffin. Last Updated 20th June 2023. Have you been injured at work? If so, you might be eligible to claim compensation. However, you must be able to prove that your employer failed to adhere to their duty of care and, as a result, you suffered injuries.
In this guide, we look at the duty of care your employer owes you while you are at work, and the eligibility criteria you must meet to make a personal injury claim. Additionally, we take a look at examples of evidence that you could submit to support your claim. We’ll also discuss your rights after an injury at work.
If you have a valid case, you might be interested in having the support of a No Win No Fee solicitor. This guide concludes with a look at the benefits of claiming compensation with legal representation under the terms of a No Win No Fee arrangement.
If you have any queries about personal injury claims for workplace accidents or if you would like free advice about your potential compensation case, please get in touch with one of the advisors from our team.
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- I Had An Accident At Work – What Are My Rights?
- What Are The Time Limits When Claiming?
- Workplace Accident Claim – What Evidence Do I Need?
- Do You Get Paid If I Have Been Injured At Work?
- Will I Be Dismissed For Claiming?
- Work Accident Claims Calculator
- The Steps To Take After Your Workplace Accident
- Claiming For An Accident At Work With A No Win No Fee Solicitor
After you’ve been injured at work, you may be wondering, “what are my legal rights after an accident at work?”. 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 etc. Act 1974 (HASAWA). However, 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.
Under the HASAWA, your employer owes you a duty of care. Their responsibilities could include:
- Ensure that the correct warning signs are provided
- Provide protective clothing or equipment
- Control and prevent exposure to substances that can damage health
- 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
- Ensure sure safe working practices are set up and followed
- Make sure that plant and machinery is safe to use
Per accident at work law, you have the right to make a claim if you have been injured due to your employer breaching their duty of care. However, no matter what type of injuries may have been sustained in accidents at work, the law states that you only have a certain amount of time to start a personal injury claim.
These time limitations can be found in the Limitation Act 1980. Generally, the time limit is 3 years from the date you were injured or 3 years from your date of knowledge. This is the date you first connected that your injured was caused by negligence.
However, there are certain exceptions to these time limits. Contact our advisors today if you are unsure whether you still have enough time to claim. They could also help answer any questions you may have, such as ‘I had an accident at work, what are my rights?’.
We hope we have answered your question, ‘I had an accident at work, what are my rights?’
In general, a claimant would need to prove the following:
- Their employer had a duty of care towards them
- There was a breach of that duty of care
- The breach caused them to suffer illness or injury.
These are the three criteria of negligence. In order to seek compensation, you need to prove negligence occurred. As such, when making a workplace accident claim, you can:
- Report the accident and making sure it goes in the workplace accident book
- Take photographs of an injury, and the scene of an accident
- Gather contact details of witnesses that could be approached for a statement
- Ask for CCTV footage of the incident
- Keep evidence relating to costs and losses sustained due to a workplace injury
To learn more about claims for an injury at work, please get in touch on the number above.
Could I claim for workplace accidents where there weren’t any witnesses or there’s no CCTV footage?
You might be worried that if no one saw your accident and there’s no video evidence, you wouldn’t be able to make a workplace accident claim. However, this may not be the case. It’s not essential to gather this type of evidence.
Please contact our team for advice and support specific to your claim. We would be happy to advise you further on your rights when it comes to claims for an injury at work caused by negligence.
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 £99.35 in the UK and is paid 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.
As part of the question “what are my legal rights after an accident at work?” many 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.
I had an accident at work, what are my rights when it comes to keeping my job?
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.
As stated above, there are different damages you can potentially claim for. These impact the compensation for injuries at work you could get. You might like to see a work accident claims calculator and work out the potential value of your claim. However, we’ve provided accident at work compensation examples in the table below. The values are from the latest edition of the Judicial College Guidelines (JCG). This is a document used by legal professionals to help assign value to physical and mental health injuries in personal injury claims. The figures given should be used as a rough guide only.
|Foot Injury||One foot is amputated with the ankle lost.||£83,960 to £109,650|
|Chest Injury||A continuing disability due to the chest and lungs being damaged.||£31,310 to £54,830|
|Fractures of Jaws (i)||Multiple fractures that will require prolonged treatment and will cause severe pain with a restriction in eating.||£30,490 to £45,540|
|Brain Damage - Less Severe||The person will be able to partake in normal social and working life following a good recovery. However, they may still suffer with memory and concentration issues.||£15,320 to £43,060|
|Leg Injury - Moderate||Multiple or complicated fractures, or a crush injury to a single leg. The extent of treatment undertaken will affect how much is awarded.||£27,760 to £39,200|
|Injuries to the Pelvis and Hips - Moderate (i)||A significant pelvis or hip injury but it doesn't result in a a major disability.||£26,590 to £39,170|
|Neck Injury - Moderate (i)||Fractures or dislocations that result in immediate symptoms and may require spinal fusion surgery.||£24,990 to £38,490|
|Injuries to the Elbow||A less severe elbow injury that impairs the elbows function but does not require major surgery.||£15,650 to £32,010|
|Shoulder Injury - Serious||Restricted shoulder movement and pain in the neck and shoulder due to a dislocation and damage to lower brachial plexus.||£12,770 to £19,200|
|Hand Injury - Fracture of Index Finger||Despite mending quickly, the grip will still remain impaired and the person will experience pain in the finger on heavy use.||£9,110 to £12,240|
Our advisors can estimate your compensation for injuries at work if you get in touch.
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, industrial disease 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. 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.
If you had an accident at work and are eligible to make a personal injury claim, you might like to have the support of a solicitor. One of our solicitors could help you with your case, as they have experience with various types of workplace injury claims.
Our solicitors usually offer their services under a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
Under this type of arrangement, your solicitor won’t ask you to pay anything upfront for their services. They also won’t charge you any ongoing service fees or ask for a payment for the work they have done on your claim if it fails.
If your claim has a successful outcome, they will take a success fee out of your compensation award. The law caps the percentage that can be taken as a success fee.
Our advisors are available 24 hours a day, 7 days a week, to answer your questions. They can also offer you free advice and could connect you to one of our solicitors if you have an eligible claim.
To speak to an advisor, you can:
We hope we have answered your question, ‘I had an accident at work, what are my rights?’