You can claim compensation after being injured by duties outside your job description. Employers have a legal obligation to ensure your safety at work; this includes tasks within and outside of your job description. They must carry out thorough risk assessments, institute necessary safety procedures, and ensure workers receive the proper training to safely carry out tasks. The failure to do so may be grounds to make a claim.
Key Points
- Employers must provide adequate health and safety training in accordance with legislation, such as the Management of Health and Safety at Work Regulations 1999.
- Before undertaking a task outside of your normal work-related duties and job description, a risk assessment will likely be necessary to identify any problems you may have with it.
- Employers must also provide other training and information as necessary, as set out by the Health and Safety Executive (HSE).
- Statistics show that slips, trips, and falls are the most common accidents at work.
- Compensation awards could cover the physical pain, mental suffering and loss of amenity (loss of enjoyment out of hobbies and activities that were previously enjoyable) and financial losses caused by the accident.
A solicitor could help to establish that your employer is liable for your injuries and help build your case. Our solicitors offer their services to eligible claimants under a No Win No Fee contract. Working with a solicitor on your accident at work claim means they can take care of the legal stuff while you focus on your recovery.
At Accident Claims, our advisors can give you a free claim eligibility check, estimate how much compensation you could claim and advise you on evidence and time limits. If you wish to pursue a claim with one of our specialist accident at work solicitors and meet the eligibility, you could be connected to one.
Get in touch today by,
- Calling 0800 073 8801.
- Clicking to start a claim.
- Talking to an advisor live.
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Jump To A Section
- Can I Claim After Being Injured By Duties Outside Of Job Description?
- What If The Duty Was Still Within My Scope Of Employment?
- Can I Still Claim If I Volunteered To Complete The Duties?
- How Much Compensation Can I Get For Out Of Work Duty Injuries?
- What Do I Need To Claim For An Injury Whilst Performing Other Tasks At Work?
- How Can Accident Claims Help My Workplace Task Injury Claim?
- Learn More
Can I Claim After Being Injured By Duties Outside Of Job Description?
Yes, if you were injured by duties outside of your job description, you could very well have a valid claim. An employer’s liability extends to all duties carried out in the workplace.
Under workplace health and safety legislation, your employer owes you a duty of care, which is set under the Health and Safety at Work. etc Act 1974. This means that they have a legal obligation to take reasonable and practicable steps to ensure your health, safety and welfare in the workplace. It applies to every task you undertake, whether it is inside or outside of your job description.
To have a valid claim, you will need to prove that:
- Your employer owed you a duty of care at the time of the incident.
- They failed to comply with relevant health and safety legislation, breaching this duty.
- As a result of this breach, you sustained an injury.
Example: You work front of house in a hotel, where your job duties involve checking guests in and out. The cleaning team are short-staffed, so your manager asks you to help them. As you have not had any training in this area, you suffer chemical burns when mixing together cleaning solutions without wearing the appropriate personal protective equipment (PPE).
If you have any questions about whether your employer could be liable for your injuries, speak to one of our advisors. They can assess whether you could claim for the injuries caused by the accident that occurred while you were carrying out tasks outside of your job description.
4.8 (948 reviews)What If The Duty Was Still Within My Scope Of Employment?
Even if the duty was still within the scope of your employment, if you suffered an injury because of a breach of duty of care, you can claim compensation. The key criteria that any accident at work claim must pass is that your employer failed to meet their legal responsibility to ensure your safety and welfare.
Example: You’ve started a job in a warehouse but were not given manual handling training. As a result, you suffered injuries to your back and shoulder while carrying an item.
The best way to find out if you have a valid workplace accident claim is to speak to one of our advisors. When you get in touch with the team at Accident Claims, an advisor will give you a free, no-obligation consultation which will look at how you suffered injuries and advise on whether you can proceed with a compensation claim. You have nothing to lose by getting in touch today.
Can I Still Claim If I Volunteered To Complete The Duties?
Yes, you can still claim compensation, even if you volunteer to complete duties outside your job role. The same duty of care applies regardless of how you came to complete the tasks.
Example: Slipped on a wet floor after volunteering to bring the rubbish out and suffered a broken wrist.
If you’ve been injured by duties outside of your job description, get in touch today. You may be entitled to accident at work compensation.
How Much Compensation Can I Get For Out Of Work Duty Injuries?
How much compensation you can get for out of work duty injuries depends on the nature of your injury. In addition to the severity of the injury, the wider impact it has had on your life may also be taken into account when calculating your final settlement. This is because compensation may comprise that for your injury (general damages) and for financial losses (special damages).
Solicitors or the courts may use guidelines published by the Judicial College (JCG) to work out how much your injury may be worth. The JCG list guideline compensation amounts for different types of injuries.
The following table contains examples taken from the JCG, except for the first row.
| Severity and harm | Notes | Compensation |
|---|---|---|
| Multiple severe injuries and lost income or other special damages. | Severe injuries and financial losses, such as payments towards home help, mobility aids and lost wages. | Up to £1,000,000+ if also awarded damages for lost income and medical bills. |
| Very severe brain damage. | The person is left with little to no language function and the requirement for full-time nursing care. | £344,150 to £493,000 |
| Severe neck injury (i). | Those injuries which are associated with incomplete forms of paraplegia. | Around £181,020. |
| Severe knee injury (i). | A serious injury disrupting the joint, may present with the development of osteoarthritis. | £85,100 to £117,410. |
| Severe leg injuries, very serious (ii). | Injuries resulting in permanent mobility problems and the need for aids. | £66,920 to £109,290. |
| Moderate pelvic or hip injuries (i) | Significant injuries, but any permanent disability will not be major. | £32,450 to £47,810. |
| Less severe arm injuries. | Where you have/ will substantially recover from any disability. | £23,430 to £47,810. |
| Arm injuries, simple forearm fractures. | A simple forearm fracture. | £8,000 to £23,430. |
| A moderate elbow injury. | This might include a fracture, laceration, or tennis elbow. | Up to £15,370. |
| An uncomplicated colles fracture to the wrist. | Uncomplicated bone fractures. | Around £9,070. |
Please be aware that these are only guidelines and do not guarantee the value of your injuries. One of the advisors from our team can give you a more accurate estimation based on your circumstances.
Will My Compensation Cover Special Damages?
Yes, your compensation can also cover special damages. Awarded alongside those for any injury sustained, special damages compensate for qualifying financial losses. Claimants in personal injury cases may be compensated for,
- Lost wages and other income, including pension contributions, overtime or bonus entitlement and other workplace benefits.
- Medical expenses, including the cost of prescriptions, treatment, surgery, and consultations.
- Damage to personal property, including the repair or replacement of items such as glasses or hearing aids, etc.
- Professional or domestic care costs, such as for care in the home.
- Adapting your home or vehicle, to cope with a new disability.
Your claim will need to be submitted with receipts, invoices, or pay slips proving these losses. Please contact us if you were injured by duties outside of your job description to find out how much compensation you could claim.
What Do I Need To Claim For An Injury Whilst Performing Other Tasks At Work?
You must provide evidence showing your employer breached their duty of care whilst you were performing other tasks at work. Evidence plays an important role in personal injury claims. You need evidence which clearly shows that your case meets the eligibility criteria outlined above. Evidence which could help you to do so includes,
- A copy of the accident report from your employer. This may highlight any safety concerns reported to the employer or wrongful acts.
- CCTV footage.
- Photos of your injury (if visible) and the accident scene.
- Any written or recorded instructions to perform tasks outside your normal duties.
- Copies of your medical records.
- Witness contact information if they’re willing to give a statement at a later date.
You also need to file your claim within the applicable time limit. Whilst the standard accident at work claim time limit is 3 years, there are certain exceptions to this. One of the advisors will be happy to go through the time limits with you and discuss whether you are still eligible to claim.
How Can Accident Claims Help My Workplace Task Injury Claim?
Accident Claims helps injured workers by gathering evidence, submitting a claim, and negotiating with other parties. If you choose to work with one of our solicitors, they could assist you on a No Win No Fee basis. Often, our solicitors are able to help people by offering a Conditional Fee Agreement (CFA). This is a specific type of No Win No Fee agreement. If your claim is successful, your solicitor will deduct a success fee. This is calculated as a set percentage of your award and is also limited by law. If you aren’t successful, you won’t be asked to pay any solicitor’s fees.
If you were injured by duties outside of job description, Accident Claims could also help by,
- Preparing your case.
- Helping if your case goes to court.
- Explaining any complex legal terms that you may be unfamiliar with.
- Ensuring that you have received medical care and connecting you to any specialists who can help.
- Making sure that all of your injuries are considered and accurately valued as well as ensuring that all of your monetary losses are included in the claim.
Contact Our No Win No Fee Solicitors
Contact one of our No Win No Fee solicitors today for help. To date, they have helped people to secure over £80 million in compensation, and could bring their expertise to your case. To find out if you are eligible to be connected to one of our No Win No Fee solicitors, speak to a member of the advisory team today.
- Call us now on 0800 073 8801.
- Talk to an expert advisor live below.
- Start your claim online.
Learn More
Learn more about workplace accident claims, employment law and employer liability in these resources.
- Learn more about your legal rights after an accident at work here.
- Check if you can claim if you did not report an injury at work.
- Read about what you could claim for a zero hours contract staff accident at work.
References.
- Learn more about managing employee safety and risk assessments in this HSE resource.
- Learn about employment status for independent contractors and the self-employed here.
- Find out about employers responsibilities and legal obligations to employees here.
We hope you now know more about claiming after being injured by duties outside your job description. Please contact us for further help and information.
