By Jo Anderson. Last Updated 18th August 2023. If there were no safety measures in place and an accident at work occurred, you may have sustained injuries. There are different types of work injuries that can range from less severe cuts and bruises to fatal accidents. You may wonder, ‘what steps should I take when injured at work?’. This guide will explain how a lack of safety measures can cause a workplace accident and what eligibility criteria must be met to claim compensation for your injuries.
To make a personal injury claim, you must prove that negligence was the cause of your injuries; negligence involves someone the breaching the duty of care they owed you and causing you harm as a result. In the workplace, your employer owes you a duty of care to take reasonably practicable steps to keep you safe, as laid out by the Health and Safety at Work etc. Act 1974 (HASAWA). The steps they could take might include carrying out risk assessments and implementing safety measures to minimise hazards. However, they may vary depending on the type of workplace, we will explore this further in our guide.
Furthermore, this guide will explore how using a No Win No Fee solicitor could benefit you if you’re looking to hire legal representation. Read on to learn more. Alternatively, you can contact our team of advisors, who are available all day, every day, to talk at a time that suits you. They offer free and confidential legal advice to help you determine whether you could be eligible to claim compensation for your injuries.
Select A Section
- Do Employers Have A Duty Of Care To Keep You Safe At Work?
- The Health And Safety At Work etc. Act 1974
- What Safety Measures Should Be In Place To Stop An Accident At Work?
- Did Your Employer Act In A Negligent Way?
- Evidence For An Accident At Work Injury Claim
- Accident At Work Claims Calculator
- How To Make A No Win No Fee Claim If No Safety Measures Being In Place Led To An Accident At Work
Employers have a duty of care, as laid out by the HASAWA, to reduce or remove the risk of any known hazards in the workplace. The hazards present in the workplace will depend on the type of industry you work in. As such, the responsibilities an employer should take will vary.
However, if they fail to uphold the duty of care they owe you, causing you to sustain physical or psychological harm as a result, you may be eligible to seek compensation.
Employers also have a duty to report certain injuries and incidents under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) to the Health and Safety Executive (HSE). The HSE collates these reports into useful statistics. As per the statistics, slip, trip and fall accidents were the cause of most workplace injuries at 16,698. However, these were not all due to employer negligence.
Have you slipped at work due to your employer not putting any safety measures in place? An accident at work could result in both mental and physical injuries, which could impact your quality of life. Contact our team of advisors to see if you could be compensated for the way in which your injuries have impacted your life.
Ensuring Your Own Safety At Work
It is important to know that you, as an employee, also have a responsibility to behave safely. You are expected to adhere to any health and safety policies your employer puts in place, follow any training provided and comply with guidelines set up in response to risk assessments.
Therefore, if you are properly trained to use potentially dangerous machinery at work but ignore your training and are injured, you cannot make a personal injury claim for compensation as no negligence has occurred.
The HASAWA is the central piece of legislation governing health and safety in the workplace. Specifically, Section 2 lays out the general responsibilities employers have.
Additionally, there are other pieces of legislation that provide more specific duties that may apply to more specific industries. For example:
- The Management of Health and Safety at Work Regulations 1999: This sets out an employers requirement to carry out risk assessments.
- The Provision and Use of Work Equipment Regulations 1998: This sets out an employers duty to ensure equipment provided for use at work is suitable for it’s intended use.
- The Personal Protective Equipment at Work Regulations 1992: This sets out an employers duty to provide employees with necessary personal protective equipment (PPE).
Below, we have explored some of the safety measures that should be in place to prevent an accident at work from occurring. Alternatively, you can call our team to find out whether you’re eligible to seek compensation for a workplace injury.
The HASAWA lays out safety measures that an employer should put in place to remove or reduce the risk of an accident at work occurring. For example:
- Providing proper training.
- Carrying out risk assessments.
- Carrying out maintenance in due time to ensure the working environment and workplace equipment is safe for use.
- Providing signage for hazards, if necessary.
- Prevention of contact with hazardous substances such as toxic fumes and dangerous chemicals by providing necessary PPE, such as safety goggles, masks or gloves.
If your employer not putting safety measures in place led to an accident at work which caused you physical and psychological injury, contact us today. An advisor could assess whether you’re eligible to seek compensation.
There are various ways an accident at work could occur, for example:
- An employer may have failed to provide training to a new employee before they operated a forklift truck. As a result, the employee suffered a severe neck injury.
- Your employer may have failed to carry out a risk assessment on equipment used at a construction site. As a result, you may have suffered a severe hand injury due to a faulty drill.
- Your employer may have carried out a risk assessment which finds hard hats are necessary to minimise the risk of injury from falling objects but chooses not to provide them. As a result, you sustain a severe head injury and concussion.
However, it’s important to note that not all accidents at work will form the basis of a valid claim. To seek compensation you must prove:
- Your employer owed you a duty of care
- They breached their duty of care
- You sustained physical or psychological harm as a result.
You also must start your claim within the time limits laid out by the Limitation Act 1980. You generally have three years from the date of the accident or from the date you connected your injuries to negligence. Contact our advisors to ask about the exceptions.
If you are eligible to make a personal injury claim for accident at work injury compensation, you will need evidence to back up your case. Some examples of relevant evidence that could be used in an accident at work claim could include:
- Medical reports. This could include your medical notes detailing the injury you’ve suffered and the treatment you’ve received
- Photographs of the scene of the accident and/or CCTV footage
- Photographs of your injuries
- Witness statements. This is why it could be useful to gather witness details at the scene of the accident. An accident at work solicitor could approach them for a statement at a later date.
- Evidence of financial expenses caused by your injuries.
- An accident report or a copy of the accident book at work that details your accident.
A personal injury solicitor could help you to gather relevant evidence for your claim. To learn whether one of our No Win No Fee solicitors could assist with your claim, you can contact an advisor.
There are two heads of a claim relating to personal injury compensation: general and special damages.
- General damages account for the physical and psychological pain and suffering caused by your injury.
- Special damages account for past and future financial losses resulting from your injury.
To create the table below, we have used guideline compensation brackets from the Judicial College Guidelines (JCG), published in April 2022. This is often used by legal professionals to help them calculate the general damages portion of settlements as the figures are based on previous cases.
|Very Severe Injury Resulting from Brain Damage (a)||There will be a need for full-time nursing care. The person will show little or no evidence of meaningful response to their environment. Other issues may be present.||£282,010 to £403,990|
|Moderate Injury Resulting from Brain Damage (c) (i)||The person will suffer from a moderate to severe intellectual deficit and further effects. There will be no prospect of employment.||£150,110 to £219,070|
|Amputation of Arms (b)(ii)||The injury will result in one arm amputated above the elbow.||£109,650 to £130,930|
|Severe Injuries to the Pelvis and Hips (a) (i)||The person will have extensive fractures of the pelvis, which will result in substantial residual disabilities.||£78,400 to £130,930|
|Moderate Injuries to the Pelvis and Hips (b) (i)||The person will have a significant injury to the pelvis or hip. However, any resulting permanent disability will not be major, and future risk will not be great.||£26,590 to £39,170|
|Wrist Injuries (a)||The person will have completely lost function of the wrist.||£47,620 to £59,860|
|Arm Injuries (b)||The injuries will result in substantial disablement, which is permanent. Such as serious fractures of one or both forearms.||£39,170 to £59,860|
|Severe Neck Injuries (iii)||The person will have fractures, dislocations or severe damage to soft tissues. The injury will lead to chronic conditions and a significant disability which is permanent in nature.||£45,470 to £55,990|
|Severe Ankle Injuries (b)||Cases in this bracket include the person needing an extensive period of treatment. There will be a significant residual disability.||£31,310 to £50,060|
|Serious Shoulder Injuries (b)||There may be a dislocated shoulder and damage to the brachial plexus causing pain, sensory symptoms and weakness of grip.||£12,770 to £19,200|
However, these figures are a guide. The unique details of each case determine the amount awarded.
Some financial losses that you could claim under special damages include:
- Loss of earnings
- Care costs
- Housing alterations
- Travel expenses
It is important to note that you must provide evidence to prove any losses claimed under special damages. Some evidence you could obtain includes bank records, receipts and travel tickets.
Contact our team of advisors for a more accurate assessment of the compensation you could be awarded for your injuries.
Although it is not legally required to use a solicitor to make a personal injury claim, it could prove beneficial. Specifically, a No Win No Fee solicitor operating under a Conditional Fee Agreement (CFA) can offer you the advantages of working with a legal professional whilst eliminating any upfront or ongoing payments for their services. Also, if your claim is unsuccessful, you do not pay for their services.
A successful claim will mean your solicitor takes a small percentage of the compensation, called a ‘success fee’. The law caps this amount.
If you would like more information on how no safety measures in place could lead to accident at work injuries, speak to one of our advisors. Upon finding your claim to be eligible, they may connect you with one of our No Win No Fee solicitors.
Contact us by doing one of the following:
Learn More About How No Safety Measures Being In Place May Have Led To An Accident At Work
More informative pages from our site to explore:
- I Was Injured Due To Inadequate Work Safety Boots, Can I Claim Compensation?
- How To Claim Compensation For A Defective Work Equipment Injury Claim?
- A Guide To Manual Handling Injury And Accident Claims
- How To Make An Accident At Work Claim
External sources to provide further reading:
We hope this guide has informed you on what to do if there are no safety measures in place and an accident at work occurs. Contact us if you have any further questions.