Things To Know About Accident At Work Claims

By Danielle Griffin. Last Updated 20th June 2023. This guide will provide you with information about how to make a personal injury claim for an accident at work. In order to be eligible for compensation, you will need to prove that your injuries were caused by your employer breaching their duty of care.

This duty of care is set out in the Health and Safety at Work etc. Act 1974 (HASAWA). It states that all employers must take reasonably practicable steps to ensure the health, safety, and welfare of their employees whilst there are at work. If you can prove that your employer breached their duty of care and this caused you to suffer an injury, you could be eligible to receive compensation for an accident at work.

In this guide, we look at examples of evidence that could help support your case. We will also look at the time limit you must adhere to start a personal injury claim. To bring the guide to a conclusion, we look at making a claim for an accident at work with the support of a No Win No Fee solicitor.

If you have any questions about how to start a claim for a workplace injury, please contact one of the advisors from our team. They’re available 24 hours a day, 7 days a week, with free advice.

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Accident at work claims

Select A Section

  1. A Guide To Things To Know About Accident At Work Claims
  2. What Should You Do After An Accident At Work?
  3. Health And Safety After An Accident At Work
  4. Things To Know About Reporting An Accident At Work
  5. How Long Do You Have To Make An Accident At Work Claim
  6. Accident At Work Compensation Calculator
  7. Special Damages In Slip At Work Or Accident At Work Claims
  8. No Win No Fee Accident At Work Claims

A Guide To Things To Know About Accident At Work Claims

After suffering an injury in a workplace accident, you could be absent for a number of days. The time you have off work could stretch to weeks, months or you may not be able to work again. If the workplace accident is caused by someone else or due to employer negligence, you could make a personal injury claim for compensation.

In this guide, we offer an idea of how much a claim could be worth. General damages (compensation for injuries) and special damages (compensation for financial losses) are covered and we explain how you could claim them too.

We have included lots of information on what you need to know about specific things when you are injured in the workplace. As such, advice on your rights as an employee and the laws that protect you are included in the guide.

Do you need to know more about how a No Win No Fee agreement works? If so, we cover Conditional Fee Agreements (CFAs) and explore why No Win No Fee terms could be beneficial.

For free legal advice on how to claim accident at work compensation, get in touch with a member of our team today.

What Should You Do After An Accident At Work?

When injured in a workplace accident, you should do the following as soon as you can:

  • Seek medical attention.
  • Make sure a record of the accident and your injury is noted in the accident log book.
  • If the incident or your injury is reportable, you should ensure your employer has notified RIDDOR.
  • If possible, take photos of both your injuries and what caused the workplace accident.
  • Get witness contact details because they could supply a statement if you make a claim.

If you cannot do any of the above because you suffered severe injuries, you can ask a trusted colleague to do this for you. It is important that evidence is gathered so that you have enough proof to support a potential accident at work claim.

These are just some of the things to know about accident at work claims.

Health And Safety After An Accident At Work

Your employer should abide by the Health and Safety at Work etc. Act 1974 as well as other laws that protect you and your fellow workers. Employers have a duty to ensure that a workplace is safe, and if they do not, they could be in breach of their duty of care.

To protect your health and safety at work, employers could:

  • Ensure your workplace is safe by carrying out risk assessments.
  • Make sure that machinery, tools, and equipment are safe to use and maintained.
  • Set up safe working practices and policies.
  • Take care that materials are stored, handled, and used safely.
  • Provide suitable first aid equipment.
  • Inform you of potential hazards.
  • Ensure supervision is provided when required.
  • Provide adequate ventilation, lighting, temperature, washing/toilet facilities and rest areas that meet health and safety requirements.
  • Control or prevent exposure to dangerous substances.
  • Erect suitable warning signs where required.
  • Report specific workplace accidents and injuries through RIDDOR.

Should you believe your employer failed in their duty of care, and as a result you were injured, please contact a member of our team today for free legal advice.

Things To Know About Reporting An Accident At Work

If the company or organisation you work for employs more than 10 people in one workplace, they should have an accident log book. Make sure a record of your workplace accident is recorded. We recommend that you do this yourself but, if your injuries prevent it, ask a trusted colleague to do this for you.

Some smaller businesses have accident books but, if they do not, you can send a letter or personal email to your employer. You can detail your injuries as well as the date, time and location of the accident. Remember to keep a copy of the information for your own records.

Specific workplace accidents and injuries must be reported through RIDDOR and it is your employer’s responsibility to do so. You can make sure this has been done by asking your employer or the person responsible for doing this. you can also find out whether your injury is reportable through the Health and Safety Executive website.

How Long Do You Have To Make An Accident At Work Claim

You must ensure that you start the legal proceedings for your personal injury claim before the time limit expires. Generally, this is 3 years from the date of the incident that caused your injuries as set out in the Limitation Act 1980.

However, in certain circumstances, there are exceptions to this time limit. These include:

  • Those who lack the mental capacity to start legal proceedings for themselves. For these injured parties, the limitation period is suspended indefinitely. During this time, a court-appointed litigation friend could make the claim on their behalf. Should the injured party regain this capacity, they will have 3 years from the date of recovery to make a claim if one was not made for them already.
  • Those under the age of 18. For these injured parties, the limitation period is paused until the date of their 18th birthday. Before this time, a litigation friend could begin the process of claiming on their behalf. However, once they turn 18, they will have 3 years to file their claim if one was not started for them already.

If you would like to know whether you are within the time limit to start an accident at work claim, please contact one of the advisors from our team. If you have an eligible claim, they could connect you to one of our accident at work solicitors.

Accident At Work Compensation Calculator

We have not placed a claims calculator on this page to give you specific guidance on compensation amounts. Instead, we have taken some values from the Judicial College Guidelines. Both solicitors and courts may use this to help them calculate compensation for injuries.

If you have suffered a slip at work or another type of accident that has led you to suffer injuries, you will need to see an independent medical specialist to obtain a medical report. It is simply not enough to go and see your own GP or hospital. If you intend to claim compensation for your injuries you will need independent verification of them. During your appointment with the specialist, they will assess your injuries and write a medical report afterwards that would detail your suffering and pain and the likely cause of your injuries. Courts and lawyers could use this alongside the Judicial CollegeGuidelines to come to an appropriate compensation payout for your injuries.

Edit
Type of Injury Details of Injury General Damages Awarded (Judicial College Guidelines)
Hand Total or effective loss of both hands (a) £140,660 to £201,490
Hand Loss of one hand totally or effectively (c) £96,160 to £109,650
Back Deemed Severe (i) £91,090 to £160,980
Back Deemed Moderate (i) £27,760 to £38,780
Neck Deemed Severe (i) In the region of £148,330
Neck Deemed Moderate (i) £24,990 to
£38,490
Knee Deemed Severe (i) £69,730 to £96,210
Knee Deemed Moderate (i) £14,840 to £26,190
Toe All toes are amputated (a) £36,520 to £56,080
Toe Deemed Moderate (e) Up to £9,600

Special Damages In Slip At Work Or Accident At Work Claims

Special damages are paid out to compensate claimants for the financial expenses and losses they suffer due to a workplace injury they weren’t fully responsible for. You should provide proof of any financial losses. Without the necessary receipts, invoices or other relevant documentation, you may find it difficult to claim them back in special damages.

With evidence, you could claim the following in special damages if they’re due to your injuries:

  • Medical costs, such as the cost of prescriptions.
  • Care costs, whether you paid for a carer during your recovery or your family and friends helped.
  • Travel expenses, which includes things like the cost of going to appointments both to a medical facility for treatment, or to a solicitor.
  • Loss of earnings if your wages are reduced or unpaid because you are off work recovering.
  • Lost future income if you cannot go on working due to the injury you suffered.

Do have more questions regarding special damages? Then please give one of our expert advisers a call today.

No Win No Fee Accident At Work Claims

By contacting a member of our team today, you could find out more things to know about accident at work claims. Your case would be professionally assessed before an adviser offers free legal advice on how best to proceed with a personal injury claim.

You could be offered the chance to work with a lawyer on a No Win No Fee basis if your case is deemed valid. The benefits this offers you include:

  • You do not have to pay a No Win No Fee lawyer an upfront fee for their work. In addition, you do not have to pay ongoing solicitor fees either.
  • The Conditional Fee Agreement sets out the amount you pay a No Win No Fee lawyer for their work, which is known as a success fee.
  • The success fee is lawfully limited.
  • You pay the success fee out of the accident at work compensation you are awarded.
  • You do not have to pay a No Win No Fee lawyer if your accident at work claim isn’t successful.

Would you like to know if you qualify for No Win No Fee terms? You could discuss your case with a member of our team today. You have the option to contact an adviser in the following ways:

We hope you enjoyed this guide on slip at work and other accident at work claims.

Essential References Relating To A Slip At Work

Did you suffer a head injury in an accident at work? If so, our guide might be helpful: Guide to claiming compensation for head injuries

For more information on the services we offer, read our guide: Accident claims services

Do you have more questions regarding workplace accidents? Then call us or read our guide: More information on workplace accident claims

Information about your working status can be found on the link below: Contracts of employment and working hours

The HSE provides information on what to do if you slipped or tripped at work: Slip or trip accident at work

Information on How Many Personal Injury Claims Go To Court

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