By Joanne Jeffries. Last Updated 19th October 2021. Welcome to our guide on accident at work compensation in Scotland.
If you’ve been injured in an accident at work in Scotland and you believe it was caused by something your employer could’ve prevented, whether it was a road traffic accident or a slip trip or fall, you may be able to seek compensation for any injuries sustained. In this guide we’ll provide information on what type of work accident could lead to a claim, what you should do if you’re injured at work, and we’ll provide some accident at work compensation examples.
Here at Accident Claims UK, we could help you begin a claim for compensation for an accident at work using a No Win No Fee solicitor. If you’d like to speak to us right away, call 0800 073 8801. Our advisers are experts in handling accident at work claims and will advise you on your options which is a service offered free of charge.
To find out more about how accident at work solicitors can help you make a claim before calling us, please carry on reading.
Select A Section
- A Guide To Claiming Compensation For An Accident At Work In Scotland
- What Are Accidents In The Workplace In Scotland?
- Employee Workplace Safety Rights
- Reporting Of Accidents And Injuries At Work In Scotland
- Do I Still Get Paid If Injured At Work In Scotland?
- Accidents At Work Due To Insufficient Training
- Accidents At Work Caused By Insufficient Personal Protective Equipment
- Common Accidents At Work
- Examples Of Injuries In The Workplace Leading To Accident At Work Compensatioin In Scotland
- Accident At Work In Scotland Compensation Calculator – Updated October 2021
- Other Types Of Compensation Your Claim Could Include
- How Long Do You Have To Claim For An Accident At Work?
- No Win No Fee Claims For Accidents At Work In Scotland
- Talk To An Accident At Work Solicitor About Accident at Work Compensation In Scotland
- Further Scottish Work Accident Information Relating To Accident at Work Compensation In Scotland
A Guide To Claiming Compensation For An Accident At Work In Scotland
Under the Health and Safety at Work Act 1974, all employers in the United Kingdom are duty bound to protect employees safety and welfare while at work.
However, workplace accidents could happen, and some could even be fatal, as you can see from the HSE’s 2020/21 statistics.
This means, if they fail to comply with regulations and you’re injured as a result, you could seek compensation for your injuries sustained through the negligence of an employer.
Before taking on your claim, a personal injury solicitor might check the following:
- Did your employer breach their duty of care towards you?
- Did the breach lead to an accident to happen?
- Were you injured in the accident?
If you’re able to say yes to all 3 questions, you may be able to seek compensation by filing a personal injury claim. This might be the case if the accident was caused by an accident, corner-cutting, cost-saving measures, or a deliberate act of negligence on the part of your employer.
Throughout this guide, we’ll explain the type of workplace injury that could lead to a claim and answer questions like:
- “Can you get fired for having an accident at work?”
- “How long do you have to report an accident at work?”
- “What should you do if you have an accident at work?”
What Are Accidents In The Workplace In Scotland?
To be able to seek a compensation claim, an accident at work in Scotland needs to have left you ill or injured, and needs to have been caused by some form of negligence on the part of a third party. We’ll provide more information and examples on this later in the guide but one reason an employer could be deemed negligent is because they let you continue using equipment with a known fault which resulted in you being injured.
If you’re unsure if your employer was negligent, call our team of advisers to discuss your claim. Our experts have the knowledge and experience to help you decide whether you have a valid claim or not.
Employee Workplace Safety Rights
As an employee, you should expect your safety to be protected at work. However, no workplace is completely risk-free, but employers have a duty to reduce the risks as much as reasonably possible which is a legal obligation.
You should expect:
- That your employer undertakes risk assessments of processes in the workplace
- Your employer should create a health and safety policy that everybody understands
- To be fully trained in your work roles and to work alongside colleagues who are also adequately trained to carry out jobs safely
- For all equipment and machinery to be well maintained. Also, any faults that are highlighted should be repaired promptly or replaced
- That you’ll be provided with safety equipment where required
- That a first aid kit is available at all times
- To be consulted on any concerns you have about your safety
If an accident happens because one or more of the above hasn’t happened, you could have the right make a compensation claim which could be done with the support of a personal injury lawyer.
Further rights and obligations you can expect if you’re injured in an accident at work include:
- Sick Pay: Some employers have their own sick pay policy
- Accident Reporting: This includes recording the accident in an accident book. It could also involve your employer informing the Health and Safety Executive (HSE) under RIDDOR regulations
Reporting Of Accidents And Injuries At Work In Scotland
As mentioned in the previous section, by law some accidents must be reported to the HSE under RIDDOR regulations. RIDDOR stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
Under RIDDOR rules, any accident at work in Scotland must be reported if they fall into the following categories:
- Deaths or injuries caused by accidents at work
- Incidents involving gas
- Accidents involving carcinogens, biological agents or mutagens
- Occupational diseases
- Certain injuries including amputations, loss of sight, crush injury to the head or torso, scalds and burns, scalping and loss of consciousness caused by asphyxia or head injuries
- Dangerous occurrences. This includes accidents involving pressure systems, lifting equipment, fires or explosions, scaffolding collapses, items falling from height and collisions
This is just a sample of reportable accidents. Others are required when working in specific industries or locations such as offshore accidents.
Personal injury claims could be filed if you were involved in any of the type of accidents listed above. To discuss whether you could seek compensation for an accident at work in Scotland, please call our team of specialist advisers for further details and free legal advice.
Do I Still Get Paid If Injured At Work In Scotland?
If you’re wondering, “Do you get paid for an injury at work?” Your employer may have their own policy on paying you some of your salary while you’re away from work due to illness or when you are recovering from a workplace injury. If not, you could be entitled to statutory sick pay for up to 28 weeks.
It’s a government run scheme which is paid by your employer. To be eligible you need to have to:
- Have been off work for 4 or more consecutive days
- Earn at least £118 each week
- Inform your employer that you’re ill within 7 days (or within the employer’s own time limits)
- Be classed as an employee of the company
You should contact your manager/employer when you’re off ill or recovering from a workplace injury to find out what pay you could be entitled to receive. If they’re unable to help, seek advice from the company’s human resources department or check your employment contract.
Accidents At Work Due To Insufficient Training
One major part of job safety is training. Before undertaking any work, which involves any type of risk, you should be adequately trained. The same is true for other employees working with you.
If you are injured because you weren’t shown what to do, or another member of staff wasn’t trained and something went wrong, you could be eligible to seek compensation by filing a personal injury claim.
As an example, if a factory worker is injured trying to fix a machine that has stopped working without having been shown how to do so, they could be able to claim compensation. This might be possible if they were put under pressure to get the machine going again by supervisors/employers to prevent production downtime.
Accidents At Work Caused By Insufficient Personal Protective Equipment
As part of an employer’s responsibilities, they should provide safety equipment to reduce risks where necessary. This also include personal protective equipment (PPE) for employees which includes:
- Safety goggles
- Hard hats
- Work boots
- Safety overalls
If an employee is injured because they weren’t wearing PPE, then an employer might be liable if either they didn’t provide it, or they were aware staff were working without it when injured in a workplace accident.
Common Accidents At Work
Here are some examples of an accident at work in Scotland which could lead to a compensation claim:
Trips And Slips In The Workplace
Slipping and tripping at work are fairly common accidents that may lead to a claim, but not in all cases. The HSE provides guidance for employers to prevent their staff from slipping or tripping in the workplace which includes information on how to use grit in icy conditions to ensuring spillages are dealt with quickly and efficiently to reduce the risk of a slip.
Claims could be filed as a result of slipping on a wet floor because there were no warning signs. Other reasons could include the following:
- On damaged floors
- Trailing cables
- Poor lighting making trip hazards difficult to see
- A lack of handrails to support you
If you’ve slipped at work and you believe your employer was responsible, give us a call to see if we could help you make a claim.
Manual Handling Accidents
Under health and safety guidelines, employers should try to remove the need for manual handling wherever possible. In cases where it can’t be avoided, employers need to ensure:
- Full training is provided on safe lifting methods
- Heavier loads are stored at lower heights
- Heavy loads don’t need to be lifted above shoulder height
- Ensure there are no obstructions if loads need to be carried over a distance
Failure to reduce the risks of manual lifting for staff which lead to injuries could mean compensation could be sought.
Vehicle And Transport Accidents
If you’re injured at work while operating a vehicle, or you’re involved in a collision with a vehicle, you might be able to seek compensation for any injuries sustained. Cases where the vehicle operator wasn’t trained (or licensed), wasn’t following correct procedures or the vehicle wasn’t fit for purpose due to a lac of maintenance, could all be reasons to begin a claim for compensation.
Accidents Caused By Faulty Machinery
Another of the duties that fall to employers, is to ensure equipment and machinery is fit for purpose. If an accident occurs because of a machine fault, then the victim might want to seek compensation for their injuries.
Employer’s won’t always be to blame but if they’ve been told about a fault and not repaired it, or they didn’t maintain the equipment according to the manufacturer’s procedures, a claim might be possible if the fault causes an injury.
Examples Of Injuries In The Workplace Leading To Accident At Work Compensation In Scotland
According to government statistics, the most common accidents at work are slips, trips and falls, handling accidents, being struck by a falling object or falls from height.
The types of injuries sustained can vary widely in severity but could include:
- Back injuries
- Head injuries including concussion
- Fractures and broken bones
- Ligament and tendon damage
- Other soft tissue damage
If you’re involved in an accident at work in Edinburgh, an accident at work in Glasgow, or in any other Scottish city and sustain injuries such as those listed above, we could help you claim compensation for your injuries. Please discuss your claim with one of our advisers today.
Accident At Work In Scotland Compensation Calculator – Updated October 2021
To help you work out the amount of compensation for an accident at work that you might receive, we’ve included the workplace injury compensation table below.
|Injury Type / Body Part||Severity||Max Payment||Comments|
|Finger injury||Minor to severe||Up to £21,920||In this range, injuries begin with soft tissue damage and up to injuries resulting in amputation of a finger or fingers.|
|Thumb injury||Minor to severe||Up to £48,020||In this range, injuries begin with tissue damage and the more serious cases resulting in the amputation of the thumb.|
|Back injury||Minor to severe||Up to £141,150||In this range, injuries begin with sprains and strains and up to more serious injuries that cause restricted movement and pain until healed.|
|Neck injury||Minor to severe||Up to £130,060||In this range, injuries begin with basic tissue damage and up to injuries which result in permenant pain movement loss.|
|Ankle injury||Minor to severe||Up to £61,120||In this range, injuries begin with basic ankle sprains, going up to complete permenant loss of function.|
|Foot injury||Minor to very severe||Up to £96,120||In this range, injuries begin with soft tissue damage type injuries and going up to loss of the foot by amputation.|
|Leg injury||Minor to severe||Up to £119,220||In this range, injuries begin with tissue damage injuries and up to a permenant disability.|
|Hand injury||Minor to serious||Up to £54,280||In this range, injuries begin with tissue damage through loss of use of the hand in the long term.|
|Wrist injury||Minor to severe||Up to £52,480||In this range, injuries begin with soft tissue damage and up to loss of the use of the wrist in the long term.|
|Arm injury||Moderate to severe||Up to £114,810||In this range, injuries begin with painful injuries which heal after a long time, to damage which is permanent and causing paralysis.|
As you can see, each injury has a severity associated with it. The severity will determine how much compensation you’ll receive. Therefore, your personal injury solicitor would need to show how severe your injuries were to ensure you receive the correct level of compensation.
What Other Types Of Compensation Could a Claim Include?
When your solicitor begins a claim for an accident at work in Scotland, they use a number of different elements which are known as heads of loss. Depending on your injuries and how they’ve affected you, different heads of loss can be used, including:
- General damages. These are usually claimed for in all cases. It’s the compensation shown in the previous section’s table. They cover the pain and suffering caused by your injuries
- Travel expenses. If you have to change your travel arrangements because of your injuries, which leaves you out of pocket, you could include the expense in your claim
- Medical costs. While you’ll usually receive free NHS treatment for your injuries, you might have to pay for medicines either on prescription or over the counter. You could claim these costs back
- Care costs. Some injuries mean that the claimant needs professional care to assist them while they’re recovering. If that happens, the cost could be something a solicitor would look to claim back
- Lost income. If you have to take sick pay while you recover from your injuries, which is less than you’d normally earn, you could claim the difference back. If you need time off in the future, you could claim for future loss of earnings too
- Personal property damage. If any item of your own property is damaged during your accident at work, you might be able to include the cost of replacing the item in your claim
The financial parts of the claim listed above are known as special damages. The idea of special damages is to ensure that an accident doesn’t leave you worse off, financially, than you were before it happened.
You’ll need to be able to demonstrate how they were linked to your injuries. To prove these expenses, try to keep hold of receipts or bank statements. If you’re unsure about any spending, check with your solicitor first. It’s better to be certain you’ll be able to include a cost within your claim than to find out later that you’re out of pocket.
How Long Do You Have To Claim For An Accident At Work?
All accident claims need to be made within the personal injury claims time limit. Currently, the time period for claims is 3 years. This either begins from the date of your accident or from the date any type of health issue is diagnosed by a doctor which can be linked to the injury you sustained.
If you’re thinking about making a claim for an accident at work in Scotland, try to give us plenty of time to work with. Your solicitor would require enough time to gather evidence, research the claim and prepare it. Therefore, try not to leave your claim right until the last minute. This could improve your chances of making a successful claim.
No Win No Fee Claims For Accidents At Work In Scotland
When making a claim for an accident at work in Scotland, many people worry about the costs involved. That’s why our accident claims solicitors offer a No Win No Fee claims service when they take a claim on.
The agreement is actually known as a Conditional Fee Agreement (CFA). It states that you won’t need to pay the solicitor any fees up front or if they fail to win compensation for you.
If they are successful, and you receive compensation, you’ll pay them a success fee. This is explained in the CFA, so you know what you’ll pay right from the start. Should your case not be successful, there would be no success fee to pay for the services a personal injury solicitor provided.
Because you don’t need to make any payments to your solicitor, we believe that No Win No Fee terms offer the easiest way to make a claim. It removes the financial risk involved and means the whole process is a lot less stressful.
Talk To An Accident At Work Solicitor About Accident At Work Compensation In Scotland
Now that you’ve reached the end of this guide about claiming accident at work compensation in Scotland, we hope that you’d like to use Accident Claims UK to begin your claim.
To get in touch with us today, you can:
- Call our accident helpline on 0800 073 8804. It’s free to call and advisors are ready to discuss your claim right away.
- Use our live chat feature. You can chat online with an advisor, 7 days a week.
- Send a message via email to firstname.lastname@example.org.
- Or, to have us call you back at a suitable time, you can use our online claims form.
When you do get in touch, we’ll begin by offering a free assessment of your claim. You can tell us what happened, and we’ll let you know if you could begin a claim or not. We’ll also provide free legal advice about your claim and what else you could do to progress it.
FAQs About Accident At Work Compensation In Scotland
Do I need to look for a local solicitor to claim accident at work compensation in Scotland?
It might be somewhat surprising for you to learn that you do not have to use a local solicitor when claiming accident at work compensation in Scotland. No matter what the accident or the nature of your injury, if your employer could be held liable for your injuries you could use a solicitor based anywhere in the UK. However, not all law firms and solicitors offer the same levels of service. This is why you might want to investigate the solicitors you’re considering using carefully before making your choice. After all, they could have a significant impact on the amount of compensation that you receive and the success of your claim. We would urge you to investigate whether the solicitor you’re considering has good reviews, and is authorised and regulated by the Solicitors Regulation Authority. We would also advise you to look for one that works on a no win no fee basis. I would be happy to connect you with such a solicitor no matter where in Scotland your accident happened.
Is it a legal requirement to have a solicitor to claim accident at work compensation in Scotland?
It isn’t a legal requirement for you to have a personal injury solicitor to help you with your case. However, there are many reasons that claimants prefer to work with legal professionals on their case. Firstly, they may wish to have all of the complex legal legwork taken off their shoulders. Secondly, many claimants could see having a solicitor as being their best chance to get the maximum compensation possible for their claim.
Further Scottish Work Accident Information Relating To Accident At Work Compensation In Scotland
Finally, to help you further, we’ve provided some more information by the way of guides, links and other resources which could help you further.
Health and Safety Scotland – Guidance from the HSE about health and safety issues in Scotland.
Workplace Health and Safety – A guide from the Scottish government about safety in the workplace.
NHS Scotland – Information from the Scottish NHS. You’ll find all sorts of useful information including what to do following certain injuries.
Accident at Work Claims – Another, more generic, guide explaining what to do in the event of an accident at work.
Slips, Trips and Falls – A detailed guide about slips, trips and falls. Includes a personal injury claims calculator which explains what amount of compensation you could receive.
Concussion Injury Claims – Explains the amount of compensation you might receive for different accidents which result in concussion.accident at work in Scotland