By Martin James. Last Updated 8th February 2021. Within this guide, we are going to discuss no win no fee compensation in greater length. Under UK law, employers are expected to provide safe working environments and comply with the health and safety guidelines set out in the Health and Safety at Work etc. Act 1974. If they are in breach of their duty of care to ensure the safety of their employees to the best of their ability, and someone is hurt as a result of this negligence, the employer maybe deemed responsible for any injuries sustained and therefore if sued, liable to pay compensation.
If you have hurt yourself at work whilst in the workplace or when carrying out work duties, and it was due to employer negligence, you could be eligible to receive a compensation award. In order to give yourself the best chance of making a successful no win no fee compensation claim, it is a good idea to hire a personal injury solicitor that has experience in work-related injury claims. Accident Claims UK has a team of expert personal injury lawyers that can help you to get the compensation you deserve, just give them a call on 0800 073 8801 and they will do their upmost to assist you with your no win no fee compensation claim.
Select A Section
- A Guide To Compensation Claims If You Hurt Yourself At Work
- What Is An Accident In The Workplace?
- What Happens If I Hurt Myself At Work?
- Employer’s Duty Of Care To Employees
- Am I Eligible To Compensation If I Hurt Myself At Work?
- Could I Claim Compensation If I Hurt Myself At Work When Self Employed?
- Could I Claim Compensation If I Hurt Myself Working For An Agency?
- Should I Get Paid If I Hurt Myself At Work?
- Could My Employer Sack Me If I Make A Claim?
- What Am I Eligible To Claim If I Hurt Myself At Work?
- Hurt In A Work Accident Compensation Calculator
- No Win No Fee Claims For Compensation If You Hurt Yourself At Work
- How We Could Help You Claim Compensation If Hurt At Work?
- Talk To An Accident Claim Solicitor
- Other Helpful Guides
It is an employer’s responsibility to provide a safe working environment, to achieve this they may need to provide any personal protective equipment necessary to safely fulfil work duties and carry out appropriate risk assessments to address any potential dangers that are found when carrying out work tasks to ensure they can be conducted in a safe manner. If they fail in their responsibilities resulting in an employee suffering an injury, they could potentially be sued for damages.
If you have hurt yourself at work and it wasn’t your fault, you may be looking to make a no win no fee compensation claim against your employer for compensation. However, making a claim can be a complex process that unfortunately isn’t always straight forward. We have produced this guide to enable you to gain an understanding of what is involved in making a compensation claim, and the guide will address some of the most common questions such as ‘What happens if I hurt myself at work?’ or ‘Should I get paid if I hurt myself at work?’, or ‘I hurt myself at work and didn’t report it, can I still make a claim?’ and so on. We look at what is considered as an accident in the workplace, an employers duty of care to their employees if you can make a claim if you are self-employed and have been hurt at work, whether your employer could give you the sack if you are hurt at work.
We also look at what level of amounts of compensation may be paid out in accordance with the latest Judicial College Guidelines depending on what type of injury you have sustained and the severity of it, and also discuss what can be included in your no win no fee compensation claim as well as touching on the benefits of hiring a no win no fee personal injury lawyer. Once you have read through the guide you will hopefully have a better understanding of making a work injury claim, but if you require further help and guidance or would like to speak to an experienced personal injury solicitor, please don’t hesitate to contact Accident Claims UK.
There are many kinds of accidents that could occur in the working environment, some will result in minor injuries, but some in severe and life-changing injuries. Some accidents are purely an occurrence that just couldn’t be helped, but in other cases, an accident in the workplace is the result of negligent behaviour or failure to comply with health and safety rules and regulations, and therefore accidents that could’ve been prevented. Below are some examples of accidents and workplace injuries which may occur whilst in the workplace or carrying out work duties:
- Impaired sight or loss of sight
- Broken or fractured bones
- Severe – minor strains or sprains
- Impaired hearing or loss of hearing
- Severe – minor head injury, loss of consciousness
- Crushing injuries
- Serious-minor burns and scalds
- Slip, trips and falls
- Lifting and handling
- Machinery accidents
- Accidents involving work vehicles
- Accidents where someone is struck or had something fall on them
- Falling from a height
Others injuries which may be resultant from being in the workplace, including injuries that may not be apparent immediately but may develop over time, include:
- Cramp in the hands and feet
- Carpal tunnel
- White vibration syndrome
- Asthma and lung disease
If you have suffered an avoidable injury due to an accident at work, or due to ongoing negligence at work, you may be eligible to make a compensation claim, Call us at Accident Claims UK for expert help and advice.
‘I hurt myself at work, what should I do?’ There are a number of steps you should take if you are injured whilst at work, these include:
- Always report any accident or injury to your employer and make sure it is recorded in the work’s accident book. All employers are legally required to have an accident book available at all times.
- Make sure to have your injuries assessed by a medical professional and seek any treatment necessary. Ask for a record of this.
- If possible, take some photographs of your injury, also take photos of the cause of the accident and the accident site.
- Take note of any witnesses contact details. When making a claim, witness statements can be a huge help in proving liability, the more, the better.
- If you have had any expenses as a result of the accident, such as medical, travel, and also any loss of earnings, keep all receipts so that if you make a claim, you can include these.
If someone is hurt at work, employers can only be found liable if it was due to an accident or incident that could’ve been prevented. Employers are expected to follow the government set health and safety rules and regulations and carry out regular checks, reviews and risk assessments to ensure work tasks can be undertaken in the safest way possible. Obviously there are occupations that are naturally hazardous but as long as the appropriate health and safety procedures are in place and followed correctly to reduce the risks to a minimum, it is unlikely that an employer would be deemed as negligent in their duty of care and therefore a claim for compensation may be unsuccessful. However, if an accident occurs and someone is injured, or if someone develops an injury or illness over time due to poor working conditions, and its found that the correct health and safety policies and procedures were not in place or not being followed as they should, the employer may then be seen as acting negligently and so responsible for the injury or illness.
An employer’s duty of care is basically a company’s legal and also ethical obligation to prevent, as best as they can, not just physical harm to their employees, but also psychological harm too. Just as with carrying out a risk assessment for physical duties, employers should also do similar checks to ensure an employees’ work load isn’t so large that stress levels are drastically high which could result in mental health issues as well as cause physical symptoms. An employer’s duty of care accounts for a whole range of potential problems that may happen in the workplace that could affect someone’s health and it is their responsibility to put prevention methods in place and to address any problems brought to their attention immediately to make improvements. For example, if an employee was starting to suffer back and neck problems due to their work station being at the incorrect height causing them to stoop or slouch, then their employer will need to make alterations to remedy the problem.
If you believe your injury or illness has been caused by your employer’s negligence in their duty of care and wish to speak to an experienced personal injury lawyer, call Accident Claims UK and they may be able to help.
Although it is an employer’s responsibility to take care of their staff’s safety and well-being whilst at work, employees also have a certain degree of responsibility for their own safety and well-being as well. For example, the employer may have the responsibility to provide training, personal protective equipment and so on, but it is the employee’s responsibility to actually put their training into practice or make use of the protective equipment they have been supplied with. Whether you have hurt your head at work, hurt your eyes at work or hurt your back at work for example, if the cause was solely your fault, your claim would be invalid, however, depending on the circumstances involved, if it can be proven that although you were slightly to blame much of the responsibility was on your employer meaning you maybe able to claim a reduced percentage of compensation.
Many self-employed people presume that because they are self-employed if they are hurt at work due to an accident that was not their fault, they will not be eligible to compensation. Self employed workers do not have exactly the same rights across the board as employed workers however where health and safety is concerned, for instance, if contracted by a company, they should still be provided with the same safe working conditions as the company’s employees. If a self-employed person is working out on a site somewhere and suffer an injury due to an accident that could have been avoided had the site manager or operated implemented the correct health and safety procedures, they could make a claim for any suffering caused.
Regardless of whether you are full time employed, part-time employed, a temporary worker or an agency worker, the company or person employing you has a duty of care, equal to all, to provide a safe working environment and take all the necessary steps in accordance with the Health and Safety At Work Act 1974. According to UK legislation, temporary and agency workers from the day you start work you have a worker’s employment rights. If you are hurt at work in the UK, if it was through no fault of your own, but due to third party negligence which could have been avoided, you may be entitled make a compensation claim in the same way as a permanent employee could.
An employer has a responsibility to:
- Provide relevant training for the job in hand.
- To provide personal protective equipment and clothing if necessary.
- To ensure all machinery and electrical equipment has been checked and tested regularly to make sure they are fit for use.
- To ensure the workplace meets the legal requirements for health and safety.
- To ensure that all staff, regardless of whether temporary, permanent or agency staff, are made aware of any potential hazards and ways to minimise any risks
‘Should I get paid if I hurt myself at work?’ is a common question we are often asked when someone has had to take time off work due to an injury that has occurred at work. Depending on your circumstances, you may be entitled to statutory sick pay (SSP) which can pay a minimum of £94.25 per week for 28 weeks but this would depend on your employer’s sick pay policy, and there is a basic criterion which you need to meet before being entitled. SSP entitlement criteria includes:
- You have officially started work for your employer
- You earn at least £118 per week on average before tax
- You need to have been sick for a minimum of 4 consecutive days
- Follow the rules set out by your employer concerning sick pay
There are some people however that will not be entitled to SSP, these include:
- The self-employed
- Have already received SSP for 28 weeks which came to an end within the last 8 weeks
- Have had employment and support allowance within the last 12 weeks
- Are receiving maternity allowance or statutory maternity pay
- If you are pregnant with less than 4 weeks until baby is due and the illness is related to your pregnancy
- Have had a baby in the last 14 weeks, or 18 weeks if the baby was born up to 4 weeks early
- Are in the armed forces
- Are being detained by the police or in prison
- Are an agricultural worker – there is a different policy in place, please refer to the following link – https://www.gov.uk/agricultural-sick-pay
If you have had to take time off of work due to an preventable injury that occurred in the workplace, if you are not entitled to SSP, you may be able to re-cover lost earnings by making a personal injury claim. Speak to Accident Claims UK for further advice and guidance on this matter.
You cannot be sacked if you have made valid and honest claim, this would be classed as unfair dismissal and they would find themselves in a lot of trouble. Your employer has a duty of care to you to provide safe working conditions and if they fail to do this and you are injured as a result, then they will be held responsible for your injury. All employers are legally required to have public liability insurance, it would be through the insurance that your compensation would be paid should you make a successful claim. If you have any concerns about making a claim against your employer, or wrongful dismissal, please speak to one of our expert advisors at Accident Claims UK and we can help you decide on the best course of action to take.
When making a claim for compensation for an injury or illness, there are a number of components the final settlement amount of the claim is made up of, these include:
- General Damages – These are basically the physical or psychological aspects of the claim. The amount paid out will depend heavily on the type of injury, how severe it is, how long it may last, and the overall effect it has had on your physical and mental health and well-being. Typically, the more severe an injury and its effects are, the higher the compensation award.
- Special Damages – These are the monetary effects your injury or illness has had and include:
- Medical Expenses – If you have had to pay for any private medical care, or any treatments, prescription costs, counselling costs and so on, you can include these in the claim.
- Travel Expenses – Any travelling you have had to do such as to and from your GP or hospital appointments for example, due to your injury, whereby you have used fuel or needed public transport tickets etc, can be included in your claim. Also, if you have had to make vehicle adaptions or had to purchase a special disability vehicle as a result of your injury, these costs also come under expenses and can be included.
- Care Claim – If you have needed extra help around the home, a care claim can be filed.
- Loss of Earnings – Any loss of income can be re-claimed in accordance with your current pay scale. Or future lost potential earnings.
Be sure to keep any receipts of any costs that you have incurred due to your injury as, without proof of the expenses, they cannot be included in your claim settlement amount.
‘If I hurt myself at work, how much compensation could I receive?’ is one of the first questions we are asked when someone enquires about making a work injury compensation claim, but due to the number of variables in each individual case, we cannot accurately predict exactly how much you would receive should you make a successful claim. However, we can show what the payment brackets are for certain injuries in accordance with latest Judicial College Guidelines so you can at least get an idea of the scale of compensation you might receive, please refer to the table below:
|Location of injury||Compensation (With Uplift)||Injury Comments|
|Hand Injuries||£140,660 to £201,490||Total or Effective Loss of Both Hands|
|Hand Injuries||£55,820 to £84,570||Serious Damage to Both Hands|
|Hand Injuries||£29,000 to £61,910||Serious Hand Injuries|
|Leg Injuries||£97,980 to £132,990||The Most Serious|
|Leg Injuries||£54,830 to £87,890||Very Serious|
|Knee Injuries||£69,730 to £96,210||Severe|
|Knee Injuries||£14,840 to £26,190||Moderate|
|Ankle Injuries||£50,060 to £69,700||Very Severe|
|Ankle Injuries||£13,740 to £26,590||Moderate|
|Toe Injuries||£13,740 to £21,070||Severe|
|Toe Injuries||Up to £9,600||Moderate|
If your particular injury or illness is not shown, just call us at Accident Claims UK and we can advise you on your particular case.
For many people, making a claim for compensation, even though they are well within their rights to do so, isn’t a possibility due to the sheer costs of legal expenses involved. However, with a no win no fee claim, hiring legal representation is completely affordable. With a no win no fee policy, there are no upfront costs and payment of claim fees is only expected if the legal firm running the claim is successful in winning the case and compensation is awarded, the fees are then paid as a small percentage of the overall settlement award. If the case is not won however, then the legal fees for the legal firm conducting the claim will be covered by themselves. Please contact Accident Claims UK for more in depth information regarding no win no fee and the terms and conditions involved.
Accident Claims UK has a team of expert legal advisors and personal injury solicitors that pride themselves with their legal expertise, great customer service, fantastic track record and great no win no fee policy.
We always work on each case with due care and attention to make sure that we are covering every aspect of the claim in hand to enable us to get the highest compensation award possible that we can for our clients. We work in a timely but careful manner, keeping our clients informed every step of the way as well as offering our support for them with any worries or growing concerns they may have regarding their case. We always put 100% effort into each individual case big or small to get the compensation our clients deserve.
If you would like to speak to a personal injury solicitor, then please call Accident Claims UK on 0800 073 8801. Your call will be answered by one of our expert legal advisors who will offer you a free, no-obligation consultancy session to determine the facts surrounding the case and give you an opportunity to ask any questions you may have about the claiming process. We can then connect you with a suitable personal injury solicitor that is highly experienced in injury at work claims to take you forward with your claim.
Dismissed After An Accident At Work – This is one of our guides giving further information for those who are worried that making a claim against your employer could result in them giving you the sack and covers what happens if you need to sue your employer.
Self Employed Accidents At Work- More information can be found in this guide regarding claiming compensation for an accident as a self-employed worker.
HSE –Here you’ll find on the Government website further information regarding the Health and Safety at Work Act 1974.
Gov.UK –Also on the Government website, you will find all the details regarding your working rights.
Ankle Injury Guide – take a look at our guide to learn more about ankle injury claims.
Head injury Guide – click here to learn more about head injury compensation claims.
Elbow injury Guide – why not take a look at our guide to learn more about elbow injury claims.
No win no fee compensation FAQ
What happens if you lose a no win no fee case?
When a personal injury solicitor takes on your case under a No Win No Fee agreement, you have access to a wealth of benefits. For instance, if your case happens to be unsuccessful, then you would not be obligated to cover your solicitor’s legal fees.
What percentage do solicitors take for no win no fee?
Upon the grounds your solicitor attains compensation for your case, then they would retain 25% of the settlement. By law, this percentage is capped, however, please note that this will be discussed with your solicitor ahead of time.
How is success fee calculated?
A personal injury claim will take into account numerous variables to calculate how much you could be awarded. First and foremost, the type of injury you’ve endured, it’s severity, and long term implications will be taken into consideration and used to value your case.
Thank you for reading our guide on no win no fee compensation claims.