In this guide, we will look at how accident at work claims work. In order to claim, you need to show that your injuries were caused by your employer’s negligence.
This guide will explain what an accident at work is. We’ll also look at the frequency with which these accidents occur.
Accident at work claims explained guide
In addition to this, we’ll look at the time limits that apply to these kinds of claims. We’ll also include some examples of the compensation you could be awarded.
Our advisors can give you free legal advice, and if they believe you have a claim, they can connect you to a solicitor from our panel to work on your claim. To find out more, get in touch by:
- Calling us on the number above
- Contacting us through the website
Select a Section
- What Is The Definition Of An Accident At Work?
- How Often Do Accidents Happen In The Workplace?
- What Evidence Is Needed In Accident At Work Claims?
- Is There A Time Limit For Accident At Work Claims?
- Example Compensation Payouts For An Injury At Work
- No Win No Fee Accident At Work Claims – Am I Eligible?
- Connect With No Win No Fee Personal Injury Solicitors
What Is The Definition Of An Accident At Work?
The Health and Safety Executive (HSE) says that a workplace accident is one that occurs “out of or in connection with work”. This is according to their key definitions page.
Accidents at work can include:
- Slip and fall accidents
- Manual handling incidents
- Accidents with harmful substances
- Items falling on you from a height
Duty of care
Employers have a duty of care to take all reasonably practicable steps to ensure that. The Health and Safety at Work etc. Act 1974 outlines this duty of care, and The Workplace (Health, Safety, and Welfare) 1992 expands on this by explaining what steps employers should take to ensure the safety of their employees. This can include:
- Clean work areas
- Personal protective equipment
- Well-lit and well-ventilated work areas.
What your employer is expected to do as part of their duty of care will vary depending on the job role and industry. For example, a welder may need safety goggles and their employer failing to supply them would be negligence. However, there’s no expectation for a manager in an office to supply their employees with safety goggles.
A failure on the part of an employer to uphold their duty of care and keep workers safe is a breach. If a breached duty of care directly leads to an injury that wasn’t your fault, you may be entitled to compensation.
Why not speak to an advisor today? They may be able to answer your questions about accident at work claims. If your claim is valid, they could connect you to a solicitor from our panel.
How Often Do Accidents Happen In The Workplace?
In 2019/20, 65,427 non-fatal workplace injuries were reported, according to RIDDOR statistics. Below, we’ve included a graph showing the trend of non-fatal workplace injuries over the last five recorded years across all injuries.
Over the five years covered by these statistics, we can see a small downward trend. This could indicate that injuries that need to be reported to RIDDOR may be becoming less common in the workplace.
If you want to ask us about accident at work claims, or would like advice about your own workplace injury, you can speak to our advisors for free legal advice, 24/7.
What Evidence Is Needed In Accident At Work Claims?
If you sustain an injury at work, seek immediate medical attention. This will enable you to get the treatment you need, and the record of this could be used to support your claim.
When you are well enough, consider speaking to a personal injury solicitor. This is not compulsory but it may make the claims process simpler.
After this, collect evidence to strengthen your claim. This can include.
- CCTV footage
- Photographs showing how the accident happened
- Contact details from key eyewitnesses
You will also be invited to a medical assessment as part of your claim. This will assess the extent of your injuries and will suggest the amount of compensation you could get.
To find out more about how a solicitor could help you during the accident at work claims process, speak to one of our advisors today.
Is There A Time Limit For Accident At Work Claims?
As per the Limitation Act 1980, there is a time limit for anyone looking to start a claim. Generally, you will have three years to start a claim.
This can run from the date of your injury. However, this can also be from the time you became aware that your injuries resulted from negligence.
However, if you were under the age of 18 at the time of your injury, the time limit will not start until you turn 18. Up until then, a litigation friend can claim on your behalf. Similarly, a litigation friend can claim on behalf of someone who doesn’t have the capacity to claim themselves. While the claimant is unable to pursue their own claim, the time limit is suspended.
If you are not sure about how much time you might have left for any accident at work claims, speak to our advisors today for free legal advice.
Example Compensation Payouts For An Injury At Work
We have provided a list of possible compensation amounts based on the Judicial College Guidelines. These figures are a guide and your injuries may not be listed. For a more accurate figure, speak to an advisor.
| Injury | Severity | Nature of incident | Possible compensation |
|---|---|---|---|
| Paraplegia | (b) | The figure that this injury could attract depends on the degree of pain they are in, life expectancy and the psychological impact the injury has had | £205,580 to £266,740 |
| Injury to the Head | (c) (i) Moderate Brain Damage | Could involve moderate intellectual difficulties, as well as a risk of epilepsy. | £140,870 to £205,580 |
| Injury to the Eye | (e) Complete Loss of Sight in One Eye | More compensation is applicable here if there has been scarring or other cosmetic damage in the eye area. | £46,240 - £51,460 |
| Injury to the Chest | (B) (a) Lung Disease | Where one lung is removed or the heart is seriously damaged. This could result in prolonged pain and suffering. | £94,470 - £127,530 |
| Injury to the Reproductive System | (b) Impotence | Involves sterility and total loss of sexual function in men. More compensation can be applied based on age and psychological effect. | In the region of £139,210 |
| Injury to the Neck | (a) (iii) Severe | Can involve severe injury to soft tissue as well as fractures to discs. | £42,680 - £52,540 |
| Injury to the Back | (a) (iii) Severe | Can involve disc lesions and soft tissue damage that can lead to chronic pain. | £36,390 - £65,440 |
| Injury to the Hip | (b) (i) Moderate | Can involve a significant pelvis injury such as a fracture but there is no future risk with this injury type. | £24,950 - £36,770 |
| Injury to the Elbow | (b) Less Severe Injuries | Can cause impairment of loss of function but will not require any major surgery. | £14,690 - £30,050 |
| Injury to the Wrist | (b) | Can require surgery but the injured party will retain some degree of movement. | £22,990 - £36,770 |
The above table highlights the compensation you can get for general damages. This is one head of compensation where you are awarded money for the pain and suffering your injuries have caused you.
Another head of claim you could receive is special damages. This is paid to you to financial losses sustained during the claim like lost wages, home adjustments you have been required to make, or travel fees. Remember to keep payslips and other kinds of evidence as this is vital in claiming special damages.
If you’d like to find out more about how much compensation you could be awarded and what you can do to increase the amount of compensation you’re entitled to, speak to an advisor today. They could offer you free legal advice about the process of claiming.
No Win No Fee Accident At Work Claims – Am I Eligible?
For those interested in accident at work claims, a No Win No Fee agreement can represent a good option for those seeking legal representation for a claim. If a solicitor represents you with a No Win No Fee agreement, you will not have to pay your solicitor’s fees if your claim is unsuccessful.
If you succeed, a success fee will be deducted from your compensation. This is legally capped, ensuring that you always get the majority of the compensation you’re awarded.
Because of this, a No Win No Fee agreement could be a great option for those who are hesitant about paying money upfront or during their claim. To find out more about how No Win No Fee might be useful, speak to our advisors today. You could be connected with a solicitor from our panel to represent you on this basis.
Connect With No Win No Fee Personal Injury Solicitors
If you’d like to find out more about No WIn No Fee or personal injury claims, why not get in touch with our advisors? You can do so by:
- Call us on the number above
- Contact us through the website
We have some other guides that you may find useful:
- Could I Claim Following A Workplace Accident?
- A Complete Guide To Making An Accident At Work Claim
- Finding The Right Work Accident Claims Company
- Calculating Compensation For An Accident At Work In The UK
- How To Make No Win No Fee Claims For An Accident At Work
- Your Rights After An Accident Has Hurt You At Work
- What Is Considered The Definition Of Accident At Works?
- How To Make A Work Accident Claim A Successful One In The UK
- How Do I Report An Accident At Work With A Report Form?
- The Time It Can Take To Make An Accident At Work Claim
- How Long Do I Have To Start My Work Injury Claim?
- Finding Accident At Work Lawyers Near You – Is It Necessary?
- I Had An Accident At Work And It Wasn’t My Fault – Can I Start A Claim?
- Making Personal Injury Claims For Work Accidents
- Analysing Accident At Work Statistics
- Accident At Work Laws – Which Are Most Important?
- Lookng At Examples Of Work Accidents
- What’s Needed To Make A Work Injury Claim A Success?
- No Win No Fee Work Injury Claims Explained
- The Time Limits Applied To Work Accident Claims
- The Standard Procedure Following Accidents At Work
- Accidents At Work – What Are Employees Rights When Injured?
- Accident At Work Claims – How Can I Make One?
- Compensation Calculator In The UK For Work Injury Claims
- The Benefits Of Working With An Accident at Work Lawyer
- How Long Does It Take To Complete A Work Accident Claim
- Advice On Witness Statements For Work Injury Claims
- A Guide To Receiving Sick Pay Following An Accident At Work
- Should I Use A Calculator For An Accident At Work Claim?
- Top Tips On Making An Accident At Work Claim
- Advice On Reporting Work Injuries You Could Claim For
Thank you for reading our guide on accident at work claims.