Have you been injured in an accident at work that was your employer’s fault? Depending on the severity of your injuries, you may not be able to work for a prolonged period of time. You may have had an accident at work, and a loss of earnings may have been sustained as a result. If so, this guide will help you understand when you might be eligible to seek compensation.
I had an accident at work, could loss of earnings be included in my claim?
You might be thinking:
- Can I sue for a loss of earnings?
- How can I claim for a loss of earnings?
- How much can I get for a loss of earnings due to an accident at work?
This guide aims to answer these questions, as well as explore the other losses that can be considered when you seek compensation.
Additionally, we will explore the duty of care that your employer owes you and how it can be breached. We will also explore how an accident could occur in the workplace due to the breach of your employer’s duty of care.
Please continue reading to learn more. Alternatively, if you would prefer to speak directly with one of our advisors, you can do so. They are available to offer free legal advice 24/7 and can help you with your potential claim. To get in touch:
- Call the number at the top of the page
- Fill out our contact us form
- Use the live chat feature
Choose A Section
- What Is A Loss Of Earnings After An Accident At Work?
- How Do Staff Get Hurt In Work?
- What Is The Process Of Claiming For A Loss Of Earnings After An Accident At Work?
- Determining Compensation For Injuries At Work
- What Are The Benefits Of No Win No Fee Agreements?
- Learn More About Claiming For A Loss Of Earnings After An Accident At Work
What Is A Loss Of Earnings After An Accident At Work?
A workplace accident could happen in a number of ways. However, not all workplace accidents will form the basis of a valid personal injury claim.
Employers have a duty of care to take all reasonable steps to remove or reduce the risk of any known hazards in the workplace. If that duty of care is breached, and you are caused harm as a result, this is known as negligence and you could be eligible to claim.
The harm you sustain at work could affect you in various ways. For example, you could suffer a broken leg that causes you physical pain and suffering. It could also mean you cannot carry out your normal activities. As a result, you experience an impact on your mental health. Additionally, you may not be able to return to work leading to you losing income.
If you are unable to work due to an accident at work, a loss of earnings may be included in your compensation settlement.
If you have any questions regarding compensation, please get in touch with one of our advisors.
What Do The HSE Say About Work Accidents?
The Health and Safety Executive collates workplace accident statistics based on reports they receive from employers and employees. Employers are required to report certain accidents and injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Employees can make self-reports to the Labour Force Survey.
According to their health and safety statistics:
- 441,000 working sustained a non-fatal injury at work as per employee self-reports made to the Labour Force Survey
- 51,211 employees sustained non-fatal injuries as reported by employers under RIDDOR
How Do Staff Get Hurt In Work?
As mentioned, employers have a duty of care. This is outlined in the Health and Safety at Work etc. Act 1974. As part of their duty of care they have several responsibilities, such as carrying out risk assessments, providing adequate training and necessary personal protective equipment (PPE). A failure to uphold their duty of care causing you to sustain harm could mean you’re eligible to make a personal injury claim.
Examples of how your employer can breach their duty of care, leading to an accident at work, include:
- There could be a trailing lead that has not been effectively covered in the office. Subsequently, you trip and fall on it and sustain a severe neck injury.
- Despite having a reasonable time to clear or signpost a spillage after being made aware of the issue, it remains there. Consequently, you may have slipped at work on a wet floor and suffered a serious back injury.
- A hostile work environment that your employer has created could see you suffer from stress, anxiety and depression. The PTSD you endure as a result of this could keep you out of the workplace for a prolonged period of time.
To see if you could be entitled to make a claim following an accident at work for loss of earnings and the pain and suffering you have experienced, get in touch with a member of our team.
What Is The Process Of Claiming For A Loss Of Earnings After An Accident At Work?
There are a number of steps you can take in the aftermath of an incident, but first, you should always seek medical attention. This allows you to get the treatment that you may require but also generates medical records that can also be used as evidence.
When making an accident at work claim, it is essential to gather as much evidence as possible. As such, you could:
- Acquire witness contact details – A witness statement could be collected at a later date.
- Request CCTV footage – You can request any footage of the incident and/or the scene of the incident.
- Take photographs – Take pictures of the scene of the incident and/or our injuries
- Gather other documents – This can include a report from the workplace accident book.
One of our advisors can help provide more information on the evidence you can gather to support your claim. Do not hesitate to get in touch to find out more.
Determining Compensation For Injuries At Work
If successful, your accident at work compensation may be made up of general and special damages.
General damages account for any pain and suffering caused by the injuries you sustained, both physical and psychological.
We have drafted a table using compensation amounts from previous court cases which are laid out in the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to aid them when valuing the general damages portion of settlements.
However, each personal injury claim is unique, therefore these figures should only be used as a guideline.
| Injury | Severity | Guideline Compensation Bracket | Details |
|---|---|---|---|
| Head | (c) Moderate (ii) | £90,720 to £150,110 | Moderate to modest intellectual deficit resulting in the capacity to work being considerably lowered as well as a risk of epilepsy. |
| Head | (e) Minor | £2,210 to £12,770 | If brain damage is sustained, it will be minimal. |
| Arm | (a) Severe | £96,160 to £130,930 | Injuries in this bracket fall short of amputation but are still extremely serious. |
| Arm | (c) Less severe | £19,200 to £39,170 | The person will have a significant disability but will have made a significant recovery. |
| Back | (a) Severe (ii) | £74,160 to £88,430 | Nerve root damage that results in hindered mobility, bladder and bowel problems and unsightly scarring, for example. |
| Shoulder | (a) Severe | £19,200 to £48,030 | Neck injuries that involve brachial plexus damage. |
| Shoulder | (c) Moderate | £7,890 to £12,770 | Symptoms such as limitation of movement or pain is present for around 2 years due to frozen shoulder. |
| Leg | (b) Severe (iii) | £39,200 to £54,830 | Serious compound or comminuted fractures or injuries to joints or ligaments causing prolonged treatment and other issues. |
| Foot | (f) Moderate | £13,740 to £24,990 | Displaced metatarsal fractures leading to deformity that's permanent and symptoms that are ongoing. |
| Hand | (b) Serious | £55,820 to £84,570 | Injuries that cause a cosmetic or functional permanent disability. |
Special damages reimburse you for any financial losses you suffer due to the accident. For example, if you have had an accident at work, loss of earnings could incur if you had to take time off work. This could be compensated for under special damages. Other costs that could be compensated for include:
- Home adaptations
- Care costs
- Medical expenses
You must provide evidence of these losses to claim them back, such as payslips and bank statements.
What Are The Benefits Of No Win No Fee Agreements?
Being represented on a No Win No Fee basis could be beneficial. Under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement, you don’t have to pay for the services your solicitor provides you with if your claim fails.
Although if your case is won and you are awarded compensation, you will have to pay a success fee. This is taken as a legally capped percentage.
Ask Our Advisors About Making A Work Accident Claim
If you’re still wondering ‘I had an accident at work, could loss of earnings be included in my settlement?’, get in touch with our team. You can:
- Call the number at the top of the page
- Fill out our contact us form
- Use the live chat feature
Learn More About Claiming For A Loss Of Earnings After An Accident At Work
We have included some additional reading:
- Statutory Sick Pay (SSP) – A guide on SSP via the government website
- Royal Society for the Prevention of Accidents – A charity that provides guidance with the aim of preventing accidents
- HSE – How To Make A RIDDOR Report
We have also provided you with some of our own guides that you might find useful:
- What is the maximum accident at work claim time frame?
- What is the time limit on accident at work claims?
- How do I find the best accident at work claims company?
Thank you for reading our guide exploring the question ‘I had an accident at work, could loss of earnings be included in my claim?’. If you have any other questions, please get in touch on the number above.
Writer Beck Perch
Editor Meg MacAllister