Could I Claim Compensation For A Workplace Accident?

Welcome to our guide on workplace accident claims. Have you sustained an injury at work? Could you prove it was the fault of your employer? You could potentially claim compensation.

workplace accident

A guide to claiming after a workplace accident

If you are injured at work, it could potentially negatively affect your quality of life. Depending on the injury, you may find yourself with a disability, more dependent on others, or unable to work entirely. Being injured could also possibly result in you having to pay out of pocket for unexpected costs, such as independence supports, e.g. a wheelchair, or adaptions to the home. Claiming a compensation payout could help with this. 

Continue reading to find out more about workplace accident claims. If you would like to get in touch with us directly, use the number at the top of this page, or fill out our online contact form. Someone will respond to your query as soon as possible.  

Choose A Section

  1. Could I Claim Compensation For A Workplace Accident?
  2. Accident At Work Examples
  3. What Evidence Do I Need To Prove A Duty Of Care Breach?
  4. Estimating Compensation For A Workplace Accident
  5. Is A No Win No Fee Agreement Better For My Case?
  6. Further Guidance About Workplace Accidents

Could I Claim Compensation For A Workplace Accident?

It is important to note that you can only make a workplace accident claim if your employer breaching their duty of care caused your injuries.

What is your employer’s duty of care?

Under the Health and Safety at Work etc. Act 1974, your employer is obligated to take all reasonably practicable steps to ensure the safety of employees. This could include providing the correct Personal Protective Equipment (PPE) where necessary and training and assessing the workplace for any hazards that could cause an accident. 

You would not be able to make a claim against your employer if they had done everything within their duty to keep you safe, but an accident at work still occurred.

You should also know that you can potentially claim for any psychological damage you have experienced as a result of the accident, even if you are not physically injured. 

Statistics For A Work Accident

This section explores what the relevant statistics can tell us about workplace accidents. The statistics in this section are from the Health and Safety Executive (HSE), Britain’s regulator for health and safety at work. Their statistics show that employers reported 51,211 employee non-fatal injuries in 2020/21. 

Another collation of statistics from the HSE showed that 162,000 workers reported suffering from a new case of work-related musculoskeletal disorders in 2020/21. 45% of these were in the upper limbs or neck, 39% were in the back, and 16% were in the lower limbs. The statistics also show that construction is considered the top industry with a higher than average rate of musculoskeletal disorders. 

Accident At Work Examples

If your employer is negligent, there are a variety of ways in which you could come to harm at work. This section will look at a few examples. 

The HSE states that falls, trips and slips on the same level are the most common cause of non-fatal workplace accidents. For example, if your employer had not assessed your environment properly for hazards, you could potentially slip on spilt liquid, such as oil. This could lead to a head injury and possible fractures. 

The second most common cause of injuries in the workplace is carrying, lifting or handling. An example of how you might be harmed this way is if you work as a delivery driver and have to load heavy, bulky or awkwardly shaped cargo on and off an HGV. If your employer did not provide you with proper manual handling training, you could potentially suffer a back injury. 

This section is not exhaustive. There are many more ways in which your employer’s negligence could lead to a workplace accident. For more details, get in touch with us today. 

What Evidence Do I Need To Prove A Duty Of Care Breach?

If a workplace accident has caused you injury, we first recommend you seek medical help. 

Once you have received medical attention, you could start to gather evidence to strengthen your case. A lawyer is not necessary for this, but they can guide you through the claims process with expertise. Some evidence types could include:

  • Medical reports
  • Witness contact details
  • Accident report records
  • Photographs
  • CCTV recordings

Organisations with over ten employees in a workspace must have an accident logbook on site. Any accidents that occur in the workplace should be logged here, which could also be helpful evidence to strengthen your claim. 

Estimating Compensation For A Workplace Accident

The compensation table in this section looks at what you could receive for a variety of injuries that could occur in a workplace accident. These figures are in the Judicial College Guidelines, which is helpful in evaluating general damages. General damages in personal injury claims compensates you for the pain and suffering you have experienced due to the accident. 

You will attend a medical evaluation of your injuries for a more accurate assessment of general damages. 

Pelvis & HipsSevere (iii)£36,770 to £49,270Fractures that could necessitate hip replacement surgery and lead to degenerative changes and leg instability.
Elbow(A)£36,770 to £51,460Severely disabling injury.
Arm(B)£36,770 to £56,180Result will be some form of substantial and permanent cosmetic or functional disability. There could be fractures to both forearms.
Clavicle-£4,830 to £11,490A fracture. Compensation will depend on the severity of the fracture, any disabilities and symptoms and whether temporary or permanent.
NeckModerate (ii)£12,900 to £23,460Disc lesions, wrenching-type or soft tissue injuries. There may be recurring pain, the possible need for surgery and a serious limitation of movement.
Work-Related Upper Limb Disorders(A)£20,560 to £21,700This may include tenosynovitis, De Quervain's tenosynovitis, stenosing tenosynovitis, carpal tunnel syndrome and epicondylitis. This bracket covers continuing bilateral disabilities with surgery and a related loss of employment.
Head/BrainMinor£2,070 to £11,980If brain damage is present, it is minimal. Compensation will depend on recovery period, symptoms and the severity of the injury.
BackMinor (i)£7,410 to £11,730Full or nuisance level recovery takes places without surgery within 2-5 years.
AnkleSevere£29,380 to £46,980It will be necessary to undergo an extensive recovery period, with some time in plaster or pins and plates. There will be a significant disability.
FootModestUp to £12,900Simple fractures, puncture wounds and ruptured ligaments.

If you have suffered a financial deficit due to the accident, you can claim specific costs back as part of special damages. You can also claim for calculable financial issues you may experience in the future. Special damages examples:

  • Lost wages
  • Adaptions to the home
  • Travel expenses
  • Medical treatments not covered by the NHS
  • Independence supports, such as crutches

You must prove that your costs were directly related to your accident. For example, you could show receipts for travel costs or invoices for adaptions to the home. 

Is A No Win No Fee Agreement Better For My Case?

No Win No Fee agreements could be beneficial for you for a number of reasons. If you are already financially struggling, a No Win No Fee agreement could help you feel more secure about hiring legal representation. 

There are no upfront fees to pay, nor do you pay fees during the claims process. Also, your lawyer only requires payment if your case succeeds. Even then, it is only a legally capped success fee from your compensation amount so that you can keep most of your payout. If your case fails, your solicitor won’t ask for their fee at all. 

Telephone Us To Make A Workplace Accident Claim

The experienced solicitors on our panel offer their services on a No Win No Fee basis. They have years of experience to bring to your claim and can help you through the process to make it as easy as possible for you. 

If this sounds appealing to you, call the number at the top of this page today, or fill out our online contact form

Further Guidance About Workplace Accidents

We hope you found our article about workplace accident claims helpful. For further guidance, see below. 

Expenses and Benefits – The government guide to compensation for injuries at work. 

Statutory Sick Pay – This government page explains how to claim SSP if you have had to take time off work. 

Royal Society for the Prevention of Accidents – This registered UK charity aims to prevent accidents by providing advice and guidance. 

Other Work Accident Claims Guides

Thank you for reading our workplace accident claims article.