In this guide, we will explore how long an accident at work claim can take to put forward and settle. If you have suffered an injury at work due to your employer’s negligence, you may be able to seek compensation. This guide will explore the process of making a personal injury claim, including the steps you can take to strengthen your case.
A guide on how long an accident at work claim can take
Additionally, we will provide examples of workplace accidents to help you understand how an employer could act negligently.
Furthermore, this guide will explore how a No Win No Fee agreement offered by a solicitor from our panel could be beneficial to you.
Our advisors are on hand 24 hours a day, 7 days a week to offer you free legal advice, and to answer any of your questions. You can get in touch with us by:
- Calling the number at the top of the page
- Using our live chat feature
- Filling out the contact form on our website
Choose A Section
- How Long Does An Accident At Work Claim Take To File?
- Examples Of How Staff Could Be Injured
- What Is The Maximum Time Period To Make A Claim?
- Estimating How Much Your Accident At Work Claim Is Worth
- Is A No Win No Fee Agreement The Best Option?
- Further Information On How Long An Accident At Work Claim Takes To File
How Long Does An Accident At Work Claim Take To File?
You may be wondering how long an accident at work claim can take to put forward. However, it can depend on the specific circumstances of your claim. This is because each case is different, and so as the complexity and circumstances of the case differ, so may the time it takes to file.
Firstly, you would need to prove that the accident in which you suffered harm was caused by employer negligence. The process of doing so could involve gathering evidence to highlight that your employer breached the duty of care they owed you and caused you physical or psychological harm as a result.
Evidence you could provide might include:
- Medical records
- CCTV footage
- Reports from the accident book
- Pictures of the accident scene and your injuries
While it is not mandatory, it can also be helpful to get legal advice while you are preparing to claim. This can help you understand the legal requirements for putting forward a valid claim.
For more information on the process of filing an accident at work claim, get in touch on the number at the top of the page.
Findings From HSE Statistics
The Health and Safety Executive (HSE) records and publishes the accident at work statistics for Great Britain. This includes employer reports that are made under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
For the year 2020/21, there were a total of 51,211 people who suffered a non-fatal injury at work according to these reports.
For non-fatal injuries to employees in 2020/21, 33% were caused by slips, trips or falls on the same level, making it the most common accident kind reported under RIDDOR.
Examples Of How Staff Could Be Injured
The Health and Safety at Work etc. Act 1974 (HASAWA) is one of the most prominent pieces of legislation that outlines the health and safety regulations for the workplace. It also outlines the duty of care that employers owe their employees. This means that they need to take all reasonable measures to ensure an employee’s safety.
Below, we have included some examples of how accidents at work could occur as a result of employer negligence:
- Poor housekeeping: Walkways should be kept clear of clutter or obstructions to reduce the risk of injury. For example, if you slip, trip or fall over a trailing wire, it could lead to a fall on the same level and could lead to you sustaining a broken arm.
- Inadequate Personal Protective Equipment (PPE): Employers must provide any necessary PPE you need to do your job safely for free. For example, if you need a helmet in order to perform your role safely and weren’t provided one, it could result in you sustaining a concussion or a severe head injury.
- Lack of training: Your employer needs to provide you with adequate training that allows you to do your job safely for free. If they fail to do so, you could be injured. For instance, you could operate a forklift truck without the correct training, causing you and another employee serious multiple injuries.
These are not the only ways you could be injured as a result of negligence.
If your employer’s breach of duty of care has led to an injury and you want to find out whether you can claim, speak with an advisor for more information. They can discuss in more detail how long an accident at work claim can take to file.
What Is The Maximum Time Period To Make A Claim?
A workplace accident would fall under the umbrella of personal injury claims. These claims generally have a time limit of 3 years as set out in the Limitation Act 1980.
As such, the time limit would begin from the date of the accident or the date you gained the knowledge that you were injured as a result of negligence. However, there are exceptions to this rule.
For example, children under the age of 18 will have three years from the date of their 18th birthday to put forward their own claim. Before this point, the time limit is frozen and someone could apply to the courts to act as a litigation friend on their behalf.
Additionally, the time limit may vary for those who have a reduced mental capacity. In cases where the person recovers their mental capacity, the three years will start from the date of recovery. In other cases, the time limit is frozen. During this time, someone can apply to act as a litigation friend on their behalf.
If you would like to find out whether you’re eligible to put forward a claim, please call our team using the number at the top of the page.
Estimating How Much Your Accident At Work Claim Is Worth
The Judicial College produces guidelines that outline bracket compensation amounts that are based on previously settled claims. They correspond to different injuries and are often used by solicitors to calculate the general damages head of claim.
General damages is the head of claim which seeks to compensate for the pain and suffering you have experienced as a result of your injuries.
We have included figures from the most recent edition of the guidelines, published in April 2022. Please note, there are many different factors that go into calculating compensation, including the severity of the injury and the effects the injury has had on your day-to-day life. As such, these figures are not guaranteed.
| Types of Injuries | How Much? | Description |
|---|---|---|
| Back Injuries: Severe (a) (i) | £91,090 to £160,980 | Injuries in this bracket are the most severe, often involving damage to the spinal cord and the nerve roots |
| Back Injuries: Severe (a) (ii) | £74,160 to £88,430 | Cases in this bracket will have special features such as nerve root damage, impaired mobility and an impact on bowel and bladder function. |
| Shoulder Injuries: Serious (b) | £12,770 to £19,200 | Injuries in this bracket might include a rotator cuff injury that causes ongoing issues. |
| Injuries to the Pelvis and Hips: Severe (a) (iii) | £39,170 to £52,500 | Various injuries are included in this bracket, such as a fractured acetabulum that causes changes of a degenerative nature and other issues. |
| Arm Injuries: Less Severe (c) | £19,200 to £39,170 | Significant disabilities, with a substantial degree of recovery. |
| Elbow Injuries: Less Severe (b) | £15,650 to £32,010 | Injuries that have caused an impairment to the function of the arm. |
| Wrist Injuries (b) | £24,500 to £39,170 | An injury that has resulted in a significant permanent disability, however there is still some movement. |
| Hand Injuries: Moderate (h) | £5,720 to £13,280 | Injuries in this bracket include crush injuries, soft tissue injuries and deep lacerations. |
| Leg Injuries: Severe (b) (ii) | £54,830 to £87,890 | Injuries in this bracket are very serious such as those that cause permanent mobility problems. |
| Knee Injuries: Moderate (b) (ii) | Up to £13,740 | Injuries in this bracket are considered less serious and include lacerations or bruising injuries. |
Another head of claim that you may receive in your settlement is called special damages. These cover any of the financial expenses that may have been incurred as a result of the injury. These include both current and future losses, provided that you have evidence.
For example, receipts could be used to show any expenses from things such as prescriptions or mobility aids that you may have needed as a result of your injuries.
Types of financial losses that could be considered under special damages include:
- Travel expenses
- Medical expenses
- Special equipment, e.g. mobility aids
- Loss of wages
- Childcare costs
If you have any further questions, don’t hesitate to contact our advisors today. They can discuss accident at work compensation and how long an accident at work claim can take to settle.
Is A No Win No Fee Agreement The Best Option?
A No Win No Fee agreement is made between you and your solicitor. It establishes the terms and conditions involved with them representing your case.
If your case is successful, then you will pay a success fee, this would be subtracted from your compensation. However, the percentage that this fee consists of is capped by the law.
But, if your case is unsuccessful then you don’t have to pay for the services your solicitor has provided.
The solicitors from our panel offer a type of No Win No Fee service called a Conditional Fee Agreement. If you would like to find out more, call our team on the number above.
Ask About Your Accident At Work Claim
If you want more information on how long an accident at work claim can take, then please contact us by:
- Calling the number at the top of the page
- Using our live chat feature
- Filling out the contact form on our website
Further Information On How Long An Accident At Work Claim Takes To File
Here are some additional resources that you may find helpful.
Other Accident At Work Claims Guides You Can Read
- A General Guide To Accident At Work Claims
- I Had A Workplace Accident – Could I Claim?
- A Closer Look Into Work Accident Claims
- Finding A Claims Company For Work Accident Compensation
- Making Calculations For Accident At Work Compensation
- No Win No Fee Solicitors For Work Accident Compensation Claims
For any further information on how long an accident at work claim can take, call our team.