In this guide, we will explore the process of how to claim for an accident at work. All employers owe their employees a duty of care to take reasonable steps to reduce the risks posed by any known hazards. However, in some cases, they might fail to uphold their duty of care. As a result, you may experience physical or psychological harm. If you can prove your employer was negligent, you may be able to claim. This guide will provide further guidance on when you might be eligible and the steps you can take to seek compensation.
Accident at work how to claim guide
Additionally, this guide will explore what your settlement could comprise and the evidence you could gather to support your personal injury claim.
Furthermore, if you wish to hire legal representation, our team could help. They can discuss the potential of having a solicitor from our panel represent your claim on a No Win No Fee basis.
We hope our guide covers the information you need. However, if you have any questions after reading, you can:
- Call the number above
- Speak with an advisor via the live chat feature below
- Fill out our online contact form.
Choose A Section
- How To Claim For An Accident At Work ?
- What Are Typical Accidents In The Workplace?
- How Could A Breach Of Duty Happen?
- How To Claim For An Accident At Work- What Compensation Could I Receive?
- Is A No Win No Fee Agreement Beneficial?
- Find Out More About How To Claim For An Accident At Work
How To Claim For An Accident At Work
There are certain criteria your accident at work claim should meet in order to be valid. For example, you must prove that:
- You were owed a duty of care
- The duty of care was breached
- You sustained a physical injury or psychological harm as a result.
Employers must adhere to the Health and Safety at Work etc. Act 1974 which sets out the duty of care they owe their employees. This involves taking reasonable steps to reduce risks posed by hazards in the workplace.
The steps your employer should take will vary depending on the industry they work in. However, generally, they should:
- Provide training that is adequate to ensure employees can do their job safely
- Provide necessary and adequate personal protective equipment (PPE)
- Carry out regular risk assessments on the workspace and equipment
- Provide employees with sufficient breaks
If they fail to do so, you could gather sufficient evidence of the accident and your injuries to support your claim. For example, you could request copies of your medical records and take pictures of the accident scene.
You could also seek legal advice or hire legal representation. An accident at work lawyer can help you gather evidence and take you through each stage of the accident at work procedure.
Call our team for more information on how to claim for an accident at work.
What Are Typical Accidents In The Workplace?
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) necessitates the reporting of certain incidents and injuries that occur in the workplace. These reports are made by employers to the Health and Safety Executive (HSE).
The HSE can collate these reports to provide helpful accident at work statistics. As per these statistics, there were:
- 16,698 slips, trips or falls on the same level
- 9,314 incidents involving employees being injured while handling, lifting or carrying
- 5,117 incidents involving employees being struck by a moving object
- 4,286 acts of violence
- 4,143 falls from height
These are just a few examples of accidents at work. If you would like to discuss a different type of accident in which you sustained harm, call our team. They can provide further guidance on how to claim for an accident at work.
How Could A Breach Of Duty Happen?
There are various ways a breach of an employers duty of care could occur, causing you to sustain harm in an accident. Examples of accidents at work could include:
- Your employer might fail to provide you with necessary PPE. For example, you may require a hard hat when working on a construction site due to the risk of falling objects. However, as a result of not being given one, you may have sustained a severe head injury.
- Your employer may have failed to carry out regular risk assessments on the workplace equipment you need to use to carry out your role. As a result, you may have fallen from a ladder that was faulty causing you to sustain a broken leg and a shoulder injury.
- A spill on the floor may have not been signposted or cleaned up. As a result, you may have experienced a broken wrist in a slip, trip or fall.
It’s important to note, that not all accidents will lead to you being able to make a claim. In order to seek compensation, you must prove that your employer breached the duty of care they owed you and caused you to sustain an injury.
Call us to find out if you’re eligible and how to claim for an accident at work.
How To Claim For An Accident At Work- What Compensation Could I Receive?
The Judicial College Guidelines is a publication used by judges, solicitors and other legal professionals to value the general damages portion of personal injury settlements. General damages compensate for the pain and suffering you have experienced as a result of the injuries you sustained.
The JCG contains guideline compensation brackets that relate to different injuries. We have used figures from the 16th edition to create the table below.
Please only use them as a guide, though, because different factors are considered when valuing claims.
Injury Notes Award
Severe Arm Injuries (a) Injuries falling short of amputation, such as an injury to the brachial plexus which is serious in nature. £96,160 to £130,930
Serious Hand Injuries (e) Injuries that reduce the hands function to about 50 per cent. £29,000 to £61,910
Back Injuries: Moderate (ii) Ligament and muscle disturbance causing several issues such as back ache. £12,510 to £27,760
Back Injuries: Minor (i) Recovery within 2 to 5 years without surgery. £7,890 to £12,510
Less Serious Leg Injuries (c) (i) Where there is an incomplete recovery from fractures. £17,960 to £27,760
Lung Disease (d) Breathing difficulties requiring fairly frequent use of an inhaler and an uncertain prognosis as well as other issues. £31,310 to £54,830
Chest Injuries (g) Rib fractures of soft tissue injuries that cause serious pain and other issues. Up to £3,950
Severe Neck Injuries (iii) Fractures and dislocations are examples of injuries covered in this bracket. £45,470 to £55,990
Shoulder Injuries (e) Clavicle fracture. £5,150 to £12,240
Fractures of Jaws (e) (iii) Simple fracture that needs immobilising and a complete recovery. £6,460 to £8,730
You could also receive compensation that addresses the financial losses you’ve suffered as a result of your injuries under special damages. These could include:
- Loss of earnings
- Care costs
- Medical expenses
- Travel expenses
However, you will need evidence of these costs, such as receipts or payslips. Call us for more information on the accident at work compensation you could receive following a successful claim.
Is A No Win No Fee Agreement Beneficial?
No Win No Fee agreements are a way to fund legal representation. There are different types, such as a Conditional Fee Agreement (CFA). As part of a CFA, you won’t pay costs for your solicitor’s services upfront or while your claim is ongoing.
Additionally, if your claim fails, you won’t pay for the services your solicitor has provided you with.
For claims that succeed, you will be charged a success fee from your compensation. However, this is subject to a legal cap.
The solicitors from our panel could represent your claim on this basis, provided it is valid and has a chance of success.
As part of their services, they could help you gather relevant evidence. They could also arrange for you to attend an independent medical assessment as part of the claims process. This can help provide a report on your injuries which can be used to help value your claim alongside other resources.
They can also help you understand how to claim for an accident at work. Find out more by using our contact details below.
Get In Touch To Begin An Accident At Work Claim
We hope this guide has helped. However, if you have any additional questions, please get in touch. An advisor can provide further clarification on anything of which you’re unsure.
To get in touch, you can:
- Call the number above
- Speak with an advisor via the live chat feature below
- Fill out our online contact form.
Find Out More About How To Claim For An Accident At Work
Below, we have provided some additional resources.
Other Accident At Work Claims Guides You Can Check Out
- The Accident At Work Procedure – More Advice On How To Start A Work Injury Claim
- If I Have An Accident While At Work, What Are My Employee Rights?
- More Advice On The Steps Involved In Making An Accident At Work?
- UK Compensation Calculators For Accident At Work Compensation Claims
- The Benefits Available When Choosing To Hire An Accident At Work Solicitor
We hope this guide on how to claim for an accident at work has helped. Call us if you have any other questions.