This guide looks at when an accident at work claim payout could be made and how compensation is calculated. While we cannot provide you with the average claim payouts for personal injury, we will look at the factors that could affect your settlement amount.
Employers in Britain owe their employees a duty of care automatically. This is set out in the Health and Safety At Work etc. Act 1974 (HASAWA). If they breach the duty of care that they owe, which results in injury, this is an example of employer negligence. You may be able to claim for the harm this causes.
This informative guide aims to provide clarity on the process of making a personal injury claim for harm caused by negligence. You can also speak to our advisors for free and instant advice. Simply:
- Call our team 24 hours a day, 7 days a week on the number at the top of the page
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Choose A Section
- Could I Receive An Accident At Work Claim Payout?
- Potential Work Accident Scenarios
- What Factors Determine The Accident At Work Claim Payout?
- Calculating Compensation For Work Injuries
- What Benefits Come From No Win No Fee Agreements?
- Guidance On Accident At Work Claim Payouts
The definition of an accident at work is a separate, identifiable and unintended work-related incident that causes physical injury. The Health and Safety At Work etc Act 1974 lays out the general duties for employers to take reasonably practicable steps to prevent employees from being injured. Some of these reasonable steps include:
- Carrying out risk assessments so that hazards to health can be identified and removed or reduced
- Providing their employees with the training they need to carry out their roles safely
- Supplying necessary personal protective equipment (PPE) that employees require
- Maintaining good housekeeping
- Ensuring that work equipment is well-maintained to a safe standard
Determining who is liable for your workplace injury is an important aspect of claiming. You cannot claim compensation for an accident that you were wholly at fault for.
However, in some cases, you may be able to claim if you were partly at fault for the accident in which you were injured, and your employer shouldered the remaining blame. This would be called a split liability claim.
If you would like guidance on the process of claiming, please don’t hesitate to get in touch today.
The Frequency Of Accidents At Work
The statistics below come from reports made to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) and detail some main reported non-fatal accidents in the workplace.
These reports show that in 2021/22:
- 30% of reported accidents at work were caused by slips and falls on the same level, and 8% were falls from a height
- 61,713 non-fatal injuries were reported by employers under RIDDOR
- 123 workers were killed in work-related accidents in 2021/22
For free legal advice on the validity of your claim, speak with an advisor today.
Below, we have included some examples of how an accident at work could result from employer negligence:
- You could slip on a wet floor because a spill was not cleaned up in a reasonable timeframe
- If you are working with faulty equipment, then this could malfunction as you are using it and cause you to sutain a crush injury to your hand.
- You aren’t given the training to carry out a manual handling task. As a result, you perform the task incorrectly and sustain a back injury.
- You fall from a height after you are given a broken ladder to use despite your employer being aware of it malfunctioning.
If you would like guidance on the process of claiming compensation, speak with one of our advisors today.
Evidence is an important aspect of the accident at work claim process. It can help to ensure that you get the maximum amount of compensation relevant to your claim, as you will be able to demonstrate that negligence led to the harm you were caused as well as demonstrate the impact it’s had on your quality of life.
Below, we have included some examples of the evidence you could collect to support your claim:
- Firstly, any workplace accident should be recorded in an accident book. Having an accident book is a legal requirement for any workplace with 10 or more employees.
- The contact details of anyone who saw the incident happening so that they can provide a witness statement at a later date.
- CCTV footage showing the accident happening.
- Take photos of your injuries and keep a diary of how you have been impacted.
It is important to consider another factor when constructing a case for an accident at work claim payouts which is time limits. Under the terms of the Limitation Act 1980, there is currently a 3-year time limit to start a claim for personal injury.
This can start from the date of the accident or the date that you became aware of negligence being the cause of your injuries. For guidance on how long you could have to make a claim, speak with an advisor today.
When calculating amounts for an accident at work claim payout, there are two potential heads of claim that could be awarded. You could receive special damages, which look at the financial impact caused by the accident at work, which could include:
- Travel costs to essential appointments
- Prescription charges
- The costs of additional medical procedures not freely available through the NHS (such as physiotherapy, rehabilitation or counselling)
- Adaptations to your home or car to deal with a disability
A successful accident at work claim will include general damages by using medical evidence of actual physical and psychological harm as the basis for calculations. A publication called the Judicial College Guidelines lists award bracket amounts based on past cases. We have used these figures to create the below table:
|Area of Injury||Severity||JC Guideline Award||Notes|
|Head||(c) Moderate (i)||£150,110 to £219,070||A head injury that causes moderate to severe intellectual deficit, with impact of sight, speech and senses increasing risk of epilepsy. Also, impact on future employment|
|Neck||(a) Severe (i)||In the region of|
|Neck damage causing incomplete paraplegia, with no pain respite or movement despite wearing a collar 24/7|
|Shoulder||(b) Serious||£12,770 to £19,200||Dislocations and nerve damage causing aching, weakened grip and restricted shoulder movement|
|Elbow||(b) Less Severe Injuries||£15,650 to £32,010||Impaired function but no requirement for major surgery or significant disability thereafter|
|Hand||(c) Total or Effective Loss of One Hand||£96,160 to £109,650||This applies to crush and amputation injuries where most of the fingers and palm needed to be surgically removed|
|Back||(a) Severe (i)||£91,090 to £160,980||Severe spinal cord damage, acute pain and disability, possible paralysis with impaired bladder, bowel and sexual function.|
|Pelvis/Hip||(a) Severe (iii)||£39,170 to £52,500||Acetabulum fracture injuries that give rise to degenerative changes, instability and an increased risk of the need for hip replacement surgery|
|Leg||(b) Very Serious Leg Injuries (ii)||£54,830 to £87,890||Injuries that cause mobility problems, the need for crutches or other aids for the remainder of that person's life. Extensive treatment needed but deformity, arthritis and limited movement still resulting|
|Knee||(a) Severe (i)||£69,730 to £96,210||Serious disruption of the knee joint causing osteoarthritis, ligament damage and the need for lengthy treatment|
|Ankle||(b) Severe||£31,310 to £50,060||Injuries that require an extensive period of treatment, such as plaster or surgical pin insertion. Scarring, impact on employment and stability are also acknowledged in this bracket|
Anyone is free to start a case for an accident at work claim. A personal injury solicitor could help with this, and those offering No Win No Fee agreements could allow you access to their services without any upfront fees.
A commonly used form of this kind of agreement is called a Conditional Fee Agreement, and they generally entail:
- No requirement to pay any fees to hire the solicitors
- No fees as they work on your behalf
- Nothing to be paid to your solicitors for the work they have done if the case is unsuccessful
- A success fee from the compensation payout only becomes due if the case goes in your favour
- Nothing is owed to your solicitors if the case is unsuccessful.
Start A Work Accident Claim
Speak to our team for a free assessment, and they could connect you with a personal injury solicitor today:
- Call 24 hours a day, 7 days a week on the number at the top of the page
- Contact us online
- Use the live chat option below.
Thank you for reading our guide on claiming an accident at work claim payout. The links below can provide you with additional guidance:
- Claiming compensation for a workplace accident
- A complete guide to accident at work claims
- How to find the best accident at work claims companies
You can also learn more in the following resources:
- How to avoid slips and trips at work
- Advice from the NHS about back pain
- Statutory Sick Pay (SSP) guidance from the government
Writer Jeff Winters
Publisher Fern Styles