This guide will explore your rights after an accident at work. In cases where the accident caused you to suffer harm and resulted from your employer’s negligence, you may be eligible to make a personal injury claim.
A guide to your rights after an accident at work
We have provided information on the steps you could take to put forward a claim and seek compensation. For instance, this guide explores the evidence you can obtain and the benefits of hiring a No Win No Fee solicitor.
Furthermore, this guide aims to help you understand the rights you have to a safe working environment as an employee.
Although we have aimed to provide the information you need, we understand if you still have questions.
If this is the case, you can speak with our helpful team of advisors. They can provide you with free legal advice and assess your claim to determine whether you’re eligible to seek compensation.
Additionally, they could pass your case to a personal injury solicitor from our panel.
For more information, please get in touch by:
- Calling the number at the top of the page
- Speaking with an advisor using the live chat feature below
- Filling out our online contact form
Select A Section
- What Are My Rights After An Accident At Work?
- Situations Involving Injuries At Work
- What Do I Do After An Accident At Work?
- How Much Compensation Could I Receive After An Accident At Work?
- How Can I Benefit From Using A No Win No Fee Solicitor?
- Learn More About Accident At Work Rights
What Are My Rights After An Accident At Work?
The Health and Safety at Work etc. Act 1974 sets out the duty of care employers owe their employees. Employers are expected to do everything reasonably possible to manage risks and maintain a safe and healthy working environment for the employee.
Unfortunately, though, despite the legislation in place, your employer may fail to uphold their duty of care causing an employee to sustain harm in an accident.
You may be wondering what your rights are after a workplace accident where you experienced harm as a result of your employer breaching the duty of care they owed you. In this instance, you could pursue a claim and seek compensation for the pain and suffering your injuries have caused you as well as the financial impact they have had.
After a workplace accident, you may need to take time off work to recover from your injuries. During this time, you could incur a loss of earnings due to being unable to work. In some cases, you may receive full pay after an accident at work if it is stipulated in your contract. However, in others, you may only be eligible to receive Statutory Sick Pay (SSP).
As you can see, your pay rights after an accident at work will depend on what is detailed in your contract. For more information, you should speak with your employer to find out what you’re entitled to.
For more information on your rights after an accident at work to seek compensation, please get in touch with our team. They can provide further details on whether you’re eligible to claim.
Situations Involving Injuries At Work
A workplace accident could occur for various reasons, such as your employer failing to take reasonable actions to keep you safe from harm at work.
Examples of how an employer could have breached their duty of care and caused you to sustain harm might include a failure to:
- Carry out regular risk assessments: Your employer must carry out regular checks to ensure the workspace and equipment are safe. If they are made aware of any hazards, they must address these by removing or reducing the risk these hazards pose. Failure to do so could result in an employee sustaining a severe leg injury after falling from a defective ladder that was unsafe to use. Alternatively, they could sustain a severe head injury after unsecured items fell from a shelf.
- Provide adequate training: Employers must provide training that is relevant and accurate to ensure you are able to complete your job safely. However, there may be instances when an employer fails to do so. For example, you may not have received sufficient training before being told to operate a forklift truck. As a result, you may have crashed into another employee causing you both to sustain multiple injuries.
- Provide necessary personal protective equipment (PPE): If your employer is aware of a hazard and has done everything they reasonably can to remove the risk but the risk is still present, they must provide you with PPE. However, they may fail to do so in certain circumstances. For instance, you may require gloves when working with hazardous chemicals but did not receive them causing you to develop dermatitis.
If you have experienced a similar incident but are not sure about your rights after an accident at work, get in touch with our team. They can advise on your eligibility to seek compensation.
Current Work Accident Statistics
In the Health and Safety at Work Summary Statistics for Great Britain 2021, figures from the Labour Force Survey in 2020/21 showed that 441,000 workers reported sustaining a non-fatal injury.
In the same year, employer reports under the Reporting of Injuries, Diseases and Dangerous Occurrences 2013 (RIDDOR) highlighted the non-fatal injuries to employees by most common accident kinds. The reports showed that:
- 33% of these injuries were due to slips, trips or falls on the same level
- 18% were due to handling, lifting or carrying
- 10% were caused by being struck by a moving object
- 8% were a result of acts of violence
- 8% were due to falls from a height.
What Do I Do After An Accident At Work?
If you have been injured at work, you can take certain actions to help you when making a claim for compensation, such as:
- Report the accident to your employer.
- Ensure the accident is recorded in the company accident report book.
- Gather evidence to support your case such as witness contact details, photographs of the accident, photographs of your injuries and CCTV footage.
In addition, you should seek medical attention for your injuries to ensure you receive the correct treatment. Notes from your doctor or the hospital could form the basis of medical evidence which can be used to highlight the treatment or diagnosis you received.
Furthermore, you may be invited to attend a medical assessment that’s completed by an independent medical professional. The assessment can provide a more in-depth report on the full extent of your injuries which can be used when valuing how much your injuries are worth.
More importantly, you may find it beneficial to seek legal representation from an experienced accident at work solicitor. They can provide further guidance on the steps you can take to seek compensation and help you gather relevant evidence.
Our panel of solicitors have experience handling these types of claims and could help. For more information, you can call our team. An advisor can provide further guidance on your rights after an accident at work.
How Much Compensation Could I Receive After An Accident At Work?
As part of your rights after an accident at work, you could seek to receive a compensation payout comprising of general and special damages.
General damages provide compensation for the impact your injuries have had on your quality of life.
When calculating how much your injuries are worth, medical evidence can be used to assess the severity of the pain and suffering you have experienced. Additionally, solicitors may also refer to guidelines from the Judicial College which sets out bracket compensation awards for different injuries based on past cases.
In the table below, we have used figures from the Judicial College Guidelines. However, you should only use these as a guide because your actual settlement will depend on factors unique to your case.
| INJURY | SEVERITY | NOTES | AMOUNT |
|---|---|---|---|
| Toe Injury | Serious | Injuries might include serious great toe injuries or multiple fractures affecting two or more toes. | £9,010 to £12,900 |
| Leg Injury | Moderate (iv) | This bracket might include injuries generally affecting a single limb including complicated fractures or severe crush injuries. | £26,050 to £36,790 |
| Hand Injury | Moderate | This bracket includes deep cuts, penetrating wounds and crush injuries. | £5,260 to £12,460 |
| Arm Injury | Severe | Injuries to the arm which do not lead to an amputation but are still extremely serious. | £90,250 to £122,860 |
| Jaw Fracture | Very serious (i) | Injuries might include very serious multiple fractures that require a long period of treatment and ongoing issues. | £28,610 to £42,730 |
| Injury to the Brain or Head | Minor | An injury to the head where there is minimal or no brain damage. | £2,070 to £11,980 |
| Eye Injuries | Minor | Injuries might include those that have occurred from being struck in the eye and exposure to fumes. | £3,710 to £8,200 |
| Ankle Injury | Moderate | Injuries might include fractures and tears to the ligaments. | £12,900 to £24,950 |
| Psychiatric Damage | Moderate | The person's symptoms will have improved and they will have a good prognosis. | £5,500 to £17,900 |
| Post-Traumatic Stress Disorder | Moderate | The person will have mostly recovered and if there are any ongoing issues, they won't be grossly disabling. | £7,680 to £21,730 |
What Are My Rights After An Accident At Work To Claim Back Additional Costs?
As part of your rights after an accident at work caused by an employer’s negligence, you could claim back financial losses incurred as a result of your injuries under special damages.
Some of these financial losses might include:
- Medical costs
- Loss of income
- Travel expenses
You must provide evidence of the costs incurred, such as payslips or receipts.
How Can I Benefit From Using A No Win No Fee Solicitor?
A No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA), is a way to fund legal representation. It means you do not pay upfront costs and do not pay any costs while the claim is ongoing.
You will pay a success fee if your claim is successful. This fee is a percentage of your compensation and is capped by law. You will not pay the success fee if the claim is not successful.
Get in touch with our advisors, and they can access your case for free to see if it has a strong chance for success. If it does, they can connect you with an accident at work solicitor from our panel.
Alternatively, they can provide further advice on your rights after an accident at work. For more information, get in touch by:
- Calling the number at the top of the page
- Speaking with an advisor using the live chat feature below
- Filling out our online contact form
Start An Accident At Work Claim Today
We hope this guide has provided the information you need. However, if you need further advice on your rights after an accident at work get in touch by:
- Calling the number at the top of the page
- Speaking with an advisor using the live chat feature below
- Filling out our online contact form
Learn More About Accident At Work Rights
Below, we have included additional resources that you may find helpful.
- To find out which incidents your employer should report under RIDDOR, please visit the Health and Safety Executive (HSE) website.
- If you would like any medical advice, please visit the NHS website.
- Visit the government website to find out about claiming compensation after an accident or injury.
- Accident At Work Laws – A Detailed Guide
- Accident And Injuries At Work Guide
- Tips For Making A Work Injury Claim A Success
- More Info On No Win No Fee Work Injury Claims
- A Guide On The Time Limit For Work Injury Claims
If you need further information on accident at work rights, please get in touch with us by calling the number at the top of the page.