No Win No Fee Accident At Work Claims
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A failure on the part of an employer to uphold their duty of care and keep workers safe is a breach. If a breached duty of care directly leads to an injury that wasn’t your fault, you may be entitled to compensation.
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No Win No Fee Accident At Work Claims
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When we go to work, the last thing we want is to suffer an injury. However, it's a reality for many people each year and in some cases, it could be avoided if employers complied with their legal duties. In this guide, you can learn how to make an accident at work claim, as well as find important information relating to your rights when you suffer a workplace injury.
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What Is An Accident At Work Claim?
An accident at work claim is a type of civil action a person can take if they’ve suffered an injury at work and believe it was their employer’s fault. It is sometimes called a workplace injury claim, workplace accident claim, or personal injury claims in the workplace, too – they’re all the same thing.
Workplace accidents can happen in any type of setting. Even environments that people would regard as safe, such as offices, could see someone trip and fall over trailing wires. However, some workplaces do carry more risk than others. Statistically, the most dangerous industries to work in are farming, fishing, forestry and construction and therefore a work injury claim is more likely to apply in these industries, but you can still check if you have a claim regardless of the industry you work in if you suffered an injury at work that wasn’t your fault.
Let’s look at how common workplace accidents are.
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Are Workplace Accidents Common?
The Health and Safety Executive (HSE) is an independent body responsible for enforcing health and safety laws in the country. They conduct inspections, issue fines and publish statistics on the rates of injuries and accidents.
Here’s a breakdown of their findings from 2022/2023, the latest available:
- Around 561,000 workers reported suffering an injury
- 135 workers sadly lost their lives in work-related accidents
- As a result of accidents at work, the economy is estimated to have lost 3.7 million working days
- Combined with work-related ill health, such as stress, the total annual cost to the British economy is £20.7 billion
With 561,000 injuries last year, this works out at around 1,537 injuries at work a day, which is a startling figure and one that proves just how common they are.
What Are The Main Causes Of Injuries In Workplaces?
The data from HSE has also revealed what the main causes of accidents at work are – all of which could result in a compensation claim if your employer has not kept your work environment safe. Below, you can find a detailed breakdown of the top causes of workplace injuries.
Slips, Trips And Falls
Around 32% of all accidents at work are slips, trips and falls. They’re often the most preventable of accidents too and can be reduced if employers invest in good housekeeping, staff training and conduct regular risk assessments and inspections.
Some examples of how slips, trips and falls could happen in workplaces include:
- Slipping over on spillages in factory settings, such as dropped oil
- Computer leads and wires left trailing in walkways in office settings
- Poor lighting on a stairway which prevents people from seeing the steps
- Broken or absent handrails leading to people falling down stairs
- Failing to grit car parks can lead to staff slipping on ice
- Scaffolding accidents where proper safety measures haven’t been followed, leading to a fall from a height
This isn’t an exhaustive list, but it gives you an idea of the different ways you could suffer an injury in a fall at work. If any of them sound familiar and you’d like legal advice, get in touch with us today.
Manual Handling
The second most common cause of injuries at work is manual handling, such as handling, lifting and carrying heavy items.
Without proper personal protective equipment (PPE) or support from colleagues to help lift heavy items, training in correct lifting techniques, or suitable breaks in between lifting heavy goods, you run the risk of suffering an injury, such as a muscle strain or tear. You could also develop a hernia or a slipped disc. The severity of your injury will affect how much compensation you could be entitled to, but it’s still worth checking if you’ve suffered personally as a result of an injury at work.
Struck By An Object
Another common cause of accidents at work, which makes up 11% of the total number, is injuries caused by moving objects. This can include heavy items falling from shelves to items falling off roofs or scaffolding on construction sites. It can also include being struck by the likes of forklift trucks.
The injuries sustained in these types of accidents at work can be severe. If you’d like legal advice on your case, please get in touch using our free helpline.
Attacks And Assaults At Work
Injuries sustained in acts of violence are the joint fourth most common cause, according to the HSE. Some workers tend to work alone, such as in shops or as delivery drivers. Being alone makes them more vulnerable to assaults and robberies compared with those who work in groups, which is one factor that employers should consider.
However, many assaults at work happen in healthcare and care settings, such as vulnerable patients and residents lashing out at staff. If organisations don’t properly risk assess and provide the correct staffing numbers, injuries can happen.
Assaults at work can also happen in schools.
If you’ve suffered as a result of an assault at work, you could make a claim on a no win no fee basis today.
Can I Make An Accident At Work Compensation Claim?
In order to make an accident at work claim, your case needs to meet certain criteria. Let’s break these down:
- First, it must be shown that your employer owed you a duty of care. This is straightforward in many workplace accident claims as all employers owe their staff a duty of care under the Health and Safety At Work etc. Act 1974.
- Secondly, you must show that your employer breached their duty of care. They may have, for example, not conducted a risk assessment, failed to provide adequate PPE, or not repaired a piece of equipment which led to the injury or accident.
- And lastly, as a result of their breach, you suffered an injury, or an existing injury was made worse.
If you’d like to get a free eligibility check, why not call us for free on the number at the top of this page? You can also message us now via our live chat box.
How Much Compensation Could I Receive For My Injuries?
We’re often asked whether there is an average payout in accident at work claims. The answer is that each case is unique, and therefore an average is hard to define.
A lot goes into calculating compensation payouts. Firstly, the value of your injuries needs to be determined. To do this, expert medical evidence is required. Your accident at work solicitor can arrange for this as part of the claim. A medical expert will examine you and provide their opinion as to whether or not the injuries were caused by the accident, and what long-term impact they may have on your life.
As a general rule, the more severe and impactful the injury, the higher the payout. To give you an idea, we’ve included some guideline figures for different injuries below, but these are for guidance only and aren’t a guarantee of compensation for similar claims as there are so many factors involved in calculating compensation for injury claims in the workplace. They come from a document known as the Guidelines, which is used by solicitors to value injuries in personal injury claims.
- An accident at work that results in very severe brain damage could see a payout of between £344,150 and £493,000
- If you experience post-traumatic stress disorder (PTSD) after the accident which stops you from working and impacts other areas of your life, you could receive between £73,050 and £122,850
- If you suffer a severe back injury that impacts your spinal cord and nerves, you could receive between £111,150 and £196,459.
- A back injury involving a slipped disc could receive between £47,320 and £85,100.
- A serious shoulder dislocation could see you receive between £15,580 and £23,430.
- A leg injury that results in multiple fractures or crush injuries could receive between £33,880 and £47,840.
You can also use our accident at work compensation calculator below to get an immediate idea of how much you could get for a range of injuries.
Compensation Bracket: 0.00
Can I Claim Back The Money I Lost Taking Time Off Work To Recover?
It’s possible to recover any expenses you’ve incurred because of your injuries. For example, you may have been unable to drive so had to take more taxis, which is an added cost.
You may also have had to take time off work to recover after getting hurt and was left relying on statutory sick pay, with a much lower monthly income than you’re used to. In cases of serious injuries, you may have to take over 6 months off work, and you may not be entitled to sick pay after this time. When you make your accident at work claim, you could get some or all of this money back, as well as any bonuses you missed out on.
In cases of severe injuries, you may not be able to go back to work at all. If so, you can receive compensation that covers you for the rest of your life, ensuring you get what you would have earned if the accident hadn’t happened.
How No Win No Fee Solicitors Co Can Help You
If you wish to make an injury at work claim, it’s important to work with experienced solicitors who understand this type of work. Here at No Win No Fee Solicitors Co, our team specialise in these types of cases. They know the process, and they know how to get the best results.
We operate on a No Win No Fee basis, as our name suggests. This means you pay nothing upfront to start the claim, and if it doesn’t lead to compensation, you pay us no fees – completely reducing your personal financial risk when you make a claim.
The only time you do pay a fee is if you’re awarded a payout. Our fee comes in the form of a small percentage of the settlement you receive. This way, you get access to quality legal representation and don’t have to carry the risk of losing money, meaning our legal services are able to be offered to more people who might not have the money to invest in making a claim upfront.
If you’d like to check if you can make an accident at work claim with us today for free, please call us on the number above, write to us here, or message us now via our live chat box. We’re always happy to help.
Accident At Work Claims FAQs
Below we’ll answer common questions regarding accidents at work
Are Workplace Accidents Common?
he Health and Safety Executive (HSE) is an independent body responsible for enforcing health and safety laws in the country. They conduct inspections, issue fines and publish statistics on the rates of injuries and accidents.
Here’s a breakdown of their findings from 2022/2023, the latest available:
Around 561,000 workers reported suffering an injury
135 workers sadly lost their lives in work-related accidents
As a result of accidents at work, the economy is estimated to have lost 3.7 million working days
Combined with work-related ill health, such as stress, the total annual cost to the British economy is £20.7 billion
With 561,000 injuries last year, this works out at around 1,537 injuries at work a day, which is a startling figure and one that proves just how common they are.
Can I Claim Back The Money I Lost Taking Time Off Work To Recover?
It’s possible to recover any expenses you’ve incurred because of your injuries. For example, you may have been unable to drive so had to take more taxis, which is an added cost.
You may also have had to take time off work to recover after getting hurt and was left relying on statutory sick pay, with a much lower monthly income than you’re used to. In cases of serious injuries, you may have to take over 6 months off work, and you may not be entitled to sick pay after this time. When you make your accident at work claim, you could get some or all of this money back, as well as any bonuses you missed out on.
In cases of severe injuries, you may not be able to go back to work at all. If so, you can receive compensation that covers you for the rest of your life, ensuring you get what you would have earned if the accident hadn’t happened.
What Are My Rights If I Have An Accident At Work?
If you have an accident at work, it’s important to be aware of your legal rights.
One of the most important rights is that your employer can’t sack you for having an accident at work or suffering an injury unless your gross negligence was the cause. If your employer does decide to dismiss you, it’s possible to make a separate claim against them for unfair dismissal.
You also have the right to record the accident in the report book, and a right to receive medical treatment, either first aid or at an accident and emergency room as appropriate.
If you’re part of a trade union, you also have the right to involve them in any official process your employer embarks upon.
Will I Get Sick Pay If Injured At Work?
If you suffer an injury that forces you to take time off work, you may wonder whether or not you’ll get sick pay. The answer is it all depends on your contract.
Some companies pay sick pay for a certain number of days. This could be as long as six months. However, some companies may not pay anything at all. In this case, you can claim Statutory Sick Pay (SSP), which is another legal right. The rate will likely be lower than your salary, but it can help cover some costs.
What About My Rights As A Part-Time Worker, Temporary Worker Or Agency Worker?
If you work part-time, such as a seasonal farm worker, you still have the same rights as someone who works full-time.
The case is a little different when it comes to agency or temporary workers. This is because they’re often employed by the agency and contracted to work for companies. As an agency worker, you have the right to receive the minimum wage as well as protection from discrimination.
If you suffer an injury at work, you also have the right to claim compensation against the company responsible, as opposed to the agency you’re employed through.
How Long Do You Have To Claim After Suffering An Injury At Work?
As well as meeting the criteria outlined above, it’s important to make your accident at work claim within the time limit.
By law, all personal injury claims have a time limit of 3 years. This runs from the date of the accident. If you fail to do so, you could be prevented from making a claim.
Can I Claim If I'm Under 18?
If you’re under the age of 18 and suffer an injury at work, it’s important to note that you cannot make a claim on your own. Under British law, only those aged 18 and over can represent themselves in court.
However, you can still make a claim once you turn 18 and you’d then have until your 21st birthday to start proceedings as the three year time limit only once the claimant turns 18 in these cases. It’s also possible to make a claim before you turn 18 if you prefer. To do this, you’d need the help of a parent or guardian, who’d act as your litigation friend.
Who Pays Compensation In An Accident At Work Claim?
Compensation in most personal injury claims relating to the workplace is paid for by your employer’s insurance company. By law, all companies with staff must have employers’ liability insurance.
This ensures anyone who gets hurt is fairly compensated, and that the company is protected from paying legal fees. So if you make a claim, your employer’s finances aren’t directly affected so you shouldn’t let this worry you and prevent you from making a claim.
What To Do After An Accident At Work: Proving Your Employer Was At Fault
When you suffer an injury in an accident at work, it can be difficult to know what to do. You may be in a lot of pain, and emotions may naturally be running high, especially if you know the cause of the accident and how it could have been prevented.
If you’re able, it’s vital to take certain steps after the accident to ensure your own health and well-being and to help gather evidence for a compensation claim.
- Get medical attention. It’s important to get all injuries checked over, even if they seem minor.
- Take photographs (if you can). These photos should show any causes of the accident, the scene, as well as the injuries.
- Speak to any witnesses. If anyone saw your accident, they may be willing to back your version of events.
- Record what happened in the accident book. Make sure it’s a true and accurate account of what went on.
- Try to get CCTV footage. This type of evidence can show what happened and any potential causes.
If you need help gathering evidence, our No Win No Fee solicitors are here to support you. We’re also aware of other pieces of evidence that we could obtain on your behalf as part of the claim, such as company investigation reports. We can also advise you on collecting other pieces of evidence to help your case. Call us for free on the number above to find out more.
Do I Need To Report An Accident At Work?
Yes, you should report an accident at work. It creates a record of what happened which is useful if you wish to make a claim. It also prompts your employer to investigate which can stop other people from getting hurt too.
For example, if you suffer an electric shock at work caused by faulty tools, you need to make other people aware of it so they don’t get hurt too.
How Long Does An Accident At Work Claim Take?
An accident at work claim can take different lengths of time depending on how complex it is. If your employer admits liability and your injuries heal quickly, you could settle the claim in a few months. If the injuries are more severe or if your employer disputes they were to blame, it could take longer.
