In this article, you’ll find the definition of an accident at work. If you’ve been injured because of a breach of duty of care, then you could be entitled to make a personal injury claim.
Definition of an accident at work guide
Employers owe those who work for them a duty of care. This means that they need to take all reasonably practicable steps to ensure that you are safe in your workplace. If they breach this duty, and you’re injured because of this, then you could be entitled to receive compensation.
Contact our advisors today for more information on what an accident at work is and to see if you have grounds for a personal injury claim. If they determine your claim is valid, they may pass it to our panel of No Win No Fee solicitors.
Contact us by:
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Choose A Section
- What Is The Definition Of An Accident At Work?
- Most Common Work Accidents
- What Can I Do If I Suffer An Accident At Work?
- Using A Compensation Calculator Based On The Definition Of An Accident At Work
- What Benefits Are There To Having A No Win No Fee Agreement?
- Find Out More About The Definition Of An Accident At Work
What Is The Definition Of An Accident At Work?
According to the Health and Safety Executive (HSE), the definition of an accident is a separate incident, which causes physical injury. This must have been unintended and able to be indentified. Accidents must have been caused by an identifiable external event. This excludes cumulative exposure to hazards, such as exposure to loud noises.
In order for an accident to be “work-related”, it must have happened out of or in connection with work. This does not mean an accident that happens on the work premises; instead, a work activity needs to have contributed to the accident happening.
You must prove that employer negligence contributed to your injury in order to claim. The Health and Safety at Work etc. Act 1974 (HASAWA) is a piece of legislation that outlines the steps an employer needs to take to adhere to their duty of care. You also need to start your claim within the appropriate time limit.
For other questions about the definition of an accident at work, get in touch with our advisors. If you have a valid claim, they could pass this to a solicitor from our panel.
Reported Accident At Work Statistics
Employers have to report certain workplace accidents to the HSE. These are reportable incidents, which include specified injuries.
For example, specified injuries can include:
- Fractures, except for those to fingers, thumbs and toes
- Amputations
- Injuries causing permanent loss or reduction of sight in the eyes
- Head or torso crush injuries with damage to the internal organs or brain
- Brun injuries
- Scalping necessitating hospital treatment
- Loss of consciousness caused by asphyxia or head injury
- Enclosed space injuries, for example, hypothermia
In 2020/21, employers reported 51,211 non-fatal injuries, with 37,111 requiring over 7 days off from work. These were reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Fractures were the most commonly reported injury, with 15,159 cases making up 30% of reported non-fatal injuries.
Most Common Work Accidents
HASAWA establishes the steps an employer needs to take as part of their duty of care. For example:
- Providing and maintaining equipment – Equipment that you need to use should be maintained to an adequately safe standard. Failing to ensure they are properly maintained could lead to injury; for example, malfunctioning machinery could result in flying debris like screws and nails leading to puncture wounds and eventual scarring.
- Supplying personal protective equipment (PPE) – According to The Personal Protective Equipment at Work (Amendment) Regulations 2022, employees should be provided with PPE where necessary to do their job safely. A faulty respirator would not stop inhaling toxic fumes or smoke; this could cause lung and breathing issues.
- Risk assessments – Per The Management of Health and Safety at Work Regulations 1999, employers should complete risk assessments. Any identified risks should be removed or reduced where possible.
- Good housekeeping. Obstructed walkways, poor flooring surfaces and spills could increase the chance of employees being involved in slips, trips and falls.
Contact our advisors today for free legal advice. As well as clarifying the definition of an accident at work, they could offer you a free assessment of your claim.
What Can I Do If I Suffer An Accident At Work?
To claim for a workplace accident, you will need to gather evidence to prove that an employer breached their duty of care and caused your injury. Hiring a No Win No Fee lawyer can help make this process feel easier, as they have the required experience to advise you in this area of your claim.
For example, some examples of evidence can include:
- Medical records – Ensure you receive medical attention as any medical notes or reports created by a medical professional can support your claim.
- Accident at workbook report – Workplaces with 10 or more employees are lawfully required to have an accident at work book. Fill this out to create a timely record of the accident, or have a colleague complete this on your behalf if you cannot do so.
- CCTV footage – You can ask your employer for CCTV footage and collect colleague recordings to strengthen your claim.
- Pictures of the injury and accident area – Take photographs of the injury and accident site as visual aids.
As part of the process of claiming, you might also be asked to attend an independent medical assessment. This is where your injuries and their severities are assessed. The report that this meeting generates can help to determine how much your claim is worth.
For more information about the potential evidence you could provide, get in touch with our advisors. They can value your claim. Furthermore, they could pass valid claims to one of the solicitors from our panel.
Using A Compensation Calculator Based On The Definition Of An Accident At Work
Successful accident at work claims means you’ll receive compensation. Your settlement can be potentially broken down into general and special damages.
The Judicial College Guidelines (JCG) outline the potential compensation brackets for general damages, which is the part of your payment that covers the pain and suffering you experienced because of your injury. The amount awarded depends, in part, on the type and severity of the injury.
The table below shows guideline brackets from the JCG:
Injury Compensation Notes
Severe back injury (ii) £69,600 to £82,980 Nerve root damage with sensation loss, impaired mobility and bladder and bowel function, sexual difficulties and scarring.
Minor elbow injury (d) £4,080 to £7,410 Soft tissue injury with notable pain, but near-complete recovery in less than two years.
Fracture of clavicle (e) £4,830 to £11,490 Award dependent on the extent of the fracture, disability level, symptoms and permanence of injury and anatomical displacement.
Moderate pelvis or hip injury (ii) £11,820 to £24,950 May involve hip replacement or other surgery where it has been successful. Also, includes necessary future surgery or where minor symptoms persist.
Less severe elbow injury (b) £14,690 to £30,050 Function impairment without major surgery or notable disability.
Wrist injury (b) £22,990 to £36,770 Notable permanent disability with some useful movement.
Moderate hand injury (h) £5,260 to £12,460 Penetrating wounds, crush injuries, soft tissue damage and deep lacerations. Top bracket where surgery has failed with a permanent disability. Bottom bracket for non-intrusive but permanent symptoms.
Serious injury to thumb (s) £11,820 to £15,740 Tip amputation, nerve damage or fracture requiring wire inserts resulting in the thumb being cold, ultra-sensitive with impaired grip.
Less serious leg injury (ii) £8,550 to £13,210 Simple femur fracture with undamaged articular surfaces.
Severe knee injury (i) £65,440 to £90,290 Joint disruption, osteoarthritis development, gross ligament damage, prolonged treatment, notable pain and function loss.
Special damages can cover the financial costs incurred as a result of your injury and the subsequent recovery period. Some examples of costs that could be included under special damages are as follows:
- Loss of income and future earnings
- Travel to and from medical appointments
- Child care costs
Contact one of the advisors from our accident at work claims company if you want to know what other compensation you could be eligible to claim. They can also offer you free legal advice on the definition of an accident at work.
What Benefits Are There To Having A No Win No Fee Agreement?
Now that we have explained the definition of an accident at work, you may want to file a personal injury claim with a No Win No Fee solicitor. There are many advantages to pursuing a claim with the guidance and support of a lawyer.
A No Win No Fee agreement, or Conditional Fee Agreement, means that there is no upfront cost to securing their services. However, if the claim fails, you pay none of their costs.
In the event that the claim succeeds, your lawyer will take a percentage of your accident at work compensation as their fee. The law has placed a limit on this “success fee”, preventing overcharging.
Call Us To Discuss The Definition Of An Accident At Work
Contact our advisors, and they will help determine whether you have a valid claim; if so, they may pass it on to our panel of No Win No Fee solicitors. You can get in touch by:
- Calling us on the number above
- Contacting us through the website
- Using the live chat feature at the bottom of the screen
Find Out More About The Definition Of An Accident At Work
In addition to the article above, we’ve included links to some more of our guides:
- Advice On The Procedure When Injured By A Work Accident
- A Look At Employee Rights Following An Accident At Work
- What Is An Accident At Work Claim And How Do I Make One?
- A Guide About UK Compensation Calculators For Work Injury Claims
- Hiring Accident At Work Solicitors – What Are The Benefits?
You might also find the links below useful:
Can you receive Statutory Sick Pay?
Contact our advisors if you have any questions about the definition of an accident at work.
Guide by Jack Errol
Published by Fern Styles