You may be wondering, “I’ve had an accident at work; who is liable for my injuries?”. If so, this guide could help. All employers have a duty of care to ensure the safety of their employees. If your employer has breached their duty of care, they could be liable for the accident in which you sustained harm, and you may be able to claim compensation. We will explore this further in our guide.
You may also have questions such as:
- When is an employer responsible for an employee’s injury?
- How much compensation for being injured at work could I receive?
- How can I maximise the success of my accident at work claim?
This guide will answer those questions as well as look at the option of working with No Win No Fee solicitors and how they can help you with the accident at work claim process.
However, if you need more information, you can get in touch with our advisors. To reach them, you can:
- Call the number at the top of the page
- Use the live chat
- Contact us via our website
Choose A Section
- Who Is Liable For An Accident At Work?
- Scenarios Of Employees Getting Hurt At Work
- What Can I Do After An Accident At Work?
- Accident At Work Compensation
- What Are Some Advantages Of Having A No Win No Fee Agreement?
- Find Out More About Who Is Liable For An Accident At Work
If you’re wondering ‘I had an accident at work, who is liable?’, it’s important to know the criteria that needs to be made for making a claim. You must be able to prove that:
- You were owed a duty of care by your employer at the time and place of the accident
- Your employer breached the duty of care they owed you
- You suffered injuries as a result of the breach
However, not all workplace accidents may lead to a claim. For example your employer might have taken all reasonable steps to minimise the risk of an injury to their employees but you were still caused harm. In these instances, you won’t be able to seek compensation.
To find out whether you may be eligible to make a personal injury claim, get in touch with a member of our team. They are available 24/7 to offer free legal advice. Alternatively, continue reading to learn more about the duty of care your employer owes you.
Workplace Accident Reports
A total of 51,211 non-fatal injuries were reported by employers under the legislation Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) in 2020/21.
The duty of care that employers owe their employees is outlined by the Health and Safety at Work etc. Act 1974. This central piece of workplace health and safety legislation states that your employer must take all reasonable steps to remove or reduce the risk of injury in the workplace.
We have included some examples of accidents in the workplace:
- You might have slipped on a wet floor and suffer a wrist injury whilst at work in a supermarket, despite your employer having a reasonable amount of time to clear or signpost the hazard.
- You may trip and fall on a trailing lead in the office that has not been covered adequately. Consequently, you sustain a leg injury.
- Due to not being provided proper manual heavy lifting training, you suffer a back injury when moving heavy objects in the warehouse.
If you have been involved in an incident similar to this and would like to find out whether or not you are eligible to claim, get in touch with one of our advisors. They can help you understand the answer to the question ‘I had an accident at work, who is liable?’.
Gathering as much evidence as possible is very important in supporting your case. This will help to prove the accident at work and who is liable. This can be done in a number of ways, but the first priority should always be seeking medical attention.
Not only does this allow you to get the medical attention you might require, but it also generates medical records that can later be used as evidence.
After this, you could:
- Fill out the accident at work book
- Acquire any CCTV footage of the scene and/or the incident
- Take photographs of your injuries and/or the scene of the incident
Lastly, you should seek legal advice. As previously mentioned, our advisors can offer free legal advice. They may be able to provide more information on the evidence you can gather to support your claim.
If you win your personal injury claim, your injury at work compensation may consist of two heads of claim. These are called general and special damages.
General damages compensate you for the pain and suffering, either physically or mentally, caused by your injuries.
We have compiled figures from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to assist them when they value the general damages portion of settlements.
However, these amounts should only be used as a rough guideline because each accident at work claim is unique.
|Body Part||Severity||Compensation Bracket||Details|
|Head||(c) Moderate (i)||£150,110 to £219,070||The person experiences an intellectual deficit of a moderate to severe nature alongside other issues.|
|Head||(d) Less severe||£15,320 to £43,060||A considerable recovery has been made to allow the injured person to live a normal life and return to work.|
|Back||(a) Severe (i)||£91,090 to £160,980||Injuries that include damage to the spinal cord and nerve roots leading to severe consequences that are uncommon in ordinary back injuries.|
|Neck||(a) Severe (i)||In the region of £148,330||Linked with incomplete paraplegia or resulting in permanent spastic quadriparesis.|
|Knee||(a) Severe (i)||£69,730 to £96,210||Considerable pain and loss of function amongst other issues due to a serious knee injury.|
|Toe||(b) Amputation||In the region of £31,310||The big toe is amputated.|
|Shoulder||(a) Severe||£19,200 to £48,030||Injuries that involve damage to the brachial plexus that result in a considerable disability.|
|Foot||(f) Moderate||£13,740 to £24,990||Displaced metatarsal fractures that lead to permanent deformity and ongoing symptoms.|
|Hand||(g) Less serious||£14,450 to £29,000||A severe crush injury that considerably impairs function despite an operation taking place.|
|Leg||(c) Less serious (ii)||£9,110 to £14,080||Simple femur fracture with no articular surfaces damage.|
In addition, you could also receive special damages. This head of claim looks to reimburse you for any financial losses sustained due to your injuries.
For example, you may have to pay for prescriptions which is a cost you could claim back under the special damages head of claim. Other financial losses that special damages may cover include:
- Travel costs
- The cost of home adaptations
- Care costs
- Loss of earnings
For a more detailed estimate of how much compensation for an accident at work you could be awarded, get in touch with one of our advisors.
A CFA means that you do not have to pay for the services your solicitor provides if your case is lost.
You will have to pay if your case is successful, though. A legally capped success fee will be deducted from your compensation and paid to your solicitor.
Find out whether you are eligible to be covered on a No Win No Fee basis by getting in touch with our advisors. They may be able to assign a solicitor from our panel to your case if it’s valid. The solicitors from our panel can offer their services under a CFA.
Call Us To Ask About Making An Accident At Work Claim
If you’re still wondering ‘I had an accident at work, who is liable?’, you can get in touch with our team of advisors. They can also discuss your rights after an accident at work. To reach them, you can:
- Call the number at the top of the page
- Use the live chat function
- Contact us via our website
We have included some additional reading relative to accidents at work:
Furthermore, we have provided you with some more of our own guides:
- Accident at work claims time limit
- A guide to accidents at work due to faulty equipment
- Sick pay after an accident at work
Thank you for reading our guide exploring the question ‘I had an accident at work, who is liable?’. If you have any other queries, get in touch with our team on the number above.
Writer Beck Perch
Editor Meg MacAllister