Industrial Accident Claims – A Guide to Claiming Compensation

It’s fair to say that no industry will ever be completely safe and free from risk. However, whatever type of job you do, your employer must take practical steps to try and keep you as safe from industrial accidents as possible. It’s also the case that if your employer’s negligence led to you being injured, you could be entitled to claim compensation for your suffering. Therefore, this guide on industrial accident claims answers some of the most common questions about the claims process.

Our team know how workers can be affected by workplace accidents and the suffering they can cause. As a result, we offer a no-obligation consultation where you can discuss your claim with a specialist. Furthermore, if your industrial accident claim is suitable, you could be represented by one of our No Win, No Fee solicitors.

If you’d like to find out more, you can:

• Call our team on 0333 241 2519.
• Connect to our free live chat service.

Getting legal advice as soon as possible after an industrial accident can significantly enhance the chances of a claimant receiving a fair settlement for their pain, suffering, and financial losses incurred because of the accident.

Can I Make an Industrial Accident Claim?

If you’re to be compensated for injuries sustained in an industrial accident, you will need to prove that you were owed a duty of care by your employer. Luckily, that’s quite easy to achieve because all employers need to take practical steps to protect workers because of the Health and Safety at Work etc. Act 1974. This is the overarching piece of legislation that covers workplace safety. It may be substantiated by other specific legislation that’s relevant to certain industries or types of jobs.

To try and comply with this legislation, some of the steps that need to be taken by employers to try and prevent industrial accidents include:

• Ensure all staff are trained on health and safety.
• Providing equipment that is well maintained and fit for purpose.
• Carrying out risk assessments of the workplace at regular intervals and removing any dangers identified (where possible).
• Providing Personal Protective Equipment (PPE), for free, where risks can’t be removed in other ways.
• Allowing staff regular rest breaks to help reduce tiredness-related accidents.

Failure to comply with legalisation requirements regarding health and safety could mean your employer has breached their duty of care and might enable you to seek industrial accident compensation for any subsequent injuries.

The general criteria that you’ll need to prove when making an industrial accident claim are:

• At the time of your accident, your employer owed you a duty of care.
• The accident happened as a direct consequence of your employer’s negligence.
• Your injuries can be linked to that accident.

Do you think you’ve got a valid industrial accident claim? If so, please get in touch to see how we can help you get compensation.

Types of Industrial Accident Claims We Can Help With

As shown in the previous section, industrial accident claims are possible when your injuries are caused at work by someone else’s negligence.

A shortlist of just some of the types of industrial claims we can help with include:

• Injuries from machinery entanglements.
• Electric shocks due to exposed live wires or faulty equipment.
• Chemical burns from hazardous substance exposure.
• Explosions or fires from flammable materials.
• Falls from heights.
• Hearing loss from prolonged exposure to industrial noise.
• Thermal burns from hot surfaces or liquids.

Whatever type of incident you’ve been involved in, please give us a call if you’d like us to review your options for free.

What Should I Do After an Industrial Accident?

If you are involved in an industrial accident, you should:

• Inform your supervisor about the accident.
• Ensure the accident is logged in an accident report book.
• Have your injuries treated by medical professionals.
• Write down how the accident happened while everything is fresh in your mind.

Importantly, you might need to explain how your accident happened to your employer or even the Health and Safety Executive (HSE). You must be as honest as possible and participate in any investigations as they will give your employer the chance to make changes to prevent similar accidents in the future.

What Evidence Might I Need to Claim Industrial Accident Compensation?

While you might think you have a clear-cut personal injury claim following an industrial accident at work, liability for the incident or your injuries could be contested if you don’t have enough evidence.

Some examples of evidence that could be used to strengthen an industrial accident claims include:

• Photographs of any visible injuries and the cause of the accident.
• Copies of X-rays, test results and medical records.
• Your copy of an accident report form.
• CCTV footage (or similar) if the accident was recorded.
• Details of any potential witnesses to the accident.

You should try to secure supporting evidence for industrial compensation claims at your earliest opportunity. However, your solicitor could try to find additional information to support your claim at a later date if required.

If you want us to review the strength of your industrial accident claim, give us a call today.

What Time Limits Apply To Industrial Injury Claims?

If you’ve been injured in an industrial accident you should try to start your injury claim as soon as you can. That’s because, according to the Limitation Act 1980, the standard time limit for filing industrial injury claims is generally three years from the date of the accident or from the date you first became aware that your injury was related to your industry or workplace.

However, there can be exceptions to this rule. For instance, in cases where the injured individual lacks the mental capacity to handle a claim, the limitation period may not commence until their capacity is restored.

It’s also worth noting that some conditions, particularly those related to industrial diseases, may not become apparent until many years after the initial exposure or circumstances that caused them. In such cases, the three-year period starts from the ‘date of knowledge’, the day you became aware or were diagnosed.

While that may seem like quite a lot of time to take action, there are specific tasks that need to be completed before the claim is filed. Filing the claim after the deadline will usually result in it becoming statute-barred which, in turn, would mean you’d miss out on any compensation payout you were entitled to.

How Much Industrial Injury Compensation Can I Claim?

If you make a successful industrial injury claim, you’ll be compensated by your employer’s insurance provider. Usually, your payout will be formed of:

• General damages – covering psychological and physical pain and suffering.
• Special damages – covering any costs or expenses caused by your injuries.

To ascertain how seriously you’ve been injured, your solicitor will ask for copies of your medical records. Additionally, they might arrange for you to have an independent medical assessment. Using these two pieces of evidence together should help them to put a value on your injuries.

Our compensation table below lists some examples of guideline settlement brackets from the Judicial College Guidelines (JCG). These amounts are not definite compensation payouts as each claim is unique.

• Moderate head injuries that impact memory, reduce ability to work, or lead to personality changes and a high risk of epilepsy may attract compensation between £43,060 and £219,070.
• PTSD cases that cause significant disability but have a comparatively positive future prognosis might see compensation payouts between £23,150 and £59,860.
• Temporary eye injuries expecting full recovery within a few weeks may lead to compensation between £2,200 and £3,950.
• Complete hearing loss in one ear, with compensation depending on the impact on the individual, may attract awards between £31,310 and £45,540.
• Severe spinal injuries to the upper or lower back, potentially causing paralysis or affecting lower body organs, may attract awards between £38,780 and £160,980.

The special damages that could be awarded as part of industrial accident compensation include:

• The cost of adapting your vehicle or home if you’ve been left with a disability.
• Rehabilitation and medical expenses.
• The cost of support or care.
• Loss of earnings and future losses.
• Travel expenses.

We are more than happy to discuss the potential level of compensation you could receive in an industrial accident claim so please feel free to reach out to us today.

Can Compensation Be Claimed for Fatal Industrial Accidents?

Unfortunately, 135 workers died in industrial accidents in 2022/23 according to the HSE. While no amount of compensation will ever help to get over the loss of a loved one, it can help with any resulting financial implications.

For example, a fatal industrial accident claim could cover:

• Your loss of companionship.
• Funeral expenses.
• Any financial reliance on the deceased’s income or benefits.

Additionally, you could claim on behalf of your loved one’s estate to cover their pain and suffering before they died.

Various parties might be deemed as dependents of the deceased which could entitle them to claim compensation. To check whether you could claim for your loss, please feel free to call us today.

What If I’m a Contractor or Self-Employed?

All workers are owed a duty of care by their employers, not just full-time employees. As such, you should receive the same health and safety training, PPE and equipment as other staff if you’re self-employed, a consultant, part-time, a contractor or a zero-hours contractor while you’re at your place of work.

If you’ve been involved in an industrial accident and are unsure of your rights regarding a workplace accident, please call our team today.

Will I Need an Industrial Injury Solicitor if I Make a Claim?

It is perfectly acceptable for you to make an industrial claim for a work-related injury without taking on legal representation. However, it can be tricky to navigate the, sometimes complex, legal process. Having a specially trained solicitor on your side can make things much easier and could improve your chances of being compensated.

If you work with one of our specialist work accident solicitors, some of the services they could provide include:

• Collecting and reviewing evidence to support your claim.
• Liaising with your employer so you don’t need to answer any difficult questions directly.
• Ensuring that your industrial accident claim is filed correctly and on time.
• Trying to ensure that any settlement offer is fair before it’s accepted.
• Sending you regular updates about how your case is progressing.

What’s more, our solicitors always work on a No Win, No Fee basis for any industrial claim they take on. Using a Conditional Fee Agreement (CFA) to fund their work means that:

• No fees for your solicitor’s work are payable upfront or while the claim is being processed.
• If the claim fails, you don’t have to pay for your solicitor’s services.
• A success fee will be deducted from your compensation if the claim is won.

Legally,  the percentage of your settlement that can form a success fee is capped at 25 per cent. This ensures that if your claim is won, you’ll retain the bulk of any compensation.

How Long Do Industrial Accident Compensation Claims Take?

In practice, there isn’t a set amount of time for processing industrial accident claims. That’s because several factors contribute to how quickly the claims process can be finalised.

For example, if you have suffered serious injuries and your prognosis is not properly understood yet, the claims process could take over a year or longer.

Conversely, if you have already fully recovered from your injuries when you begin the industrial accident claims process, you could receive a compensation payout in 6 to 8 months or so.

In some cases, where liability for your accident has been accepted but more time is needed to finalise the claim, you could receive interim payments to help you deal with any immediate financial problems such as loss of earnings.

How Many Industrial Accident Claims Go To Court?

In our experience, very few industrial injury claims require court intervention. Generally, employers and lawyers will try to avoid the additional time and costs involved in court hearings by settling claims amicably. However, a court hearing might be required if this is not possible.

To protect you from having to pay your employer’s legal fees if you were to lose in court, your solicitor is likely to insist that an After The Event (ATE) compensation policy is taken out before agreeing to take on your case.

Contacting Us About an Industrial Accident Claim

If you have decided to speak to us about you’re eligibility to make a compensation claim for industrial-related injuries, you can:

• Call our team on 0333 241 2519.
• Use our free live chat service (available 24 hours a day).

We’ll provide no-obligation legal advice in a completely free initial consultation to discuss your options. If your claim appears to be feasible, we could connect you with one of our solicitors who’ll work on a No Win, No Fee basis if your industrial accident claim is taken on.