Personal Injury at Work – A Guide to Claiming Compensation

With the best will in the world, no workplace will be completely safe and free from risks. However, employers must protect your well-being by taking practical steps to try and prevent personal injury in the workplace. Failure to take such steps could be deemed as negligence if an accident occurs. Such negligence could entitle you to seek compensation for any subsequent suffering. Therefore, this guide answers questions on how to claim compensation for a personal injury at work.

If you’d like to discuss a workplace personal injury claim, we’re here to help. As part of our free initial consultation, one of our specialists will answer your questions and provide no-obligation legal advice. What’s more, if your claim seems to be valid, you could be partnered with one of our No Win, No Fee solicitors.

To arrange your free consultation you can:

• Speak to a specialist by calling 0333 241 2519.
• Discuss your claim online via our live chat channel.

Getting legal advice as soon as possible after an injury at work can significantly enhance the chances of receiving personal injury compensation for your pain, suffering, and financial losses incurred due to the accident.

Types of Personal Injury at Work We Can Help With

When it comes to claiming compensation for work-related personal injuries, here are some common types that accident-at-work solicitors frequently handle:

• Amputations.
• Bone fractures.
• Dislocations.
• Crush injuries.
• Sprains and strains.
• Soft tissue injuries.

Whether your specific injury has been mentioned here or not, if you believe your employer is liable for your suffering, please do not hesitate to call our legal advisors for free advice now.

Can I Make a Personal Injury at Work Claim?

While you’re working, your employer has a legal duty of care towards your safety because of the Health and Safety at Work etc. Act 1974. Essentially, the law places an obligation on your employer to take reasonable steps to try and prevent you being involved in a workplace accident such as:

• Assessing the workplace for risks on a regular basis and removing dangers wherever possible.
• Providing health and safety training on a regular basis.
• Ensuring personal protective equipment (PPE) is supplied where required.
• Maintaining and repairing all workplace equipment so it is safe to use.
• Looking at alternative methods of working to reduce physical injuries.

If you sustained a personal injury at work that was avoidable and happened because of your employer’s negligence, it might be possible to begin a compensation claim. To check whether that’s the case, see if you can answer yes to the following three questions:

1. Were you owed a duty of care by your employer?
2. Did they breach that duty and cause an accident in which you were involved?
3. Did the accident cause you to become ill or injured?

If you suspect you are entitled to claim for a personal injury at work, please call today.

What Types of Negligence Can Lead to a Personal Injury at Work Claim?

We’ve included the following scenarios to give you some idea of the types of employer negligence that could lead to a personal injury at work claim that we can help with:

• You suffered a slipped disc in your back which prevented you from working for almost a year because your employer failed to provide manual handling training.
• Your employer failed to repair damaged shelving in a warehouse despite being informed about it. As a result, the shelving collapsed when overloaded and you suffered multiple broken bones and a concussion.
• Cleaners in your workplace had not been provided with warning signs by your employer. As a result, you slipped and fell on a wet floor and suffered a broken wrist and a torn Achilles tendon.
• Whilst working on a building site, you were left paralysed after falling down a deep excavation that hadn’t been fenced off or highlighted with warning signs.

Of course, there are too many potential workplace accidents to list here so please feel free to get in touch if you’d like to discuss why you suffered a personal injury at work.

Will I Be Disciplined for Suing My Employer?

No, it is against the law for you to be treated any differently by your employer for making a legitimate compensation claim for personal injury against them. By doing so, your employer could face separate legal action for unfair or constructive dismissal.

Therefore, you should not worry about being disciplined, fired, demoted or picked on as a result of your claim.

What Should I Do After Sustaining a Personal Injury at Work?

If you are unfortunate enough to sustain a personal injury at work, you should:

• Log what happened in the company’s accident report book.
• Visit A&E or your GP to have your injuries properly diagnosed and treated.
• Make sure you tell your supervisor about the incident as soon as you can.
• Keep a written record of how the accident occurred and how you’ve suffered.

Additionally, if an investigation is carried out by the Health Safety Executive (HSE) or another body, you should comply fully. This will help them identify the cause of the accident and for changes to be made to prevent similar injuries in future.

What Evidence Will I Need for a Personal Injury at Work Claim?

Even if you believe your employer is going to accept responsibility for your personal injury in the workplace from the outset, evidence should be collected in case their insurer tries to limit how much compensation you’ll receive.

Therefore, when claiming for a personal injury at work, the following evidence could all be presented to strengthen your claim:

• A written record of what happened along with details of your injuries.
• Copies of your medical records, X-rays and test results.
• CCTV footage of the accident if it was caught on camera.
• Details about anyone who witnessed your accident.
• A copy of an accident report form.

If you’ve been injured at work and would like to make a personal injury claim, please give our team a call and we’ll review the evidence for free. Don’t worry if you don’t have everything listed as, if your claim is accepted, your solicitor may try to secure further information as part of their service.

How Long Do I Have to Claim Compensation?

If you’re going to claim compensation for workplace personal injury, you must do so within a 3-year time limit. This is defined in the Limitation Act 1980 and, in most cases, begins on the date of your accident or from the date when you first became aware that your injury was related to your work (also known as the ‘date of knowledge’).

Generally, we’d suggest starting your claim at your earliest opportunity as doing so will allow plenty of time for evidence gathering and other tasks that need to be completed before your claim is filed.

How Much Compensation for Workplace Personal Injury?

Should a workplace personal injury claim be successful, the compensation payout will usually cover:

• Pain, suffering and loss of amenity (general damages).
• Financial costs or losses linked to the injuries (special damages).

Usually, solicitors will compare personal injuries to the Judicial College Guidelines (JCG) as they list potential settlement brackets for a range of different injuries.

To help with the process of valuing your own injuries, you may need to attend an independent medical assessment so that the full extent of your suffering is understood.

In addition to general damages, you could receive compensation for special damages to cover:

• Loss of earnings – including future losses.
• Medical expenses – such as the cost of plastic surgery or physiotherapy.
• The cost of care or support at home.
• Travel expenses.
• The cost of modifying your vehicle or home to help you cope with any permanent disabilities.

We are happy to consider the value of your personal injury claim so please feel free to call us for your free consultation.

Can I Claim for Psychological Harm Following a Personal Injury at Work?

If you make a successful claim, your payout could include damages for any psychological suffering you’ve endured.

For example, you might be entitled to compensation if you’re unable to work because of Post-Traumatic Stress Disorder (PTSD). Similarly, if your injuries have caused depression, anxiety, distress or other forms of suffering, this could be covered by your compensation payout.

When claiming for psychological suffering linked to a personal injury at work, your solicitor will need to obtain medical evidence to prove your case.

What Are My Rights If I’m a Consultant or Self-Employed Worker?

Companies who hire consultants, sub-contractors, zero-hours staff or self-employed workers owe them the same legal duty of care towards their safety while they’re at work.

Therefore, even if you’re not employed directly by a company if their negligence has caused you to suffer a workplace personal injury, you may have grounds to start a compensation claim against them.

To check your rights with regard to a personal injury claim at work, please call today.

Will I Need a Workplace Injury Solicitor to Claim Compensation?

To start a claim against your employer for personal injury compensation, you are not obligated to take on legal representation. If you want to do so, you could use the information in this guide to start the claims process on your own.

However, working with a workplace injury solicitor who specialises in accidents and injuries in the workplace might make things run more smoothly and could increase your chances of receiving a fair settlement.

If your claim is accepted by one of our solicitors, they’ll use their legal skills and training to:

• Check that you have enough evidence to prove your case (and look for more if you don’t).
• Handle communication with your employer and their insurance provider.
• Argue your case and present further evidence where possible to try and counter any objections raised.
• Negotiate hard to try and ensure any compensation offer is fair.

Throughout the claims process, your solicitor will work on a No Win, No Fee basis. That means you’ll only pay their success fee if the claim is won and you won’t be asked to pay for their work upfront.

To see if you could make a No Win, No Fee personal injury at work claim, please contact our team today.

How Long Do Workplace Personal Injury Claims Take?

Unfortunately, we can’t tell you exactly how long your personal injury claim against your employer will take as each claim is unique.

The time taken to settle your claim is likely to come down to:

• Your employer’s willingness to accept the blame for your accident.
• Whether you’ve recovered from your injuries or you’re still receiving treatment.
• How long your injuries are going to affect you?

In the most straightforward cases i.e. where you’ve completely recovered and your employer accepts liability, a claim might be settled in as little as 6 months or so. If your claim is more complex or further negotiation is needed, the claims process can be longer than a year.

In some instances, where liability has been proven but your prognosis is still uncertain, you could be awarded interim compensation to help cover lost earnings, care costs or other immediate expenses.

Will I Need to Go to Court?

Generally, solicitors and insurance providers will try to avoid court action for workplace personal injuries as it can be costly and time-consuming.

However, in some cases, it will come down to a court to decide on liability for your injury and how much compensation you should be paid.

Importantly, our solicitors will always insist that After The Event (ATE) insurance is in place before working on a claim to cover any costs you’re told to pay if the court finds in your employer’s favour.

Contact Us About a Personal Injury at Work Claim

We’re here to help if you’d like to check whether you are entitled to compensation for a personal injury at work. To begin the claims process, you can:

• Call 0333 241 2519 to speak with one of our specialist advisors.
• Use our live chat service any time of day.

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