A Guide to Claiming Workplace Accident Compensation

While you’re at work, your employer is legally obliged to take steps to try and keep you safe. You therefore have a right to make a personal injury claim if their negligence caused you to suffer following a workplace accident. In this article, we answer some common questions relating to workplace accident compensation.

If you have been injured at work, our team is here to help. We offer a no-obligation consultation where you can discuss your workplace accident and ask any questions you think of. If we believe you have a valid claim, we could partner you with a workplace accident solicitor from our team. Importantly, they’ll provide a No Win, No Fee service if you both agree to work together.

To discuss claiming workplace accident compensation with a specialist advisor, you can:

• Contact our team on 0333 241 2519.
• Use our live chat service which is available 24 hours a day.

Getting specialist advice as soon as possible after a workplace accident can significantly enhance the chances of being compensated fairly for your pain, suffering, and financial losses caused by the accident.

Am I Eligible To Claim Workplace Accident Compensation?

Employers have a duty under the Health and Safety at Work etc. Act 1974 to try to protect the well-being of their staff.

The duty means that your employer should:

• Assess the workplace for any risks regularly and mitigate for any hazards identified.
• Train all staff on workplace safety.
• Provide Personal Protective Equipment (PPE) if a risk can’t be countered in other ways.
• Ensure all equipment is fit for purpose, used as intended and maintained properly.

If your employer fails to uphold their duty of care, it may be possible that their negligence could entitle you to workplace accident compensation.

If you wish to make a workplace compensation claim, you’ll need to prove that:

1. You were legally owed a duty of care by your employer.
2. They acted negligently and caused an accident.
3. The accident led to you being injured or made ill.

If you believe you’re entitled to workplace injury compensation, why not call us for free advice about your next steps?

What Should I Do Immediately After a Workplace Accident?

Following an accident at work, some of the steps you should consider taking include:

• Report the accident to your supervisor. Most companies need to keep a record of workplace accidents. Therefore, you may receive a copy of your accident report form.
• Seek medical attention. While you might receive first aid for a workplace injury, you should think about seeking professional medical advice. This could be at a GP surgery, A&E or a minor injuries unit.
• Keep a record of your suffering. A diary of events and how your injuries have affected you could make it easier to recall what happened at a later date.

In some cases, workplace accidents must be reported to the Health and Safety Executive (HSE) under RIDDOR regulations. You must, therefore, comply fully with any investigation that follows when asked.

What Evidence Might I Need to Claim Workplace Compensation?

Even if you believe your employer will accept the blame for your injury, you should collect evidence to prove what happened in case there are any objections from their insurance company.

The types of evidence that can strengthen workplace compensation claims include:

• Photographs of the accident scene including any obvious cause.
• Details for any potential witnesses so your solicitor can collect statements where required.
• A copy of your accident report form.
• Copies of medical records proving your injuries and any treatment you endured.
• CCTV, mobile phone or other types of video evidence.

Additionally, it’s a good idea to keep track of any expenses you’ve incurred following a workplace accident. For example, you should keep receipts for any fuel or parking costs linked to hospital visits.

If you would like us to review the evidence available for your workplace compensation claim, please speak to one of our specialist advisors today.

Time Limits for Claiming Workplace Accident Compensation in the UK

All personal injury claims in the UK have a three-year time limit defined by the Limitation Act 1980. For workplace compensation claims, this will usually begin on the date the accident occurred or when your injuries were diagnosed and linked to the accident.

In situations where the injured party lacks the mental capacity to claim compensation themselves, due to the nature of their injury or other reason, the time limit may not apply until they regain capacity. As such a litigation friend could handle the claim on their behalf.

Generally, three years should give plenty of time to begin the claims process. Leaving a claim too late could mean there’s not enough time for evidence to be gathered and an investigation to be properly conducted. If your claim isn’t filed on time, it may become statute-barred meaning you wouldn’t be compensated regardless of who was to blame.

To check if you’ve got enough time to claim workplace injury compensation, please contact one of our advisors today.

What Compensation Can I Claim for a Workplace Accident?

Any workplace accident compensation you receive will usually be formed of two heads of loss. General damages cover any pain, suffering and loss of amenity linked to your injuries (including psychological) while special damages cover any financial losses.

To help value your injuries following a work accident, you may need an independent medical assessment. If needed, an appointment that you’ll need to attend will be arranged by your solicitor.

The resulting report will often be used by your solicitor in conjunction with the Judicial College Guidelines (JCG). This document lists various injuries along with guideline settlement brackets.

In our compensation table, you’ll see example JCG settlement brackets for several workplace-related injuries. Please note, however, that compensation payouts can vary and the amounts listed are not guaranteed.

• Ankle injuries ranging from moderate to severe, including fractures and potential disabilities, may lead to compensation between £13,740 and £50,060.
• Severe arm injuries resulting in major restriction and disability in one or both arms can lead to compensation between £39,170 and £130,930.
• Moderate back injuries, such as compression of lumbar vertebrae or ligament damage, with constant pain and discomfort, may result in compensation between £12,510 and £38,780.
• Temporary eye injuries with full recovery within a few weeks can lead to compensation between £2,200 and £3,950.
• Amputation of the little finger due to injury can lead to compensation between £8,640 and £12,240.
• Minor hand injuries, such as soft tissue damage or penetration wounds with recovery within 6 months, may lead to compensation up to £4,750.
• Moderately severe head injuries leading to severe disability, personality changes, or mental disability may result in compensation between £219,070 and £282,010.
• Moderate shoulder injuries causing neck tissue damage and restricting movement in the arm and elbow can lead to compensation between £7,890 and £12,770.

Special damages that could be paid in workplace compensation claims include:

• Present and future loss of earnings.
• Medical treatment and rehabilitation costs.
• Care costs.
• The cost of making changes to your home i.e. to install a ramp that improves wheelchair accessibility.
• Replacement personal property costs.
• Other costs including travel expenses.

To learn how much workplace compensation you could claim, please speak to a member of our team today.

Can I Claim Compensation for Injuries Caused by Workplace Equipment?

As part of their duty of care, your employer must try to ensure the safety and suitability of all workplace equipment. If they don’t, and you’re injured as a result, you could receive compensation for any suffering that results. Here are some examples of equipment-related accidents and injuries:

• You lost two fingers while unjamming a conveyor belt because it started moving even though the emergency stop button had been pressed.
• You suffered broken bones in your lumbar vertebrae after falling a ladder that had known defects but had not been replaced.
• The load of a forklift reach truck fell onto you causing severe head, neck and back injuries. The accident occurred because the reach truck had not been maintained in accordance with the manufacturer’s guidelines.

Our team is here to help with workplace compensation claims. Therefore, if you’ve been injured by faulty or damaged equipment at work, please feel free to get in touch.

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

At the beginning of this guide, we explained that employers have obligations regarding the health and safety of their employees. In fact, this legal duty applies to all workers not just those on full-time contracts.

Therefore, if you’re self-employed, a contractor or on a zero-hours contract, you may still have grounds to make a workplace compensation claim if you can prove your accident only occurred as a result of your employer’s negligence.

We will happily review the merits of your claim for free so please contact us for free.

Establishing Fault in Workplace Compensation Claims Cases

Earlier in this guide, we explained that you should collect evidence when making a workplace compensation claim. This can be helpful if there’s any argument over liability for your accident.

When your solicitor begins the claims process, they’ll present that evidence to your employer. All being well, your employer will agree that they caused your accident. However, if liability is denied, both parties will need to present further evidence to try and establish who was to blame. This might include video footage, witness statements or other forms of evidence discussed earlier.

If your employer does agree on liability, the process will move on to establishing the value of your settlement. Again, there may be some objections regarding the extent of your suffering. Therefore, more negotiations will be needed and further evidence will need to be provided to establish the value of your workplace compensation claim.

Will I Need a Solicitor for My Workplace Compensation Claim?

It is possible to make a workplace compensation claim without the help of a specialist solicitor. However, you might decide to take on legal representation to make the workplace compensation claims process easier.

If your case is handled by one of our solicitors, they may offer to:

• Collect evidence to establish the facts in your claim.
• Make sure your claim is presented clearly, concisely and on time.
• Argue your case and negotiate if any objections are raised.
• Provide you with regular updates about your claim.
• Try to secure the maximum level of compensation possible.

Importantly, our solicitors handle all workplace compensation claims on a No Win, No Fee basis. That means they’ll work under a Conditional Fee Agreement (CFA) so you:

• Don’t need to pay upfront for their services.
• Won’t pay for your solicitor’s work while the claim progresses (or if it is lost).
• Will have a success fee deducted from any compensation payout you receive.

If you’d like us to check if your workplace accident claim could be managed on a No Win, No Fee basis, please call our team today.

How Long Does a Workplace Compensation Claim Take?

The time taken for workplace compensation claims to be finalised varies from case to case.

For example, if you have recovered in full and your employer accepts that they caused your injuries quickly, you might receive a full and final settlement within one year.

However, claims can take more than a year if negotiations over liability are required or if your prognosis isn’t properly understood.

In some cases, where liability has been accepted by your employer, you could receive interim compensation payments before the claim is finalised. These amounts do come out of any final settlement you’re paid but they can help you to cover lost earnings, care costs and similar expenses in the meantime.

We can check how long your workplace compensation claim might take so please feel free to call.

Do Workplace Compensation Claims Go to Court?

It is our experience that very few workplace compensation claims require court intervention. Generally, employers, insurers and claimants try to avoid court hearings because of the time and costs involved.

However, if your case is taken to court, it will be down to a judge to decide whether or not you should be compensated. If they settle the case in your favour, they’ll also decide how much workplace compensation you should be paid.

If the claim is lost, you might become liable for your solicitor’s legal costs. In most cases, though, your solicitor will have made sure that some form of insurance is in place to cover such costs before agreeing to represent you.

Contact Us About Claiming Workplace Accident Compensation Today

The easiest way to find out if you could make a personal injury claim against your employer is to:

• Call us on 0333 241 2519 to discuss your case.
• Connect to our live chat service.

Remember, if you believe you’re entitled to workplace accident compensation, we’ll assess your claim for free and provide no-obligation legal advice. Therefore, you’ve got nothing to lose by reaching out to us today.