Frequently Asked Questions On Accident At Work Compensation Claims

This guide aims to answer frequently asked questions regarding accident at work compensation claims. Within this guide, we will discuss the duty of care you are owed while at work by your employer, and when you could be eligible to make a personal injury claim if they were to breach this duty. We will also provide examples of different types of workplace accidents you may be able to claim compensation for.

Additionally, we will explain how long after an accident at work you could start a personal injury claim. We will also provide guidance on the types of evidence that could be collected to help support an accident at work claim.

Within this guide, we will also share how personal injury compensation is calculated for a successful claim. Furthermore, this guide will explain the benefits of making a work injury compensation claim with the help of a No Win No Fee solicitor from our panel.

If you have any additional questions that this guide may not have covered, you can contact one of our advisors. They are available 24/7, and can also offer you free advice for your potential injury at work claim.

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Cartoon workers depicting different types of accidents at work

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When Could You Make An Accident At Work Compensation Claim?

Under the Health And Safety At Work etc Act 1974, all employers owe their employees a duty of care and should take reasonable steps in order to ensure their employee’s safety. This could include ensuring all employees have received appropriate training, are provided sufficient personal protective equipment (PPE) when necessary, and performing regular risk assessments and maintenance checks.

In order to have a valid accident at work claim, certain eligibility criteria will need to be met. This means that you will need to be able to demonstrate:

  • Your employer owed you a duty of care.
  • They breached their duty of care.
  • You suffered injuries as a result of this breach.

To check whether you may have a valid accident at work compensation claim, you can contact one of our advisors today. They can also help answer any questions you may have regarding the personal injury claims eligibility criteria.

How Long After An Accident At Work Can You Start A Personal Injury Claim?

If you are eligible to make an accident at work compensation claim, you will need to ensure that you begin legal proceedings within the personal injury claims time limit. This is generally set out as three years from the date of the accident, as stated within the Limitation Act 1980.

However, this time limit can differ under specific circumstances. For instance, if you are under eighteen at the time of the accident, the three year time limit comes into effect on your eighteenth birthday. A litigation friend could make a claim on your behalf prior to your 18th birthday. If you turn eighteen and a claim has not been started on your behalf, then the three year time limit is instated.

In cases in which the individual who is injured lacks the mental capacity to start their own claim, the limitation period is suspended. A litigation friend could act on their behalf during this suspension. If no claim has been made and the injured person regains the mental capacity to start their own legal proceedings, they will have three years to do so from the date of recovery.

If you have any questions regarding the personal injury claims time limit, or if you would like to know whether you have enough time to start your own workplace injury claim, you can contact our advisors.

Construction worker in a flannel shirt with an injured back.

What Accidents At Work Could I Claim For?

There are various types of workplace accidents that you could potentially claim for. Some examples include:

  • Slips, trips and falls – for example, your employer failed to properly cover some loose computer wires in your office job, and you trip over these, suffering an ankle injury.
  • Manual handling – if your employer failed to provide you with sufficient manual handling training before asking you to performing lifting and carrying duties, this could cause you to suffer a back injury such as a strain due to poor lifting technique.
  • Lack of PPE – if the need for PPE has been identified, your employer should provide this to you. For example, your employer may be obligated to provide you with a hardhat while working on a construction site. If they fail to do this, you could suffer a serious head injury due to construction materials falling on you.
  • Malfunctioning machinery – for example, if your employer failed to perform regular maintenance checks on a production line, this could cause it to malfunction and you could suffer a crush injury to your arm.

These are only a few examples. However, you must remember that in order to be able to make a personal injury claim for your workplace injuries, you will need to demonstrate that your employer breached their duty of care, causing your injuries.

To see whether you could be eligible to make a claim for workplace accident compensation, you can contact our advisors today. They can also answer any questions you may have about the personal injury claims process.

What Evidence Could Help Me Prove An Accident At Work Compensation Claim?

Gathering sufficient evidence that is relevant to your case could help support you in making an accident at work compensation claim. The evidence you collect should demonstrate how your employer breached their duty of care, the accident that this breach caused, and the injuries you suffered as a result.

Some examples of evidence that could help support workplace accident claims include:

  • Photographs of the accident scene after the incident.
  • Photographs of your visible injury to show the severity.
  • Medical evidence regarding the injuries you suffered and their treatment. This could include a copy of your medical records.
  • CCTV footage of the accident taking place.
  • The contact information of any potential witnesses who would be able to provide an account of the accident at a later date.
  • A copy of the report of your accident in the accident book. Any workplace with ten or more employees onsite is required to have one of these.

A solicitor who has experience working on injury at work claims could help you with gathering evidence to support your specific case. Contact our team of advisors today if you have any questions regarding the evidence you could collect for your claim, or to see if you could be eligible to work with a personal injury solicitor from our panel.

An office worker unconscious on the floor with their office chair tipped over.

How Much Compensation Could I Claim?

You can receive up to two heads of claim as part of your compensation award for a successful accident at work compensation claim. These two heads of claim are known as general damages and special damages.

General damages accounts for the pain and suffering you have experienced as a result of your injuries. This includes both physical and mental injuries. Various factors such as the type of injury you suffered and its severity will impact the amount you are awarded under this head of claim.

The Judicial College Guidelines (JCG) is a document that may be used by those valuing your claim for general damages. This is because it lists compensation guidelines for various types of injuries, ranging from minor injuries to more severe ones.

The table below lists some of these guideline compensation brackets. Please only refer to them as a guide. Additionally, it should be noted that the top entry has not been taken from the JCG.

Compensation Guidelines

Injury TypeSeverityDescriptionCompensation Bracket
Multiple Severe Injuries With Special DamagesSevereThis amount reflects a compensation award for multiple severe injuries with financial costs and losses such as prescriptions fees, lost earnings, and care costs.Up to £1,000,000+
Brain InjuryVery SevereThe individual is left with little to no environmental response, language function and will need full-time nursing care. £282,010 to £403,990
Hand InjuryAmputationEffective or total loss of both hands.£140,660 to £201,490
Back InjurySevereAn injury to the back which leads to severe pain and disability, as a result of damage to the nerve roots and spinal cord.£91,090 to £160,980
Knee InjurySevereAn injury to the knee which has led to loss of function, considerable pain and damage.£69,730 to £96,210
Leg InjuryVery SeriousA leg injury leading to an individual’s need for mobility aids for the remainder of their life.£54,830 to £87,890
Foot InjurySevereFractures of both heels or substantial reduced mobility and considerable pain. £24,990 to £39,200
Jaw InjurySeriousSerious fracture to the jawbone, leading to considerable pain when opening the mouth or eating. £17,960 to £30,490
Ankle InjuryModerateFractures of other injuries leading to some less serious disabilities.£13,740 to £26,590
Leg InjuryLess SeriousA simple fracture to the leg where there is no damage to the artery. £9,110 to £14,080

Can I Also Claim Special Damages In A Workplace Accident Claim?

In addition to general damages, you may also be eligible to receive special damages as part of your accident at work compensation. This head of claim provides you with compensation for the financial costs and losses you have experienced as a result of your workplace injury.

This could include, but is not limited to:

  • A loss of earnings, due to needing to take time off work to recover.
  • The cost of prescriptions and other medical expenses.
  • The cost of taxis, buses or trains to medical appointments.
  • Care costs if you required at-home care to cope with your injuries.

When claiming for these costs, you will need to provide evidence of them, such as with payslips or invoices.

If you have any questions regarding what other financial losses you could claim for under special damages as part of your personal injury claim, you can contact our advisors. They could also provided you with a free valuation of your case.

Can I Claim With A No Win No Fee Workplace Accident Claims Solicitor?

One of the personal injury solicitors on our panel who has experience working on accident at work compensation claims may be able to help you with your case, provided you have a valid claim. If you contact our advisors, they may connect you with one of them if it seems like you have a strong case. One of the solicitors on our panel may also offer to support your claim under a type of No Win No Fee agreement known as a Conditional Fee Agreement.

With this type of agreement in place, you typically won’t be expected to pay your solicitor any fees for their services either upfront or while your claim is ongoing. You also generally won’t be expected to pay them for the work they have provided if your claim proves unsuccessful.

However, a success fee will be due to your solicitor if your claim is a success. This success fee is taken from your compensation as a small percentage that is subjected to a legal cap.

A solicitor sat at a desk working on a accident at work compensation claim.

Contact Us

If you have any questions regarding making an accident at work compensation claim on a No Win No Fee basis, you can contact our advisors. They can also provide you with free advice for your particular case, and could also connect you with a solicitor from our panel. To connect with our advisors today, you can:

Further Information And Resources

Additional guides by us regarding accident at work claims:

Further resources can be found here:

If you have any further questions regarding the accident at work compensation claims process, you can contact our advisors.

Additional FAQs On Accident At Work Claims

Can I Claim Compensation If I Get Injured Because Of Poor Lighting At Work?

Can I Make A Claim If I Slipped On Ice At Work?

Is It Possible To Claim For Injuries Caused By Understaffing?

Can I Claim Compensation If I Broke A Bone At Work?

 

If you have any other questions not covered by this FAQ on accident at work compensation claims, please get in touch.