Welcome to this guide on when you could make a personal injury claim if poor lighting in the workplace caused you to have an accident which led to injury. It will discuss the criteria that need to be fulfilled in order to pursue personal injury compensation as well as how long you have to initiate legal proceedings.
We also explain how compensation for successful accident at work claims is calculated. We also explain what evidence you should try to gather to support your case.
In addition, we explain the benefits of working with our panel of No Win No Fee solicitors should you have an eligible claim and wish to initiate legal proceedings with us at Legal Helpline.
Please continue reading to learn more about claiming compensation for a workplace accident. Alternatively, you can contact an advisor via the details below to discuss your potential options after being injured at work:
Browse Our Guide
- Could I Claim If Poor Lighting In The Workplace Caused An Injury?
- Why Poor Lighting In the Workplace Causes Accidents And Injuries
- Check What Evidence Could Help You Make A Successful Claim
- Calculating Settlements For Workplace Accidents
- Claim For Injuries Due To Poor Lighting In The Workplace With A No Win No Fee Solicitor
- Further Guidance On Workplace Injury Claims
An employer’s duty of care is to take reasonable steps, as well as steps that are practicable, to ensure their employees’ safety while at work and performing their work duties. This is outlined in The Health and Safety at Work etc. Act 1974 which is the central piece of workplace health and safety legislation.
Additionally, Regulation 8 in The Workplace (Health, Safety and Welfare) Regulations 1992 states that every workplace shall have suitable and sufficient lighting.
If your employer failed to uphold their duty of care, and this caused you to become injured, you may wonder whether you could make a personal injury claim.
To be able to seek compensation for an injury caused by poor lighting in the workplace, you must meet the personal injury claims criteria. This means showing:
- Your employer owed you a duty of care.
- Your employer breached the duty of care they owed you.
- As a result of this breach, you were injured.
How Long After An Accident Could You Claim?
There are a couple of exceptions that could apply in certain circumstances. To learn more about this and the eligibility criteria, please ask our team of advisors.
Accidents as a result of poor lighting in the workplace could involve tripping over objects on the floor or falling down the stairs. Employees may also use equipment or machinery ineffectively if they are unable to see properly.
Below, you can find some examples of the injuries could be sustained in an accident caused by poor lighting at work.
- A broken leg could be sustained if you trip and fall over exposed wires in a hallway because you cannot see them.
- Lacerations and deep wounds could happen if there is dim lighting in a warehouse, meaning you are unaware of how close your arm is as you are using a saw to cut wood.
- A dislocated shoulder might happen if you fall down the stairs due to no stairwell lighting.
To discuss your specific circumstances and find out whether you’re eligible to make a workplace injury claim, please call an advisor on the number above.
As your workplace injury claim progresses, evidence can be essential. Evidence can help prove who is responsible for your injury, as well as showing how your injury has affected you.
Here are some types of evidence that you could gather:
- CCTV footage of the accident.
- Photographs of the poor lighting and your injury.
- A copy of the incident report from the accident report book.
- A diary with recordings of your physical/mental state.
- Contact details of witnesses, if there are any.
Whilst it is not a legal requirement, you could benefit from instructing a solicitor to represent your claim. The solicitors on our panel have experience handling accident at work claims and could assist you in collecting evidence and building your case.
To find out whether you’re eligible to have a solicitor help you seek compensation for your injuries, please call an advisor on the number above.
If your workplace injury claim succeeds, you will receive compensation for the pain and suffering caused by your injuries, physical, psychological or both, under general damages. This is one of the heads of loss that will make up your overall payout following a successful claim.
Several factors can be considered when valuing general damages, including:
- Your injury’s severity.
- Your injury’s treatment and recovery period.
- The overall impact on your quality of life.
Solicitors can also use different documents to help them, including any medical evidence provided in support of your case alongside the Judicial College Guidelines (JCG). The JCG contains different injuries and their guideline compensation brackets.
The figures below are from the JCG. Please use them only as a guide, however, as each settlement will be determined on a case-by-case basis.
|Injury||Severity||Guideline Compensation Bracket||Comments|
|Leg||Severe (b) (i)||£96,250 to £135,920||Injuries not involving amputation but that are so severe they are awarded damages at a similar level, such as an extensive degloving of the leg.|
|Severe (b) (ii)||£54,830 to £87,890||Injuries causing permanent mobility issues.|
|Neck||Severe (a) (iii)||£45,470 to £55,990||Fractures or dislocations are included in this bracket.|
|Moderate (b) (i)||£24,990 to £38,490||Fractures or dislocations causing severe immediate symptoms and requiring a spinal fusion.|
|Wrist||Less Severe (c)||£12,590 to £24,500||Permanent disability is caused such as a degree of ongoing pain and stiffness.|
|Toe||Severe (c)||£13,740 to £21,070||Injuries resulting in severe damage and causing ongoing significant symptoms.|
|Moderate (e)||Up to £9,600||Straightforward fractures.|
|Arm||Simple (d)||£6,610 to £19,200||Simple forearm fractures.|
|Foot||Modest (g)||Up to £13,740||Simple metatarsal fractures.|
|Elbow||Moderate or minor (c)||Up to £12,590||Simple fractures with no permanent damage or function impairment.|
What Could Be Claimed For As Special Damages?
You may also be awarded special damages if you receive general damages. This head of loss compensates for the financial expenses incurred due to your injuries. For example:
- Costs for domestic care.
- Adaptation costs, if necessary, to your house or car.
- Travel costs.
- Costs for medical care, such as medication.
- Loss of earnings.
Since you need evidence to prove your financial losses, you should keep hold of receipts, invoices, travel tickets, bank statements, and payslips.
For a free valuation of your injuries caused by poor lighting in the workplace, contact an advisor.
Once our advisors have assessed your accident at work claim for free and determined that you are eligible to pursue personal injury compensation, you could choose to work with a solicitor from our panel.
They work on a No Win No Fee basis offering a contract called a Conditional Fee Agreement (CFA). This typically means you won’t be expected to pay any upfront fees to access your solicitor’s services, or any fees for their continued work on your case. Also, no fees will be required for their work if your case fails.
After a successful claim, your solicitor will take a success fee from your compensation. This is taken as a percentage which has a legal cap.
Contact Us About Workplace Accident Claims
Our panel of solicitors have years of experience representing accident at work claims. To find out whether they could help you claim for injuries caused by poor lighting in the workplace, please get in touch. To reach them, you can:
For more of our guides:
- Find out about an employee’s rights after an accident at work including when a personal injury claim could be made.
- Learn about what your employer’s responsibilities are after an accident at work and whether you could claim if these aren’t adhered to.
- Read our guide discussing ankle injury claims and how compensation is calculated.
For more external resources:
- Health and Safety Executive – Workplace health and safety statistics.
- GOV.UK – Statutory sick pay.
- NHS – First aid.
Thank you for reading our guide on whether you can claim if poor lighting in the workplace caused you to have an accident and injury. If you have any other questions, please call an advisor on the number above.