This is a guide to when you could make a personal injury claim on the basis of employer negligence after a part-time staff accident at work. As an employee, whether you are part-time or full-time, you are owed a duty of care by your employer. Should they breach their duty of care, it could lead to you being involved in an accident and sustaining injuries. This is employer negligence.
As we move through this guide, we will explain how different injuries could occur in the workplace and involve a part time employee. Also, we will discuss what evidence you could use to show that employer negligence occurred. What’s more, we will look at the different types of damages that can make up personal injury compensation.
Continue reading to learn more about making a personal injury claim and when you could benefit from the use of a No Win No Fee solicitor. You can also get in touch with our team at Legal Helpline for free and confidential advice regarding your potential claim. They are available 7 days a week and 24 hours a day so that you can reach out at a time that best suits your needs.
You can:
- Call our team on 0161 696 9685
- Contact us online, or
- Use our live chat window to speak to an advisor today
Part time staff accident at work claims guide
Select A Section
- Could I Claim Compensation For A Part Time Staff Accident At Work?
- How Could You Be Injured In A Part Time Staff Accident At Work?
- What Steps Could I Take To Show My Employer Was Negligent?
- Work Injury Compensation Payouts
- Start A No Win No Fee Claim For A Part Time Staff Accident At Work
- Related Workplace Accident And Injury Claim Guides
Could I Claim Compensation For A Part Time Staff Accident At Work?
As a part time staff member, you are owed a duty of care at work. Under the Health and Safety at Work etc. Act 1974 (HASAWA), your employer must carry out reasonably practicable measures to ensure your safety while you’re at work. For example, they must perform risk assessments, provide personal protective equipment (PPE) where you are exposed to hazards, and give you proper training.
To make a personal injury claim after a part-time staff accident at work, you must meet the following criteria of eligibility:
- Firstly, your employer owes you a duty of care at the time and location your accident takes place.
- Secondly, they breach their duty of care.
- Thirdly, as a consequence of this breach, you sustain injuries that are physical, mental or both.
These are the conditions of employer negligence. If these are met, you may have valid grounds to bring forward a personal injury claim for an accident causing injury in the workplace.
What Time Limits Could Apply To Your Claim?
For personal injury claims made after a workplace accident, the Limitation Act 1980 lays out the time limits you must adhere to. These are important to consider when determining eligibility.
Generally, you will have three years from the date that your accident took place to start your compensation claim. Although, certain exceptions can apply where the time limit may be extended. Please speak to one of our advisors to learn more about these exceptions in relation to your potential part time staff accident at work claim.
How Could You Be Injured In A Part Time Staff Accident At Work?
In the workplace, there are various accidents that could occur and result in you sustaining injuries. For example:
- Slip, trip and fall accidents
- Manual handling accidents
- Being struck by a moving or falling object
- An accident involving defective work equipment
- Being struck by a work vehicle
These accidents could lead to a broad variety of injuries that could range in severity, such as fractures, lacerations, soft tissue injuries, brain damage and amputations. In the most severe of cases, a workplace accident could be fatal.
If you have been injured in a part time staff accident at work caused by your employer failing to take reasonably practicable steps to ensure your safety, please speak to a member of our team.
What Steps Could I Take To Show My Employer Was Negligent?
It is important to compile evidence that proves employer negligence in support of a personal injury claim following a part time staff accident at work. To do this, you could do the following:
- Gather CCTV footage of the accident
- Take photographic evidence of the accident scene and any visible injuries you sustained.
- Ensure the accident at work report book is filled out.
- Obtain a copy of your medical record.
- Keep a diary of how your symptoms progress and the treatment you receive.
- Note down the contact details of any potential witnesses.
In addition to these steps, you could also seek advice. Our team of advisors are available all day, every day, to provide free and confidential advice regarding your potential claim. Also, they have the ability to put you in contact with our panel of solicitors. A solicitor can help with the process of gathering and compiling evidence to support a claim.
Work Injury Compensation Payouts
In the event of a successful personal injury claim after a part time staff accident at work, there are two types of damages you could be eligible to receive in an award:
- General damages
- Special damages
Firstly, general damages can account for the physical and mental suffering caused by your injuries. This will consider the severity of your injury and the impact it has on your quality of life.
In the following table, we will include various injuries with compensation bracket guidelines. These are taken from the Judicial College Guidelines (JCG), which solicitors can use to aid them when assessing the value of a personal injury claim.
Guideline Compensation Table
Please remember that these figures are a guide and not an exact representation of the award you will receive.
| Injury | Severity | Notes on the Injury | Compensation Bracket Guidelines |
|---|---|---|---|
| Paralysis | Paraplegia (b) | The award figure will be impacted by the degree of independence the person has, their age, life expectancy, whether they are in pain, and to what extent. | £219,070 to £284,260 |
| Brain Damage | Moderately Severe (b) | Need for constant care, serious disability, and a substantial dependence on others. | £219,070 to £282,010 |
| Hand Injuries | Effective or Total Loss of One Hand (c) | Either all fingers and the majority of the palm are traumatically amputated, or the hand was crushed and surgically amputated. | £96,160 to £109,650 |
| Neck Injuries | Severe (a)(iii) | Severe damage to soft tissues or dislocations or fractures and/or ruptured tendons, leading to chronic conditions and permanent significant disability. | £45,470 to £55,990 |
| Leg Injuries | Severe (b)(iv) | Severe crush injuries or complicated or multiple fractures, generally to a single limb. | £27,760 to £39,200 |
| Foot Injuries | Serious (e) | Injuries within this bracket will cause continuing pain from traumatic arthritis or the chance that the person will have future arthritis, the risk of fusion surgery and prolonged treatment. | £24,990 to £39,200 |
| Arm Injuries | Less Severe (c) | Significant disabilities, but a substantial level of recovery will have occurred or will be expected. | £19,200 to £39,170 |
| Back Injuries | Moderate (b)(i) | There will be a broad variety of injuries within this bracket, such as a traumatic spondylolisthesis, with a probability that the person will require spinal fusion and continuous pain. | £27,760 to £38,780 |
| Toe Injuries | Amputation (b) | The great toe is amputated. | In the region of £31,310 |
| Knee Injuries | Moderate (b)(i) | Torn cartilage, dislocation or meniscus leading to minor instability, weakness, wasting, or a different mild future disability. | £14,840 to £26,190 |
Special Damages Awarded In Workplace Injury Claims
Under the special damages head of claim, a successful claimant can be compensated for the financial losses incurred due to their injuries. These losses may involve:
- Future and past loss of earnings
- Housing adaptations
- Care expenses
- Travel costs
To prove these losses, you could provide travel tickets, payslips, invoices or receipts.
If you would like to make an enquiry regarding the personal injury compensation award that you may be eligible to receive for your potential claim, please speak to one of our advisors. You could also use an accident at work claim calculator for an approximation of your payout tailored to the unique details of your claim.
Start A No Win No Fee Claim For A Part Time Staff Accident At Work
If you decide to use a personal injury solicitor to make a compensation claim, you may come across the term No Win No Fee agreement. One type of this kind of arrangement is known as a Conditional Fee Agreement (CFA), which would mean:
- Firstly, no payments for the services your solicitor provides are to be paid upfront or while your claim is ongoing.
- Secondly, there will generally be no payments for the services your solicitor provides ever in the instance your claim fails.
- Finally, should your claim succeed, your solicitor will deduct a small percentage, capped by legislation, of the compensation. This is a success fee.
To learn more about entering into a CFA with a personal injury solicitor, speak to our advisors. If they were to find that you may have valid grounds to claim, they could offer to connect you with one of the No Win No Fee solicitors from our panel. However, they will not place you under an obligation to further your claim with us.
Contact Us If You Had A Part Time Staff Accident At Work
Don’t hesitate to reach out to a member of our team for free advice and insight into the eligibility of your potential personal injury claim.
You can:
- Call our team on 0161 696 9685
- Contact us online, or
- Use our live chat window to speak to an advisor today
Related Workplace Accident And Injury Claim Guides
Please explore more of the guides available on our website:
- Agency Worker Accident At Work Claim
- Can I Claim Compensation For A Self-Employed Accident At Work?
- I Had An Accident At Work, Could I Claim After Leaving The Company?
In addition to this, take a look at the following external links:
- The Health and Safety Executive (HSE) – Managing risks and risk assessment at work
- NHS – Urgent and emergency care services
- GOV.UK – Statutory Sick Pay (SSP)
Thank you for reading this guide on when you could make a personal injury claim after a part time staff accident at work. However, if you have been left with any questions, don’t hesitate to get in touch via the details above.
Written by JO
Edited by FS