You might be able to make a claim if you are on a zero hour contract as staff and you have been injured in an accident at work. However, you will need to prove that your employer breached their duty of care and that this is what caused you to be harmed in a workplace accident.
This guide will discuss the duty of care your employer owes you in more detail. Furthermore, we will explain the time limitations for starting a personal injury claim. Additionally, we will share examples of the injuries you could potentially suffer in a workplace accident.
You can contact our advisors if you have any questions about starting an accident at work claim. They are available 24/7 and could offer you free legal advice for your potential claim.
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- Could I Claim For A Zero Hour Contract Staff Accident At Work?
- Examples Of Zero Hour Worker Injuries
- How Do You Prove Your Employer Was Negligent?
- Example Payouts For A Zero Hour Contract Staff Accident At Work
- Start Your No Win No Fee Claim For A Zero Hour Contract Staff Accident At Work
- Learn More About Work Accident Claims If Employed On A Zero Hours Contract
If you are employed on a zero hour contract as staff, and you had an accident at work, you might be eligible to pursue compensation. However, you will need to prove that your employer caused the accident due to them breaching their duty of care. Additionally, you must have suffered an injury in the accident. A breach of duty of care that results in an injury is known as negligence.
Your employer owes you a duty of care regardless of whether you are a full-time or part-time employee. This also extends to employees who are employed under a zero hour contract. This kind of contract can also be called a casual contract and means that the employer does not need to offer work, nor does the employee need to accept it. However, the same health and safety responsibilities still apply.
Per their duty of care, as stated in the Health and Safety at Work etc. Act 1974, they must take reasonable steps to ensure your safety while you are in the workplace. Reasonable steps could include carrying out risk assessments and maintaining good housekeeping.
Time Limits To Claim For A Zero Hour Contract Staff Accident At Work
Additionally, you must ensure that you commence your claim within the time limits stated in the Limitation Act 1980. You will have 3 years to start your personal injury claim from the date that the accident occurred.
There are also certain exceptions to this 3-year time limit. This applies to claims involving children or those who lack the mental capacity to claim for themself.
If you are working on a zero hour contract as staff and you had an accident at work, do not hesitate to contact one of our advisors to see whether you could make a claim. Additionally, they could advise whether you still have enough time to begin your claim and provide further information about the exceptions mentioned above.
No matter whether you work on a zero-hour basis at a construction site, retail shop, or as a cleaner, there are various types of injuries you could suffer if you were to be involved in an accident at work.
Some examples of the types of injuries you could suffer include:
- Breaks and fractures, such as a broken leg or fractured forearm.
- Sprains and strains, such as a sprained ankle.
- Brain and head injuries.
- Cuts, bruises or puncture wounds.
Contact our advisors if you have any questions about claims for specific workplace accidents, such as slip, trip or fall accidents. You could be connected with a No Win No Fee lawyer from our panel if you have a valid claim.
Regardless of the type of accident you were in or the injury you suffered, providing a sufficient amount of evidence could help support your chances of a successful claim. Some examples of evidence you could collect for your claim include:
- A completed report in the accident book (if applicable).
- Photographs, videos, or CCTV footage of the accident.
- The contact details of any eyewitnesses.
- A copy of your medical records stating the type of injury you suffered.
You can contact our advisors today if you have any further questions about proving liability in a personal injury claim. Furthermore, they may connect you with a solicitor from our panel who could help you collect evidence if they believe you could make a claim.
If your claim is successful, the suffering and pain you have experienced due to your injury will be through the general damages head of your claim.
When valuing claims, legal professionals will refer to the Judicial College Guidelines (JCG) to help them. This is because the JCG states compensation guidelines for different kinds of mental and physical injuries. This is why we have used the amounts listed in the 16th edition of the JCG when creating the following table.
However, your settlement could differ from the figures listed below due to the various factors affecting your specific claim.
Compensation Guidelines Table
|Back - Severe (i)||A severe injury that affects the spinal cord and nerve roots with a combination of severe consequences not usually found in back injuries.||£91,090 to £160,980|
|Serious Damage to Both Hands||Such injuries will result in a serious loss of function and a permanent cosmetic disability.||£55,820 to £84,570|
|Ankle - Very Severe||A deformity caused by severe soft-tissue damage with a transmalleolar fracture that may require future amputation.||£50,060 to £69,700|
|Neck - Moderate (i)||The person will suffer immediate symptoms following a fracture or dislocation. They may also require spinal fusion.||£24,990 to £38,490|
|Leg - Less Serious (i)||Fractures that have made a reasonable recovery, but the person will still be left with various issues, such as a limp or impaired mobility.||£17,960 to £27,760|
|Knee - Moderate (i)||A torn cartilage/meniscus or a dislocation that causes minor instability with weakness and wasting.||£14,840 to £26,190|
|Arm - (d)||Simple fractures in the forearm.||£6,610 to £19,200|
|Foot - Moderate||A permanent deformity due to displaced metatarsal fractures. These will also cause continuing symptoms.||Up to £13,740|
|Shoulder - Moderate||Limited shoulder movement and discomfort lasting around 2 years due to a frozen shoulder.||£7,890 to £12,770|
|Brain Damage - Minor||Any brain damage will have been minimal. How much you receive will be affected by various factors, such as the initial severity and the presence of headaches.||£2,210 to £12,770|
Calculating Special Damages Payouts
Furthermore, your compensation settlement could also include special damages. This compensates you for the financial losses that your injury has caused you to experience. Some of the losses you could make a claim for include:
- Care costs.
- Travel costs.
- Medical expenses.
- A loss of earnings.
However, you must also remember to provide sufficient evidence regarding these losses. Invoices, receipts and payslips could as be used as evidence in your claim.
Contact our advisors today to see whether you could make a personal injury claim.
If you are eligible to make a personal injury claim, a solicitor from our panel could help you with your case. Our experienced panel of solicitors have years of experience handling different kinds of work accident claims. They could help you with organising a private medical assessment regarding your injuries and building a solid case. Additionally, they may offer to represent you with a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.
There are various benefits when you make a claim with a No Win No Fee solicitor. For example, you are usually not expected to pay them any upfront or ongoing service fees. Furthermore, you are generally not obligated to pay them for the services they have provided if the claim does not succeed. However, if the claim does succeed, you will pay them a percentage of your compensation award. This is called a success fee, and the amount your solicitor can take is capped by law.
You can contact our advisors today to see whether you could make a claim. If they think that you could, they may connect you with one of the solicitors on our panel.
If you are on a zero hour contract and you had an accident at work, you can call our advisors to see whether you could make a claim. Our friendly team is available 24/7 to offer you free legal advice for your potential claim. Additionally, they could answer any of your questions about making a personal injury claim.
Contact one of our advisors today by:
Additional articles about accident at work claims:
- Can I claim compensation for a self-employed accident at work?
- Do you have to be an employee to make a work accident claim?
- Agency worker accident at work claim.
- Health and Safety Executive (HSE) – Non-fatal injuries at work in Great Britain.
- UK.GOV. – Contract types and employer responsibilities.
- NHS – How do I know if I’ve broken a bone?
Contact our advisors today if you are on a zero hour contract as staff and you had an accident at work to see whether you could make a claim.
Written by MR
Edited by FS