After Having A Work Related Injury Who Pays Your Claim?

In this guide, we answer the question, “I’ve had a work-related injury, who pays the compensation?” If you’ve suffered an injury at work that wasn’t your fault, you could claim.

Work Related Injury Who Pays

A guide to work-related injury: who pays?

Many different accidents could happen in the workplace, and many different injuries could arise. This guide goes into detail on how to make an accident at work claim and establish where responsibility lies.

You can select a section of your choice in the drop-down list below. And if you have any questions, you can contact Legal Helpline at any time. Our panel of personal injury solicitors could handle your claim if we assess your case and determine that it’s strong.

Does My Employer Pay My Work-Related Injury Claim?

We can answer this question and any others. Note that you don’t have to pursue any personal injury claims after talking to us, but we’re here to help if you want free legal advice. Just call 0161 696 9685, message us on our 24/7 Live Chat or write to us through our contact form.

Jump To A Section

  1. Our Guide On Work-Related Injury Who Pays The Settlement
  2. How Many People Are Injured In The Workplace?
  3. What Are Injuries In The Workplace?
  4. What Is Your Employer’s Duty Of Care?
  5. Why Do Employers Need To Have Liability Insurance?
  6. Who Do I Claim Against If My Employer Was Uninsured?
  7. Are Any Employers Exempt From Having Insurance?
  8. What Are My Rights If I Was Injured At Work?
  9. Calculating Claims For A Work-Related Injury And Who Pays It
  10. Special Damages
  11. Steps To Take If You Suffer A Work-Related Injury: Who Pays The Damages?
  12. No Win No Fee Damages Claims For Work-Related Injuries
  13. Speak To An Expert
  14. Useful Links
  15. FAQs

Our Guide On Work-Related Injury Who Pays The Settlement

As we progress through this guide, we will explain who pays after a work-related injury. But first, it’s important to note that a successful claim would involve proving that the negligence of a third party caused your injury. Negligence is the foundation on which all successful compensation claims are made.

Essentially, you can prove negligence if your case meets the following criteria:

  • A person, organisation or public body owed you a duty of care to protect your safety.
  • However, there was a breach of this duty, causing an accident/incident.
  • As a result, you were injured.

Please read on or contact us to find out more about claiming after an accident at work.

How Many People Are Injured In The Workplace?

If you have a work-related injury, whoever pays your compensation if the claim wins can vary. In many cases, your employer would be the defendant for a claim if their negligence caused your injuries. However, the employer’s insurance company would pay compensation.

Accidents in the workplace aren’t uncommon and aren’t necessarily always caused by employer negligence. According to the Health and Safety Executive (HSE), 693,000 workers reported that they suffered non-fatal workplace injuries in 2019/20. (The HSE is a government agency that advises on health and safety in the workplace.)

In that same year, 65,427 non-fatal injuries to employees were reported by employers through the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Only certain workplace accidents and injuries must be reported by the employer through RIDDOR. A failure to do so could see the organisation receive a large fine.

Not all of these accidents will be caused by employer negligence. However, if your injuries were, why not get in touch? Our advisors are available 24/7 and can give you free legal advice on your accident in the workplace.

What Are Injuries In The Workplace?

Injuries in the workplace are any physical or psychological harm that an employee suffers after a workplace accident. This covers a wide range of injuries, and they could be at any level of severity.

Such injuries can subsequently cause you to take time off work. In addition, there may be other consequences such as a loss of independence, a lengthy recovery period and possible medical treatment.

HSE statistics on workplace injuries show a slight decline between 2017 and 2020, as reflected in the graph below. However, the decline in 2019/2020 should be considered with the pandemic (where many were working from home) taken into account.work-injury-claims-statistics-graph

Injuries in the workplace can be caused by:

  • Faulty machinery provided by your employer
  • Slips, trips and falls caused by hazardous floors (such as those with spillages that haven’t been attended to)
  •  A lack of necessary Personal Protective Equipment (PPE)

Injuries in the workplace might include:

These are just some of the injuries that could stem from an accident at work, so don’t worry if your own injuries aren’t listed.

What Is Your Employer’s Duty Of Care?

Your employer has a duty of care to you as set out in the Health and Safety at Work etc. Act 1974. This legislation requires employers to protect the safety of their workforce as much as is reasonably possible. This involves doing everything reasonably possible to mitigate risks to their well-being.

Additionally, this duty can extend to any contractors or clients that are on the premises. It covers all sites on the employer’s property, such as an office, a stockroom or a car park.

It’s not always going to be the case that a claim will be filed every time an accident happens. However, if an employer breaches their duty of care, causing you injury, you could claim.

Examples of an employer’s breach of duty include:

  • Asking you to use faulty machinery that they know might not be safe.
  • Not training you properly in how to use certain tools though the use of them is required in your role.
  • Asking you to work in a hazardous environment but not providing you with the necessary, appropriate PPE.

An employer’s insurance company (as a consequence of a work-related injury) generally pays compensation if the employer is liable.

To find out if you could make a successful workplace accident claim, why not reach out?

Why Do Employers Need To Have Liability Insurance?

It’s a legal requirement for the majority of UK businesses to have Employers’ Liability (EL) insurance. The Employers’ Liability (Compulsory Insurance) Act 1969 outlines this.

This becomes a necessity once they become an employer. The insurance policy must cover them for at least £5 million and an authorised insurer must provide it.

Employers’ Liability insurance aims to help the employer pay compensation if an employee makes a claim because they’re injured or ill due to employer negligence.

Therefore, if you make a successful claim against your employer, the compensation should come from their insurer rather than the workplace.

Who Do I Claim Against If My Employer Was Uninsured?

We’ve established that the employer’s insurers would cover the compensation payment should a claim be successful. However, though they’re supposed to, it’s not always the case that employers have an insurance policy in the first place.

From your vantage point, though, the situation doesn’t change too drastically. You could still file your claim against your employer for compensation for an injury. The situation would change for the employer, though.

Without liability insurance in place, they may have to pay for their own legal representation. Furthermore, if they lose the case, the employer pays compensation for the work-related injury.

Therefore, it’s in the employer’s best interests to have liability insurance. Otherwise, the long-term cost of just one claim might be very significant.

Please call us using the number at the top of this page to ask any questions.

Are Any Employers Exempt From Having Insurance?

There are some situations where an employer doesn’t require liability insurance. One of these is for a company that doesn’t have any employees. This could be, for example, a sole trader without any employees.

Because there are no employees, there’s no need to get insurance to cover any injuries to staff.

The other situation that might allow a company to be exempt from requiring insurance is one that only hires close family members.

Call our advisors if you want to know more about exemptions for liability insurance.

What Are My Rights If I Was Injured At Work?

There are numerous rights that you would have if you suffer an injury in the workplace. The first of these would be to receive appropriate medical treatment.

Medical Treatment

Under The Health and Safety (First-Aid) Regulations 1981, employers need to supply appropriate equipment and have the necessary facilities so that employees can get immediate help if they’re injured or ill at work. There should also be staff who’re trained to give first aid.

Accident Log Book

Your employer should have an accident log book. Make sure that your injury and accident are recorded clearly and correctly with dates and times.

Sick Pay

Another right would be to receive Statutory Sick Pay (SSP) if you qualify for it. Many employers offer company sick pay which can be used instead of SSP.

Recovery Time

If you’re unable to work due to your injuries, you should spend time recovering. Getting a doctor’s note can help your employer understand how much time you’ll need to take off work.

Return To Work: Light Duties

If you’re able to return to work but can’t perform the same duties as you did previously, your employer should see if they can accommodate your needs.

Claim Compensation

Your employer isn’t able to give you a dismissal or disciplinary or treat you in an unfair way if you make an honest claim against them. If they do, you should seek legal advice.

Calculating Claims For A Work-Related Injury And Who Pays It

When considering how much compensation is attainable, there’s no specific amount for any one injury. That’s because every case is different. Also, consider the varying impact injuries have on the claimant’s life, both short-term and long-term.

That’s not including the severity of the injury and whether it could bring about permanent damage. Therefore, the payout that you may receive would depend on the circumstances of your case.

Compensation for the physical and psychological suffering you endure due to an injury that wasn’t your fault is called general damages.

The table below offers several estimates of potential compensation payouts for various injuries you could suffer at work. These fall under general damages.

The figures come from the Judicial College, though they are only estimates rather than guarantees of what you might get. The Judicial College provides guidelines that list a range of injuries and their severities alongside potential compensation amounts. Legal professionals use these guidelines to help them when valuing claims.

InjurySeverityCompensationNotes
Back InjurySevere (a) (i)£85,470 to £151,070Severe spinal cord damage that causes permanent pain, disability & an impact on other bodily functions
Leg InjuriesSevere (b) (i)£90,320 to £127,530A very serious leg break resulting in a permanent disability albeit short of amputation
Wrist InjuriesModerate (b)£22,990 to £36,770A broken wrist leaving a minor permanent disability but with an otherwise full recovery
Ankle InjuriesModest (d)Up to £12,900A minor ankle fracture with a full recovery
Head InjuryMinor Brain Injury (e)£2,070 to £11,980Damage to the head with a full recovery expected

After a work-related injury, your employer’s insurer pays general damages if you can prove that the injuries were your employer’s fault.

If you can’t see your injuries in the table above, why not get in touch? Our advisors give free estimates of what you could claim.

Special Damages

Special damages cover the financial losses that come about due to your injuries from the accident that wasn’t your fault. An example of this would be the income you may lose while you’re off work recovering from the injuries. Another would be the costs of any medication that you receive to assist with your recovery.

Then there are travel costs as you go to and from hospital appointments. There could be costs of aftercare for serious injuries, such as hiring a nurse to help you while you’re on the mend. Each of these could fall under special damages.

In order to prove special damages, you could provide documents to show your losses. These could include

  • Receipts
  • Invoices
  • Bank statements

Please get in touch if you want more insight into special damages.

Steps To Take If You Suffer A Work-Related Injury: Who Pays The Damages?

Your employer’s insurance generally pays for work-related injuries that lead to a successful claim. This would cover both general and special damages payments.

After being injured in an accident at work that wasn’t your fault, you could:

  1. Seek medical assistance. You may need to visit the hospital or a doctor’s office. It’s paramount that you get the medical help you need, plus the records may help if you make a claim.
  2. Gather evidence. You can get photographs of your injuries and the accident scene, CCTV footage and witness contact details (for statements if you claim).
  3. Seek legal advice. Our advisors are on-hand 24/7 and give free legal advice. You can quickly find out if you have a valid claim. What’s more, they could connect you with our panel of solicitors.

If you speak to a personal injury solicitor, they could begin building the strongest possible case for you. Why not get in touch?

No Win No Fee Damages Claims For Work-Related Injuries

You may benefit from a No Win No Fee agreement if you use the services of our panel. This allows you to avoid upfront and ongoing solicitor fees as you pursue your quest for compensation.

What’s more, you don’t pay your personal injury solicitor their fees if the case loses.

Under No Win No Fee, your solicitor must win your case to receive payment for their time from you. This usually means that the solicitor would be confident you’d make a successful claim.

If you do win your case, you will pay a success fee to your solicitor. This is subtracted from the compensation after it comes through. The success fee has a legal cap for your benefit.

To find out more about working with a No Win No Fee solicitor, talk to us anytime.

Speak To An Expert

We’ve now answered, “I’ve had a work-related injury, who pays compensation?” All that you need now is the opportunity to speak with one of our advisors.

It’s very easy to go about the process of initiating claims talks with us. There are three main ways to get in touch with us:

  • Call 0161 696 9685 to ask our advisors anything
  • Complete the online form for a callback
  • Use our 24/7 Live Chat service for instant online answers

Remember that you don’t have an obligation to progress with a claim just by contacting us. The final decision on whether or not to go through with any legal action is yours.

Useful Links

We hope we’ve answered the question “I’ve had a work-related injury, who pays my compensation?” If you need more information, though, these links should help you out.

There is further information available about the Health and Safety at Work etc. Act 1974.

You can also read up on statistics for workplace accidents and injuries courtesy of the Health and Safety Executive (HSE).

Finally, the HSE has a breakdown of fatal work injuries for 2021.

FAQs

How long do you have to claim for an accident at work?

You generally have 3 years from the accident date or from the date of knowledge to make a claim.

The time limit is frozen if the person doesn’t have the mental capacity to claim. A litigation friend could claim on their behalf. However, if they recover capacity, they’d have 3 years to claim from the recovery date.

Those under 18 can also have a litigation friend claim on their behalf. However, if nobody claims on their behalf, they’d have 3 years to do so from the date of their 18th birthday.

How do you report injuries in the workplace?

You would do so by logging it in the employer’s accident book. A failure of the employer to ensure that any notifiable injuries are reported through RIDDOR could see them heavily fined.

Thank you for reading our guide, which answers the question, “I’ve had a work-related injury, who pays the compensation?”

Written by MA

Edited by RV