How To Claim Industrial Accident Compensation

This guide will provide information on how you could receive industrial accident compensation. If your employer’s negligence caused the injuries you sustained in an accident at work or an illness you developed due to poor workplace conditions, you may be eligible to make a personal injury claim. A successful claim must prove that the injuries resulted from employer negligence. To clarify, negligence is the breach of a duty of care which is owed to you by your employer.  

industrial accident compensation

Industrial accident compensation claims guide

This guide will look at what an industrial accident is and how this type of accident could occur. In addition, we will explore the steps you can take after you sustain harm at work, such as gathering evidence to support your case.

We will also explore the amount of compensation you could receive for your injuries following a successful claim.

Furthermore, we will discuss how legal representation could benefit your case and the advantages of entering into a No Win No Fee agreement.

Read on for more information. Alternatively, please speak to one of our advisors to find out how to begin your claim for industrial injuries compensation today.    

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Select A Section

  1. What Is An Industrial Accident Or Injury?
  2. What Could Cause An Industrial Accident?
  3. Who May Be Liable For An Industrial Accident?
  4. Industrial Accident Compensation Claim Time Limits
  5. Industrial Accident Compensation Calculator
  6. Why Choose Legal Helpline?

What Is An Industrial Accident Or Injury?

You could be involved in an industrial accident whether you work in a warehouse, factory or on a construction site. They can happen in various ways and result in injuries ranging from minor cuts and sprains to severe long-term injuries and conditions. Some examples include: 

If the injuries you sustained were caused by negligence, you may be able to seek compensation. Our team of advisors are available to help you understand whether you’re eligible to claim.

What Could Cause An Industrial Accident?

There are various ways an industrial accident at work could occur. Examples include:

  • Slip, trip and fall – This could happen due to a slippery floor, torn carpet or objects left in a walkway. Hazards such as these should be signposted to reduce the risk of causing harm.
  • Manual handling – An employee not trained in manual handling could injure themselves by lifting heavy objects unsafely. Employers should provide adequate training to their employees to ensure they can perform their duties safely.
  • Defective work equipment – Faulty equipment could cause a range of injuries. For example, a defective forklift could result in a fatal accident. Employers must carry out regular maintenance checks on equipment to ensure it is safe and fit for purpose. 
  • Falling objects – Objects falling from shelves could hit an employee and injure them. Employers should take reasonable steps to ensure the workplace remains free from hazards that could pose the risk of injury.
  • Hazardous substances – Some workplaces require you to work with hazardous substances and must have measures in place to keep employees safe. For example, if necessary, your employer should provide personal protective equipment such as gloves or a mask.

Not all accidents in the workplace can result in claims. You must prove that an employer was negligent causing you to sustain harm in order to seek compensation. For example, an employer uses faulty machinery that emits a loud, high-pitched noise every day for a prolonged period of time, causing noise-induced hearing loss. The employer did not perform a risk assessment or put safety measures in place, such as providing hearing protection. Therefore, their negligence caused their employee to be injured, resulting in them making an industrial deafness compensation claim.

Has employer negligence caused you to be injured? If so, don’t hesitate to contact us today to find out how to start an industrial accident compensation claim. 

How Common Are Industrial Accidents?

The Health and Safety Executive (HSE) website compiles useful work accident statistics on the health and safety of workplaces. In 2020/21, employers reported under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

  • 51,211 non-fatal employee injuries.
  • 18,988 of these non-fatal accidents were to upper limb locations. 
  • Across all industries, 496 non-fatal injuries were caused by exposure to, or contact with, a harmful substance. 

Who May Be Liable For An Industrial Accident?

In the workplace, your employer has a duty of care laid out by the Health and Safety at Work etc. Act 1974 (HASAWA) to take reasonably practical steps to ensure your safety. It covers an employers responsibility to provide workplace training, carry out regular maintenance and provide personal protective equipment if it is deemed necessary.

However, an employer could breach their duty of care causing an employee to sustain an injury. This could result in them making an industrial accident compensation claim. 

However, it is important to note that there is a responsibility on employees to behave sensibly and adhere to any training provided. Therefore, if an employee chooses to ignore their training and, as a result, injures themselves, their employer may not be held responsible, and you would not be able to claim.

If your employer’s negligence has caused you to be injured, contact our team of advisors to find out how to make an industrial accident compensation claim. 

Industrial Accident Compensation Claim Time Limits

Time limits for making an industrial accident compensation claim are laid out by the Limitation Act 1980. It states that you generally have three years from the date of the accident to start your claim or three years from the date you connected the injury to negligence.

However, some exceptions may apply:

  • If under 18, the injured person will have three years from their eighteenth birthday. Alternatively, someone could apply to the courts to make a claim as a litigation friend on their behalf. 
  • If the injured person cannot make a claim as they lack the mental capacity, they will have three years from their recovery date, if applicable. Additionally, someone could apply to the courts to make a claim as a litigation friend in their place.  

Therefore, it is imperative you do not hesitate to start your claim. Get in touch with our advisors today to enquire whether your claim is within the legal time limits.  

Industrial Accident Compensation Calculator

Here, we will answer the frequently asked question, ‘how is personal injury compensation calculated?’. There are two heads of personal injury settlements: special damages and general damages. Special damages compensate for both past and future financial losses caused by the injury. On the other hand, general damages compensate for the pain and suffering of your physical and psychological injuries caused by the accident. 

Solicitors often use the Judicial College Guidelines (JCG) to help them value the general damages portion of claims. This text compiles figures from previously awarded amounts to create compensation brackets. The brackets correspond to different injuries all varying in severity. 

We have used figures from the most recent edition of the JCG to create the table below. The edition was published in April 2022. Please be aware that these brackets should be viewed as a guide.

InjuryDetailsAmount of Compensation
Moderately Severe Injury Resulting from Brain Damage (b)The injury will cause a very serious disability. The person will be substantially dependent on others and will need constant care. £219,070 to £282,010
Amputation of Arms (b) Loss of One Arm (iii) A below the elbow amputation of one arm.£96,160 to £109,650
Deafness/Tinnitus (b)Complete deafness that may be accompanied by tinnitus or a speech deficit.£90,750 to £109,650
Deafness/Tinnitus (d)(i)Severe tinnitus and noise-induced hearing loss.£29,710 to £45,540
Severe Back Injury (a)(iii)Fractures or lesions of discs or soft tissue injuries that lead to chronic conditions. Disabilities will remain despite treatment, such as pain and discomfort. £38,780 to £69,730
Moderate Back Injuries (b) (iii) Injuries such as a compression or crush fracture affecting the lumbar vertebrae.£27,760 to £38,780
Serious Vibration White Finger and/or Hand Arm Vibration Syndrome (b)The injury will significantly interfere with work and domestic life. There may be attacks throughout the year.£16,760 to £31,640
Skeletal Injuries (b)Multiple fractures of the facial bones. There will be some permanent facial deformities.£14,900 to £23,950
Dermatitis (a)The condition affects both hands, causing cracking and soreness, affecting employment and other areas of life.£13,740 to £19,200
Serious Shoulder Injuries (b)Damage to the lower part of the brachial plexus and the dislocation of the shoulder, which causes pain in the shoulder, neck and elbow. £12,770 to £19,200

Additionally, you can claim for any expenses you have paid or will have to pay due to the injury under special damages. This could include:

  • Care costs
  • Loss of earnings
  • Travel expenses   
  • Housing alterations

It is crucial to know that you must be able to prove any special damages caused by your injuries. You could do this by providing evidence such as travel tickets, payslips and bank account records.     

Contact our team of advisors today if you would like to enquire about industrial accident compensation payouts

What Are The Rates For Industrial Disability Benefits? 

The government can pay Industrial Injuries Disablement Benefits when you become ill or disabled because of an accident or disease at work. Some of the diseases included are deafness, asthma and chronic bronchitis.  

The benefits you receive depend upon a medical assessment of your level of disability. You could receive from £37.72 – £188.60 per week. You must fill in and post a claim form to apply for these benefits.       

Why Choose Legal Helpline?

Legal Helpline offers free legal advice that places you under no obligation to progress your claim. 

However, there is a specific type of No Win No Fee agreement that the solicitors from our panel can offer. It’s called a Conditional Fee Agreement (CFA). As per this agreement, if your case is unsuccessful, you do not have to pay for your solicitor’s services. Therefore, eliminating the financial concerns of having to pay large upfront and ongoing fees for your solicitor’s services.

On the other hand, a successful claim will mean you pay a small percentage of your compensation to cover their fees. This is a legally capped success fee. 

To learn more about the services our panel of solicitors can offer on this basis or to discuss your potential industrial accident at work claim, get in touch. You can:  

Related Workplace Accident Claims

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Thank you for taking the time to read our guide to claiming industrial accident compensation. If you have any other questions, get in touch on the number above.

Written by JO

Edited by MMI