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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.
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 after suffering from an industrial injury.
Furthermore, we will discuss how legal representation could help you claim for industrial injuries and the benefits of using a No Win No Fee solicitor when making a personal injury claim.
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.
To get in touch, you can:
- Call 0333 000 0729
- Contact us online
- Use the live chat feature at the bottom of the page
Select A Section
- What Is An Industrial Accident Or Injury?
- What Accidents Could Lead To An Industrial Accident Claim?
- Who May Be Liable For An Industrial Accident?
- Industrial Accident Compensation Claim Time Limits
- What Evidence Could Help In Industrial Injury Claims?
- Industrial Accident Compensation Calculator
- Why Make An Industrial Injury Compensation Claim On A No Win No Fee Basis?
- Learn More About Claiming For Industrial Accidents
What Is An Industrial Accident Or Injury?
An industrial injury is any physical pain or mental suffering that occurs as a result of an industrial accident. An accident at work could occur in any workplace. However, industry presents some unique risks that may not be present at all or have minimal presence in other workplaces. For example, within an office setting, you are less likely to suffer chemical burns.
If you suffered injuries while carrying out work-related duties, you may wonder if you are eligible to make an industrial injury claim for personal injury compensation. As with all accident at work claims, in order to make an industrial accident claim, you must be able to prove that your pain and suffering occurred when your employer failed to comply with relevant health and safety legislation. This is what is meant by employer negligence.
As we move through this article, we’ll look further into the requirements you must meet, and the claims process you will need to follow. If you are ready to start your personal injury claim or have any questions, contact a member of our advisory team on the details at the top of the screen.
What Accidents Could Lead To An Industrial Accident Claim?
There are various ways an industrial accident at work could occur. Examples of common industrial accidents 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. If an employer failed to provide adequate training to their employees to ensure they can perform their duties safely, they may be able to claim. Furthermore, an employer could ask you to lift an object that is too heavy which could cause an industrial injury claim.
- 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. To make an industrial accident claim, you need to prove that your injuries were caused by employer negligence.
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.
What Are Common Industrial Injuries?
The amount of compensation you can claim after experiencing industrial injuries depends on factors, such as the extent of the injuries and how badly they have impacted your everyday life. Common injuries caused by industrial accidents include:
- Burn injuries
- Back and spinal injuries
- Head and brain injuries
- Dislocations and serious fractures, like a broken foot
- Burn injuries
- Electrical injuries
- Fatal injuries
If a loved one has suffered a fatal injury due to negligence, you can still make an industrial injury claim on their behalf. To learn more about how to claim compensation using a No Win No Fee personal injury solicitor, please contact us for free using the above details.
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 employer’s responsibility to provide workplace training, carry out regular maintenance and provide personal protective equipment if 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.
Industrial injury claims must meet the personal injury claims criteria:
- Firstly, you need to highlight that the third party in question (in this case, your employer) owed you a duty of care.
- Secondly, you need to show that your injury was caused by their actions or inactions
- Finally, you need to prove that these actions or inactions caused your injury.
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 make an industrial accident 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 generally, you have three years from the date of the accident to make an industrial accident claim.
However, there are some exceptions to this industrial injury claims time limit:
- If under 18, the injured person will have three years from their eighteenth birthday. Alternatively, someone could apply to the courts to claim as a litigation friend on their behalf.
- If the injured person cannot 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 claim as a litigation friend on their behalf.
Therefore, with industrial accident claims, you must seek legal advice as soon as possible. Our advisors are available 24/7 and can help answer any questions you may have.
What Evidence Could Help In Industrial Injury Claims?
This section will provide you with more information about what evidence could help in industrial injury claims. When claiming for industrial injuries, it’s important to remember when you’re able to claim compensation. You aren’t simply claiming compensation for an injury – you’re claiming because the injury was caused by employer negligence.
Therefore, to claim compensation for an industrial injury, you need sufficient evidence to show this. This is a vital aspect of the claims process. Evidence that could be used includes:
- Photographs of your injury and the accident site
- A copy of the accident report. After certain industrial accidents, employers need to create an official record of the accident for their accident book. This can be used as evidence.
- Witness statements. Witnesses can be important in an industrial accident claim as they can help clarify how the accident happened.
- Medical records. These can help highlight how the injury has impacted you. Remember, in industrial accident claims, you can also claim for more than one injury as long as you can prove that the injuries in question were caused by the same act of negligence.
- CCTV footage. If there is CCTV footage, it can help you in an industrial accident claim by clearly showing how the accident occurred.
If you are unsure if you have enough evidence to claim, our advisors will be more than willing to help answer any questions you have. A solicitor from our panel can help you build an industrial injury claim by collecting evidence. Contact us for free to learn more about claiming for industrial accidents.
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 – the primary one of which is general damages. General damages compensate for the pain and suffering of your physical and psychological injuries caused by the accident.
As such, when making industrial injury claims, your general damages compensation amount can be based on factors, such as:
- The extent of your injury
- The amount of industrial injuries you have suffered
- How badly the injury has impacted you
- Whether you’ve suffered any permanent health issues
Remember, it isn’t just physical injuries you claim for, but also psychological ones.
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 as well as add the top row, which isn’t from the JCG but shows you how compensation could be awarded in a claim for multiple injuries. Please be aware that these brackets should be viewed as a guide. This is because every industrial injury claim is unique, meaning that your compensation amount could differ from the figures below.
| Injury | Details | Amount of Compensation |
|---|---|---|
| Multiple serious injuries plus special damages | Some settlements may include compensation for multiple injuries of a severe nature plus any related expenses, such as lost earnings, mobility aids and nursing care. | Up to £1,000,000+ |
| Moderately Severe Injury Resulting from Brain Damage (a) | The injury will cause a very serious disability. The person will lack meaningful responses to their surroundings and require full time nursing care. | £282,010 to £403,990 |
| 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 |
| 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) (i) | Injuries such as a compression or crush fracture affecting the lumbar vertebrae. | £27,760 to £38,780 |
| 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 |
Claiming Financial Losses In An Industrial Accident Claim
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
- Medical costs
- Loss of earnings
- Travel expenses
- Housing alterations
To claim special damages after suffering industrial injuries, it’s important to remember that you need evidence to show the financial losses. Evidence that could be used includes receipts, invoices, payslips and bank statements.
Contact our team of advisors today if you would like to enquire about industrial accident compensation payouts. Our advisors can provide you with a more accurate estimate of the amount of compensation you could receive from an industrial injury.
Why Make An Industrial Injury Compensation Claim On A No Win No Fee Basis?
If you are eligible to begin an industrial injury claim, you could opt to instruct a solicitor from our panel. They have experience handling accident at work claims and can assist with the following:
- Gathering evidence
- Valuing your compensation payout
- Sending correspondence on your behalf
- Ensuring your claim is brought forward within the relevant time limits
- Providing updates on your claim as it proceeds
Furthermore, they can offer these helpful services via the terms of a No Win No Fee agreement known as a Conditional Fee Agreement. Generally, this means that you won’t be required to pay for your solicitor’s services upfront, as the claim proceeds, or if the claim fails.
You will need to pay a percentage of your compensation to your solicitor as their success fee. However, this percentage is subject to a legal cap ensuring you benefit the most from your payout following a successful industrial accident compensation claim.
To learn more about the services our panel of solicitors can offer on this basis or to discuss industrial accident claims, get in touch. You can:
- Call 0333 000 0729
- Contact us online
- Use the live chat feature at the bottom of the page
Learn More About Claiming For Industrial Accidents
The below links can provide you with more information about how to make an industrial accident claim.
More informative links related to claiming for industrial accidents:
- Why Is It Important To Report Accidents In The Workplace?
- Chemical Burn At Work Compensation Claims Explained
- What Are Your Employers’ Responsibilities After An Accident At Work?
External links for further reading:
Thank you for taking the time to read our guide to claiming industrial accident compensation. If you have any other questions about claiming for industrial accidents, get in touch on the number above.
Written by JO
Edited by MMI
