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.
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.
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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
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. Industrial accidents can lead to serious, life-changing injuries, which is why you may want to know more about claiming compensation.
Some examples of an industrial injury include:
- Noise-induced hearing loss
- Chemical injuries
- Vibration White Finger
- Crush injuries
If the industrial 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.
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.
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 are the same as personal injury claims in that there are three basic principles:
- 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.
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.
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.
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. 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|
|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|
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.
Can I Claim 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.
Legal Helpline offers free legal advice that places you under no obligation to progress your industrial injury 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. This, therefore, eliminates the financial concerns of having to pay large upfront and ongoing fees for your solicitor’s services.
Furthermore, when making an industrial injury compensation claim using this agreement, you would only have to pay for your solicitor’s legal fees at the end of your successful claim. They will take a legally capped portion of your compensation, referred to as a success fee.
To learn more about the services our panel of solicitors can offer on this basis or to discuss making industrial accident claims, get in touch. You can:
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