By Mark Anderson. Last Updated 19th March 2021. Welcome to our guide, which explains how to claim for an accident at work if you’re a part-time employee. So, this online guide covers how to make a compensation claim for an injury sustained as a part-time employee in an accident at work. We look at how workplace injuries occur and the legal rights of part-time employees when it comes to making a personal injury claim against a responsible party.
You may have questions the guide doesn’t answer, and should this be the case, we are here to assist you. Call our team on 0161 696 9685, and one of our advisers will answer any questions you have and provide general advice on how best to proceed with your part-time employee accident claim.
Jump To A Section:
- A Guide To Claims For Part-Time Employee Accidents
- What Is A Part-Time Employee Accident?
- What Duty Of Care Do Employers Have For Part-Time Workers?
- Key Rights For Part-Time Employees
- Showing Your Employer Was Liable For Your Accident
- Could I Claim Compensation If My Employer Is Uninsured?
- Could My Employer Dismiss Me For Having An Accident At Work?
- Could I Claim Compensation If I Am Under Eighteen?
- How Will My Compensation Be Paid?
- Compensation Calculator For Part-Time Employee Accidents
- Special Damages Which Are Claimable If Injured In The Workplace
- Why Select Legal Helpline To Handle Your Claim?
- No Win No Fee Claims For Part-Time Employee Accidents
- Start Your Part-Time Employee Accident Claim
- Part-Time Worker Resources
A Guide To Claims For Part-Time Employee Accidents
In this guide to making a part-time worker accident claim, we show how you could be able to make a claim against your employer in certain situations if you are injured in a workplace accident. We cover many of the legal aspects of personal injury claims and how a personal injury solicitor could help you get the compensation you could be entitled to if your claim is deemed valid.
The guide covers the duty of care that employees have towards all staff and looks at specific workers rights associated with part-time staff. We cover the concept of liability and why an employer may be held responsible and explain what happens if the employer does not have adequate insurance to cover the cost of a personal injury claim. We provide information on whether or not your employer can dismiss you once you have been harmed in a workplace accident and what laws in the UK apply to workers under the age of 18.
The last section provides information regarding the financial cost of making a personal injury claim and how compensation is paid out. We provide a table to help you find out how much you could be awarded for injuries sustained and include a list of damages that make up a final settlement. Lastly, we explain how a No Win No Fee compensation claim works and how it offers you the opportunity to seem accident at work compensation without worrying about the cost of legal representation.
You may have questions about your own claim or about the process of filing an accident at work claim. If this is the case, please call our team today. An adviser will answer your questions and explain how a personal injury lawyer would offer you No Win No Fee terms once satisfied you have a strong case against the responsible party.
What Is A Part-Time Employee Accident?
If you work part-time for an employer and you are injured in an accident at work, you may think you could not seek compensation for the harm you were caused. When you suffer an injury at work as a part-time employee, you may not understand how UK law applies to you.
Under the Health and Safety at Work etc. Act 1974, there is no difference between a full-time and a part-time employee when it comes to the duty of care an employer owes to all members of staff when it comes to their health and safety in the workplace.
To put things simply, when an employer fails to protect a part-time worker from harm, and this results in an injury or harm, the injured party has the right to seek compensation from the responsible party providing their claim is valid. If you need more information or clarification, please call our team today.
What Duty Of Care Do Employers Have For Part-Time Workers?
The UK Government published an overview of the responsibilities of employers. To summarise, an employer must make all reasonable efforts to provide their employees with a safe and healthy working environment to work in, whether full-time or part-time.
This includes full compliance with all health and safety regulations applicable to a business. Workplace hazards must be identified and measures set in a place where possible to reduce the risk or harm coming to employees and other staff.
Employers must provide every employee with information about the risks they will face in the workplace and must ensure that all members of staff are trained to manage these risks effectively. Additionally, safety equipment that meets safety standards must be provided to all employees and other staff, and it must be in good repair. Keep in mind that during 2019/20, there were 693,000 workplace injuries, with only 65,427 being reported.
If an employer fails in their responsibility to keep staff safe at all times, and an employee is injured due to this lapse, an employer could be held liable. If, as a part-time worker, you can prove that an employer was to blame for the harm you suffered, you may have grounds to file an accident at work claim against the employer.
Key Rights For Part-Time Employees
In this section, we answer the question, do part-time staff have the same rights as full-time staff? And does this impact have to claim for an accident at work if you’re a part-time employee? The answer is explained below:
- Part-time workers must not be treated worse than full-time employees who are carrying out the same job in a workplace
- If a part-time employee believes they have not been treated the same way as a full-time employee, they have the right to request and receive a written statement explaining why this is
- When it comes to both eligibility for promotion and eligibility for redundancy, part-time employees must be given the same consideration as full-time employees
- Part-time employees should receive the same level of remuneration as a full-time employee (pro-rata). This also applies to the number of holiday days they receive each year
These are the main rights that affect how part-time workers must handle an employer and are mandatory requirements. Failure to adhere to them could see an employer facing legal proceedings. If you would like any of these rights explained in more detail, please speak to one of our advisers, they will be able to help you further.
Showing Your Employer Was Liable For Your Accident
When it comes to what to do after an accident at work, there are several steps you must take to strengthen a claim against an employer, which includes:
- Take photographs of the scene and the cause of the accident if you can
- Fill in the company accident book to report your injuries
- Have your injuries treated at the hospital and get a medical report
- If there were any witnesses to the accident, ensure you have their contact details
- Keep receipts, bills, invoices, and other proof of expenditure to prove financial losses you incurred as a result of being injured in the workplace as a part-time employee
Could I Claim Compensation If My Employer Is Uninsured?
Every employer in the UK must have employer’s liability insurance, which is compulsory. If an employer is found not to hold a valid policy, they can be fined up to £2,500 for each day they are without the legally required insurance.
When you make a compensation claim against your employer, it is the insurer who pays the actual settlement you are awarded. However, if your employer does not have employers liability insurance, you are entitled to file an accident at work claim against them directly, and it is your employer who would have to find the funds to pay the accident at work compensation awarded in a successful personal injury claim against them.
If you would like help claiming against your employer because they do not have employers liability insurance, please speak to one of our advisers, and they will explain the process you will need to follow.
Could My Employer Dismiss Me For Having An Accident At Work?
If you have suffered a part-time employee injury, under UK law, you cannot be dismissed for seeking compensation by filing a claim for the harm you suffered. Any company that dismisses an employee, for this reason, is in breach of UK employment law. If you were dismissed following an accident at work, our team could help you understand what action you can take against your employer, including pursuing an unfair dismissal claim against them.
Could I Claim Compensation If I Am Under Eighteen?
You may wonder how to claim for an accident at work if you’re a part-time employee and you’re under 18. But if you are working part-time and you are injured in an accident at work, the fact you are under the age of 18 has no bearing on your employment status. You have the same employment rights as any other member of staff, regardless of age.
However, if you are under 18, you need a litigation friend to act on your behalf. This could be a parent or a guardian. It is worth noting that you would have up till your 21st birthday to file an accident at work claim against a responsible employer if you decide to claim compensation yourself.
How Will My Compensation Be Paid?
If you are working part-time and injured at work, you should contact a personal injury solicitor who would file a claim against the employer’s liability insurance provider on your behalf.
The purpose of employers liability insurance is to ensure that an injured employee or another injured party can claim the compensation they may be entitled to, even if the employer goes out of business before the claim has been settled.
Compensation Calculator For Part-Time Employee Accidents
You might be able to find an online personal injury claims calculator to get a rough estimate of the compensation you could be awarded. You can also use the table below. We have based this table on the Judicial College Guidelines used by the courts, insurers and solicitors in England to value injuries sustained.
|Injured hand||Moderate||£5,260 to £12,460||In this category would be deep penetrating wounds, soft-tissue injuries, crush injuries, lacerations, etc. Higher compensation would be paid for injuries that have been treated ineffectively by surgery. Lower compensation would be paid for injuries that real with no permanent impairment.|
|Injured arm||Moderate||Up to £11,820||In this category, we find elbow conditions such as tennis elbow. Also, simple fractures and soft tissue injuries, as well as all other kinds of injuries that will heal without any permanent impairment or ongoing symptoms.|
|Injured back||Moderate||£26,050 to £36,390||In this category would be injuries such as a fracture of the vertebrae caused by crushing or compression. There would be a risk of additional issues such as a fused spine and ongoing pain. Treatment may include surgery and there could be an effect on the victim’s mobility.|
|Injured neck||Moderate||£23,460 to £36,120||In this category would be injuries such as dislocations and fractures, that could result in spinal fusion. This would also include injuries that result in chronic symptoms. Injuries would result in some measurable level of impairment or vulnerability to further injuries in the future.|
|Injured foot||Moderate||£12,900 to £23,460||In this category would be injuries such as a displaced metatarsal fracture. Once healed the foot would be left deformed, affecting the victim’s gait and preventing them from wearing standard off the shelf shoes.|
|Injured leg||Moderate||£26,050 to £36,790||This category would include complex or compound fractures, as well as severe crush injuries. Generally, a single limb would be involved. The level of compensation will depend on the extent of treatment that the victim had to suffer, and also whether there is any form of permanent or long-term impairment.|
|Injured head/brain||Moderate||£40,410 to £85,510||In this category, would be head injuries that have a measurable effect on the cognitive abilities of the patient and possibly memory problems or a change in personality. Speech could be affected and the ability to work significantly impaired.|
If you would like to have your claim valued more accurately, a lawyer would first need to have an independent medical professional examine the injuries you sustained and whether they would have any long-term effect on your life. You can speak to our team to learn more about how to go about this. It is also worth noting that the compensation amounts provided in the table offer an idea of the number of general damages you could receive in a successful claim. On top of this, you would also be able to claim special damages.
Special Damages Which Are Claimable If Injured In The Workplace
If your compensation claim is a success, the overall settlement that you would receive will be made up of general damages and special damages, which are explained below:
- Special damages (to compensation for financial and other losses)
- Loss of long-term working potential due to a reduced ability to work in the future, or possibly not being able to work at all
- Loss of earnings if you had to take time off work and lost out on your income, either fully or partially
- Private medical fees if you had to pay for any private treatment the NHS could not provide for you
- Travel expenses
- The cost of caring for you at home
- General damages (to compensate for physical and psychological harm)
- An impairment or some permanent disability that will lower your quality of life
- Short-term shock and mental trauma
- Psychological damage that could include depression, post-traumatic stress disorder, anxiety, new phobias
- Pain and suffering that occurred before medical treatment was given
- Long-term recuperation, possibly requiring ongoing treatment
Why Select Legal Helpline To Handle Your Claim?
Legal Helpline can advise you on claiming an accident at work if you’re a part-time employee. Just follow one of these three simple steps to get in touch:
- Call our team and explain your claim to them. They will answer any questions you have at this stage.
- An adviser will evaluate your claim and provide you with the key information you will need to know.
- A personal injury solicitor will begin processing your claim for you on a No Win No Fee basis once satisfied your case against the employer is strong.
No Win No Fee Claims For Part-Time Employee Accidents
When you make a No Win No Fee claim, the solicitor will not collect their pre-agreed fee until they have received compensation payment for you. You won’t need to pay them a fee to start working on your claim or a fee while they are processing the claim for you. If your claim is not a success, the solicitor won’t ask you to pay their fees.
You pay no solicitors fees until you have won your claim, and the ‘success fee’ is deducted from the accident at work compensation you are awarded. For more information about this kind of fee agreement, please speak to our team today.
Start Your Part-Time Employee Accident Claim
Do you need specific information about making a claim, such as what the personal injury claims time limit would be? Or perhaps you are ready to move forward with your claim right away? You can contact our team on 0161 696 9685.
Part-Time Worker Resources
These external links could have useful information that is relevant to your claim:
You might also like to read over these other useful guides; they could be of help to you:
How To Claim For An Accident At Work If You’re A Part-Time Employee FAQs
Do I receive any payment after an injury at work?
You should receive Statutory Sick Pay (SSP) from your employer in the aftermath of an injury. This doesn’t come directly from company funds, but it is money that you’re eligible to receive. The exact figure could vary depending on your salary and any previous contractual agreements with the employer.
What are my rights if I have an accident at work?
You have the right to claim for compensation if you have a viable case in the aftermath of an accident at work. This covers both physical and mental pain, as well as any other costs which stem as a result of your injury. And this also covers sick pay for time off work during your recuperation.
How long do I have to claim for an accident at work?
The maximum window in which you can claim is three years. This begins from the date of your accident or the date of knowledge about your injury; whichever comes later. Now, the claims process could last beyond that time, but you need to state your intention to claim during that period.
Could I sue my employer for stress and anxiety?
You do have the option to include psychological pain as part of your claim. Post-Traumatic Stress Disorder (PTSD) could arise when you’re convalescing, especially if it’s a serious injury. But you do need to present clear evidence to support this aspect of your claim.
Article by MW
Thank you for reading our guide, which discusses how to claim for an accident at work if you’re a part-time employee.