How To Make A Work Accident Claim Against A Former Employer
By Mark Anderson. Last Updated 16th March 2021. Welcome to our guide, which covers the question, I had an accident at work, could I claim after leaving the company? In this online guide, we look at whether it is possible to make a compensation claim after leaving a company. We cover many of the legal aspects of such a claim and explain how the personal injury claims time limit comes into effect and whether you could have a valid claim or not.
If you have any questions that this guide doesn’t answer, please speak to one of our advisers on 0161 696 9685. They will answer all your questions and let you how we can help you to arrange for a personal injury lawyer to process a claim for you on a No Win No Fee basis.
Jump To A Section:
- A Guide To Workplace Accident Claims After Leaving A Company
- What Is A Workplace Accident Claim After Leaving A Company?
- UK Workplace Accident And Injury Statistics
- Is My Former Employer Still Liable After I Left The Company?
- Could I Claim Compensation If The Company Has Ceased Trading?
- Why May I Want To Make A Compensation Claim?
- What Is The Limitation Period For Work Accident Claims After Leaving A Company?
- Calculator Compensation Claims After Leaving A Company
- Special Damages Which May Be Included In Your Claim
- Why Select Our Team To Help With Your Claim?
- No Win No Fee Workplace Accident Claims After Leaving The Company
- Start Your Claim Against A Former Employer
- Accident At Work Claim Resources
A Guide To Workplace Accident Claims After Leaving A Company
So, I had an accident at work, could I claim after leaving the company? In this online guide, we look at making a compensation claim after leaving the company. UK law allows a person to file a claim against a former employer for work-related medical problems that may arise once they have left the job that caused the health-related issue. This guide provides valuable information on how to go about making such a claim, why you could be eligible to do so, and how to proceed with a claim if it is deemed valid.
We start with an overview of what a workplace accident entails and why people may need to make such a claim once they have left the company’s employment where the incident took place. We follow this up with some statistics related to workplace accidents in the UK.
Next, we look at some very specific legal aspects of making such a claim. We explain why a previous employer could be liable to pay you damages. We also cover claims against companies that have gone out of business for one reason or another. You will also find a section that outlines the benefits of making such a claim and also the time limits that may apply.
In the last part of this guide, we look at some of the financial factors that apply when making a claim. This includes providing a table that lists the possible range of compensation for different injuries. We created this table based on the Judicial College Guidelines used by the legal system in the UK. You will also find a list of damages a settlement could be made up of. Finally, we cover No Win No Fee claims and how a personal injury solicitor working under such a free structure can help you get the compensation you are entitled to whilst minimising the financial risks of making a claim.
We can’t cover every possible set of circumstances in a single guide, so there may be questions about your own claim. If this is the case, please contact our team on the telephone number at the top of the page. One of our advisers will answer all of your questions for you and also explain how we can help you to proceed with a claim.
What Is A Workplace Accident Claim After Leaving A Company?
In this section, we look at why you may need to make an injury claim against a former employer and whether it could be possible to reach a successful resolution. This means the answer is yes to the question, I had an accident at work, could I claim after leaving the company? First of all, you should know that you cannot legally be dismissed after an accident at work solely because of the accident or the fact you are claiming against your employer. However, this guide doesn’t cover improper dismissal claims following a workplace injury.
There are two main reasons why a person may need to claim against a former employer, and these are:
- The claimant has contracted a work-related illness caused when employed in a previous job. A good example of this would be a person who had to work with asbestos many years ago and who then contracts asbestos-related lung cancer later in life.
- The claimant is suffering from a complication associated with a previous injury that was caused by an accident that took place while they were working for a previous employer. For example, an employee suffered a severe compound fracture of the hip and who is now suffering from arthritis or osteoporosis that is a direct result of the previous injury they sustained
In each of these cases, the claimant must be able to prove that they are claiming for physical harm that was caused by the actions of their previous employer, either directly or indirectly.
UK Workplace Accident And Injury Statistics
The Health & Safety Executive (HSE) publishes annual reports that detail the statistics related to workplace accidents in the UK. For the year 2019/20, we find the following key statistics:
- There were 1.6 million separate cases related to ill health caused by work (injuries and illnesses)
- 111 people were killed in an accident at work
- 38.8 million working days were lost due to work-related health issues
- The cost of lost working days for work-related health issues was £16.2 billion
The report shows that work-related illnesses and injuries caused by accidents at work are fairly common in the UK. If you were to be harmed due to the negligent actions of an employer, even a previous employer, you might be in a position to claim the harm you suffered. Please speak to one of our advisers to learn more about this.
Is My Former Employer Still Liable After I Left The Company?
The answer to the question, can I be sacked for having an accident at work? If not, and if this were to happen, your employer would be in breach of UK employment law. As such, a personal injury lawyer may be able to help you pursue a wrongful dismissal claim against your employer. However, this guide relates to injury claims against a prior employer, not wrongful dismissal claims. If you feel you have been wrongfully dismissed by a previous employer, please speak to our team to learn how to deal with this kind of claim.
When it comes to making an illness or injury claim against an old employer, the prior employer can still be held liable to pay you damages for any harm they caused you, even if this harm doesn’t come to light until many years later. However, in some cases, you may find it difficult to prove that your employer was liable for the harm you suffered. As such, e recommend that you speak to one of our advisers and discuss your claim to determine whether it could be potentially viable.
Could I Claim Compensation If The Company Has Ceased Trading?
In this guide, we answer the question, I had an accident at work, could I claim after leaving the company? But in this particular section, we answer the question, how do I sue a company for injury? It is still possible to make such a claim. However, the accident at work procedure is a little different as you will not claim against the insurance company that provides your ex-employer with their employee liability insurance unless the policy itself states that it will honour this type of claim.
In cases such as this, you would need to pursue the business owners, the directors and other shareholders of the liquidated company, which can be challenging. Your solicitor will need to locate these people and bring proceedings against them individually. Please speak to one of our advisers for more information on how to proceed with such a claim.
Why May I Want To Make A Compensation Claim?
Here, we will answer the questions, can I claim for an accident at work? And why should I do so? As we have shown so far, in some circumstances, you would be able to make a personal injury claim against a prior employer.
The reasons to do so are generally financial in nature. You may have developed a medical condition that means you cannot work anymore or can only perform certain types of jobs. You may have faced private medical fees. In fact, any financial loss could be claimed, as can the physical aspects of your circumstances. For example, if you have been diagnosed with potentially life-threatening work-related cancer, you would claim for this as well. We will cover the kinds of damage you might be able to claim a little later in this guide.
What Is The Limitation Period For Work Accident Claims After Leaving A Company?
Now we will answer the question, can I claim for an accident at work after 3 years? The answer depends on the circumstances of your claim. For people over the age of 18, the answer would be that:
- If you are aware of the physical harm you have suffered at or shortly after the time of the incident that caused it, you will have 3 years from the date the accident or health hazard at work caused you harm.
- If you are diagnosed with a work-related illness at a later date, then you will have 3 years from the date of this diagnosis to make your claim.
For people under the age of 18, they will have 3 years from their 18th birthday to make a claim. In some special circumstances, these time limits could differ. If you speak to one of our advisers, they will let you know what the time limit will be for your own claim. This is important to know when asking, I had an accident at work, could I claim after leaving the company?
Calculator Compensation Claims After Leaving A Company
If we were to correlate a number of accidents at work compensation examples, we would find that there really is no average amount paid in such cases. Each claim has its own unique points that affect the total of compensation awarded. You might be able to use an online personal injury claims calculator to get a rough estimate of the level of compensation you may be eligible for. The table below is based on the judicial guidelines used by the courts in England to value claims. It shows possible compensation ranges for several different types of injuries.
|Injured hand||Moderate||This would include injuries such as penetrating wounds, and also crush damage. Soft tissue injuries would also be covered, and the top end of the scale would compensate for injuries for which surgery has failed and there are still symptoms.||£5,260 to £12,460|
|Injured arm||Moderate||This would include elbow conditions such as tennis elbow, and other fractures and soft-tissue injuries that will heal fully with no ongoing symptoms.||£11,820 to £22,990|
|Injured back||Moderate||This would include injuries such as a compression or crush fracture of one of the vertebrae. Spinal fusion may be required and the risk of developing osteoporosis in the future high.||£26,050 to £36,390|
|Injured neck||Moderate||This would include injuries such as a compression or crush fracture of one of the vertebrae. Chronic symptoms such as pain and inability to move the neck may exist. Spinal fusion may be required and the risk of developing osteoporosis in the future high.||£23,460 to £36,120|
|Injured foot||Moderate||This would include injuries such as a displaced metatarsal fracture, that once healed, would leave the foot out of shape and deformed and prevent the victim from wearing off the shelf shoes.||£12,900 to £23,460|
|Injured leg||Moderate||This would include soft tissue injures and all kinds of fractures to just one leg. The level of compensation that is awarded will be driven by the severity of the treatment the victim had to go through, and also whether there will be long term symptoms such as muscle wastage, scarring, impaired mobility, etc.||£26,050 to £36,790|
|Injured head/brain||Moderate||This would include cases where the victim has suffered a loss of cognitive capability, memory function, personality shift, etc. Work prospects on the future would be limited.||£140,870 to £205,580|
If you would like a more accurate estimate than an accident at work compensation calculator can give you, then you will need a lawyer to value your claim for you. You will need to undergo a medical examination to prove the extent of your medical condition to facilitate this. If you would like some advice on how to action this, please speak to one of our advisers.
Special Damages Which May Be Included In Your Claim
When personal injury claims are successful, the claimant will receive an overall compensation settlement made up of several different kinds of damages. Some of the most common being:
- General damages (paid to compensate for all kinds of physical and psychological harm):
- Loss of life quality – if the victim will have a permanent disability such as loss of mobility, reduced cognitive capability, loss of a limb, etc.
- Traumatic treatment – and a long period of recuperation until they are recovered from their injuries or illness.
- Psychological damage – such as post-traumatic stress disorder, new phobias, anxiety or depression.
- General pain and suffering – suffered at the time the accident took place.
- Shock and stress – caused by being involved in a traumatic accident or receiving invasive emergency medical treatment.
- Special damages (paid to compensate the claimant for financial and ad-hoc losses):
- Lowered income prospects – if the victim will have reduced employment possibilities in the future, or they cannot work at all.
- Lost current income – if the claimant lost out on their salary/wages either partially or in full for missing time at work due to their injury/illness.
- Private medical fees – if the victim required private medical care that the NHS could not provide.
- Care costs – if the claimant has to hire a nurse to help care for them at home or a cleaner to help maintain their home.
- Out of pocket expenses – such as travel costs related to getting medical treatment or dealing with the claim itself.
If you would like to find out the kinds of damages you might be able to claim in your own case, please speak to one of our advisers. They will be able to tell you once they know enough about your claim.
Why Select Our Team To Help With Your Claim?
Still wondering, I had an accident at work, could I claim after leaving the company? Here at Legal Helpline, we think that we have come up with a simple, straightforward process for helping people get the legal assistance they need. In this case, the answer to the question, what to do after an accident at work? Is to follow these three steps:
- Reach out to our team to have your questions answered and learn the key facts of making a claim.
- Have one of our advisers evaluate your claim for you and provide some free legal advice on proceeding with it.
- An accident and injury lawyer can then process your claim for you and attempt to get you the compensation you are eligible for.
No Win No Fee Workplace Accident Claims After Leaving The Company
You can use the services of a lawyer operating under a No Win No Fee agreement to minimise the potential financial risks of making a claim. This is because your solicitor won’t ask you to pay their pre-agreed fee at any stage before the claim has been a success and they have received a compensation payment for you.
This means that the solicitor won’t charge you anything to start working on your claim or during the time they are processing it for you. They also will not expect you to pay their solicitor fee if the claim is not a success, and you don’t win any compensation at all. If you would like more information on how a No Win No Fee claim works, please speak to one of our advisers, who can tell you more.
Start Your Claim Against A Former Employer
Have you developed a medical condition that you believe was caused by the actions of a previous employer? Would you like to know more about the personal injury claims process for getting compensation in such a case? If so, then please contact our team on 0161 696 9685. One of our claim advisers will evaluate your claim for you and then offer you some free legal advice on how to best move your claim forward.
Accident At Work Claim Resources
These external pages could be useful:
You may also like to read these other guides for more information:
I Had An Accident At Work, Could I Claim After Leaving The Company FAQs
Could I claim workers compensation after being terminated?
If you’re fired due to an injury or illness related to work, this doesn’t stop you from claiming workers compensation. It is likely to only cover any costs of medication rather than lost income. But you could make this claim nonetheless.
How long after a workplace accident could you make a claim?
Anyone making a claim for a workplace accident has three years in which to do so. This dates from when the accident happened, which caused you to be hurt. But it could also date from when you actually learned of your injuries, which may be much later.
Could workers compensation affect future employment?
No. Making a claim for workers compensation doesn’t change your opportunities for future employment. That’s because you have this right as a worker. And it’s unlawful for a potential employer to disregard you as a possible employee because of making this claim.
Why do employers fight claims for workers compensation?
Employers do this if they strongly feel that a member of staff is faking an injury. Or perhaps the worker is unable to truly prove the injury that they’re alleging. But at the same time, it reflects badly on an employer if they battle such a claim for an obvious injury.
Article by MW
Thank you for reading our guide, which answers the question, I had an accident at work, could I claim after leaving the company?