I Had An Accident At Work, What Are My Rights?
By Llauren Hope. Last Updated 18th February 2021. Welcome to our guide on accident at work employee rights. Regardless of the job role, an accident in the workplace is both an unfortunate and unexpected turn of events that nobody prepares for.
In some circumstances, an accident in the workplace could be caused by the negligence of a third party, such as an employer. If that is the case, you might be wondering what your accident at work employee rights are and whether or not you have grounds to make a personal injury claim? Within this guide, we’ll outline and discuss how our panel of solicitors could assist those that have been affected by the negligence of an employer.
If, while reading this guide, you have any questions, then please contact a member of our team. Our advisors are available 24 hours a day, 7 days a week, and can offer free legal advice of no obligation. You can reach them on 0161 696 9685.
Jump To A Section
- A Guide To Your Rights After An Accident At Work
- What Are Accidents In The Workplace?
- What Rights Do I Have After An Accident At Work?
- Entitlement To Sick Pay If Injured At Work
- What Industrial Benefits Rights Do You Have After An Accident At Work?
- Could You Be Dismissed If You Claim Compensation For Your Accident
- Rights After An Accident At Work As An Agency Worker
- Reporting And Recording Of Your Accident At Work
- Employee Accident At Work Compensation Calculator
- What Are Special Damages Awarded For?
- No Win, No Fee Claims When Injured In A Workplace Accident
- Steps To Take If Injured In A Workplace Accident
- How Victims Of Accidents At Work Could Claim Compensation
- Contact The Legal Helpline Team Today
- Further Information On Employment Rights
There are a vast amount of accidents that happen in the United Kingdom daily, and in some cases, these occurrences take place in the workplace. Although there are scenarios where an accident is simply an unfortunate turn of events, there are some occasions where they could be caused by the negligence of a third party.
According to the Health and Safety Executive (HSE), there were 38.8 million working days lost due to a work-related illness or workplace injury in 2019/20. If an employer breaches their duty of care, their negligent actions could contribute towards an employee’s workplace injury. If you have been injured at your place of work, then you might be wondering what to do after an accident at work. You may have other questions too, such as:
- What should I do after an accident at work?
- What is my accident at work employee rights?
- Are there accidents at work compensation examples?
- I had an accident at work but didn’t report it, could I make a claim?
- What to do if you have been dismissed after an accident at work on unfair grounds?
Read on to uncover the answers.
A workplace accident is an unfortunate turn of events that causes injury or harm. There are many causes of a workplace accident, and an employer must prevent them from happening. From risk assessments, routine inspections, to regular housekeeping, these measures are designed to keep employees safe and prevent incidents from occurring.
However, if an employer fails to uphold their legal duties on workplace safety, it could cause an employee to become injured. Common types of accidents that might occur in the workplace might include:
- A slip, trip or fall;
- Hit by an object;
- Muscle strain while lifting;
- A fall due to poor lighting.
An employer has a legal duty to ensure the safety and well-being of their employees. To prevent an accident from occurring, there are measures, previously outlined by the HSE, that employers should carry out In addition to those steps, an employer should provide appropriate training and safety equipment. If you believe that your working environment is unsafe, then there are Trade Union representatives that could raise concerns to an employer on your behalf. In the event you are in a situation that presents an immediate or severe danger to your health and well-being, then you are legally allowed to exit that situation.
For more information regarding safety equipment in the workplace, please click here. Additionally, get in touch with us if you have questions regarding your accident at work employee rights.
If you were involved in an accident at work, then you might require time off to heal and recover. If your employer does not provide sick pay during your absence, then you could apply for Statutory Sick Pay (SSP). The amount of sick pay you receive will depend on your employer’s sick pay policy. For example, you could be eligible to receive so much, and your employer could top up this weekly fee with additional payments or benefits.
For more information regarding Statutory Sick Pay, please click here.
In addition to a personal injury claim against a negligent employer, you could have eligible grounds for Industrial Injuries Disablement Benefits (IIDB). In simple terms, IIDB applies to those that have become ill or disabled after an incident at work. There are some obstacles that could affect your eligibility, which include:
- You were involved in an approved training scheme, course or event when the incident occurred;
- The accident happened in England, Wales, or Scotland.
There are some cases where an employee could lose their position as a result of making a claim. This, however, would be treated as unfair dismissal and may expose an employer to further litigation. By law, an employer cannot fire you for making a claim. It is the reason why all employers must have employer’s liability insurance as set out in the Employers’ Liability (Compulsory Insurance) Act 1969. NI Direct have outlined some steps that could be useful to those that have been unfairly dismissed:
- Keep copies of any letters, emails, and conversations;
- You could be able to claim Job Seekers Allowance or Housing Benefit whilst searching for a new job role;
- You could get extra help with finding a job.
To discuss your accident at work employee rights further, get in touch with our team today.
As an agency worker, you might be wondering what legal rights you have after a workplace accident? Both temporary and agency workers could believe that they do not have the same legal rights as other employees, which isn’t the case. This misconception is primarily due to the fluctuation that is involved within agency and temp work.
Agency workers could be more prone to accidents in the workplace due to the lack of sufficient training when moving from position to position. But regardless of the type of contract you have and how regularly you change roles, you are protected by health and safety regulations. So if an employer has neglected their duty of care, you could have grounds to make a personal injury claim for compensation.
If you have been injured at your place of work, you might be wondering what the correct accident at work procedure is? One of the first and most important steps to take is to report the accident to your employer. By law, all employers must have an accident book that officially documents all workplace-related incidents. Therefore, it is paramount that those who have been injured by the negligence of an employer record the incident in the accident workbook.
Once the details of the incident have been officially documented, it is recommended that you ask for a copy for yourself. If you were seriously injured and unable to perform this task, then you could ask someone you trust to do it for you. If an employer records a workplace incident inaccurately, then it could be recommended that you keep a documented recording of the incident and what led up to it.
For further information about the accident at work employee rights, give our expert team a call today.
If you have been injured at your place of work and pursue a claim for compensation, then you might have come across tools such as personal injury claims calculators. These devices give you an idea of the value of your claim, but we find they can be difficult to use. So instead, we have provided a compensation table detailing relevant injuries.
The figures in this table are based on the Judicial College Guidelines, a legal publication that sets out the compensation awards made by the courts. T outlines a variety of injuries, their severities, and the compensation that has been awarded in the past. It’s important to remember that these figures are just estimates. The value of each case is determined by its unique set of facts.
Injury Type Injury Severity Awarded Settlement Injury Description
Amputation One Leg £91,950 to £124,800
An injury of this severity is in relation to an amputation of one leg below the knee (with no complications).
Amputation Both Legs £189,110 to £253,480 An injury of this nature refers to both legs being amputated below the knee, and is expected to be at the higher end of the bracket.
Amputation One Arm £102,890 to £122,860 An injury of this calibre is often expected to leave the person significantly disabled and struggle with daily responsibilities.
Amputation Both Arms £225,960 to £281,520 Those who endure the loss of both arms will be left permanently disabled and require around the clock care. In many cases, they will be at the higher tier of this bracket.
Post-Traumatic Stress Disorder Minor £3,710 to £7,680 Those who experience minor spells of PTSD are often expected to make a full recovery within a 1 to 2 year timeframe. However, the affected individual could experience symptoms such as anxiety and depression on a minor scale.
Post-Traumatic Stress Disorder Severe £56,180 to £94,470 Severe cases of PTSD are often expected to hinder the affected individuals’ career prospects, daily routine, and are expected to suffer from anxiety, stress, and depression.
Back Injury Moderate £26,050 to £36,390 A moderate back injury is often expected to make a decent recovery. However, the affected individual could be left with pain, mental anguish, limited motion, and various complications.
Back Injury Severe £85,470 to £151,070 A severe back injury could render the injured party unable to move and leave them permanently disabled. They may also require around the clock care and have life-long complications.
If you have any questions about this table or personal injury claims calculators, please contact a member of our team.
A claim for compensation could take into consideration a variety of different factors that range from physical injury to financial loss. This is because every accident is unique and could affect those involved in different ways. That is why when you make a claim, you can seek compensation under two heads of claim: general damages and special damages Here are some definitions:
General Damages – A general damage claim is often made in relation to the physical pain and the psychological trauma that has been inflicted after an accident. For example, if a workplace incident were to cause an employee to endure an amputation injury, then this would be considered a general damage claim. The details included in our compensation calculator section above sets out the potential value of general damages.
Special Damages – A special damage claim can be made in connection to financial loss. After an accident, the affected individual might require additional care, medical treatment after an accident. If the affected individual personally funded any of these expenditures, then this could be taken into consideration when making a claim. Factors that could be taken into consideration when making a special damages claim might include:
- Medical Expenses;
- Travel Costs;
- After-care costs;
- Loss of earnings and, if the injury is severe enough, loss of future earnings;
- Repair or the replacement of damaged belongings.
Our team are available 24 hours a day, 7 days a week. For expert legal advice or to discuss your accident at work employee rights further, get in touch with us today.
If you have been involved in a workplace accident that was caused by the negligence of a third party, then you might be wondering whether or not you could make a personal injury claim? If you have valid grounds to make a claim for compensation, then a solicitor from our panel could offer to handle your claim under a No Win, No Fee arrangement.
A No Win, No Fee Agreement, also known as a Conditional Fee Agreement (CFA), is designed to over claimants financial security and the confidence to pursue justice. You will not be asked to pay any fees upfront or during the claim, and if your case is unsuccessful you will not have to pay any of the fees your solicitor has incurred in pursuing the case.
If your claim is successful, your solicitor may ask for a small contribution toward their costs. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the case. Don’t worry, the success fee is legally capped!
For more information regarding no win no fee claims and how they work, please contact a member of our team today.
If you have been injured at your place of work, then you might be wondering what steps you could take? Citizen’s Advice has provided some steps that could be extremely useful to those that have been injured by a negligent employer. They state that those who have been injured at their place of work should:
- Seek medical attention, if required;
- Take photographic evidence of the cause of the accident;
- Swap information with those that witnessed the incident;
- Make detailed notes about the incident;
- Report the incident to your place of work.
Those who have been injured by the negligence of a third party and wish to make a claim should be aware of factors such as the personal injury time limit. All personal injury claims are subject to a strict statutory time limit. This means that a claim must be made within 3 years of the date of the accident.
If a claim is not issued at this time, the courts may deem it time-barred, meaning you cannot claim. There are strict exceptions to the time limit, but they are granted only in exceptional circumstances. We, therefore, advise seeking legal advice as soon as possible.
To discuss your accident at work employee rights further, get in touch with our team today.
Here at Legal Helpline, we understand that the claims process could appear both daunting and complicated. After all, nobody prepares or expects to be injured by a negligent employer, so the claims process isn’t something many individuals might contemplate. But in the event an employer has neglected their duty of care, resulting in an injury, the affected individual could have grounds to claim compensation.
If you choose to work with Legal Helpline, then we could connect you to a specialist solicitor from our panel that is best suited to handle your type of claim. Our panel of solicitors have over 30 years of experience and know the ins and outs of the legal process. They will strive to achieve the maximum amount of compensation for you possible, and if at any time you have a query or would like an update on your case, they’ll be on hand to take your call.
To discover whether or not our panel of solicitors could handle your potential claim, please contact a member of our team today.
If you wish to speak with a member of our team, there are several ways you can do so. Firstly, we have a phone line that is free to call, and our advisors are available 24 hours a day, 7 days a week. Our expert advisors are well informed with regards to personal injury law, which means they can offer free, no-obligation legal advice. Secondly, you could enquire online through our online form. Upon completion, a member of our team will review your submission and contact you.
In this section, you will find further information that is in connection with your accident at work employee rights. We have chosen and provided some additional materials that we believe could be of use to those considering a personal injury claim. You can find these materials located below.
The HSE – RIDDOR Report
Accident at Work Employee Rights FAQ’s
What are my rights if I have an accident at work?
You have a right to be properly compensated if you have an accident at work. You have a right to be properly compensated for your pain and suffering whether it be physical or psychological, and be reimbursed for any financial losses. If you need to take time off work because of your work accident illness or injury, you may be entitled to statutory sick pay.
Do I get paid if I get injured at work?
Your employer is required by law to pay you a portion of your salary while you are recovering from your work-related injury or illness. However, they will most likely not be paying this directly from the company’s funds.
Do I get full pay if I have an accident at work?
There is no legal requirement for an employee to be paid full pay by their employer when sickness absence is due to a workplace accident. This accounts for circumstances where there is normally no provision for full sick pay.
Thank you for reading our guide on accident at work employee rights.
Guide by MN
Edited by REG