Suing Your Employer For An Injury On The Job

This guide will look at suing your employer for an injury on the job. If you’ve been injured at work because of the negligence of your employer, then you could be entitled to make a claim for compensation.

Your employer has a duty of care to safeguard all employees who work for them. This means that they need to take all reasonably practicable steps to ensure your safety while in the workplace. If they fail to do so, and this causes you to sustain an injury, you may be owed compensation.

Suing your employer for an injury on the job guide

Suing your employer for an injury on the job guide

Legal Helpline can help you claim compensation for an injury on the job. Our panel of solicitors can work with you throughout the claims process to help you build the strongest case possible. Furthermore, they may be able to represent you on a No Win No Fee basis; we’ll look at what this means later in this guide.

To seek compensation for an injury at work, please contact us today. You can:

  • Call our claims helpline for free on 0161 696 9685
  • Use our online contact form to get in touch with us
  • Speak to us at the live chat feature to the bottom-right of this screen

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When Is Suing My Employer For An Injury On The Job Appropriate?

Employers are responsible for workers’ health and safety when they are at work; this is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). It states that they need to take reasonably practicable steps to ensure you’re safe while at work. If an employer neglects the health and safety of their employees, this breaches their duty of care.

You could be injured as a result of your employer neglecting the responsibility that they have towards your safety at work. If this is the case, you might be eligible to receive compensation.

In order to receive compensation, you will also need to start your claim within the appropriate time limit. This is usually three years from the date the accident occurred.

However, there are some circumstances where exceptions to this limit can apply. Speak with one of our advisors for more information. They could connect you with a No Win No Fee solicitor from our panel if you have a valid claim.

Will Suing Your Employer Whilst Still Employed Cause Problems?

You may be worried about the impact that suing your employer for an injury on the job could have. If this is the case, you needn’t be put off claiming the compensation you’re entitled to.

The Employers’ Liability (Compulsory Insurance) Act 1969 means that your employer must have insurance in place to protect them in the event of someone making a claim. This means that, if you’re successfully awarded compensation, then the settlement will not come from the company’s profits or from your employer’s pocket.

For more information on claiming compensation for harm caused by your employer’s negligence, speak with an advisor today.

What Is Negligence By An Employer?

The HASAWA establishes the responsibility your employer has to ensure your safety in work. However, you may be wondering what they need to do to adhere to this duty of care. 

Some of the responsibilities of an employer include: 

  • Maintaining good housekeeping- Your employer should ensure that walkways are clear of obstructions, spills are cleaned up in a reasonable time and floor surfaces are suitable. Failure to do so could result in a slip, trip or fall.  
  • Providing sufficient training- You should be trained to carry out any role you’re expected to do in the workplace. For example, if your job role includes carrying then you should be given manual handling training
  • Supplying appropriate protective equipmentFor example, you might need non-slip shoes or safety goggles to reduce the risk of injury. 
  • Ensuring equipment is well-maintained- Machinery should be checked according to a schedule and repaired if necessary. 

For more information on suing your employer for an injury on the job, speak with our team.

Suing Your Employer An Injury On The Job Caused By Negligence

If you consider suing your employer for an injury on the job, you’ll need to provide evidence. This can include: 

  • The workplace accident report from the accident book
  • Your medical records (you might also be invited to an independent medical assessment as part of your claim)
  • Photographs of your injuries
  • Photographs of the hazard that caused your injuries
  • Eyewitness contact details so that a statement can be taken 
  • CCTV footage of the accident

A solicitor from our panel could help you collect the evidence you need to prove your claim. Speak with an advisor today for more information.

How Much Can I Sue My Employer For?

If you consider suing your employer for an injury on the job, you may want to know how much compensation you could receive. 

If you make a successful claim, you can receive up to two heads of compensation. The first is general damages, which will compensate you for the pain, suffering and loss of amenity that you have experienced. The second is special damages, which will reimburse you for any out of pocket expenses your injuries have cost you.

You can use the table below to estimate how much compensation your claim is worth in general damages. We have used guidelines from the Judicial College to calculate compensation amounts for this table. They provide guideline compensation values for a range of different injuries. 

Category And TypeDescriptionAmount
Wrist Injury (c)A less severe form of wrist injury which leaves the person with some permanent degree of disability. The person could be left with stiffness and pain.£11,820 to £22,990
Wrist Injury (d)Where the person will make a fully recover from a soft tissue injury or broken bone.Rarely exceed £9,620
Hand Injury - Serious (e)A variety of different types of hand injuries which will have reduced the persons hand usage by 50%.£27,220 to £58,100
Hand Injury - Less Serious (g)A crush injury which reduced or impaired the use of the hand and which could require surgery.£13,570 to £27,220
Moderate Leg Injury (iv)The bracket includes multiple or complicated bone fractures or a severe crush injury. In general this will affect a single leg.£26,050 to £36,790
Less Serious Leg Injury (i)Where the person has made an incomplete reovery from a bone fracture or where there is a similar degree of soft tissue injury.£16,860 to £26,050
Less Serious Leg Injury (ii)A simple femur fracture which does not cause damage to the articular surface.£8,550 to £13,210
Severe Hip Or Pelvic Injury (i)A extensive pelvic fracture which may involve a a rupture of the bladder or dislocation in the lower back.£73,580 to £122,860
Severe Hip Or Pelvic Injury (ii)Injuries which are only slightly less serious than those in the above category.£58,100 to £73,580
Severe Hip Or Pelvic Injury (iii)The person could be left with degenerative changes to the hip or pelvis and is likely to require a hip replacement.£36,770 to £49,270

In addition to general damages, you may be eligible to claim special damages. Special damages can include the following:

  • Travel expenses, such as reimbursement for hospital parking
  • Medical expenses
  • Care costs
  • Loss of income reimbursement
  • If you have become disabled, you can claim compensation if you need mobility equipment or any adaptations for your home.

For more information on what you could claim, speak with one of our advisors. 

Talk To Our Specialist Team About Suing Your Employer For An Injury On The Job

Another advantage of claiming with us is that we will give you the option to make a No Win No Fee claim. Making a claim under a No Win No Fee agreement means you don’t have to pay your solicitor a fee upfront or as the claim progresses.

Instead, you will pay us a success fee if you’re awarded compensation. If you do not win your claim, you will not pay your solicitor anything at all. 

If an accident at work that was not your fault caused you to be injured, please get in touch. You can:  

  • Call our claims helpline for free on 0161 696 9685
  • Use our online contact form to get in touch with us
  • Speak to us at the live chat feature to the bottom-right of this screen

We will be happy to talk about suing your employer for an injury on the job. And what’s more, we will assign our panel of solicitors can handle your compensation claim.

Learn More About Workplace Injury Claims

Would you like to learn more about making a workplace injury compensation claim? If so, please read these online guides.

Claiming for a broken wrist at work

Claiming for a broken toe accident at work

How much compensation can I claim if I slipped at work and hurt my back?

Examples of incidents that are reportable to the HSE under RIDDOR.

An HSE guide to preparing a workplace health and safety policy.

Eligibility criteria for Statutory Sick Pay (SSP).

Thank you for reading our guide to suing your employer for an injury on the job.

Written by HC

Edited by FS