Accident At Work Claims – Are You Entitled To Compensation?

Compensation amounts for workplace injuries vary depending on factors such as the severity of the injury, the impact on your ability to work, medical expenses, and other financial losses like lost earnings. Each case is unique, but we can help estimate the potential amount of compensation.

In addition to the award for your injuries, the compensation settlement value also takes into account psychological damage.

Claimants who are pro-active, cooperative and retain a keen interest in what is happening, will stand the best chance of a final settlement value adequately meeting the full extent of the injuries they have sustained – check out our top tips for maximising your compensation settlement.

The lists below are a guide to how much you might be able to claim for your injury. It does not include amounts for “special damages”, for example, loss of earnings, expenses or medical treatment.

You can’t be sacked for making a compensation claim against your employer, or being injured in an accident at work that wasn’t your fault.

Good employers will deal with accidents and claims in a professional manner and not stand in an employees way should they need to make a claim for compensation.

Bad employers will be less helpful, they may be obstructive towards staff who are injured, perhaps even threatening them with the sack.

If you do find yourself in a situation where you’ve been fired following a legitimate claim you would then have a further case to claim for unfair dismissal. Employees can only be sacked after an accident for their own gross misconduct.

Your first step in a work accident claim will be to discuss the details with a solicitor. They will ask you questions to gauge the strength of your claim, and then let you know if it’s worth pursuing.

If it is, you’ll sign a no win no fee agreement with your solicitor and the claims process will begin. Evidence will be gathered and your solicitor will notify your employer’s insurance company that you intend to claim compensation.

If your employer accepts they are at fault and liable for your injuries, your solicitor will negotiate how much compensation should be paid with the insurers.

If they can’t agree on a settlement value, or the employer denies liability, your solicitor can begin court proceedings. However, most work accident claims never reach court as negotiations usually continue until an agreement is reached.

The list below is just a guide and there could be many more ways in which an employer can be held liable for your injuries. You may even be able to claim if you are partly at fault. In most cases, it is relatively easy for us to evaluate the likely outcome of a work accident claim in one phone call with you.

• Did your employer ever give you any training? (this could relate to manual handling training, specific training to use certain machinery or other job relevant training).
• Were you given an induction to the workplace? This would include guidance on accident management protocols, safety exits, hazard avoidance etc.
• Were you provided with, or advised what personal safety and protective equipment (PPE) you should have to complete your job safely?
• Did your employer adequately maintain equipment and service machines? Did they ensure that safety guards and mechanisms worked?
• Were you advised how to report accidents and how to access the accident book?
• Did the employer ensure correct staffing levels and an adequate amount of first aid trained staff?
• Did your employer have have proper procedures and risk assessments in place?
• Did your employer act upon reports of potential risks of danger to employees?

If you were partially at fault for the accident, you might still be able to claim compensation. However, your compensation might be reduced based on the degree of your fault. This is known as contributory negligence, or split liability.

A successful claim needs evidence that proves your employer was at fault.

1. Firstly, you should seek medical treatment so your injuries are recorded in a medical report. However, it may still be possible to claim even if you haven’t yet seen a doctor.
2. Secondly, you should ensure that the details are recorded within the employer’s accident book or recording system as soon as possible. The injuries and their cause (such as potential hazards) should be accurately described.

If there’s no accident book record or an employer has refused you the right to record the details within their accident book, it doesn’t mean you can’t claim. A strong record in an accident book is just one of the many key bits of evidence that can help any personal injury compensation claim reach a successful outcome, and you can often find other means of proving what happened. If possible, take photos and find supporting witnesses.

If the employer is not convinced with your explanation, bring in witness testimonies to verify your story. Having supporting statements from colleagues can provide a stronger prospect of success in certain cases.

Furthermore, your employer has a legal obligation to report certain accidents to the HSE via RIDDOR, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, which you can view on the government website.

Usually, yes, you will receive some pay if you need time off after an accident at work. How much will depend on the situation and the contract you have with your employer. Sadly not all employees receive full pay if they are off work injured – commonly your employer will put you on Statutory Sick Pay (SSP).

However, it’s important to remember that you have the right to more than just sick pay. If you’ve been injured in a work accident that wasn’t your fault, you should be treated fairly and allowed to claim compensation.

As well as a payout for your injury and its affect on your life, depending on your specific situation, you can also claim for loss of earnings, treatment for your injuries and any other expenses.

Once a claim is active, it’s possible to request a payment for any treatment required to return you to work as soon as possible, plus upfront payments to cover the period you are unable to work.

A very common worry for people is how making a claim will affect their employer. Do not feel that claiming will damage the reputation or financial health of your company. All employers must have insurance to protect both you and them should you have an accident at work. The claim is dealt with by the insurance company rather than your employer, and your solicitor will negotiate with the insurance company. You can also make a claim in the knowledge that you are not jeopardising any colleagues’ employment.

The details of your claim are confidential. Your employer must tell no persons other than their insurers, and your solicitor will adhere to data protection guidelines. It’s up to you who you tell or don’t tell about your claim, or if you want to discuss the claim with your employer.

In most cases, the compensation for a work accident claim is paid by the employer’s insurance provider. Employers are usually required to have Employers’ Liability Insurance to cover such claims.

A No Win No Fee agreement enables a solicitor to pursue a claim on the basis that they will charge no fee to the claimant if they fail to succeed with the claim.

A claimant will pay nothing if their claim is unsuccessful so long as they have not acted fraudulently and have cooperated fully with their Solicitor during the pursuit of the claim.

If a solicitor succeeds with a No Win No Fee claim for their client, they will deduct up to 25% of the awarded compensation. This deduction goes towards the Solicitors legal fees, with further costs chargeable to the defendant.

The only other cost that a claimant may face on success of their claim is for any provided After the Event (ATE) insurance cover that the Solicitor had to put in place at the outset of the claim. Again, it is worth noting that ATE insurance is only payable if and when a claim succeeds and never payable if a claim fails.

While a private medical report is usually required to provide evidence of your injuries, you should not have to pay for this and it will be arranged by your solicitor.

One other financial impact to consider is that if you currently receive state funded benefits, such as Universal Credit or similar, your compensation could affect your benefits entitlement and the amount you receive.

Usually you have 3 years from the date of your injury to make a claim. This time limit is called ‘limitation’, after which the claim will be statute barred and you will be unable to seek compensation.

An exception to this rule is for minors. A person under the age of 18 years at the time of their accident have until their 21st birthday in which they can register a claim. Another exception is for industrial diseases, where the limitation period is 3 years from the date of medical diagnosis.

It is advisable to make a claim at the earliest opportunity and to not wait the full 3 years. This allows time to prepare a strong claim and therefore maximise the prospects of a successful outcome.

The time it takes to settle a work accident compensation claim can vary greatly depending on the complexity of the case, the extent of the injuries, and the willingness of the parties to reach a settlement. It could take several months to several years.

Yes, you can claim if you’re a self-employed contractor. The company you’re working for has the same duty to protect you as their own staff.

In the UK, any worker can make an injury claim, whether they are full-time, part-time or temporary agency staff.

Sometimes the injured worker is unable to make a claim for themselves. In such cases, a family member or legal representative can do it for them.

Yes, you can claim if you have left the company where you had your accident.

Claims can be made if a company has ceased trading, merged or gone in to administration. In the UK, if your employer has gone out of business, you can typically pursue a claim against the company’s Liability Insurance, which is required by law. Alternatively, you may be able to claim compensation through the UK government’s compensation fund.

Get in touch with us for professional guidance and representation and we can help you to start your work accident claim.