Does any accident at work let you claim personal injury compensation?

By Ian Morris | Updated August 23rd, 2023

98 questions have been answered on this subject, why not ask your own?

Just because you have been injured whilst at work, it doesn’t necessarily mean that you will be entitled to make a claim for personal injury compensation. To make a successful claim the injured employee must be able to demonstrate that the employer was liable and exposed the staff to risk of injury rather than it being their own fault. It’s not always easy to know where you stand so here we look at common themes among valid work accident claims.

Have you got a valid work accident claim?
Taking responsibility – who is at fault?
Example 1 – when an employee is at fault and can’t claim
Example 2 – when an employee is not at fault and can claim
How we can help
Comments – your questions answered

Have you got a valid work accident claim?

All work accident claims and causes of injury should be reviewed on an individual basis. However, there are some basic pointers that can help you identify where you stand regarding the strength of a claim or otherwise. They key is to be able to prove that your employer was liable for your accident and therefore responsible for compensating you for your injuries and any other losses that you may incur.

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? If the answer is no, your employer has breached health and safety guidance already.
Were you given an induction to the workplace?
This would include guidance on accident management protocols, safety exits, hazard avoidance etc.
Did you have the correct protective equipment?
Were you provided with, or advised what personal safety and protective equipment you should have to complete your job safely? If the answer is no, your employer could be liable for your injury.
Were tools and equipment fit for purpose?
Did your employer adequately maintain equipment and service machines? Did they ensure that safety guards and mechanisms worked?
Did you know how to report an accident?
Were you advised how to report accidents and how to access the accident book? The injured party wishing to claim must ensure that the details of their accident and injuries have been correctly reported and recorded.
Were there enough staff to maintain safety?
Did the employer ensure correct staffing levels and an adequate amount of first aid trained staff?
Were reported risks taken seriously and made safe?
Did your employer act upon reports of potential risks of danger to employees?

The above is just a guide and there could be many more ways in which an employer would be liable.

Taking responsibility – who is at fault?

Employees and employers alike are bound by the rules of the Health & Safety at Work Act. Both parties must ensure that their actions do not put others at risk, with the employers having responsibility for training and equipment management/usage. To answer the question, ‘does any accident work enable a claim for accident at work, personal injury compensation?’ The answer is a definitive no, as not every injury warrants a claim!

As stated, to succeed in claiming accident at work compensation from an employer, the injured party would have to demonstrate that their employer failed to ensure their safety in the workplace, that they breached health & safety protocol and could have avoided the accident if they had done things properly.

For example, let’s take a worker in a factory, using potentially dangerous machinery to do their job. Unfortunately, the employee has had a really nasty accident with the machine and will be off work for quite a while. Is he entitled to make a no win no fee claim for personal injury compensation? Here are two scenarios, the first where the injured party would NOT be entitled to claim and the second, where they would.

Example 1 – when an employee is at fault and can’t claim

A worker works in a factory for a company. The worker was properly trained by their employer to use a dangerous machine safely and the training was regularly repeated. The worker’s use of the machine was also monitored on occasion by a supervisor.

The employer also made sure that the machine was fit for purpose with regular servicing and had all the relevant parts fitted such as a safety guard. The employer gave the employee the correct equipment to do their job safely, provided the employee with all the relevant protective clothing and did not pressurise the employee in to cutting corners by not using their training, work practices and equipment provided.

The staff member then opted to NOT follow the instructions of the employer, or use the safety equipment that had been provided and had a nasty accident and injury from the machine as a result (such as removing the safety guard to enable quicker working and crushing or lacerating their hand/arm). In this case, the injury and accident would entirely be the fault of the employee and not the employer. Therefore, the employee would not be entitled to claim accident at work compensation.

Example 2 – when an employee is not at fault and can claim

A worker working in a similar factory, but for a company that hasn’t provided the employee with any training to use the machine, hasn’t provided relevant safety clothing and equipment and doesn’t service the machine to check it is safe to use. If the employee then gets injured, crushing and lacerating a hand because they were allowed to use a dangerous machine without being given the knowledge of how to do so safely, the employer would be in trouble and fully liable. The claimant would have had a nasty accident at work and be completely entitled to make a claim for compensation.

It comes down to sensible management of potential dangers.

How we can help

Hopefully, you have found this information useful to you when deciding about your claim. It’s also helpful to know your rights after a work injury and what responsibilities your employer has regarding injuries at work.

The most important thing to do, once you’ve received medical attention, is to find out where you stand. In most cases, it is relatively easy for us to evaluate the likely outcome of a claim for workplace accident compensation, so we advise you to contact us and discuss the details of your accident and injury, just leave a question below or call us on 01225 430285, or we can call you back.

We can help to make sure that the details of your accident have been recorded properly and by the right people. We can help you to understand the claims process, how the costs of making a claim on a no win no fee basis are met and whether claiming compensation after an accident at work can impact on your employer or colleagues.

98 questions have been answered on this subject, why not ask your own?

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Questions

Read on for questions and advice about claiming...

Hiya, I had an accident at work on a wet, dark night whilst on an evening shift as a district nurse. I was the passenger of a drivers car. The driver had been provided due to requiring x 2 staff due to lone working whilst on the evening shift. Whilst travelling to see a patient, we were involved in a head on collision at approximately 30mph. Thankfully I had 4 weeks leave booked from this day which were used for my recovery and I have been on restricted duties all year since. I have had extensive physiotherapy and psychological support provided via occupational health at work. The scene was attended by police, fire and ambulance service and I was spinal boarded to hospital for further scans. The injuries are still persistent and the accident has had a huge impact on my life.

I am aware I will be able to claim for basic personal injuries from the actual car accident. But would I be able to make an accident at work claim ?

If you have not already pursued a claim for compensation, please call us on 01225430285 so that we can help you to recover compensation for both the physical and emotional injuries you have sustained in the accident.

You have clearly suffered considerable physical injuries as they continue to impact on your day to day work and home life and you have also suffered psychological trauma too. Our specialist Solicitors will ensure that the full extent of your injuries is accounted for in your claim and that any settlement awarded appropriately covers every aspect of the impact that this incident has had on you – both in terms of injuries, but also any losses financially and the potential impact on your future career too.

The claim in this scenario would not be against your employer as you were injured in a car accident. Although you were in the vehicle to undertake your working duties, the employer was not negligent in terms of the cause of the collision. Instead, the claim will be against the insurers of whichever vehicle was the at fault party. From a claimants perspective, whether your claim was of a road traffic accident nature or an accident at work claim, there is no difference to the process or to the potential settlement that could be obtained.

I fell up the cellar steps at work carrying beer bottles. I fell hands first onto the steps and broken glass, cutting open my left palm and left thumb. I went to A & E almost straight away and received 4 stitches to the hand and 3 to the thumb. I had 3 weeks off work in the end and I’m left with no feeling in my thumb, the top of my palm and first finger as well as not being able to move my fingers properly; this means I cannot use my hand very well. However, the doctors have told me that the feeling will come back eventually – whether that be in a couple months time or in a couple years time, they could not tell me.
My employer did not do a risk assessment with me and also I did not receive confirmation that the accident was recorded in the accident book.
Am I eligible to claim?

We would like to further investigate your situation and make a claim against your employers insurance for the injuries you have sustained and to recovery any loss of income or other incurred costs caused by this accident. The lack of any risk assessment and potential training issues are certainly relevant in this case and could lead to a successful claim for compensation.

Hi Ian,
I am a tower crane engineer and recently whilst 40m up and 30m out on the job whilst Lone working I had my foot crushed by the crane trolley. I had instructed the driver to move the trolley but my foot was unfortunately in the wrong place and got trapped by the trolley, where would I stand on making a claim? With me instructing the driver I’d imagine nowhere?

There is a possibility that you will be found to have been the negligent party in this matter. However, it could also be the case that the employer or site management provider may bear responsibility (as may the crane operator). If you would like to speak with our Solicitors and seek their view, please call us on 01225430285 and we’ll make some investigations for you.

Hi worked for my employer for 11 years had an accident a few days ago. I was leaving the building closed the door turned & tripped over a plastic pallet that had been left on the floor right next to the door & in a walkway which leads to the car park. I have a fractured elbow (& possibly tendon damage). Doctor wanted to sign me off for 5 weeks I said I didnt want to do that so he agreed to light duties & reduced work (office based computer work). My employer agreed & have arranged for a colleague to drive me to & from work. There is cctv footage. I wasnt going to claim but my line manager has told me after reviewing the cctv footage the mitigating circumstance is that the pallet had been in that position for about a week. I dont remember the pallet being there & to me that is worse several people inc the managers must have walked past it each evening. The accident form was completed in my absence by someone who viewed the cctv & has described the object as a bin – it was a low height pallet. Employers have been accepting of reduced hours (obviously to their benefit nobody else is trained do my job) & helpful with travelling but I feel angry that it hasnt been dealt with well & line manager is not sympathetic to the fact that I live alone can just about shower & dress myself at the moment & that is it!!! Does this sound like it could be a straightforward claim?

This certainly would appear t be a straightforward claim and is one we would anticipate that our Solicitors would wish to pursue with a likelihood of succeeding.

Any claim would be against the employers insurance and would not directly impact on any of your colleagues or the business. Your employment rights and legal right to pursue a claim for a non-fault injury such as the one you have sustained gives you ample protection and you should have the confidence to make a claim for what is a nasty and painful injury. Whilst you should make a good recovery, the elbow is a complex joint and not withstanding the short term pain and impact on your life, the longer term consequences of such an injury would be accounted for should you make a claim.

I fell through a warehouse roof. To cut a long story short, one employee was on the roof and came down and asked for help, so I helped him to put some man hole covers back in place. However, I fell through the roof and in doing so, I broke a lot of bones and suffered injury. I had not been given any training in roofing and working on the roof. Company Management knew that staff were working on the roof even though they may say not that that was not the case. Am I eligible to claim? I think I am, but would you advise me telling my employer that I plan to make a claim? Also can they fire me if I do make a claim?

You definitely have a right to make a claim and our initial view is that you should and that any such claim would be valid. We would be happy to help you make your claim. You can call us on 01225430285 to start your claim or you can use our website to get the ball rolling.

Regarding telling the employer, you have nothing to gain by informing them in advance and you do not need to do so. Whilst an employer may ‘take the hump’ if you do make a claim, they cannot legally dismiss you for taking such action. All employers are required to have employer liability insurance cover for such eventualities and any claim would be against their insurance rather than the company itself.

I fell down the stairs at work, everything was as it should be, I missed my step. Am I eligible to claim?

If there is no fault with the steps and no negligence, you cannot make a claim. In this case, it would appear that the incident was simply a case of an unfortunate accident and caused by your temporary loss of concentration.

I’m a lorry driver and during refuelling my truck due to lack of fuel in the ground tank the fuel pump started spluttering and caused a blow back resulting in fuel in my face and eyes. There was no eye wash available and on entering into the transport office to seek a first aid trained person I was told that there were none so I went to another building owned by my employer and was told there as well that there was no first aid trained people, plus it took 4 first aid kits to fine eye wash for me so this shows that checks are not being completed.
Where do I stand?
By the way had to attend hospital and had eye scans and irrigation but no lasting damage.

It would appear that you have been extremely fortunate in that no serious damage was done when the fuel made contact with your eyes. Whilst the incident would have been distressing, uncomfortable and stressful, it would seem that you are not sufficiently injured to be able to make a claim. If we are wrong in that assumption, please do let us know as you would otherwise have grounds to claim compensation.

I had an accident at work where a pallet full of steel fell on me injuring my leg and foot, work say i am to blame as i loaded the pallet on to the table incorrectly and when i pulled it to move it the pallet tipped, bringing the table with it. I believe the pallet was loaded incorrectly (not by me).

Are your employers blaming you after reading the contents of an independent report in to the accident at work? Or have they reached their conclusion based on their own (not independent) investigations? If the employer has not had an independent investigation conducted, they are not really in a position to apportion blame to you.

However, you may also struggle to apportion responsibility for the accident on the fact that the pallet was loaded incorrectly. Do you have evidence of this?

If you have not yet discussed your accident at work with a specialist Solicitor and had some detailed work done to further investigate your potential claim, we would like to speak to you further so that our Solicitors can look in to this for you. Our article on falling object claims might also be of interest.

Hi, whilst at work in a shop, a customer dropped a bottle of wine which smashed. I went to help my colleague clear up the spillage. I approached the area whilst holding a broom in my right hand and stepped on a chunk of glass from the bottom of the bottle which had skidded away from the impact area. My ankle turned and I fell hard to the floor, my right hand slamming down on to the brush head. I went to A&E the following morning as my hand had swelled and was badly bruised. I had completely snapped the little finger metacarple. My employer has said that it happened because of my own clumsiness, and that I am possibly facing a disciplinary about the amount of time I am needing to take off because of the accident. I am appalled at my treatment and considering whether to make a claim for compensation against them. Do you think I have a valid case? I have had H&S training on how to deal with spillage and clearing away glass properly, but no where did it mention the risk of standing on a piece of glass and falling as a result from such a breakage

The scenario you describe is an unusual one! Whilst your employer has issued training regarding the handling of the issue in which you were injured, it would appear that the cause of your injury was not covered. Of course, the employers insurance are likely to argue that they are not liable in this matter as the glass item that caused you to roll your ankle was not left in situ for a considerable time and that you failed to check whether it was safe to walk where you walked. That said, a claimant Solicitor would counter those arguments by arguing that you were required to attend the scene and that you had followed the training provided.

With this in mind, the most sensible thing to do would be to present your claim enquiry to our specialist Solicitors for detailed consideration so that they could advise whether, in their qualified and expert view, a claim for compensation would be a viable option going forward.

I had an accident at work and wasn’t given proper PPE. My employer has now given me a written verbal but not to my face and a final warning in one go. Is that fair?

Why has your employer issued you with a written warning? If you were injured due to the employers failure to provide you with the correct PPE, you could pursue a claim against them.

It certainly seems a little unfair to issue you with a written and final warning – unless of course, you were acting in a manner that contravened training and policies that you had previously been told to follow?

I fell at work in the field and couldn’t claim against the council. Can I claim against my former employers insurance?

Whether or not you can make a claim against your employer for the injuries you sustained whilst at work will depend on what caused you to suffer injury. We will need to understand how you came to fall and what your injuries were in order to be able to identify whether or not your employer has been negligent towards you.

You can only claim compensation from an employers employer liability insurance if the employer has failed in their requirements to provide a safe working environment, adequate training and appropriate work equipment and protective wear.

Please call us on 01225430285 to discuss your accident in more detail so that we can advise you as to whether or not you can claim compensation.

i was studying a work related course in the training room, when the presentation finished i leaned back on my chair, the chair collapsed as i fell i hit my neck on the radiator behind.

I have since returned to work after 4 weeks off due to the pain in my neck.

My employers have said they will pay me for being off, can i claim for pain and suffering and expenses back and forth to docs and hospital?

Even though your Employers are paying you whilst you are off work through injury (which is quite a generous offer as this often does not happen!), you are fully entitled to make a claim against their insurance cover for compensation for your injuries and associated costs.

Given your description of the accident and cause of your injuries, you would appear to have a valid claim. Please call us on 01225430285 so that we can discuss this with you further and explain how we can help you with this process.

I got my finger trapped in an embroidery machine at work. Part of the needle is embedded deep under the tissue and may need surgically removed. I received NO training on the machine. I normally do a completely different job. When we are short of work im put on a machine to embroider garments. I’ve never questioned this as we have no union representative and in this place you do what your told. They are refusing to pay me time off and want me back on Monday. Accident happened Tuesday morning. Do I have grounds for compensation?

You certainly have grounds to pursue a claim against your employer. They have completely failed you in terms of health and safety by not ensuring that you are trained to work the machine safely.

The employer is not obliged to pay you if you are off work – even if the reason for absence is due to a work related injury. However, we can help you recover any lost income as part of a claim for compensation against the employer. Our specialist Solicitors would seek to recover compensation for the pain and discomfort of the injury along with full recovery of incurred costs and loss of income if successful with your claim.

I fell over at work, just tripped. Broke my arm in 3 places. It was just a trip, nobody was to blame. Can I claim?

You can only claim compensation if you can attribute ‘blame’ or negligence on another person or business. In your case, you mention that you tripped and that nobody was at fault. Therefore, if you simply tripped over your own feet you have no claim. If however, you tripped on a defective floor surface or due to a hazard on the floor at work, you can make a claim against the employers insurance.

If you would like to discuss your accident in detail to find out whether you can claim, please call us on 01225430285.

I am a builder and my one and only employee has injured a bone in his hand whilst digging on site. The doctor told him to go home but he came back to work with a support on. Can he claim?

Whether or not your employee can claim compensation will depend on the cause of the injury to his hand. If he has simply injured his hand by way of working physically and due to misfortune, there is unlikely to be a claim to pursue. If however, he has injured his hand as a result of negligence – such as using machinery without the correct training to do so or without the correct PPE issued, he may have a valid claim.

In most cases, if an employer works with an injured party to help them through the short term issues caused by an injury (such as lighter duties or paying them whilst they are in need of a short period off work), an injured party will not wish to pursue a claim against their employer.

I recently had an accident at work. I was leaving work, closing the gate behind me when my ankle was caught under the wrought iron fence. This severed my Achilles’ tendon and needed an operation and will require weeks in a cast. Do you think I would be able I make a claim based on the fence being dangerous (it’s like a razor at the bottom) I was never given training on how to open or close the gate which is very large (about 8 meters wide) and was on my own when it happened. I managed to limp to get help and received first aid. No ambulance was sent for me,(as they thought it would take too long) instead my partner was called and took me to a and e where I waited another 2 hours to be seen. This process may have caused further damage to the tendon.

Given the severity of your injury, it would be sensible and wise to make a claim for compensation. Whether or not the training issue is relevant will be something our specialist Solicitors can consider, but the razor sharp edging of the gate/fence may well be of interest.

If you haven’t already done so, it would be sensible to ensure that an accident report/accident book entry has been made at work and we would also recommend that you obtain some photographs of the gate if at all possible – with some close up images of the edge that lacerated your achillies.

My partner hit his head on the edge of the door as someone opened it at work and had a 2cm deep wound on his eyebrow which needed glueing at a hospital, would he be entitled to make a claim?

Any person injured in a non-fault accident has a right to make a claim for compensation. In this case, whether or not your Partner will succeed with a claim will depend on whether or not the employer should have foreseen such an accident and taken steps to reduce the possibility of such an accident.

Given the severity of the laceration to your Partner’s face, it would be wise to further investigate making a claim for him. Please ask him to use the ‘start a claim’ page of our website to make further contact with us so that our specialist staff can speak with him to discuss the incident and ascertain whether or not a claim can follow.

Hi my wife dislocated her knee 12 weeks ago, no one’s fault she just turned in the office, her body went one way and her knee went the other. It’s just her knee is still as swollen and painful today as it was when she had the accident. She has lost out on a lot of overtime that she regularly does and this month her pay is going down to half. I know it’s no one’s fault but was wondering what our options would be?

If your wife’s injury was caused by nothing other than an unfortunate blameless incident, there is nothing that she can do in terms of claiming compensation. To claim compensation to recover lost income or compensation for the injury, a person needs to be able to identify negligence or blame on someone else that can then be claimed against.

A sliding door jammed on me and I caught my elbow in the door as I struggled out of the door. At the time I was shocked but didn’t think too much of it. However, I am now getting pain in the elbow and when I lift or flex my fingers.

Unfortunately, I didn’t record in this in the accident book at time as I didn’t appreciate the severity of the situation.

My elbow is still sore and painful and the door stuck again today. I have informed security and they said have that they are aware of issue and it has already been reported. How do I go forward? The initial accident was about 3 weeks ago.

The accident at work scenario you describe is a clear reminder as to why it is really important to ensure that any accident at work is immediately recorded within the employers accident book. Injuries are often not immediately present and most of us optimistically assume that we’ll be ok, but it is not uncommon that injuries become apparent in the days and weeks post accident – especially soft tissue injuries.

With regards to your situation, my view is that you could and should make a claim for compensation. It would seem clear that the employer is aware of a faulty door and that this has been reported to them. As such, they should have made all staff aware of the risks of using the door or removed it from use. As they have not done so, you have a prospect of succeeding with a claim for compensation. As your employer was not made aware of your accident at work when it happened, you should now put a report in to them in writing outlining what happened to you on the day of the accident and of the injury you are now suffering with. You could send such a report to the employer by email or post. Of course, you should also make a GP appointment to discuss the accident at work and the injury you are suffering with.

We would like to help you make your claim for compensation and can help you on a No Win No Fee basis. To start your claim, please call us on 01225430285 or use the ‘start your claim’ page of our website.

I tripped inside an industrial oven were they bake powdercoated sprayed items. I was walking backwards with my supervisor carrying an item that had fallen off the track and tripped on the uneven old oven floor causing 2 fractures of my vertebrate and in a back brace now for 8 weeks. Should I claim?

Whether or not you ‘should’ claim compensation is a decision entirely for you. However, on the basis of your description of the incident and the cause of your fall, it would certainly appear that you have every reason to pursue a claim and a valid motivation for claiming accident at work compensation.

If the floor of the industrial oven was uneven and in disrepair, there is a strong possibility that the employer could be found liable for failing to prevent your accident and therefore be held responsible for your injuries and associated losses. You have clearly suffered a very serious injury with a strong possibility that the injuries will present a permanent issue for you with regards to your strength and physical ability. With this in mind, you should certainly consider exercising your legal right to pursue a claim for compensation for the back injury you have suffered at work. You have serious injuries to consider as well as a likely loss of income both in the short term and possibly in the longer term if your injuries do not heal as you hope they will.

UK law affords any person injured in a non-fault accident the right to make a claim for compensation. Any claim must be made within 3 years of the date of the accident.

We would be very happy to help you and answer any questions you may have regarding the claims process and how claiming compensation could benefit you. Please call us on 01225430285 to find out more. You won’t get any pressure from us to pursue a claim, simply the help and information you need to be able to make a decision that suits you and your family.

I had a serious bout of sciatica last July, I was off work for four weeks, my injury was caused by lifting rubbish bags that have food waste in them to shoulder height to throw in the back of the lorry.
My company, Serco gave me all relevant training but, there is no training for lifting rubbish bags to the height needed to reach the back of the lorry. The council Serco works on behalf of (Havering) tell us we have to pick up all excess rubbish bags on the floor. I now have nerve damage in my leg and have had to give up my job.

Employers are required to provide manual handling training to all employees who will be expected to perform any kind of lifting whilst at work. This would include all lifting – whether someone in an office who simply has to pick up the odd pack of paper to load a printer or someone in a manual role expected to lift regularly. Providing training for safe lifting is important as it helps employers fulfill their obligation to ensure that workers are able to minimise the risk of injury whilst at work. However, providing the training does not in and of itself absolve an employer from liability should one of their employees go on to sustain injury as a result of repeated lifting.

In your case, it would appear that the requirements of the work you were expected to perform were incompatible with the manual handling training that you received. As such, it could be that the employer has failed to provide you with a working environment that enabled you to work safely and it may be possible that you could successfully claim compensation for the back injury and sciatica that you have suffered if we can prove that it was caused by your work and your employers negligence.

Of course, it is not possible at this stage to say for sure whether or not you could succeed with your claim but the description that you have given certainly indicates that a claim should be made. Please either call us on 01225430285 or use the ‘start a claim’ page of our website to make further contact with us and enable us to investigate your claim for compensation on a No Win No Fee basis.

I have just broken my leg as i slipped on water logged grass whilst installing cctv for my employer, am i entitled to claim?

Your enquiry is somewhat unusual as in most cases, slipping on wet grass would not provide any basis to pursue a claim for compensation. However, if you are performing duties for your employer, there could be a claim here. We would need to know more about your work, who tasked you with performing the duties and what risk assessments (if any) the employer had carried out prior to instructing you to install the CCTV before we could advise you further. I would strongly suggest that you call us on 01225430285 or use our ‘start a claim’ page so that we can discuss this with you and help you better understand your rights.

A beer keg fell on my foot from 12ft as it wasn’t properly placed on the lift going down to the cellar properly breaking my big toe, currently off work self certified. Is this my employers fault or the delivery drivers from the suppliers fault?

You certainly have a valid claim for compensation in this matter. You should make sure that the incident and a full description of what happened are recorded within your employers accident book.

The claim would most likely be pursued against the employers liability insurance in the first instance, but they may counter claim against the supplier for the negligent placement of the keg.

From your perspective, you shouldn’t worry about that issue as any claim will eventually fall to an insurer to handle and won’t directly affect the employer.

Please call us on 01225430285 or use our ‘start a claim’ page to get the ball rolling for your claim.

I work loading and unloading wagons we load in a yard with no loading bays we put a motorised pallet mover on back of the artic by picking it up with a forktruck. The truck is heavy so we stand on the forks to balance the weight but it should have a weight plate the truck flipped causing the lacerations to my leg, it is on camera.

If there should be a weight on the forks and the employer either hasn’t provided one or the one you have is broken and unavailable, the employer is at fault in this incident.

My view is that you should make a full enquiry with us with a view to taking this matter further.

I think you should pursue a claim – the lack of a weight that should be provided to make the fork truck safe is likely to be seen as employer negligence.

I wonder if you could speculate on this and advise?

This is a major big employer. If my employer has a risk assessment in place that clearly states the weight limit i should lift is restricted to say ‘X‘kg. To make more profit, if they then themselves change this to ‘Y‘kg without doing a new risk assessment, if I then suffer injuries surely its open and shut – an easy to win case in that the employer have been negligent?

I have been complaining about the increase in the weight and we have had a lot of injuries. They have since been refusing to show us any risk assessments.

I have the risk assessment from the time and it clearly states ‘X‘kg. Yet the company keeps saying its ‘Y‘kg. i have had new and back injuries and want to sue the ass of them. The evidence i have surely its a simple win for you?

No claim is ever an easy win, but the scenario you describe would give an initial view that you do have a valid claim on the grounds of employer negligence.

I slipped and fell very badly at work on a rug that had no grip and was on a polished floor I hit the base of my spine and I am in agony I can’t walk properly and have shooting pains in my back and arms. Who is at fault?

When it comes to assessing whether or not you have a valid claim for compensation, a question you can ask is whether it was foreseeable that the cause of your injuries/accident could happen. In this case, my initial view is that you do have a valid claim for compensation and that the accident was foreseeable. The employer has allowed a loose rug to be placed on a surface with no grip. It is foreseeable that the rug could slip on the surface and that as a result, someone could be injured.

You should make sure that the details of your accident are properly recorded within the employers accident book and of course, seek medical attention from a GP or A&E regarding the injuries.

We are here to help whether you wish to make a claim for compensation – something we would recommend in the circumstances described – or answer any queries you may have regarding your rights and how the claims process works.

i was recently in an accident at work where a heavy metal gate slammed shut on my finger. It was a windy day which led to the gate closing faster in the wind. I fractured my finger and have had an infected wound. Would i be able to claim against the owner of the building? The other gate doesnt close as quick as this gate – it has alot more resistance. Thanks

There is certainly grounds to further investigate whether or not you can make a claim in this matter. The building owner would have a duty of care to make the building, fencing and gates as safe as possible and as such, there may be a breach on their part of the door can be shown to be excessively dangerous.

I worked at the airport for almost 5 years and now have a pterygium on my eye, caused by the wind, dust debris and suns uv rays.
I’ve had it operated on three times now, the last being a few days ago on the 11th October. My eye specialist has said the likely cause will have been from not being provided with, or being able to use protective eyewear (i.e sunglasses/goggles etc) when airside.

We were given ear defenders and a hi-viz vests but nothing to protect our eyes and some days we could be out there up to 9 hours with all the dirt flying about from the engines.

Any advice would be grateful. Thank you.

I am not sure why it would not be acceptable for workers to wear eye protection when airside as it is clearly a foreseeable risk that particles of dust and dirt will be blown in to the faces of airside workers by jet engines and propeller driven aircraft.

With this in mind, it is definitely worthwhile our staff obtaining some further detailed information from you so that we can at least present this claim enquiry to our specialist Solicitors. Given the employers apparent failure to uphold their statutory duties and provide all relevant personal protective equipment, you may well have a claim here.

If you would like to investigate a possible claim further, I would suggest that you use our ‘start a claim’ function to provide our new claims team some initial information. We’ll then call you at a time that suits you to discuss things and take the details needed before passing the matter to our specialist Solicitors.

I trapped my hand in conveyor at work fortunately not broken but still a little swollen, I’m due disciplinary this week, i wasn’t trained on how to deal with blockages on the overhead conveyor, no procedure in place, but they tell me now i should have known to turn conveyor off but everyone there attends to blockages the same way i did. Not sure if i should claim but mainly want to know my rights for the disciplinary hearing.

To fully know your rights at the disciplinary hearing, you should seek immediate advice from an employment law specialist. However, you should take a representative with you and ensure that you are appropriately advised.

The employer has a responsibility to provide training to all staff using machinery that could be dangerous. In this case, there should be mandatory training in place regarding the handling of belt jams and as such, I am of the view that you have a valid claim for compensation here.

My daughter works at a school for kids with autism, one of the kids was trying to slam a door on another child who was on the other side of the door ,it slammed shut on her left index finger causing a deep cut which required surgery and follow up physiotherapist, the other child was not supervised at the time.

There could be a claim here if it can be shown that the employer had been negligent and not ensure that the children were being correctly supervised and managed.

Given the severity of the injury and the fact it is her finger, the settlement amount could be substantial and a claim would be wise.

Hello, I work with children in a school with social, emotional and mental health issues. On Fridays I am timetable to take part in football activity, around 2 and a half years ago whilst playing football a child has taken both feet from underneath me resulting in me breaking my arm/elbow needing corrective surgery. A union rep suggested I can claim but did not advise further. Am I entitled to claim anything?

Your employer would have responsibilities to your health and safety and it maybe that they have not properly risk assessed your involvement in this activity and correctly appreciated the risk to your health and safety. It is hard to know for sure if they are liable, but it you could certainly make a claim and see what the outcome is.

I have recently fallen conducting a security fence line Patrol leading up to the coast on one of the UK’s busiest ports.
I have received no training or instructions as how to best conduct this patrol.
I have to climb up onto some rocks to see at the bottom of the end of the fence line to make sure it is in, tact and not been tampered. As I was climbing down from one of these rocks I slipped and have injured my back. I do not know the extent of my injuries, yet, as I haven’t managed to go to a walk in centre or a&e; but I suspect I have cracked a rib and have am feeling similar symptoms of a recent whiplash injury that I thought I’d fully recovered from coming back. Does it sound like I will have a case for a claim?

The lack of training and instruction from your employer could well be seen as employer negligence and lead to a successful claim for compensation.

I would recommend that you use our ‘start a claim’ page to provide some further details to us as we would then be able to pass the matter to one of our specialist Solicitors who could then seek to pursue your claim for compensation on a No Win No Fee basis.

Hi. I work for a drinks distributor. I had to do a delivery and the way my company tell us to do it is walk backwards and put the keg of beer which is around 80kg down one step at a time whilst walking back. The steps were really small as my feet were overhanging on everyone. Was about 15 step and I fell 4 from the bottom straight onto my back with the keg nearly hitting me. I didn’t have any lasting injuries just a jolted back which lasted 2 weeks. Spoke with a solicitor and they said the legal costs would be more than the claim is worth? Is this correct as they should never expect us to walk backwards with 80kg down 15 steps?

I can only assume that the Solicitor you were talking with was not a Personal Injury specialist and not working on a No Win No Fee basis? Although your injuries were minor, there could still be a claim worth pursuing here.

Hi, thanks for your reply. And the solicitor was working on a no win no fee basis so I don’t understand this.

Hi. I’m a train conductor and during my shift I stepped off the train and fell down the gap. I fractured 3 metatarsals and was off work for 3 months. I don’t know how I did it it was a pure accident. My employer has an ‘average earnings scheme’ for loss of overtime etc when off work, but I don’t qualify as they are implying it’s my fault. I know it’s not my employers fault either, but it happened on work time on work premises. Do I have any case at all? Cheers for the advice.

You would have a valid claim if you could establish that the cause of your injury rests with employer negligence – such as damaged or broken work equipment or a hazardous or disrepaired section of platform at the station in question. If you can not identify any such issue, it is unlikely that you could pursue a claim.

Hi, I fell at work ( outside of the building). The wind had blown the snow shovel from up against the fence to the pavement. The security light was not working, so didn’t see the shovel laid on the ground. I tripped over the shovel, fractured my 5th metacarpal ( left hand) and cracked a couple of ribs. I wore a cast for 4 weeks but have been left with a possible fracture that will not fully heal ( possible non union). I can’t make a fist, straighten my little finger or my ring & middle finger ( visible deformity )and can’t fully flex my wrist after and have been in a lot of pain and have had 4 1/2 months of Physio. I was unfit for work for nearly 5 months and had loss of earnings.I have been informed that I am not entitled to compensation due to non negligence and the fact that I was injured through no fault of my own is not enough!! Is this true considering I was at work, carrying out work duties when my accident occurred?

Who has told you that you are not entitled to claim compensation? Of course, we would need to find out a little more but on face value, we believe that you do have a claim to be made against your employer.

If the security light was not working due to a fault with it or it had not been switched on that could be an area of negligence. Further, the snow shovel should not have been left outside where it was foreseeable that it could blow over and create a tripping hazard.

We would be happy to pursue this further for you and bring your claim to the attention of our specialist Solicitors for further consideration.

Hi I work for a lift company and sent to do a break down on a lift I’ve never had proper training on! I got my arm trapped in the moving lift I was doing repair as I been shown by another person not a trainer! I’ve just come out of hospital where do I stand with sick pay and compensation?,thanks

With regards to compensation, my initial view would be that you are probably in a strong position with regards to your employer being negligent and you have a valid claim for inadequate training compensation. As your employer has failed to provide you with adequate training, it is quite possible to be the case that they have to admit employer negligence and as such, you would have a strong claim for compensation.

Your employer does not have to provide you with your usual salary whilst away from work – unless your contract stipulates that you are entitled to the same. If not, your employer will probably place you on statutory sick pay during your absence from work. Clearly, this would leave you out of pocket. The way to then recover your lost income is to make a claim for accident at work compensation against your employer. If you were to succeed, you would receive a value of compensation for the injury sustained and also be able to recover lost income and costs by way of the special damages element of your claim.

We would be very happy to take this further for you.

I have had an accident at work where I was firing a nail into some wood but the nail came out of the wood and went into the side of my thumb. I have had to have surgery to fix the problem. I have been left in pain and had to take 6 weeks off work, with only sick pay which has left me in financial difficulties and depression with worries, mostly about money. Is there anything I can claim for?

You may be able to make a claim against your employer for the injury and also to recover all lost income and costs incurred by your accident. However, you will only be able to succeed if it can be demonstrated that your employer failed in their duty of care to minimise the risk of injury – such as a lack of training or lack of personal protective equipment provision.

We’d like to speak to you further as our staff would be able to help you identify whether or not we can attach any employer negligence here and if so, you would have a claim.

Hi
I have in the last 8 months had two accidents at work. The first one I tripped over a pallet fell and hit my head. I attended hospital and had a slight concusion so had to have a week off work.
The second one I twisted my ankle on a bolt that was left sticking out of the floor… Although I never had any treatment I was still off work for about a week… Both accidents have been put into the accident book.
Am I in a position to make a claim?
Many thanks

The details you have provided give us an initial view that you should pursue claims against your employer for both matters and we would like to pursue these for you.

In both instances, employer negligence is apparent – the pallet in the workplace could well have been blocking a walkway and therefore a breach of health and safety at work and the bolt on which you tripped should not have been sticking out of the floor as it is an obvious tripping hazard.

Hi,

My BF was polishing glass at a hotel and the washer was broken earlier in the day and then fixed, then someone added too much salt to the machine, due to the machine having too much salt in it the glasses were very cloudy and caused him to have to apply more pressure to polish. The glass broke and he sliced his fingers, had to go to A&E, XR showed glass left in wound, after digging in the wound they decided decided they couldn’t get it out so have left it in and glued it up.
Does he have a claim?

Your partners should contact us so that we can pursue a claim against his employer for compensation. Whether or not the claim would succeed would not be known until further information was obtained as to succeed with a claim against an employer it is vital that employer negligence can be demonstrated. However, as we work on a fully No Win No Fee basis, your partner should pursue this matter.

Hi, I was polishing wine glasses at work at the resturaunt. It then snapped in my hand and cut through my finger and damaging a tendon and nerve. I am in a cast for 3 months and have to have physio therapy. Can I claim from this? Thank you.

We have previously succeeded with a number of identical accident at work claims and would recommend that you provide us with your contact details. One of our team will then call you to take some further information and get your claim enquiry to the right specialist Solicitor.

Hi my husband was working the back door for delivery at a supermarket store, he was informed at the beginning of he’s shift that the lift to put the cages on wasn’t working properly as the metal pole was broken. They told my husband either get a member of staff to hold the pole up as you put the cages on or use a step ladder to hold it up, so he used the step ladder an the pole still fell at fall speed an hit him on he’s head which resulted in him having to go a&e an having it glued.

We was wondering how this would all work etc an of he should put a claim in?

The employer has been negligent here. From what you describe, they have placed your husband at risk of injury. On that basis, he ought to make a claim for compensation against the employer and seek compensation. We would gladly help him with this and discuss how the claims process works and confirm that it would have no implications upon his employment or affect any of his colleagues.

Hi, i am an hgv driver, i recently slipped off a step getting out of a lorry in the correct manner lost my grip and fell backwards into the road injuring my head i was taken to hospital and found to have a small bleed and bruising to the brain i spent four days in hospital an am now at home recovering very slowly. I dont blame anyone for the accident but am only recieving ssp and dont know if i will ever be fit enough to return to work, any advice would be appreciated.

If you slipped off the step because of employer negligence you could seek to make a claim for accident at work compensation. In the situation you describe this would be that you lost grip due to a fault with the vehicle step or handle that was known by the employer and had been ignored. This would be a worn step surface, a lack of non-slip surfacing or a failure of the employer to ensure that you were adequately trained and qualified to use the vehicle. To succeed with a claim for accident at work compensation you must be able to attribute the cause of your accident to negligence on the part of the employer.

Your employer is not obliged to pay your salary whilst you are off and as you are only receiving SSP, the only way you can seek to recover your lost income would be by succeeding with a claim for accident at work compensation.

Hi I took a lad I look after on a working holiday skiing , I was snowboarding he has physical disabilities we arranged a tandem ski for him and like I say I was on my board I came off at around 30/40 mph. I ended up getting back to the uk and spent almost a week in hospital with a lacerated liver, bruised bowl and I damaged some vessels, I am off sick still after a month – it’s left me feeling shocking and shaken up.
To add to matters the young man and his mother are giving me hell for not sending in a sick note within 7 days despite knowing how bad I was, which is leaving me feeling depressed and not wanting to go back to work.
Do I have a claim?

Our initial view is that you can’t make a claim for the injuries you have sustained whilst snowboarding. Clearly, snowboarding is a potentially dangerous activity and no level of training or advice can remove the risks of injury presented by the sport. As such, although you may have been working, we can’t see how you could establish employer negligence in this case.

I recently hit my finger at work against a stationery digger and have had to remove the tip of my index finger. I have been to the hospital etc I was working for the company for only 2 days as an induction when this happened. Will I be able to make a claim?.

We would like to speak with you to find out more about the accident and how you sustained such a nasty and permanent injury. We need to find out about what training you were being given, what induction you had received and what personal protective equipment you were provided with or required to wear.

Your injury is clearly serious and you should therefore allow us to investigate the prospects any claim for compensation you were to bring would have. Please email your contact number to us at: justice@direct2compensation.co.uk and we’ll call you to take some basic information and help you find out more about your rights.

Hi I had an accident at work on 9th November whereby I was coming down a stairs and at the end of the stairs I had to take a few steps towards a door that was glass with a timber frame surrounding it. No stickers on the door. Normally this door is opened and has a white box kept against it to keep it open . This box was at the end of the stairs and I thought the door was opened and went straight to go through. I banged my head of the door and got an undisplaced broken bone in my nose . Am I entitled to claim?

We have successfully pursued very similar claims in the past where people have been injured as a result of colliding with clear glass panels that have no marking on them to warn that they are present. Whilst it may seem obvious when thinking with the benefit of hindsight, when a large glass panel is particularly clean it can be invisible and as such, it is important that hazard warning markers – usually a large white circular sticker – is applied to the glass panel at regular intervals, both at adult and child eye level height. This provides a warning and visual indicator that there is not a clear way through due to the glass.

In your case, we think you should let us present your claim for compensation to our specialist Solicitors for consideration. If there has been a report made of the accident in your employers accident book and the lack of any stickers or markers on the door can be shown – perhaps by way of a photograph if you can take one, or the statement of a witness or the accident book, we think you would have good prospects of succeeding with a claim.

Hello

I recently cut my finger at work whilst polishing a wine glass which snapped in my hand. The glass city into a tendon on my finger and required an operation to fix and follow up physio therapy. Would I have grounds to make a claim?

We have a number of identical claims running at this time and have had success with a good number of them. I think it is worth putting the specifics of your claim to our specialist Solicitors so that they can advise you further.

Hello

I recently had an accident at work where I got my finger trapped in a door and I required an operation due to my nail being badly damaged. The door had a fault where the slow closers were not working properly and my company has admitted this and now fixed the door. They have said however that as no one ever reported the door being broken they are not liable as it is my own responsibility to report hazards at work. Is this correct or can I make a claim?

Your employer has a responsibility to repair items that are reported as faulty and employers should always report faults if they notice them.

In this case, if your employer was not made aware of the fault with the door, they may have a defence to the claim. However, much will rest on what training they have given you regarding making sure you know of your responsibilities to report faults and how to do so. Also, the employer cannot simply rely on employees to report faults and should carry out periodic inspections themselves.

We would certainly be happy to investigate your prospects further and would be keen to pursue this claim for you.

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Table of contents

Have you got a valid work accident claim?

Did your employer ever give you any training?

Were you given an induction to the workplace?

Did you have the correct protective equipment?

Were tools and equipment fit for purpose?

Did you know how to report an accident?

Were there enough staff to maintain safety?

Were reported risks taken seriously and made safe?