Am I eligible to claim personal injury compensation?

106 questions have been answered on this subject - ask us your question

These are the main criteria you need to check to see if you can claim:

  • Was the accident someone else’s fault?
  • Do you know the identity of the liable party?
  • Did you report the incident?
  • Have you sought medical treatment from your GP or hospital?
  • If not, are your injuries still presenting symptoms that your GP can diagnose?

Don’t worry if you’re unsure about all this – we can help.

Tell us about your accident

The quickest way to see if you are eligible to claim is to tell us about your accident and we’ll get back to you asap. We won’t share your information with anyone without your permission.

    Who can make a claim for injury compensation?

    In simple terms, any person who has been injured in an accident that wasn’t their fault can make a claim for compensation. The law is the same for adults and children, with the only difference being the length of time you get to make your claim. Children are allowed up until their 21st birthday to pursue a claim, whilst adults have 3 years.

    The first question to ask is whether the accident which lead to the injuries was caused by negligence? Could the accident have been avoided by using better practices and did the 3rd party have every reasonable chance to foresee such an accident?

    Valid work accident claims

    Just having an accident at work is not enough to guarantee compensation. To make a work injury 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. For example:

    1. Did your employer give you the correct training?
    2. Were you given an induction to the workplace?
    3. Were you provided with personal safety and protective equipment (PPE) to complete your job safely?
    4. Did your employer adequately maintain equipment and service machines?
    5. Were you advised how to report accidents and how to access the accident book?
    6. Did your employer ensure correct staffing levels and an adequate amount of first aid trained staff?
    7. 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. If you are self-employed you could potentially claim against those responsible for your health and safety where you’re working.

    Valid road traffic accident claims

    RTA claims can be made for a range of physical and psychological injuries, not just whiplash. And the cause of the accident need not be another vehicle, it could equally be a faulty traffic light or road surface. If the person who caused the accident is insured you can make a claim against the insurers, for hit and run or uninsured drivers the claim will be made against the Motor Insurance Bureau. If the accident was caused by the road surface itself, it may be possible to make a claim against the Highways Agency.

    Valid slip, trip or fall claims

    Slips, trips or falls can obviously take place anywhere, but to claim compensation you need to prove that responsibility for the accident lies with a third party rather than yourself. Shops, restaurants, libraries and business establishments, for example, all have a responsibility to ensure people’s safety. If they fail to do so and accidents occur as a result, they can be found to have been negligent and liable to compensate the injured party.

    Clearly, if you slip and fall after mucking about, any injuries you have are going to be seen as being your own fault. You can’t claim personal injury compensation if an accident was caused by your own actions!

    For more detailed information read How do I know if I have a valid slipping accident claim?

    Reporting the accident

    Another important factor in making a successful claim is reporting the details of your accident to the right people. If you’ve slipped on a wet floor in a private establishment (a business premises, a supermarket, a cinema, a restaurant etc) you must make every effort to ensure that the party responsible for running the premises is informed. Any employer or location open to the public should have an accident book and a way of recording incidents. By recording the incident, you are providing proof that you fell in their premises and that your injuries were caused on their patch.

    Unless you are severely injured and incapacitated, you should report your accident and injuries immediately and ensure that they are noted in an accident book. If the third party tell you they don’t have an accident book, or won’t let you have access to it, there are things you can do.

    Are your injuries serious enough?

    It’s not enough to just be injured, the injury has to be severe enough to provide a sufficient level of quantum to enable the claim to be placed. Quantum is the posh Latin term for value of the claim used in the legal world. To ensure that the injury value is sufficient, it is usually the case that an injured client will need to have suffered from their injury for a period of at least a few weeks. Therefore, if you sprained your ankle mildly and recovered within a fortnight, you would struggle to bring a claim. But if you sprained your ankle badly, tearing the ligaments and spent 6 weeks on crutches and then had 5 physio sessions, your claim would easily pass the quantum test.

    If you haven’t had medical treatment, it is likely that your injuries will not be seen as sufficiently serious to warrant a claim as medical evidence is needed to support your claim. If you have been suffering in silence and haven’t seen the GP, you still can. If the GP is happy to note that your injuries are consistent with those suffered in a slipping on a wet or dangerous floor surface, you can then prove your injuries and pursue a claim.

    If all this seems a bit complicated, or you haven’t done any of the above, don’t worry – if you contact us we can talk you through it and help you to complete the necessary steps.

    Being involved in an accident which isn’t your fault can be rather traumatic, not just for you but also for your family. Most people don’t know how to react after being thrust into such a scenario and it can rock a family to their core when they least expect it.

    You might not think it is worth going through the hassle of putting in a claim for compensation, but it doesn’t take much time at all and provided you hire a good solicitor who has experience in dealing with such matters, you will find the process of claiming for compensation rather easy.

    106 questions have been answered on this subject - ask us your question

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    Comments & Questions

    Read on for questions and advice about claiming...

    Can I be charged 25% +5%VAT, From my CICA Compensation award by the no win no fee Solicitors

    Ian Morris

    Our Solicitors make sure that there is nothing more than 25% of any award deducted on success – any taxes would be included within the 25% deduction when calculated by the Solicitors, therefore ensuring the fairest possible outcome for the claimant.

    In your case, you’ll need to check the terms of the Conditional Fee Agreement (CFA) that you signed when instructing your Solicitors to act for you.

    Reply

    Hi Ian
    I sufferred a deep cut to the tip of my index finger at a family restaurant. On lifting a chair from the seat pad to manouvre in to sit, the seat pad was loose resulting in me unwittingly on sitting fully on my finger trapped between the seat pad and the frame. I was due a knee operation the following morning which thankfully did proceed but was touch and go due to an open wound and bruising being present. I am currently off work due to the operation but it would have been difficult for me to carry out my normal duties (lots of manual handling involved) had I been at work. A team member at the restaurant mentioned to me that a similar accident had occurred to another customer in the not so distant pass as I was waiting for the first aider.Had I not been having the operation I would have seeked medical advice on wether stiching or gluing the skin was advised. In working in retail I know accidents happen, but this is faulty furniture which can be easily checked & could easily involved a young child.Is this work pursuing or do I treat it as one of those things?

    Ian Morris

    We’re confident in our view that you have valid grounds to pursue a claim and that the restaurant was negligent. Not only was your injury avoidable (given the staff members comment about a very similar incident having already happened and the fact that the restaurant should ensure that all chairs and tables are in good repair before allowing them to be used), but the injury was painful and would have caused you discomfort and distress.

    If you would like to pursue this further or find out more about your rights and how we can help you, call us for a no obligation friendly chat on 01225430285. Alternatively, if you would like us to call you, pop your number over to us via a call back request and we’ll be in touch to help you.

    Reply

    My anxiety and depression has flared up due to my work. I have brought this up in January when I really started to notice it, but my concerned went unaddressed and this has been the same since then throughout until now. I felt I could not really do anything because I had applied for permanent hours at a morning job with the same company and that if I said or complained too much it would affect my chances. I have spoken with my GP about this as well and my meds have been put up to max now. Have I got a claim?

    Ian Morris

    Claiming compensation for work related stress, anxiety and depression is a very difficult area of personal injury compensation. As such, there are not many firms who offer a service in this niche area of the claims sector. However, we do have specialist Solicitors with an expertise in this area and they can advise you as to whether or not the scenario you describe would enable a claim to proceed.

    We offer a No Win No Fee service on such matters and our Solicitors will gladly advise you regarding your situation.

    Reply

    Citizen housing have left my kitchen unsafe I’ve suffered a serious electric shock

    Ian Morris

    Make sure you report the incident to the housing association and that you seek medical attention from your GP or a walk-in-clinic to ensure that the details of any symptoms (which in cases of electric shock may include heart rhythm issues, pins and needles, nerve damage, muscle pain, headaches etc) are on record.

    Reply

    Can I claim compensation for deep cut on my finger? This happened at work and I went to A and E where the cut was cleaned and glued.

    Ian Morris

    Whether or not you can pursue a claim for personal injury compensation will depend on how you came to sustain the laceration injury at work. If employer negligence played any part in your injury, you can pursue a claim against the employers insurance cover for the pain and distress caused by your injury and recover any lost income or costs caused by the injury you have sustained. In this case, employer negligence would be a failure to provide adequate training to an employee or where an employer has not provided the correct equipment, a failure to provide ppe, risk assessments or asked an employee to work in a dangerous manner.

    Our specialist team can assess the specific cause of your injury and advise you as to whether or not you can pursue a claim.

    Reply

    Hospital diagnosis me with epilepsy and put me on sodium valproate but gave no follow up – since 2017. They have now said that I should never have been on this medication because I never had epilepsy?

    Ian Morris

    We do have specialist clinical negligence Solicitors who can advise you on your situation.

    Reply

    Is it possible to receive compensation after being attacked in a train station and have a permanent injury as a result of the assault?

    Ian Morris

    Injuries caused by an attack or assault can lead to successful claims for personal injury compensation via the Criminal Injuries Compensation Authority scheme. This is a tax payer funded scheme open to the victims of criminal assaults. To qualify for the scheme the claimant MUST have reported the incident to the Police at the earliest opportunity and cooperated with the Police during any investigation. The claimant must also pursue their claim within 2 years of the date of the assault (however there can be scope to have the time limit waived in certain cases).

    Reply

    I broke a back tooth on a free burger at work! As I heard the crack, I swallowed some of the food and spat the rest out into a tissue. To my horror I had swallowed the broken piece of my tooth and the object that broke it! I’ve tried to claim for the extraction money and further dental treatment due to this injury, but they’ve said that as there is no evidence (because I swallowed it!), there is nothing I can do. Do I have a claim or not? Many thanks

    Ian Morris

    This is very unfortunate as without evidence to support you, a defendant will simply not admit liability and the courts would not find against them. Did you immediately record the incident at work in an accident book or similar?

    Reply

    Hi. I had a stroke at work, can I claim compensation?

    Ian Morris

    It is unlikely that you would be able to attribute the fact that you had a stroke to negligence of your employer and therefore proving a causal link between your employer and your health incident is likely to be a hurdle that would be very hard to clear.

    Reply

    Hi, I have been terminated from my job. I was currently stood down at the time of termination due to accusations that my former employer never provided evidence of me doing. I’m the sole provider for my family and this has caused me so much stress. The job was stressful before I was terminated to the point where I had to participate in a sleep study because I wasn’t getting enough sleep. The regional manager from my former employer was constantly coming for me and it started to feel like work place bullying. He was meant to be my support person but before I was stood down I hadn’t heard from him in weeks. I don’t want my job back as I know if I continue to work there the way in which I’ve been treated won’t end. I’m just enquiring to see if I have a case in regards to stress and emotional damage on myself?

    Ian Morris

    You need specialist advice given the situation in which you find yourself. Fortunately, we work with specialist Solicitors who are experts within this niche area and can advise you from a position of expertise, experience and know-how.

    Reply

    Can you recommend a personal injury solicitor in Northern Ireland?
    Thanks

    Ian Morris

    We are able to provide a link to a Personal Injury Solicitor in Northern Ireland as one of our specialist Solicitors has a link with a firm in that region. Please email us at justice@direct2compensation.co.uk to outline the situation – include your contact details, accident date, location and a description of the incident and injuries sustained and we’ll have someone contact you to advise further.

    Reply

    A kitchen cupboard door fell on my foot at work just now, there’s a mark on my foot and I’m struggling to weight bear just want to know if I have grounds for a claim?

    Ian Morris

    Our Solicitors have successfully pursued identical claims in the past and we would be more than happy to assist you in pursing a claim against the employers insurance for the injury sustained and any scaring or mark to your foot.

    The most important thing to do at this early stage is to make sure that the details of the incident are reported in an employers accident book, or at least in writing with the employer. This provides our Solicitors with a very helpful paper trail when they have to evidence a claim. You should also make contact with your GP or an NHS walk-in clinic/A&E setting to ensure that your symptoms are assessed and the details of your injury recorded on your medical records.

    Reply

    Hi, I had an accident at work back in December slipped on floor screed in a care home I was working with. There was a sign at the top but not at the bottom where I was I filled out accident forms and my company have. Just recently I’ve been having problems with my back and now currently on sick as can’t do the job I do. Do you think there’s a claim there?

    Ian Morris

    We would like to investigate your claim further as we do feel that you may have just grounds to take this matter further. Please email some further information to us at justice@direct2compensation.co.uk, including your name, contact details, accident date, location and the injuries sustained and we can then look in to this for you.

    Reply

    i had an accident at work. I lifted a piece of steel up and tore my bicep tendon in half which came off the bone. Can i claim if i haven’t received refresher training for manual handing and overhead crane?

    Ian Morris

    So long as your injury happened less than 3 years ago, we feel that you have a valid and just claim for compensation. Your employer has failed to uphold their duties in terms of providing the appropriate manual handling refresher training and this is something our Solicitors will be keen to address with the employer.

    Reply

    Hi, Myself, wife and daughter travelled on public bus on 17th Apr in Bournemouth and as the bus stopped at bus stop we got up from our seats and walking down the stairs of double decker bus. I reached bottom of stairs, my wife was standing 2 stairs behind me and my daughter was at top stair. The driver suddenly moved the bus and my daughter fell upside down to where i was standing (to the bottom of stairs) and wife also fell. My wife complained of some pain in her forearm and daughter complained for knee pain for couple of days and her favourite mobile screen got damaged badly. Apart from this now she faces psychological fear of stepping into the bus and every time i have to convince her saying nothing is going to happen. I did raise this to customer support and they came back asking how we they can assist further in this matter.

    I wanted to understand does my case qualify for claim and how to proceed further?

    Ian Morris

    If the bus had stopped at the bus stop, you were within your rights to stand to begin making your way to get off the bus. As such, it may be possible to pursue a claim against the bus company. However, we don’t yet know why the bus moved again and whether it was because the bus hadn’t quite reached the bus stop when you first stood up. Clearly, the bus company will have to explain their drivers actions should any claim be presented.

    As the accident details have been reported to the bus company further to your contact with the bus company, it is certainly viable to further investigate a potential claim for compensation. If you have not already done so, we would advise that your Daughter’s physical and emotional injuries are noted by a Doctor in order that appropriate medical evidence will be available later on should a claim be pursued.

    If you would like to further discuss a potential No Win No Fee claim on behalf of your daughter, please use the ‘start your claim‘ page of our website to make further contact and we’ll gladly advise you as to your options and explain how our specialist Solicitors may be able to assist you.

    Reply

    My manager created a toxic work environment, me and a team of 3 have flagged to HR before. It cause me to depression and anxiety, loss of weight and I have now been signed off by my GP for stress. HR has put senior management in place to supervise the offending manager but this has not solved the problem.
    I am also being forced out with a obviously biased performance review by the same manager, but cannot claim constructive dismissal because I’ve been with the company for 16 months only. Senior management has taken their side, and even though HR privately admits it’s been an unfair treatment, they are taking a neutral stance.
    It’s unlikely that they will move the manager anytime soon, I just want to negotiate a dignified way out. What are my options?

    Ian Morris

    We have specialist Solicitors that can consider this for you and advise you. It maybe that you can pursue a personal injury claim for stress at work compensation.

    Reply

    I worked as bank staff on an NHS Ward. One night (about 6 months ago) I was moved wards and a patient who was agitated with possible dementia hit me in the chest with a chair causing a sternum injury. I had to go home and 12 hours later ended up in A&E with severe pain/breathing problems. As far as I’m aware, no one put anything in the accident book. No measures were in place to risk assess this gentleman, even though I requested several times to call security. I was told it wasn’t necessary as everything was under control. Unfortunately I haven’t been able to return to work as I’ve now been diagnosed with cardiac problems (not necessarily as a result of this injury) but my question is – would I be eligible to apply for compensation under these circumstances? Thank you

    Ian Morris

    We feel that you have a valid right to pursue a potential claim against the NHS for the injuries sustained. It would seem that you had provided warnings to the employer as to the risks posed by the individual in question and their failure to act upon those warnings or indeed undertake a risk assessment is of interest and may well be seen as employer negligence.

    Our No Win No Fee service affords you the opportunity to at least investigate your rights without having to worry about facing any cost liability should you not succeed and given the initial description of the incident, there is certainly a potential to succeed with a claim.

    Reply

    I work in an educational establishment. I had to break up a physical fight to stop injury to both students. In the process, my ring finger has been broken and I require surgery to reattach a tendon. Although I will be paid my full salary, do I have a case for claiming personal injury compensation?

    Ian Morris

    Has your employer ever provided any guidance or training to staff members in terms of how to deal with fights and physical altercations?

    Reply

    Hi, I recently had a fall at work due to a mopped floor without wet floor signs visible, have injured my knee which has caused me a short time off work with an old injury reoccurring due to this, had filled in a datix at the time also, would this have a claim?

    Ian Morris

    You have a valid claim for slipping accident compensation that we can help you with on a No Win No Fee basis. Please call us on 01225430285 or use the ‘start your claim for compensation‘ page of our site to start the process of making a claim.

    Reply

    I work as a support worker, my employer had moved a new resident in to a flat but had not undertaken their own risk assessment before allowing her to move in and the Care Plan said that she could get into bed on her own. It turned out that her legs were fused and she had to have her legs lifted from the floor and turned onto a bed that was too low so you had to bend, lift and twist, she could not assist in anyway. This was made known to my employer on day 1 but still on day 9 no OT assessment had been done (just requested), on day 9 I hurt my back (pulled muscle due to no lifting equipment or hospital bed) and had to take time off work with just SSP as I’m a Bank worker.

    Ian Morris

    Our view is that you have a valid claim against your employer on the grounds of employer negligence. It would seem that you had raised concerns immediately and given the employer ample opportunity to avoid the risk of injury. As the employer failed to act on your concerns and you then sustained injury, you may well succeed with a claim for personal injury compensation. See our support worker claims article for more info.

    Reply
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