Are you thinking of starting an accident at work claim? Did you slip or trip and suffer injuries from an accident in the workplace? Could it have been avoided? We explain how to start a claim, we answer questions like:
- Am I owed a duty of care at work?
- Was it breached?
- Did it result in my injuries?
- How much can I realistically receive in damages?
We talk about the evidence you will need to support your claim and how a No Win No Fee solicitor could benefit you. We look to cover three main areas where a duty of care should be applied;
- Accidents in the workplace (employers liability)
- Accidents in public places (public liability)
- Road traffic accidents (The Highway Code)
In addition to explaining how the law supports our safety in these areas, we provide links to relevant sites and statistics that could help you. To conclude, we explain what makes a personal injury solicitor best suited for you and your case.
You can call us at any point throughout this article on 0800 408 7825. Our team is available 24/7 to offer free, no-obligation legal advice about your accident at work claim.
Select a Section
- A Guide To Claiming Compensation For An Accident At Work
- What Is An Accident At Work?
- Statistics For Workplace Accidents
- Top 5 Accident At Work Injury Claims
- Employer’s Duty Of Care
- How Can A Victim Suffer From An Accident At Work?
- Workplace Accident Injury Claim Compensation Calculator
- What Is A No Win No Fee Agreement?
- Finding A Suitable Solicitor For You
- Discuss Your Case With Us
- Essential References
Hiring a personal injury solicitor to sue your employer can seem daunting. You might be concerned about the following:
- Will it cost me a lot?
- Does it take a long time to settle a claim?
- Can I lose my job?
- Will I have to pay if I lose?
- What evidence will I need?
A No Win No Fee lawyer can answer all these questions for you. However, it is also important to state that a solicitor is not a requirement for any personal injury case. When making a compensation claim you may be awarded two heads of loss. General damages and specials damage; we will explain further about these later on in this online guide.
The Health And Safety At Work etc Act 1974 applies a duty of care so that employers provide a working environment that is as safe as reasonably possible. To achieve this employers may;
- Provide onsite maintenance and safety procedures
- Train you and everyone properly
- Supply detailed and easily accessible safety information.
- Explain how to report accidents using RIDDOR
Once you have decided that your injuries could have been avoidable had your employer fully provided the duty of care, you may be eligible to start an accident at work claim.
What actually defines an accident at work? We all try our best to go about our day as safely as possible and should take care in all environments. Accidents can happen all the time, across the board. However, not all of them will mean an employer is liable. Some accidents that could potentially happen in the workplace;
- Slip on wet floors or spillages
- Trip on unstored cables or obstructions
- Suffer impact from heavy or falling objects
- Fall from any height
- Fall in poorly lit areas
- Be the victim of workplace violence
Cuts, tissue damage, bone fractures, head injuries, and burns are all potential workplace injuries. Shock and trauma in the workplace are also considered an injury. It’s important to report your accident properly if applicable using this RIDDOR link and it can also support your claim for compensation.
If any of these scenarios happened to you because of the negligence of others, contact our team today to discuss your options. There may be other types of accident which caused injury to you in addition to those listed above. You can call our team to discuss any doubts about your defining your claim.
How often do accidents like these happen? The government produces statistics that show the prevalence and type of accidents reported in the workplace every year. You can read them in detail here, but a few to note briefly:
- 693,000 people sustained an injury at work during 2019/20
- 1.6 million people suffered from a work-related illness
- 111 people were killed at work during this period
- £16.2 billion annual costs of workplace injury in 2018/19
To hold a valid claim, it must be proven that your injury could have been avoided had the right policies and procedures been in place.
Nobody wants to sue their employer. If your injuries have left you with no other choice, a No Win No Fee lawyer could help you do this quickly and at no upfront costs to you. Please speak to our team of advisors for advice.
Many people tend to disregard or minimise their injuries from an accident. They may think it was their fault or that they were to blame for not paying closer attention and for this reason, they don’t pursue a claim.
However, if you are sure you were not at fault, it’s useful to be able to describe the accident fully to your solicitor to give them the best chance of presenting your case successfully. Every detail could have a bearing on the final settlement outcome.
Slip And Fall Accidents
The government gives advice on preventing workplace slips and falls as much as possible in this link. Obstructions in walkways and uneven surfaces account for a majority of hazards as well as incidents resulting from housekeeping issues such as mopping and cleaning floors.
Clearly, correct footwear is important, but if you were thrown badly because of a wet surface that was not clearly marked or cordoned off, and shattered a bone or cut yourself, you could potentially launch a claim for negligence.
Manual Handling And Heavy Lifting
Warehouse and supermarket employees should be provided with the correct training and tools to lift heavy items. It can be all too easy to damage your back or neck by trying to move heavy objects. Likewise, being expected to move heavy objects without correct breaks and rest periods can cause injuries you may not notice until afterward. For more details about back pain, please use this link.
A medical assessment always forms a crucial part of launching a negligence claim and your No Win No Fee lawyer will advise how to set this up. If you suffered back injuries lifting something heavy at work, this link gives advice on how to avoid hazardous manual handling with better weight assessment tips and making the best use of handling aids. Your medical assessment can advise about prognosis and long-term damage.
Struck By A Moving Object
Factories and warehouses can be very hazardous places. If the storage and stacking of goods are not properly guided, objects can fall and harm you badly. Likewise, moving machinery and transportation vehicles should be operated with a duty of care that almost combines a version of the Highway Code. Full attention and diligence are essential when driving a vehicle full of heavy objects. Other hazard examples are:
- Falling sharp objects
- Frozen foods and heavy produce
- Boxes of tinned cans
- Hot or cooked produce
Which can all cause serious injury if they drop from a height or crush you during the course of your workday duties. Cuts, tissue damage, blood loss, and fractures may result.
If you were harmed by something falling or moving, speak to our team for advice. You could have grounds to make out a negligence case against your employer and win damages to pay for any medical costs you may suddenly need.
This type of injury may be far less common than the others think but it’s important to describe scenarios during which you may suffer injury because of violence in the workplace, for example:
- Intoxicated customers in pubs and clubs
- Angry or desperate customers in betting shops
- Customer services front line interaction
- Face to face dialogue about money or rights
- Attacks from other colleagues
Your job may not involve interacting with other people in this way. If it does, and you were physically or mentally harmed by another person, your employer has a responsibility to protect your safety as much as is reasonably possible.
Falls From Height
Anywhere that is accessible to you as an employee should be as safe as is reasonably possible, therefore:
- All stairs and landings should be clear and free of obstruction
- All areas should be properly lit
- Any part of the building undergoing construction should be clearly marked off or supervised
- Access to roofs or heights should be restricted
- Workers should always be accompanied at heights
As a general guide, any height that is three times your personal height has the potential to be fatal. Please refer to this link for more information about what your employer should be doing to help you work safely at heights.
The Health And Safety At Work etc Act 1974 gives clear guidance on all the aspects of your employer’s duty of care to you in the workplace. If your accident happened in a place open to the public or a place privately operated, The Occupiers’ Liability Act 1957 seeks to provide the same legal coverage to you.
A small incident such as slipping on a wet floor that was not marked off could be all it takes to slip and shatter a bone, leading to months of rehabilitation, surgery, and possibly permanent damage. You could miss work as a result and start to suffer financially.
Once you have decided that your accident should not have happened, how could a No Win No Fee lawyer help you recover quickly and repair your finances?
Your solicitor will request that you have a medical assessment. This is a chance to have a medical professional confirm that your injuries were directly caused by the accident that day and can rule out previous medical conditions that could negate your claim.
Many No Win No Fee websites promise ‘on-the-spot’ compensation amounts using online calculators. There are some problems with this, such as:
- They can miss vital evidence about your case
- Often they can over or undervalue the amount you might get
- Compensation calculator does not take into account any financial losses.
When you discuss your accident at work claim directly with a No Win No Fee solicitor, if you decide to use one, they can listen to every aspect of your case ensuring you are compensated fully. Our table below has used figures produced by the Judicial College. They provide guideline bracket amounts for certain injuries.
The JCG are suggested awards to give compensation for the pain and suffering caused by your injuries. The guide covers a whole range of physical and psychological injury types and based on the evidence of your medical assessment, gives your solicitor a way to value your injury.
|Injury and Severity
|Head/Brain injury - very severe
|This award applies to severe sensory impairment and the requirement for constant care
|£264,650 - £379,100
|Knee injury - severe
|Broken joint, gross ligament damage, lengthy treatment with considerable loss of function and ongoing pain
|£65,440 - £90,290
|Leg injury - moderate
|Complicated fractures and severe crushing. Degenerative changes and imperfect repair issues. The award takes into account loss of ability to work or enjoy life as before
|£26,050 - £36,790
|Hand/wrist - moderate
|Penetrating wounds or crush injuries, tissue damage and lacerations. This award is appropriate where surgery has failed and permanent damages remain
|£5,260 - £12,460
|Foot injuries - severe
|Fractures with restricted mobility and permanent pain could be appropriate for this award. Also degloving and ulceration issues
|£39,390 - £65,710
|Hip injuries - moderate
|Where fractures may necessitate hip replacement and future, ongoing symptoms
|£11,820 - £24,950
|Elbow - severe
|Impaired function and severe disabling injury, loss of mobility, the need for surgery
|£36,770 - £51,460
|Back injury - severe
|Damage to the spinal cord, severe pain and possible paralysis
|£85,470 - £151,070
|CRPS (Complex Regional Pain Syndrome)
|Greatly reduced ability to work, significant domestic care and psychological issues
|£49,270 - £78,840
|Injuries to any part of the body but award is based on recovery time
|Injuries of short duration with a complete recovery. There may be significant pain but eventually recovered
|£1,290 - £2,300
|Dermatitis with psychological impact
|Effects that last for years and cause emotional/psychological issues
|£12,900 - £18,020
|Anywhere on the body
|Serious laceration scars
|£7,350 - £21,330
|Back injury - moderate
|This is a wide bracket but symptoms are generally compression or crush in lumbar causing constant pain and discomfort and increased risk of osteoarthritis
|£26,050 - £36,390
Special Damages For Your Accident At Work Claim
The second head of loss is called special damages. They seek to repair the negative impact that has been done to your finances as a result of your no-fault injuries. Any out-of-pocket expense that you have incurred as a consequence could be included:
- Lost earnings from missed work
- Any opportunities you had to forego to earn in the future
- Travel expenses to hospital or therapy appointments
- Care costs for anyone who has to help look after you
- Damage to personal items during the accident, mobile phone, spectacles, etc
- Counselling for trauma or emotional suffering
- Lost deposits or cancelled plans
Accurate records of costs are key here. Record your out-of-pocket expenses with a view to including them as part of your damages.
When you speak to our team they can assess your eligibility and help you move your accident at work claim forward. This may give you a chance of winning all of these expenses back as damages from the defendant, in this case, your employer.
No Win No Fee Agreements or Condition Fee Agreements CFAs are a way for those who do not have immediate funds to hire a solicitor if they want to, to act on their behalf. There are many other benefits such as:
- With No Win No Fee arrangements there are no fees to pay upfront to hire your solicitors
- There are no fees to pay your solicitor while your case is ongoing
- If your case does not win, there are no fees to pay the law firm
- If your claim is successful, you only have to pay a percentage to your solicitor
- Its capped by law to keep it as fair to you as possible
- This fee is only payable after you have received the payout
- You receive expert legal advice and support through the duration of your case
There may be other aspects of No Win No Fee solicitors that suit your personal circumstances. Call today to see how we can help.
Most people have never needed to hire a solicitor before, much less sued their employer for negligence. It’s easy to imagine that the process is expensive and long drawn out. This is not necessarily the case.
If you decide that you want a solicitor to represent you it’s important to ask some questions in your search such as:
- Does this firm have experience with accident at work claims?
- Will they value my compensation accurately and thoroughly?
- How quickly can they settle my claim?
- How good is the client communication?
These points are important and can really help to refine your search. Alternatively, we can help. Our panel of solicitors handle cases across the country remotely and could do the same for you.
When you speak to our team we can assess your eligibility and help you make contact with some expert personal injury solicitors, giving you the opportunity to win maximum damages for your case.
Thank you for reading this article and we hope it has helped in your decision to launch a personal injury claim against your employer for negligence. If you’re ready to proceed, or would just like further information on any of the topics discussed, you can:
Our friendly team is available 24/7 to answer your questions and discuss your case.
You can click on any of the highlighted text throughout this article to access more information. The links below also provide further reading:
More information about accidents in the workplace, please click here
For more details about back and neck injuries, please read here
Further information about safe working practices, please read here
Guide by FR
Published by SL