This guide forms part of our series on serious injury claims. We will discuss when you could be eligible to make a serious injury claim after an accident at work. You will also find information on the employer’s duty of care to their employees and how a failure to uphold this duty could result in serious injuries.
We have also included information on how the value of injuries may be calculated and the settlement that could be awarded following a successful claim.
The final section of this guide consists of an overview of the type of No Win No Fee agreement our solicitors can offer and the advantages of pursuing your accident at work claim under these terms.
Talk to our advisors to enquire about any of the information in this guide or to potentially start a claim. Our team can assess your particular circumstance and potentially connect you with a solicitor from our panel if you have a valid claim:
- Call our team of advisors on 0333 000 0729.
- Fill in our “contact us” form online.
- See our live chat function at the bottom of the page.
Serious Injury Claim After An Accident At Work – How To Seek Compensation
Select A Section
- When Could You Make A Serious Injury Claim After An Accident At Work?
- Types Of Serious Injury At Work
- Essential Evidence To Prove A Serious Injury Claim Against Your Employer
- Examples Of Serious Work Accident Claim Payouts
- Start Your No Win No Fee Serious Injury Claim After An Accident At Work
- Serious Injury Claim Resources
When Could You Make A Serious Injury Claim After An Accident At Work?
There is a duty of care placed on employers by the Health and Safety at Work etc. Act 1974 to take reasonable steps to ensure their employees are safe during work. How this duty may be upheld will vary depending on the nature of the work being carried out. Nevertheless, we have provided some possible examples here:
- Providing employees with the correct and necessary personal protective equipment free of charge.
- Ensuring maintenance checks on equipment and the premises are conducted regularly, and any repairs are carried out promptly.
- Training employees in the safe use of work equipment.
- Ensuring walkways are free from obstructions and other hazards.
An employer’s failure to ensure the safety of their workforce could lead to serious accidents. You could be eligible to start a serious injury claim after an accident at work if you can meet the following eligibility criteria:
- You were owed a duty of care by your employer at the time of the accident.
- Your employer breached the duty they owed to you.
- This breach caused you to become seriously injured.
Time Limits For Workplace Serious Injury Claims
Most personal injury claims are subject to the 3-year limit set out in the Limitation Act 1980. There are some circumstances where exceptions apply, and an extension could be granted.
For example, if the injured person was under 18 at the time of the accident, the time limit is counted from their 18th birthday. Injured persons of reduced mental capacity have their time limitation period frozen indefinitely. For injured persons who recover their capacity, the 3 years are counted from the date of recovery. A suitable adult can apply to act as a litigation friend in both of these scenarios and act on the injured person’s behalf, starting the claims process sooner.
For guidance on the personal injury claims time limit and to find out if any exceptions apply to your specific case, please talk to our advisors. You can contact our team using the contact details above.
Types Of Serious Injury At Work
Several different accidents could occur at work. Below we have provided a few example scenarios of how an employer failing to uphold their duty of care can result in workplace accidents and serious injuries.
- Employees who had received no workplace training overloaded a warehouse crane. The crane collapsed, and a heavy object landed on an employee crushing their lower vertebrae and causing a serious paralysis injury.
- Maintenance checks had not been carried out on a piece of machinery. An employee who was instructed to use the machine regardless suffered a serious burn injury when the machine failed.
- An employer had provided their workforce with inadequate protective equipment. This resulted in an employee sustaining a serious crush injury to their foot after a heavy object was accidentally dropped.
Essential Evidence To Prove A Serious Injury Claim Against Your Employer
The evidence you collect can help support your serious injury claim after an accident at work. Possible evidence includes:
- Reports made in the workplace accident book: Companies with 10 or more employees are legally required to keep an accident book. You can use the report made for your accident as evidence for your claim.
- Witness contact information: Potential witnesses can provide alternate accounts of how accidents occurred. Collect their contact information so they can give their statements during the claims process.
- Workplace CCTV footage: You have the right to request copies of CCTV footage you are in. This can be very useful in showing how an accident took place.
- Photographs: Take photographs to show the immediate scene of the accident and what caused it, as well as your injuries.
- Documentation proving your monetary losses: This can include your payslips to show any loss of earnings, or invoices for domestic care.
A solicitor can assist with the process of gathering evidence and building your case. If you are interested in seeking legal representation, contact an advisor on the number above. They could assign a solicitor from our panel to begin working on your claim, provided it meets the eligibility criteria mentioned above.
Examples Of Serious Work Accident Claim Payouts
Following the success of your serious injury claim after an accident at work, you will receive a serious injury compensation settlement. This can comprise up to two different heads of claim. The first, general damages, are awarded for the physical and psychological impacts of your injuries.
We have taken a few examples of the guideline award brackets from the Judicial College Guidelines (JCG) to create the compensation table below. A solicitor can use the JCG figures in conjunction with your provided medical evidence in order to work out the potential value of your injuries.
It is important to note that the amounts in the JCG are guidelines, not guaranteed payouts. Personal injury claims are assessed on the facts of each individual case, and therefore, this table is for guidance only.
Compensation Table
| Injury | Severity | Notes | Amount |
|---|---|---|---|
| Multiple Injuries | Serious | Multiple serious injuries alongside financial losses. | Up to £1,000,000 and above. |
| Paralysis | Quadriplegia | Paralysis from the neck down. Cases where the injured person has a life expectancy of 25 or more years, full awareness and no sensory impairment will attract a mid level award in this bracket. | £324,600 to £403,990 |
| Paralysis | Paraplegia | Paralysis from the waist down. Award will depend on factors such as the level of pain, psychological impacts and the degree of independence. | £219,070 to £284,260 |
| Scarring | Burns covering 40% or more of the body | Awards for significant burns will depend upon their cosmetic impact, the injured person's psychological reaction, the need for and extent of surgery and the percentage body area affected. | Likely to exceed £104,830 |
| Foot Injuries | Amputation of both feet (a) | Loss of both feet. Treated similarly to below-knee amputation both legs due to common loss of ankle joint. | £169,400 to £201,490 |
| Foot Injuries | Amputation of one foot (b) | Loss of one foot. Treated similarly to below-knee amputation of one leg due to common loss of ankle joint. | £83,960 to £109,650 |
| Neck Injury | Severe (a)(ii) | Cases where there has been serious fractures or disc damage in the cervical spine. There will be serious disabilities such as loss of limb function and paralysis. | £65,740 to £130,930 |
| Chest Injury | Total removal of one lung and/or serious heart damage (a) | Permanent significant scarring and prolonged pain and suffering. | £100,670 to £150,110 |
| Chest Injury | Traumatic injury (b) | Injuries to the heart, chest or lungs resulting in damage of a permanent nature, physical disability, functional impairment and reduction in life expectancy. | £65,740 to £100,670 |
| Special Damages | Loss of Earnings | Loss of income due to time taken off work to recover from injuries, either temporarily or permanently, can be reimbursed through compensation awarded under special damages. | Up to £100,000 and above |
Special Damages
Special damages, the other of the two heads of claim, can be awarded for the monetary losses you experience due to your injuries. Below we have detailed some possible examples of costs you could be compensated for:
- Out-of-pocket medical expenses.
- Any past or future loss of earnings.
- The cost of adaptations to your home.
- Costs of travel to and from work.
- The cost of domestic care and support.
Remember, claiming back costs under special damages requires evidence. Retain any documents, such as tickets for travel, invoices and receipts, as proof you incurred financial losses because of your injuries.
For more information regarding the potential value of your particular claim, you should contact our advisors to get an assessment.
Start Your No Win No Fee Serious Injury Claim After An Accident At Work
To start your serious injury claim after an accident at work, speak to our advisors for an assessment. A solicitor from our panel could then take up your case if our advisors decide you have valid grounds to proceed.
Our panel of solicitors can offer a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). A CFA has notable advantages for claimants. First of all, there are no upfront or ongoing fees for the solicitor’s services during the claims process. There are likewise no fees to pay for their work if the claim fails.
Following a successful claim, you will be awarded a compensation payout. The solicitor will take a percentage of this compensation as their success fee. By law, the percentage that can be charged as a success fee is capped; therefore, the majority of the awarded compensation will go to you.
Talk to our advisors to enquire about any of the information in this guide or to potentially start a claim. Our team can assess your particular circumstances and connect you with a solicitor from our panel if you have a valid claim. To get in touch, you can:
- Call our team of advisors on 0333 000 0729.
- Fill in our “contact us” form online.
- See our live chat function at the bottom of the page.
Serious Injury Claim Resources
See some of our other serious injury claims guides:
- Read more about making a claim following a serious spine injury.
- Learn when you could be eligible to make a serious injury claim for blindness.
- Find out when you could start a serious injury claim for severe PTSD.
Other helpful resources:
- Health and Safety Executive (HSE) – Reportable Incidents.
- NHS – Treatment for burns and scalds.
- GOV – Statutory sick pay.
We appreciate you taking the time to read our guide on who could be eligible to make a serious injury claim after an accident at work. Whether you have questions about making a claim or would like to get an assessment of your particular circumstances, our advisors are on hand to help. Reach our team using the contact information above.
Written by HC
Edited by MMI
