By Danielle Graves. Last Updated 28th November 2023. If you’ve suffered a work-related injury, who pays your compensation if you decide to make a personal injury claim can be an important consideration.
In short, your employer’s insurance company pays out compensation, meaning there is little financial impact on the company.
In this guide, we explore the accident at work claims process and how compensation is awarded in comprehensive detail. We also look at how workplace accidents and injuries can happen and provide key information on our claims service.
If you’d like to check to see if you can claim for a work related injury, you can reach out to us for free today.
Just call 0333 000 0729, message us on our 24/7 Live Chat or write to us through our contact form.
A guide to work-related injury claims
Jump To A Section
- Can I Claim Compensation For A Work Related Injury?
- What Is A Work Related Injury?
- If I Suffer A Work Related Injury Who Pays My Compensation?
- What If My Employer Does Not Have Insurance?
- Are Any Employers Exempt From Having Insurance?
- What Are My Rights If I Suffer A Work Related Injury?
- Compensation Payouts For Work Related Injuries
- Who Pays Sick Pay And Other Costs After A Work Related Injury?
- No Win No Fee Damages Claims For Work-Related Injuries
- Make A Work Related Injury Claim
- Useful Links On Work Related Injuries And Who Pays Compensation
Can I Claim Compensation For A Work-Related Injury?
The Health and Safety at Work etc. Act 1974 (HASAWA) places a legal obligation on employers to take all reasonable and practicable measures to ensure the health, safety and welfare of their staff while they are working. This legal obligation is what is known as a ‘duty of care’. Should your employer breach this and you suffer an injury as a result, you might be eligible to claim compensation.
However, if you would like to claim for your work-related injury, you must be able to satisfy the eligibility requirements. For personal injury claims, these are:
- You were owed a duty of care.
- A breach in this duty occurred.
- You suffered injuries because of this breach.
Additionally, you must launch your accident at work claim within the personal injury claims time limit. Generally, this is three years from the date of the accident as set out in the Limitation Act 1980. It also sets out the exceptions to this time limit.
To learn what these exceptions are, or for further advice on work related injury, who pays and eligibility, contact one of the advisors from our team using the details above.
What Is A Work Related Injury?
Work-related injuries are any physical or psychological harm that an employee suffers after a workplace accident. This covers a wide range of injuries, and they could be at any level of severity.
Such injuries can subsequently cause you to take time off work. In addition, there may be other consequences such as a loss of independence, a lengthy recovery period and possible medical treatment.
The Health and Safety Executive (HSE) offers statistics on workplace injuries show a slight decline between 2017 and 2020, as reflected in the graph below. However, the decline in 2019/2020 should be considered with the pandemic (where many were working from home) taken into account.
A workplace accident can be caused by:
- Slips, trips and falls caused by hazardous floors (such as those with spillages that haven’t been attended to)
- A lack of necessary Personal Protective Equipment (PPE)
- Asking you to use faulty machinery that they know might not be safe.
- Not training you properly in how to use certain tools though the use of them is required in your role.
- Asking you to work in a hazardous environment but not providing you with the necessary, appropriate PPE.
Injuries in the workplace might include:
- Broken bones
- Lacerations
- Head injuries
These are just some of the injuries that could stem from an accident at work, so don’t worry if your own injuries aren’t listed. Personal injury claims can be made for all manner of injuries so simply reach out to speak with us for further advice.
If I Suffer A Work Related Injury Who Pays My Compensation?
If you suffer a work related injury, who pays your compensation is a key consideration for many employees. Some people do not feel comfortable claiming against their employer, especially if they feel that this will have an impact on the business and their colleagues.
However, it’s a legal requirement for businesses to have Employers’ Liability (EL) insurance. The Employers’ Liability (Compulsory Insurance) Act 1969 outlines this.
The insurance policy must cover them for at least £5 million and an authorised insurer must provide it. This is to ensure that if you suffer an injury in an accident at work, you have the confidence to pursue compensation and to receive the full amount you’re entitled to.
Therefore, if you make a successful claim against your employer, the compensation will come from their insurer rather than the company itself.
Below, we look at the types of things you can claim for, such as statutory sick pay.
What If My Employer Does Not Have Insurance?
We’ve established that the employer’s insurers would cover the compensation payment should a claim be successful. However, though they’re supposed to, it’s not always the case that employers have an insurance policy in the first place.
From your vantage point, though, the situation doesn’t change too drastically. You could still file your claim against your employer for compensation for an injury. The situation would change for the employer, though.
Without liability insurance in place, they may have to pay for their own legal representation. Furthermore, if they lose the case, the employer pays compensation for the work-related injury.
Therefore, it’s in the employer’s best interests to have liability insurance. Otherwise, the long-term cost of just one claim might be very significant.
Please call us using the number at the top of this page to ask any questions or if you’d like to seek compensation today.
Are Any Employers Exempt From Having Insurance?
There are some situations where an employer doesn’t require liability insurance. One of these is for a company that doesn’t have any employees. This could be, for example, a sole trader without any employees.
Because there are no employees, there’s no need to get insurance to cover any injuries to staff.
The other situation that might allow a company to be exempt from requiring insurance is one that only hires close family members.
Call our advisors if you want to know more about exemptions for liability insurance.
What Are My Rights If I Suffer A Work Related Injury?
There are numerous rights that you would have if you suffered an injury in a workplace accident. The first of these would be to receive appropriate medical treatment.
Medical Treatment
Under The Health and Safety (First-Aid) Regulations 1981, employers need to supply appropriate equipment and have the necessary facilities so that employees can get immediate help if they’re injured or ill at work. There should also be staff who’re trained to give first aid.
Accident Log Book
Your employer should have an accident log book. Make sure that your injury and accident are recorded clearly and correctly with dates and times.
Sick Pay
Another right would be to receive Statutory Sick Pay (SSP) if you qualify for it. Many employers offer contractual sick pay which can be used instead of SSP. If unsure whether or not you’re entitled to this, check your employment contract. You could also get advice from us and our panel of personal injury solicitors by calling for free, or by speaking with your trade union if you’re a member of one.
Recovery Time
If you’re unable to work due to your injuries, you should spend time recovering. Getting a doctor’s note can help your employer understand how much time you’ll need to take off work.
Return To Work: Light Duties
If you’re able to return to work but can’t perform the same duties as you did previously, your employer should see if they can accommodate your needs.
Make A Compensation Claim
Your employer isn’t able to give you a dismissal or disciplinary or treat you in an unfair way if you make an honest claim against them. If they do, you should seek legal advice.
Compensation Payouts For Work Related Injuries
When considering how much compensation is attainable, there’s no specific amount for any one injury. That’s because every case is different. Also, consider the varying impact injuries have on the claimant’s life, both short-term and long-term.
That’s not including the severity of the injury and whether it could bring about permanent damage. Therefore, the payout that you may receive would depend on the circumstances of your case.
Compensation for the physical and psychological suffering you endure due to an injury that wasn’t your fault is called general damages.
The table below offers several estimates of potential compensation payouts for various injuries you could suffer at work. These fall under general damages.
The figures come from the Judicial College, though they are only estimates rather than guarantees of what you might get. The Judicial College provides guidelines that list a range of injuries and their severities alongside potential compensation amounts. Legal professionals use these guidelines to help them when valuing claims.
| Injury Type | Severity | Notes | Potential Compensation |
|---|---|---|---|
| Multiple Serious Injuries and Special Damages | Very Serious | A settlement may include compensation for multiple injuries of a severe nature plus any expenses, such as loss of earnings, mobility aids and carer costs. | Up to £1,000,000 |
| Brain Damage | Very Severe | The injured party requires full-time nursing care due to having little to no meaningful environmental responses or language function. They are also doubly incontinent. | £282,010 to £403,990 |
| Brain Damage | Moderate (iii) | In these cases, the claimant experiences problems with their concentration and memory with a reduced ability to work and small epilepsy risk. If there's any dependence on others, it is very limited. | £43,060 to £90,720 |
| Back Injury | Severe (i) | Damage to the spinal cord and the nerve roots cause the injured party to suffer very serious consequences, such as severe pain and disability and incomplete paralysis. | £91,090 to £160,980 |
| Back Injury | Moderate (ii) | This bracket covers many frequently encountered back injuries with the award considering severity, pain, treatment required, the impact the symptoms have on daily functioning and recreational life as well as the prognosis. | £12,510 to £27,760 |
| Neck Injury | Severe (i) | The claimant suffers with incomplete paraplegia or permanent spastic quadriparesis due to the neck injury. | In the region of £148,330 |
| Amputation of Arm(s) | Loss of One Arm (i) | The claimant's arm has been amputated at the shoulder. | Not less than £137,160 |
| Severe Leg Injuries | Most Serious | This bracket covers injuries that are so severe that damages are awarded at a similar level as amputations, such as extensive degloving, gross shortening or fractures that have not united and required extensive bone grafting. | £96,250 to £135,920 |
| Foot Injuries | Very Severe | Injuries found in this bracket must produce permanent severe pain or a really serious disability, such as the traumatic amputation of the forefoot with a significant risk of requiring a full amputation in the future. | £83,960 to £109,650 |
| Facial Disfigurement | Very Severe Scarring | In this bracket, the injured party is relatively young and suffers a severe psychological reaction to a very disfiguring cosmetic effect. | £29,780 to £97,330 |
After a work-related injury, your employer’s insurer pays general damages if you can prove that the injuries were your employer’s fault.
If you can’t see your injuries in the table above, why not get in touch? Our advisors give free estimates of what you could claim.
Who Pays Sick Pay And Other Costs After A Work Related Injury?
Special damages cover the financial losses that come about due to your injuries from the accident that wasn’t your fault.
An example of this would be the income you may lose while you’re off work recovering from the injuries. Some employers do not offer sick pay if you’re absent, so instead you may have to live off Statutory Sick Pay (SSP) while you recover.
As part of a work related injury claim, you can recover your lost earnings and bonuses.
You could also recover the costs of any medication that you receive to assist with your recovery.
Then there are travel costs as you go to and from hospital appointments. There could be costs of aftercare for serious injuries, such as hiring a nurse to help you while you’re on the mend. Each of these could fall under special damages.
In order to prove special damages, you could provide documents to show your losses. These could include
- Receipts
- Invoices
- Bank statements
Please get in touch if you want more insight into special damages in relation to workplace accident claims.
No Win No Fee Damages Claims For Work-Related Injuries
You may benefit from a No Win No Fee agreement if you use the services of our panel. This allows you to avoid upfront and ongoing solicitor fees as you pursue your quest for compensation.
What’s more, you don’t pay your personal injury solicitor their legal costs if the case loses.
Under No Win No Fee, your solicitor must win your case to receive payment for their time from you. This usually means that the solicitor would be confident you’d make a successful claim.
If you do win your case, you will pay a success fee to your solicitor. This is subtracted from the compensation after it comes through. The success fee has a legal cap for your benefit.
To find out more about working with a No Win No Fee solicitor, talk to us anytime.
Make A Work Related Injury Claim
We’ve now answered, “I’ve had a work-related injury, who pays compensation?” All that you need now is the opportunity to speak with one of our advisors.
It’s very easy to go about the process of initiating claims talks with us. There are three main ways to get in touch with us:
- Call 0333 000 0729 to ask our advisors anything
- Complete the online form for a callback
- Use our 24/7 Live Chat service for instant online answers
Remember that you don’t have an obligation to progress with a claim just by contacting us. The final decision on whether or not to go through with any legal action is yours.
Useful Links On Work Related Injuries And Who Pays Compensation
We hope we’ve answered the question “I’ve had a work-related injury, who pays my compensation?” If you need more information, though, these links should help you out.
- Claiming compensation for an accident at work
- Accidents at work caused by tiredness and fatigue
- Claim compensation for slipping at work and hurting your back
- How to make an NHS accident at work claim
- How to claim compensation for an accident at work during your probationary period
For more advice on claiming compensation for a work related injury and who pays compensation and costs, please get in touch.
