Have you sustained workplace injuries? Whether it was a slip, trip, or fall, defective equipment or lack of manual handling training that caused your injury, you may be able to make an accident at work claim.
In this guide, we will walk you through how to claim work injury compensation. We’ll examine the eligibility criteria to claim accident at work compensation. This is illustrated with examples of common workplace accidents. Additionally, we look at whether you could claim compensation for injuries sustained if self employed and explain how contributory negligence works.
All personal injury claims must be started within a set time limit and they require supporting evidence. We look at both of these before explaining how compensation could be awarded for a successful claim. To conclude, we explain how a No Win No Fee solicitor may be able to help with your case.
We know it can be difficult to understand the claim process. However Legal Helpline are here to help and answer any questions you may have. We devote our time to providing informative and useful information on compensation claims. In addition to this guide, Legal Helpline has many different ways of contacting us:
- Phone: 0333 000 0729
- Make your enquiry online and an advisor will call you.
- Ask a question in our live chat.
Browse Our Guide
- What Is An Accident At Work Claim?
- What Are The Most Common Workplace Accidents?
- Can I Claim If I Was Partly At Fault For My Workplace Injuries?
- Can I Claim If I’m Self-Employed?
- How Long Do I Have To Make A Workplace Accident Claim?
- What Evidence Can Help Me Claim For Workplace Injuries?
- How Much Work Injury Compensation Could I Receive?
- What Is A No Win No Fee Accident At Work Claim?
- Learn More About Workplace Accident Claims
What Is An Accident At Work Claim?
An accident at work claim is a personal injury claim that is made against your employer for injuries you suffered while carrying out your job duties. However, in order to make one, you must prove that you meet the personal injury claims eligibility criteria.
When at work your employer has a duty of care to you to take reasonable and practicable steps that you are safe. This is set out within the Health and Safety at Work etc. Act 1974 (HASAWA). It is when you sustain injuries because of your employer’s failure to adhere to this duty that you might become eligible to claim compensation. You must be able to prove employer negligence occurred; this is:
- Your employer owed you a duty of care.
- That duty of care has been breached by your employer.
- The breach of duty has resulted in an accident at work, causing your injuries.
Examples of employer negligence include:
- Failed to provide an employee with the correct training.
- Failure to carry out appropriate risk assessments.
- Failure to act on failed risk assessments.
- Insufficient records – No accident report books/logs.
- Defective equipment.
Call an advisor to discuss work accident claims. An advisor can also give your claim an eligibility check as part of a free consultation.
What Are The Most Common Workplace Accidents?
The Health and Safety Executive (HSE) monitor workplace health and safety in Great Britain. As part of this role, they collect statistics related to workplace accidents. In 2022/23, there were 60,645 non-fatal employee injuries as reported to the HSE under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). The most common reported workplace accidents were:
- Slips, trips or falls (32% of all accidents)
- Handling, lifting or carrying (17%)
- Stuck by a moving object (11%)
- Falls from a height (8%)
- Acts of violence (8%).
Can I Claim If I Was Partly At Fault For My Workplace Injuries?
The short answer is YES. This is when you will hear the words “contributory negligence”. The amount of compensation that you are awarded will be deducted by the amount of fault was yours. Eg: if the accident was 50% your fault then the court would only award 50% of the damages. This is set out in the Law Reform (Contributory Negligence) Act 1945.
Speak to an advisor to discuss making an accident at work claim if you were partly at fault for your injuries.
Can I Claim If I’m Self-Employed?
In a word, YES you can make an accident at work claim if you are self-employed and suffer injuries while carrying out work-related tasks in a workplace. You are owed the same duty of care as a regular employee if you are in a workplace and carrying out work-related duties. This includes if you are a visitor to a workplace where you are not employed, such as a subcontractor attending a workplace.
However, you are only eligible to claim if your injury was caused by the controller of the work premises breaching the duty of care they owe to you. For example, you cannot claim if you work from home and trip over a wire. In this case, it is your responsibility to ensure your safety.
Call an advisor to find out if you are eligible to claim for self-employed workplace injuries.
How Long Do I Have To Make A Workplace Accident Claim?
There is a 3 year time limit to start your personal injury claim. This time limit runs from the accident date and is set out within the Limitation Act 1980.
However, this is not the case in all scenarios. In some cases, the time limit is suspended. These include:
- Minors (under the age of 18). These parties have the time limit to start a claim paused until their 18th birthday. However, a litigation friend could manage the claim for them at any point during the pause.
- An adult who lacks the mental capacity to manage their own court case. In these cases, the time limit is suspended for as long as they are without this capacity. A litigation friend could be appointed to manage the claim at any point. However, if the injured person regains this mental capacity, then the time limit starts, giving them three years from that date to launch an accident at work claim.
Call an advisor to find out if you are within the limitation period to start a personal injury claim. If you are, they can help you get a claim for work injury compensation started today.
What Evidence Can Help Me Claim For Workplace Injuries?
As part of the personal injury claims process, you will need to prove liability for your workplace injury. Evidence that can help you in your accident at work claim could include:
- CCTV (request CCTV footage)
- Photographs of the location
- Photographs of the defect
- Photographs of the injury
- Witness statements
- Medical evidence (reports, records)
- Accident report books from employers
- Copies of Risk Assessments
- Training records
Legal Helpline can advise you on how to obtain all the evidence required. Give us a call today.
How Much Work Injury Compensation Could I Receive?
If your accident at work claim is successful, your settlement could consist of up to two heads of loss (or parts), known as general and special damages.
General damages are compensation for your pain and suffering as a result of the accident at work; whereas special damages could recover the financial impact of your injuries.
When valuing this first head of loss (general damages), those responsible for calculating claims may refer to the Judicial College Guidelines (JCG). The JCG provides guideline compensation figures for various types of injuries. In our table below, we provide a few of these figures along with an entry in the top row (not taken from the JCG) that shows you how compensation could be awarded for multiple injuries and special damages.
| Injury | Severity | Notes | Compensation Guidelines |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Severe | Settlements could include compensation for more than one serious injury and related costs including loss of earnings and nursing care. | Up to £1,000,000+ |
| Injuries Involving Paralysis | Quadriplegia/Tetraplegia | The injured party suffers with upper and lower body paralysis and has full awareness of this. | £396,140 to £493,000 |
| Leg Amputations | Loss of both legs | Amputation is above the knee or one leg has been lost above the knee at a high level and the other leg has been lost below the knee | £293,850 to £344,150 |
| Back Injury | Severe (i) | Involving damage to the spinal cord and nerve roots, leading to a combination of very serious consequences, such as incomplete paralysis and impairments to bowel and bladder function. | £111,150 to £196,450 |
| Back Injury | Moderate | Residual disability is of less severity than more severe cases. Examples include disc damage causing nerve root irritation and reduced mobility, constant pain and discomfort and prolapsed disc needing surgery. | £33,880 to £47,320 |
| Severe Leg Injuries | Most Serious Leg injuries Short of Amputation | Although the leg isn't amputated, the courts award damages at a similar level. Injuries include extensive degloving, gross shortening, or fractures that have not united and need extensive bone grafts. | £117,460 to £165,860. |
| Wrist Injuries | Loss of Function | The injuries have caused the complete loss of function in the wrist. | £58,710 to £73,050 |
| Arm Injuries | Less Severe | A substantial degree of recovery form significant disabilities has occurred or is expected. | £23,430 to £47,810 |
| Ankle | Moderate | Less serious disabilities, such as difficulty standing, walking for long periods or walking on uneven ground from fractures or ligamentous tears. | £16,770 to £32,450 |
| Toe Injuries | Severe | Severe crush injuries leading to amputations or partial amputations, bursting wounds and severe damage causing significant and continuing symptoms. | £16,770 to £25,710 |
Please note that the figures shown above are only guidelines, as each claim is unique.
If your claim is successful, you could also recover special damages, including costs associated with:
- Loss of earnings as a result of the accident at work (future, overtime, inability to work).
- Care and assistance if you have not been able to take care of yourself.
- Travel to and from medical appointments.
- Medicines and/or prescriptions.
We urge you to keep as many wage slips, receipts, tickets, bank statements and anything else that could prove your financial harm to support your claim when it comes to negotiations.
Can I Claim If My Workplace Injuries Are Permanent?
Yes you can claim if your injuries are permanent. If you suffer from permanent or long-term injuries, and make a successful claim, your settlement will reflect this. It can consider whether you’ll be able to work again in the same capacity, any long-term assistance you need, such as a nurse, and permanent adaptations to your home, amongst other items.
If you call an advisor, they can value your claim for free. This calculation can consider your general and special damages.
What Is A No Win No Fee Accident At Work Claim?
Anyone is free to start their own accident at work claim, if their case meets the criteria. However, we always recommend working with one of the experienced accident at work solicitors from our panel. Our panel can apply their years of knowledge and expertise to help ensure you receive the maximum compensation you deserve and make the claiming process run as smoothly as possible.
One of our key features is the type of No Win No Fee contract our panel offer. It is known as a Conditional Fee Agreement and comes with many advantages, including:
- No upfront costs for your solicitor’s services.
- You also won’t be asked to pay anything as the claim progresses.
- Additionally, should the claim be unsuccessful, it won’t cost you a penny.
- A small success fee becomes payable only if your claim wins. This is a percentage deducted from the compensation that has been awarded.
If you would like to learn more about claiming accident at work compensation, speak to an advisor from our team. Additionally, they can assess whether you have good grounds to start a personal injury claim and if you do, they could connect you to one of the No Win No Fee solicitors from our panel. To speak to a member of the advisory team:
- Call: 0333 000 0729
- Fill out our online enquiry form and an advisor will get back to you.
- Ask about accident at work claims in our live chat.
Learn More About Workplace Accident Claims
The following guides might be helpful:
- Guidance on how compensation could be awarded for an accident at work claim.
- Information about claiming for an office accident at work.
- Details and advice about inadequate training at work compensation claims.
Additional links from external websites that you might find useful:
- Guidance on health and safety law for self-employed people from the HSE.
- An overview of performing first aid from the NHS.
- Information about Statutory Sick Pay (SSP), including details about eligibility and the rate from the government.
Please direct any further queries about making an accident at work claim to one of our advisors.
