In this guide, we look at who could be eligible to claim for injuries caused by understaffing at work. We discuss the eligibility requirements that set out when there could be valid grounds to pursue personal injury compensation and the evidence you can gather to prove your case.
How Do You Claim For Injuries Caused By Understaffing At Work?
You will see information on the duty of care owed by employers to their workforce and how failures to maintain safe staffing levels could constitute a breach of this duty. We have also given some examples of accidents and injuries that could be caused by understaffing.
Furthermore, we discuss how personal injury compensation is calculated in accident at work claims.
Later in the guide, you will see a summary of the No Win No Fee agreement offered by our panel of solicitors and what benefits you can enjoy when starting your claim with us.
To ask any questions about claiming after an accident at work, or to get a cost-free zero-obligation assessment of your particular circumstances, speak to our advisors today. You can reach our team via:
- Phone on 0333 000 0729.
- Complete our “Contact Us” form online.
- Use the live chat button for a quick response to your questions.
Select A Section
- How Do You Claim For Injuries Caused By Understaffing At Work?
- What Injuries Could Be Caused By Understaffing At Work?
- How Can You Prove An Accident At Work Claim?
- What Could Your Claim For Injuries Caused By Understaffing At Work Be Worth?
- Start A No Win No Fee Accident At Work Claim
- Learn More About Getting Help With Claims For Injuries Caused By Understaffing At Work
How Do You Claim For Injuries Caused By Understaffing At Work?
Per the Health and Safety at Work etc. Act 1974, employers are required to take reasonable steps to ensure the safety of their employees while at work. The ways in which this duty is met can vary depending on the work being done. It can include, for example, making sure the work environment is free from trip hazards, and that employees have been given the necessary training to carry out their duties safely.
To begin a personal injury claim following injuries caused by understaffing at work, you will need to demonstrate the following:
- Your employer owed you a duty of care at the time of the accident.
- This duty was breached.
- As a result of this breach, an accident occurred in which you suffered injuries.
Time Limits
In most cases, personal injury claims are subject to a time limit of 3 years from the accident date. This was established in the Limitation Act 1980. In certain circumstances, exceptions may apply, and an extension may be granted.
To find out about the personal injury claims time limit, and if any exceptions apply to your particular circumstances, talk to our team. You can speak to an advisor via the contact information given above.
What Injuries Could Be Caused By Understaffing At Work?
Understaffing could prevent employees from carrying out work activities safely. Employees could have to work extra hours to make up for low staff numbers or take on a higher workload, increasing the likelihood of mistakes. Low staff numbers could also result in inadequate training at work, or maintenance checks going uncompleted.
Below we have included some scenarios where injuries caused by understaffing at work could occur following an accident.
- An employee who had received no manual handling training due to a lack of staffing was instructed to stock a warehouse shelf. The employee slipped and fell after attempting to lift a box that was well above the safe weight for their height, resulting in a back injury.
- A forklift driver was working overtime due to a lack of available drivers. The extended hours had resulted in substantial exhaustion, leading to a crash where the driver suffered a serious head injury.
- A machine that required two people to safely operate was manned by only one person. The employee suffered a serious arm injury when trying to operate the machine by themselves.
How Can You Prove An Accident At Work Claim?
Evidence will form a key part of your claim. Collecting a thorough body of evidence will not only demonstrate that your employer breached their duty of care but also highlight the injuries you sustained as a result of the breach. We have included some possible evidence you could collect here:
- After an accident, always seek medical treatment. This is not only important for your well-being, but medical documents, such as copies of MRI scans or other tests that were done, can be very useful in highlighting the extent of your injuries.
- Employers with 10 or more employees are required by law to keep a workplace accident book. You can acquire a copy of your incident report after filling this in after the accident.
- You can acquire a copy of CCTV footage showing the accident taking place if available.
- Take photographs of your injuries, the immediate scene of the accident, and its cause.
- Take down the contact information of any potential witnesses so they can provide a statement during the claims process.
Speak to our advisors today for further guidance on the evidence you could collect. A personal injury specialist from our panel of solicitors could provide support in the collection of evidence if you have a valid claim. To get an assessment of your specific circumstances, contact our team today via the contact details given above.
What Could Your Claim For Injuries Caused By Understaffing At Work Be Worth?
A successful personal injury claim for injuries caused by understaffing at work will see you awarded compensation. This can be comprised of two different heads of claim; these are called general and special damages.
General damages awards for the physical and psychiatric impacts of your injuries. To assist in the calculation of a potential value for your injuries, solicitors can refer to the Judicial College Guidelines (JCG) alongside any supporting medical evidence. The JCG is a document published by the Judicial College and details a broad array of injuries alongside guideline award brackets for each. You will find a number of these brackets in the table below.
Compensation Table
Please be advised that this table has been provided to act as guidance only.
| Injury | Severity | Guideline Bracket | Notes |
|---|---|---|---|
| Paralysis | Paraplegia (b) | £219,070 to £284,260 | Paralysis of the lower body. Awards within this bracket will depend on the level of pain, any psychiatric effects, age and life expectancy. |
| Epilepsy | Established Grand Mal (a) | £102,000 to £150,110 | Awards for epilepsy are dependent on, for example, the success of medication, the impact on work and social life and any behavioural problems. |
| Brain Damage | Moderate (c)(ii) | £90,720 to £150,110 | Moderate to modest intellectual deficit, greatly reduced ability to work and some epilepsy risk. |
| Chest Injury | Traumatic Injury (b) | £65,740 to £100,670 | Traumatic injury causing permanent damage or functional impairment to the lung(s), chest or heart. |
| Leg Injuries | Severe (b)(ii) | £54,830 to £87,890 | Injuries of a very serious nature causing permanent mobility issues such as multiple fractures that have taken years to heal. |
| Back Injuries | Severe (a)(iii) | £38,780 to £69,730 | Injuries such as disc lesions, fracture or soft tissue injuries resulting in chronic conditions and disabilities. |
| Injuries to Pelvis and Hips | Moderate (b)(i) | £26,590 to £39,170 | Although a significant injury has occurred, any permanent disability is not major with no great future risk. |
| Arm Injuries | Less Severe (c) | £19,200 to £39,170 | Significant disability will have been present, but a substantial recovery will be expected or have taken place. |
| Knee Injuries | Moderate (b)(i) | £14,840 to £26,190 | Cases including torn cartilage or dislocations resulting in wasting, minor instability, weakness or other mild future disabilities. |
| Shoulder Injury | Serious (b) | £12,770 to £19,200 | Shoulder dislocation and lower brachial plexus damage resulting in pains in the neck and shoulder, functional impairment in the arm and restricted movement. |
Special Damages
Financial losses incurred as a result of your injuries could be reimbursed under special damages as part of your compensation settlement. We have given some examples of costs you could claim for here:
- Lost earnings.
- Travel costs.
- Medical expenses.
- Home adaptations.
- Care costs.
Claiming under special damages will require evidence, so it is important to hold onto copies of any invoices, receipts, travel tickets, and your payslips as proof you sustained financial losses.
For a more detailed estimate of what your potential claim could be worth, contact our advisors for a free consultation using the details given below.
Start A No Win No Fee Accident At Work Claim
To begin a personal injury claim following injuries caused by understaffing at work, reach out to our advisors. If our team decides you have a valid claim, a solicitor from our panel could offer to take up your case under a Conditional Fee Agreement (CFA).
A CFA is a type of No Win No Fee contract that offers some key advantages, including:
- No initial fee for the solicitor to start work on your claim in most cases.
- Similarly, there will be no ongoing fees for this work during the claims process itself.
- Finally, in the event your claim is unsuccessful, you will not incur any fees for the solicitor’s services.
You will receive a compensation settlement upon the success of your personal injury claim. The solicitor will take a percentage amount, called a success fee, of this compensation. The maximum percentage that can be charged as a success fee is legally capped. What this means, therefore, is that you will keep most of your awarded compensation.
To ask any questions about claiming after an accident at work, or to get a cost-free zero-obligation assessment of your particular circumstances, speak to our advisors today. You can reach our team via:
- Phone on 0333 000 0729.
- Complete our “Contact Us” form online.
- Use the live chat button for a quick response to your questions.
Learn More About Getting Help With Claims For Injuries Caused By Understaffing At Work
See more of our accident at work claims guides:
- Read our guide on making a claim after being stuck in a lift at work.
- Find out if you could make a claim if injured due to defective work equipment.
- Learn about the claims process following a fatal accident at work.
External resources you may find useful:
- The Health and Safety Executive has issued guidance on staffing levels.
- See this government resource on statutory sick pay.
- Read the guidance on head injuries and concussions from the NHS.
We’d like to thank you for reading our guide on starting a claim following injuries caused by understaffing at work. Our team of advisors can provide further guidance, as well as assess your eligibility to claim free of charge. To talk to our dedicated team, get in touch using any of the contact details given above.
