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Have you been injured in an accident at work caused by someone else? We are here to help with our guide to accident at work claims. Besides exploring who can make a claim, we also outline the steps needed to pursue compensation. Plus, you’ll find out what kind of evidence you might need and the time limits that apply to personal injury claims.
We’ll also take a look at common workplace accidents and answer some frequently asked questions about making a workplace compensation claim.
What You Need To Know
- You must meet specific eligibility criteria to make a personal injury claim.
- In most cases, you have 3 years to pursue a claim.
- You can claim for financial losses alongside the injuries you suffered at work.
- You’ll need evidence to build a strong accident at work claim.
- You can claim on a No Win No Fee basis by working with an experienced personal injury solicitor from our panel.
Interested in seeing if you can make a workplace injury claim? You can get started by reaching out to our friendly team of advisors through:
- Calling us on 0333 000 0729.
- Contacting us via our online claims form.
- Selecting the live chat option.
Jump To A Section
- Who Can Make Accident At Work Compensation Claims?
- What Compensation Could I Get For A Workplace Injury?
- Can Financial Losses Be Claimed For?
- What Accident At Work Injuries Can I Claim Compensation For?
- The Most Common Workplace Accidents
- What If A Loved One Was Killed In An Accident At Work?
- What Evidence Will I Need For A Workplace Accident?
- What Are The Accident At Work Time Limits?
- No Win No Fee Accident At Work Claims
- Frequently Asked Questions
- Learn More
Who Can Make Accident At Work Compensation Claims?
To make an accident at work compensation claim, you must prove:
- Someone owed you a duty of care.
- They breached this duty of care.
- You suffered harm because of this breach.
At work, your employer owes you a duty of care via the Health and Safety At Work etc. Act 1974 (HASAWA), meaning they must take reasonable steps to ensure your safety and wellbeing in the workplace. Your employer could breach this duty of care by failing to provide the right PPE (personal protective equipment) or not giving any workplace training. Such failures could lead to an accident at work and a valid workplace injury claim.
Are There Exceptions For Who Can Claim?
Yes, as 16 and 17 year olds as well as individuals who are mentally incapacitated cannot start a claim in their own right unless they meet certain conditions. We’ll discuss those factors in more detail and how these 2 groups can pursue compensation through a litigation friend in more detail later in our guide.
Would Working In A High-Risk Industry Impact My Ability To Claim?
Provided you meet the above-mentioned eligibility criteria, your claim shouldn’t be affected by whether your industry is regarded as high-risk. Ultimately, your employer still owes you a duty of care under HASAWA. Moreover, there are acts that specifically focus on employees working in high-risk industries like construction, including:
- The Manual Handling Operations Regulation 1992: States that, where manual handling cannot be avoided, the risk of accidents must be reduced as much as possible. If your employer does not take the correct steps to ensure safe manual handling practices, you may be able to make a work compensation claim.
- The Working At Height Regulations 2005 Act: Lays out the steps an employer is expected to take to prevent death and injury for anyone working at height. They must assess the risks involved and take steps to reduce this danger, such as ensuring all work is properly planned and supervised.
These are only a few examples of health and safety legislation that employers must comply with in order to uphold their duty of care to workers. Keep reading as we next discuss whether you could claim if you are self-employed.
Can I Claim If I’m A Contractor Or Self-Employed?
If you work as a contractor or are otherwise self-employed when experiencing an accident at work, you could still make a workplace accident claim. For instance, per Section 4 of the HASAWA, self-employed people might be able to claim for workplace injuries if they were using equipment that belonged to the company when the accident happened or became injured due to employer negligence in another way.
It’s important to note that, in the majority of cases, self-employed workers are usually not entitled to Statutory Sick Pay.
Claiming As A Part-Time Or Zero-Hour Contract Worker
Workers who have a part-time or zero-hour contract may also be able to pursue accident at work claims. While you are in the workplace, your employer owes you the same duty of care under the HASAWA that they do to their other workers. Moreover, The Personal Protective Equipment at Work (Amendment) Regulations 2022 state that zero-hour workers must be provided with the relevant personal protective equipment (PPE) for their job – for example, hard hats for those working with heavy equipment or from a height.
Unsure about the details of a personal injury claim as a self-employed, part-time, or zero-hour worker? Our advisors are on hand to answer questions at a time that’s most convenient for you.
What Compensation Could I Get For A Workplace Injury?
Accident at work claims can compensate for your physical and psychological injuries as well as any related financial losses under 2 heads of loss: General and special damages. Your injuries are covered by general damages, which a solicitor may value by referring to a document called the Judicial College Guidelines (JCG). This publication contains suggestive compensation brackets for a variety of injuries, from severe brain damage to post-traumatic stress disorder (PTSD).
The table below has some figures from the JCG – these should be used as guidance only, as how much compensation you could receive will depend on your claim’s individual merits. Moreover, the initial figure isn’t sourced from the publication since it combines compensation for general damages and financial losses.
| Injury Type | Severity | Compensation | Notes |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe | Up to £1,000,000+ | Multiple severe injuries with special damages, such as care costs and lost income. |
| Brain | Very Severe | £344,150 to £493,000 | The level of award is influenced by factors such as the extent of physical limitation, if there is sensory impairment, and whether a claimant can communicate without using assistive technology. |
| Arm Amputations | Loss Of Both Arms | £293,850 to £366,100 | A person with full awareness who is left considerably helpless due to the double amputation. |
| Leg Amputations | Loss Of Both Legs | £293,850 to £344,150 | Compensation will be determined by issues like phantom pain, future risk of spine/hip degeneration, and how well prosthetics work. |
| Hand | Total Or Effective Loss of Both Hands | £171,680 to £245,900 | Cases may include severe damage that leaves both hands virtually unusable. |
| Foot | Amputation of Both Feet | £206,730 to £245,900 | Loss of ankle joint, treated similarly to below-knee amputation. |
| Back | Severe (i) | £111,150 to £196,450 | Spinal cord and nerve roots are damaged. Claimants will suffer from incomplete paralysis alongside significant impairments to bladder, bowel, and sexual function. |
| Severe (ii) | £90,510 to £107,910 | Cases can include nerve root damage causing loss of sensation as well as impaired bladder/bowel function. | |
| Neck | Severe (i) | In the region of £181,020 | This bracket can cover injuries involving incomplete paraplegia or permanent spastic quadriparesis. |
| Leg Injuries (Severe) | Severe (i) The Most Serious Injuries Short of Amputation | £117,460 to £165,860 | Includes extensive degloving, gross shortening, or fractures that have not healed and need bone grafts. |
| Pelvis and Hips | Severe (i) | £95,680 to £159,770 | Can include low back joint dislocation and a ruptured bladder. Residual disabilities may see claimants suffer from a complicated arthrodesis. |
| Arm | Severe Injuries | £117,36 to £159,770 | Injuries that don't result in an amputation but have a comparable impact, such as a serious brachial plexus injury. |
| Knee | Severe (i) | £85,100 to £117,410 | There will be lengthy treatment, joint disruption, and gross ligamentous damage. Claimants will also experience loss of function and considerable pain. |
| Ankle | Very Severe | £61,090 to £85,070 | This bracket can include transmalleolar fractures alongside extensive soft-tissue damage and deformity. |
| Wrist | Complete Loss Of Function (a) | £58,710 to £73,050 | Cases may include injuries leading to an arthrodesis. |
| Toe | Amputation Of All Toes | £44,570 to £68,430 | Compensation will depend on factors like the type of amputation and extent of forefoot loss. |
| Elbow | A Severely Disabling Injury | £47,810 to £66,920 | The elbow injury will be severely disabling for the claimant. |
| Shoulder | Severe | £23,430 to £58,610 | May involve damage to the brachial plexus, leading to significant disability. |
| Achilles Tendon | Most Serious | In the region of £46,900 | Severed peroneus longus muscle and tendon, leading to swelling, cramping, and restricted ankle movement. |
| Leg (Less Serious) | Less Serious (i) Fractures From Which an Incomplete Recovery is Made or Serious Soft Tissue Injuries | £21,920 to £33,880 | Claimants may have a fracture that has led to mobility being impaired, a metal implant, and sensory loss. |
Questions? Call, live chat, or fill in our contact form for an advisor to get back to you.
Can Financial Losses Be Claimed For?
Yes, you can claim for related financial losses when making a personal injury claim. This type of compensation is called special damages and can help cover expenses like rehabilitation and physiotherapy. Other financial losses you could claim for include:
- Loss of earnings if you have had to take extended time off or leave work entirely.
- Care costs, including at-home care.
- Transportation to and from medical appointments.
- Ongoing medical care.
- Medical aids like crutches or wheelchairs.
You will need evidence for any financial losses you claim special damages for, ranging from receipts and invoices to bank statements and payslips. Get in touch for more information regarding financial losses and special damages.
What Accident At Work Injuries Can I Claim Compensation For?
Provided you meet the 3 criteria mentioned earlier in this article, you can make a claim for compensation no matter how major or minor your injuries are. Below, we list some of the more common workplace injuries:
- Back injuries: These injuries include herniated discs, fractured vertebrae, and spinal cord damage.
- Eye injuries: May involve chemical burns and penetrating wounds. Serious injuries can result in a loss of sight.
- Shoulder injuries: Dislocations and rotator cuff tears are some of the most common shoulder injuries in the workplace.
- Ankle injuries: Includes sprains, fractures, and the rupture of the Achilles tendon.
- Foot and toe injuries: Can range from fractures to amputations.
- Head and neck injuries: In some workplace accidents, employees may suffer brain damage or cervical fractures. Severe brain damage from a head injury can lead to paralysis.
The above is not an exhaustive list by any means – any injury caused by a negligent employer could become a claim. If you’re still unsure whether you could make an accident at work claim, why not get in touch? Our advisors are happy to answer all questions and queries you may have about the process.
The Most Common Workplace Accidents
We’ve discussed workplace injuries above, but what accidents can cause them? Read on as we list some common accidents and scenarios that could lead to a compensation claim.
Slips, Trips And Falls
Slip, trip, and fall accidents can cause extremely serious injuries depending on the work environment and how the accident happened. If an employer doesn’t abide by their duty of care, it can lead to scenarios like the following:
- Warehouse management fails to carry out regular risk assessments on potential workplace hazards. This failure means tripping hazards are left in place, causing you to break your ankle after tripping on a trailing wire.
- An office fails to clean up a spill and doesn’t mark it with ‘wet floor’ signs, leading you to slip and fracture your shoulder.
Manual Handling
Manual handling is a key part of many jobs, particularly those who work in warehouses and the construction industry. Your employer could be at fault in situations such as:
- Despite not offering appropriate training for carrying heavy objects, the store you work for tells you to move several bulky packages. Subsequently, you suffer a severe back injury that leaves you with nerve damage and permanent limited mobility.
- Your supervisor instructs you to move a piece of furniture they know is too heavy for 1 person to handle by themselves. Due to this decision, you end up with a hernia that leaves you with long-term chronic pain.
Hit Or Struck By A Moving Object
If your employer fails to comply with their obligations, such as not conducting risk assessments or improperly storing objects, they could cause accidents like:
- Office management fails to put up warning signs about potential dangers while the building is undergoing repair work. Consequently, you are struck by a falling object that leaves you with a serious skull fracture and lacerations.
- The logistics centre where you work doesn’t properly secure heavy items placed on shelving. This failure results in you being struck by a falling pallet, causing you to suffer a severe back injury.
Falling From Heights
According to the Health and Safety Executive (HSE), the national body for workplace health and safety, falls from height were responsible for 8% of reported non-fatal workplace accidents in 2023/24. Employer negligence can lead to fall from height accidents such as:
- Construction site management fails to provide workers with the correct PPE, including hard hats. Consequently, you sustain serious head injuries after you fall while working on a building’s roof.
- Your employer doesn’t adequately maintain scaffolding on a building site. As a result, a beam gives way, causing you to fall and break your leg.
Even if you don’t see your specific circumstances listed here, you could still have a valid claim if you can prove your injuries were caused by employer negligence. Contact us today for a free case assessment.
What If A Loved One Was Killed In An Accident At Work?
When a loved one has a fatal accident at work, only the estate can make a claim in the first 6 months of their death under the Law Reform (Miscellaneous Provisions) Act 1934. Under this act, the deceased’s estate can claim for pain and suffering in addition to financial losses. After those 6 months, dependents can claim via the Fatal Accidents Act 1976. However, it’s important to note that dependants cannot seek compensation if the estate has already done so, nor can they seek compensation on behalf of the deceased loved one.
Dependants include:
- The deceased’s spouse or civil partner.
- Children, including step-children.
- Siblings, aunts, and uncles.
- Individuals who cohabitated as a spouse for 2 years prior to their loved one’s passing.
The process of claiming as a dependant can seem confusing, but our team is here to help and provide free, confidential advice about fatal accident at work claims.
What Evidence Will I Need For A Workplace Accident?
To prove your workplace injuries were caused by an employer breaching their duty of care, you will need sufficient evidence to build a strong case. Below, we have listed some types of evidence that we recommend for accident at work compensation claims.
- Medical records to show any injuries you have been or are being treated for.
- CCTV footage or any video recordings showing your accident.
- Contact details of any potential witnesses, including colleagues.
- Copies of your workplace’s accident book, if there is one.
- Photos documenting the accident scene or visible injuries.
Gathering evidence is vital, and you can get help with this task if you decide to work with a solicitor from our panel. Our advisory team is on hand if you would like additional information on proving work compensation claims.
What Are The Accident At Work Time Limits?
As outlined in the Limitation Act 1980, personal injury claims usually need to be launched within 3 years. This time limit typically begins from the date of the accident, though it can also start from when you become aware of your employer’s negligence.
However, time limits are paused for those under 18 or who lack mental capacity since they cannot, as mentioned earlier, pursue compensation on their own. In both cases, they can be represented by a litigation friend if they want to make a work compensation claim while time limits are on hold. Otherwise, the 3-year time limit takes effect if specific conditions are met:
- Minors must start a claim within 3 years of turning 18.
- Mentally incapacitated individuals will face the standard accident at work claims time limit if they make a recovery. This time limit will begin to run down from the date they regain capacity.
Want to know if you’re within the time limit? Contact us to find out.
No Win No Fee Accident At Work Claims
Our panel of solicitors have decades of training and experience working to help their clients claim compensation for workplace accidents. What’s more, they take on claims via a Conditional Fee Agreement (CFA), a type of No Win No Fee contract. This approach to pursuing compensation means you only pay a success fee for a solicitor’s work if your claim wins. That also ensures there are no solicitor fees to pay at the start or during the claim process. Since the percentage taken for the success fee is legally capped at 25%, you can rest assured that you get the majority of the compensation you received.
All the solicitors from our panel have extensive experience working on personal injury claims, so you can be confident that your claim is in the best hands. In addition to negotiating with other parties to secure the best possible settlement for you, our panel of solicitors will:
- Explain all legal terminology.
- Refer you to specialists, such as physiotherapists.
- Handle correspondence with all parties involved.
- Offer advice, including what evidence might be needed.
Contact Our Advisors
Ready to see if you can claim work injury compensation? Then, please get started by reaching out today:
- Call us on 0333 000 0729.
- Contact us through our online claims form.
- Click on the live chat option.
Frequently Asked Questions
Below are some frequently asked questions concerning accident at work claims that you can browse through.
Can I Still Claim If I Was Partially At Fault?
The short answer is yes. In the event you were partially at fault, you may be able to make a claim on the basis of either split liability or contributory negligence.
Split liability means that you were partially at fault for your accident – for example, if you crashed because you were distracted while driving a forklift that your employer had failed to adequately maintain. In split liability claims, how much compensation you receive will be weighed up depending on how much you were at fault – i.e. if you were 50% responsible for the accident, you will be awarded 50% of the compensation you would otherwise have gotten had you not played a role in the accident.
Contributory negligence compensates claimants similarly and applies to claimants who contributed to their workplace injuries. For instance, an employer might be liable for your injuries sustained in a fall from height if they failed to conduct a risk assessment before you started work. However, you may be deemed partly responsible for making your injuries worse by not wearing PPE, such as a hard hat.
What If My Employer Denies Liability?
In the case that an employer does not accept liability, you can still go forward with a claim. However, you will need strong evidence like the kinds listed earlier in this guide to prove liability and show how an employer breached their duty of care.
Would My Claim Have A Financial Impact On My Employer?
Your employer is unlikely to be impacted financially by a compensation claim. All employers have a duty to get employers’ liability insurance, which can be used to pay compensation for any workplace accident claims. They may face daily fines if they are not properly insured.
Will My Workplace Accident Compensation Be Taxed?
Any work injury compensation you receive is not subject to Capital Gains Tax. However, interest from compensation may be taxable.
Can I Be Sacked Or Penalised For A Workplace Injury Claim?
Your employer cannot dismiss or punish you for making a claim, such as withholding wages or threatening you in conversation. In fact, you have a right as an employee to pursue a personal injury claim.
Would I Have To Take My Employer To Court?
Most claims settle outside of court. Nevertheless, in cases where a settlement cannot be reached or the employer does not accept liability, there is a very rare possibility that you may have to go to court.
Will I Need To Have A Medical?
Usually, you will be required to have an independent medical assessment as part of the claim process. This assessment is conducted by a medical expert and can be used as evidence for your workplace injury claim.
If you would like further information or have additional questions, reach out to us using the contact details mentioned in this article.
Learn More
The following guides are relevant to accident at work claims:
- Read our guide on claiming for being unable to work after an injury.
- See if you’re entitled to full pay after being injured at work.
- Discover your employer’s responsibilities following an accident at work.
We have also gathered some external links for further reading:
- Safety statistics from the HSE.
- How to report an incident under RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) to the HSE.
- Government information on employment rights.
Our team are here to help, so please reach out if you have any questions after reading our guide on accident at work claims.
