By Lewis Winehouse. Last Updated 27th July 2023. This guide will look at suing your employer for an injury on the job. If you’ve been injured at work because of the negligence of your employer, then you could be entitled to make a claim for compensation.
Your employer has a duty of care to safeguard all employees who work for them. This means that they need to take all reasonably practicable steps to ensure your safety while in the workplace. If they fail to do so, and this causes you to sustain an injury, you may be owed compensation.
Suing your employer for an injury on the job guide
Legal Helpline can help you claim compensation for an injury on the job. Our panel of solicitors can work with you throughout the claims process to help you build the strongest case possible. Furthermore, they may be able to represent you on a No Win No Fee basis; we’ll look at what this means later in this guide.
To seek compensation for an injury at work, please contact us today. You can:
- Call our claims helpline for free on 0333 000 0729
- Use our online contact form to get in touch with us
- Speak to us at the live chat feature to the bottom-right of this screen
Select A Section
- When Is Suing My Employer For An Injury On The Job Appropriate?
- Will Suing Your Employer While Still Employed Cause Problems?
- What Is Negligence By An Employer?
- Suing Your Employer For An Injury On The Job Caused By Negligence
- How Much Can I Sue My Employer For?
- Claiming For A Work Injury With A No Win No Fee Solicitor
When Is Suing My Employer For An Injury On The Job Appropriate?
When making a personal injury claim against your employer, you’ll need to determine whether your employer has breached their duty of care to you. Under the Health and Safety at Work etc. Act 1974, employers have a duty of care to take reasonably practicable steps to ensure your safety in the workplace.
If you can prove that your employer has breached their duty of care and this caused you to become injured, you may have grounds for a valid work-related injury claim against your employer.
Additionally, you will need to begin your claim within the correct limitation period. Under the Limitation Act 1980, you typically have three years from the date you were injured to bring forward a claim.
It’s worth noting that there are exceptions to this time limit. Get in touch with our advisors today and they can inform you of what these exceptions are. They could also offer you free advice for your potential claim.
Will Suing Your Employer Whilst Still Employed Cause Problems?
You may be worried about the impact that suing your employer for an injury on the job could have. If this is the case, you needn’t be put off claiming the compensation you’re entitled to.
The Employers’ Liability (Compulsory Insurance) Act 1969 means that your employer must have insurance in place to protect them in the event of someone making a claim. This means that, if you’re successfully awarded compensation, then the settlement will not come from the company’s profits or from your employer’s pocket.
For more information on claiming compensation for harm caused by your employer’s negligence, speak with an advisor today.
What Is Negligence By An Employer?
The HASAWA establishes the responsibility your employer has to ensure your safety in work. However, you may be wondering what they need to do to adhere to this duty of care.
Some of the responsibilities of an employer include:
- Maintaining good housekeeping- Your employer should ensure that walkways are clear of obstructions, spills are cleaned up in a reasonable time and floor surfaces are suitable. Failure to do so could result in a slip, trip or fall.
- Providing sufficient training- You should be trained to carry out any role you’re expected to do in the workplace. For example, if your job role includes carrying then you should be given manual handling training.
- Supplying appropriate protective equipment– For example, you might need non-slip shoes or safety goggles to reduce the risk of injury.
- Ensuring equipment is well-maintained- Machinery should be checked according to a schedule and repaired if necessary.
For more information on suing your employer for an injury on the job, speak with our team.
Suing Your Employer For An Injury On The Job Caused By Negligence
If you consider suing your employer for an injury on the job, you’ll need to provide evidence. This can include:
- The workplace accident report from the accident book
- Your medical records (you might also be invited to an independent medical assessment as part of your claim)
- Photographs of your injuries
- Photographs of the hazard that caused your injuries
- Eyewitness contact details so that a statement can be taken
- CCTV footage of the accident
A solicitor from our panel could help you collect the evidence you need to prove your claim. Speak with an advisor today for more information.
How Much Can I Sue My Employer For?
If you consider suing your employer for an injury on the job, you may want to know how much compensation you could receive.
If you make a successful claim, you can receive up to two heads of compensation. The first is general damages, which will compensate you for the pain, suffering and loss of amenity that you have experienced. The second is special damages, which will reimburse you for any out of pocket expenses your injuries have cost you.
You can use the table below to estimate how much compensation your claim is worth in general damages. We have used guidelines from the Judicial College to calculate compensation amounts for this table. They provide guideline compensation values for a range of different injuries.
Category And Type Description Amount
Wrist Injury (c) A less severe form of wrist injury which leaves the person with some permanent degree of disability. The person could be left with stiffness and pain. £11,820 to £22,990
Wrist Injury (d) Where the person will make a fully recover from a soft tissue injury or broken bone. Rarely exceed £9,620
Hand Injury - Serious (e) A variety of different types of hand injuries which will have reduced the persons hand usage by 50%. £27,220 to £58,100
Hand Injury - Less Serious (g) A crush injury which reduced or impaired the use of the hand and which could require surgery. £13,570 to £27,220
Moderate Leg Injury (iv) The bracket includes multiple or complicated bone fractures or a severe crush injury. In general this will affect a single leg. £26,050 to £36,790
Less Serious Leg Injury (i) Where the person has made an incomplete reovery from a bone fracture or where there is a similar degree of soft tissue injury. £16,860 to £26,050
Less Serious Leg Injury (ii) A simple femur fracture which does not cause damage to the articular surface. £8,550 to £13,210
Severe Hip Or Pelvic Injury (i) A extensive pelvic fracture which may involve a a rupture of the bladder or dislocation in the lower back. £73,580 to £122,860
Severe Hip Or Pelvic Injury (ii) Injuries which are only slightly less serious than those in the above category. £58,100 to £73,580
Severe Hip Or Pelvic Injury (iii) The person could be left with degenerative changes to the hip or pelvis and is likely to require a hip replacement. £36,770 to £49,270
In addition to general damages, you may be eligible to claim special damages. Special damages can include the following:
- Travel expenses, such as reimbursement for hospital parking
- Medical expenses
- Care costs
- Loss of income reimbursement
- If you have become disabled, you can claim compensation if you need mobility equipment or any adaptations for your home.
For more information on what you could claim, speak with one of our advisors.
Claiming For A Work Injury With A No Win No Fee Solicitor
If you are eligible to make an accident at work injury claim against your employer, an expert solicitor from our panel could help you with the process.
Additionally, they could offer you a type of No Win No Fee contract that is referred to as a Conditional Fee Agreement. Under this type of arrangement, you usually won’t have to pay your solicitor any service fees upfront or whilst the claims process is underway.
Should your personal injury claim against your employer succeed, your solicitor will charge you a percentage of your compensation. This is known as a success fee, and there is a legal cap in place for the percentage that this fee can be.
Please contact our advisors today to see if you could be eligible to work with one of the No Win No Fee solicitors on our panel. They can also help answer any questions you may have and offer you free advice. To connect with an advisor, you can:
- Call 0333 000 0729
- Use our live chat service.
- Contact us online.
Learn More About Workplace Injury Claims
Would you like to learn more about making a workplace injury compensation claim? If so, please read these online guides.
Claiming for a broken wrist at work
Claiming for a broken toe accident at work
How much compensation can I claim if I slipped at work and hurt my back?
If you haven’t been given no proper eye protection at work find out how you can claim.
Examples of incidents that are reportable to the HSE under RIDDOR.
An HSE guide to preparing a workplace health and safety policy.
Eligibility criteria for Statutory Sick Pay (SSP).
Thank you for reading our guide to suing your employer for an injury on the job.
