If you have been injured in the workplace, you may wonder if you could make an accident at work claim. The consequences of a workplace injury can have a major impact on your quality of life.
In this article, we will discuss what makes a personal injury claim eligible for compensation. We will also discuss your rights following an accident at work, and how reporting a workplace injury can help you strengthen your potential claim.
This guide will aim to answer any questions you may have about claiming following an accident at work. However, should you have any remaining queries, we recommend you get in touch with an advisor from our team for more information by:
- Calling on 0800 408 7825
- Contacting us online
- Using the live chat feature for instant support
- What Is An Accident At Work Claim?
- What Types Of Accidents At Work Can You Claim For?
- The Eligibility Criteria To Claim For An Injury At Work
- How Long After An Accident At Work Can You Claim?
- Examples Of Accident At Work Compensation Payouts
- What Evidence Can Help Me Prove An Accident At Work Claim?
- What Does The Claims Process Involve?
- Make A No Win No Fee Claim For An Accident At Work
- Frequently Asked Questions (FAQ)
What Is An Accident At Work Claim?
An accident at work claim aims to return you to the position you were in before your accident at work occurred, as much as this is possible. In order to claim, you need to show that you were injured as a direct result of negligence.
Every employer owes their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that they must take all reasonably practicable steps to keep you safe when you are working. If your employer fails to fulfill this duty, and this results in you suffering an injury, this is known as negligence. You might be able to claim for the harm you were caused.
Speak with an advisor for guidance on whether negligence was the cause of your accident.
What Types Of Accidents At Work Can You Claim For?
Accidents at work can happen in any type of setting, from offices to factories and warehouses. Just because you trip in what would be considered a safe environment doesn’t discount your injuries and the impact they’ve had on your life.
Here are some of the most common types of accidents at work that we can help you claim compensation for:
- Slips, Trips, and Falls – Caused by wet floors, loose cables, uneven surfaces, or poor lighting, leading to fractures, sprains, or head injuries.
- Manual Handling Injuries – Lifting, carrying, pushing, or pulling heavy objects incorrectly, resulting in back injuries, muscle strains, or hernias.
- Falls from Height – Includes falls from ladders, scaffolding, or rooftops, often causing severe injuries like broken bones, spinal damage, or fatalities.
- Being Hit by Falling Objects – Tools, equipment, or materials falling from above, leading to head injuries, concussions, or fractures.
- Machinery Accidents – Unsafe use or lack of proper guarding on machinery or defective work equipment, causing cuts, crush injuries, or amputations. Examples include accidents involving machinery on production lines.
- Vehicle Accidents – Workplace transport incidents involving forklifts, trucks, or cars, or heavier plant machinery like dumper trucks and cranes. Accidents involving these vehicles could result in crush injuries or collisions.
- Exposure to Harmful Substances – Contact with chemicals, asbestos, or hazardous fumes, leading to burns, respiratory illnesses, or long-term health issues.
- Workplace Violence – Physical assaults or aggressive behaviour from colleagues or the public, causing psychological trauma or physical injuries.
- Electrocution – Faulty wiring, exposed cables, or unsafe electrical equipment, leading to burns, shocks, or fatal electrocution.
- Repetitive Strain Injuries (RSI) – Overuse of muscles from repetitive tasks like typing or assembly line work, causing chronic pain and mobility issues.
- Assaults At Work – in some work environments, the risk of assault could be greater than in others, such as in prisons, hospitals and in care settings. If steps aren’t taken to minimise the risk of harm, then a claim could be made.
The Eligibility Criteria To Claim For An Injury At Work
To make an accident at work claim, you must prove negligence on the part of your employer. This involves three key elements:
- Duty of Care – Your employer has a legal obligation under the Health and Safety at Work etc. Act 1974 to provide a safe working environment, proper training, and adequate protective equipment.
- Breach of Duty – You must show that your employer failed to meet their duty of care. Examples include failing to maintain machinery, not enforcing safety procedures, or not addressing known hazards.
- Causation (Direct Link to Injury) – You must prove that the employer’s breach of duty directly caused your injury. If the accident would have happened regardless of their negligence, a claim is unlikely to succeed.
If all three elements are met, you may have a valid claim for compensation. Gathering evidence, such as accident reports and medical records, strengthens your case, which we explain in more detail below.
If you’d like to check if you can claim compensation today, why not click the button below to speak with us for free.
How Long After An Accident At Work Can You Claim?
Another important factor in making an accident at work claim is the time limit. According to the Limitation Act 1980, you will typically have three years to start a personal injury claim following an accident at work. However, there are a couple of exceptions:
- For those who do not have the mental capacity to pursue their own legal claim, a time limit will not be put in place. While the claimant is incapable of making their own personal injury claim, a responsible adult with their best interest can apply to the court to be a litigation friend. A litigation friend can make the accident at work claim on behalf of the injured party. If the injured party recovers enough mental capabilities to make a claim and one has not been started for them, they will then have 3 years to initiate proceedings.
- If the injured party is considered a minor, someone under the age of 18, they cannot make a legal claim themselves until they turn 18, at which point they would have 3 years to do so. While they are still a minor, however, a litigation friend could make the claim on their behalf.
There are cases where this time limit can vary, however. To learn more about the exceptions to the injury at work claims time limit, get in touch with our team of advisors today.
You can also head here to learn more about the accident at work claim time limit.
Examples Of Accident At Work Compensation Payouts
If your accident at work claim succeeds, you could receive up to two heads of compensation. These are general damages and special damages. General damages offer compensation for the pain and suffering you experience as a result of your injuries.
Solicitors will value this amount by taking many different factors into consideration, and they may also consult the Judicial College Guidelines (JCG). This publication offers guideline brackets for settlement awards in regard to various injuries. You can see some examples of these brackets below, but please note that these figures are not guaranteed. Every case is different, and so the compensation you may receive can vary.
Injury Type | Severity | JCG Bracket |
---|---|---|
Very serious multiple injuries and special damages. | Very Severe | Up to £1,000,000+ |
Brain Damage | Moderately Severe (b) | £267,340 to £344,150 |
Brain Damage | Moderate (c) (i) | £150,110 to £219,070 |
Kidney Injuries | Loss | £183,190 to £267,340 |
Chest Injuries | Traumatic Injury to the Chest, Lungs or Heart (b) | £80,240 to £122,850 |
Eye Injury | Total Loss of One Eye | £66,920 to £80,210 |
Digestive System Injury | Damage Resulting From Traumatic Injury (a) (i) | £52,490 to £75,550 |
Back Injuries | Moderate (b) (i) | £33,880 to £47,320 |
Hernia | Continuing pain (a) | £18,180 to £29,490 |
Other Arm Injuries (d) | Simple | £8,060 to £23,430 |
Leg Injuries | Less Serious (c) (iii) | Up to £14,450 |
Please note the top line has not been taken from the JCG.
Can I Get Back The Money I Lost Due To The Injury?
Special damages aim to compensate you for the financial damage your injuries have caused.
For example, if you suffered a back injury at work, then you may need to pay for a wheelchair. Similarly, if you were to experience a leg amputation, then you may need to pay for adjustments to be made to your home to cope with your disability. Even a broken foot injury at work can see you laid up for a long period. If your injuries mean that you cannot work, you may be able to claim for loss of earnings under special damages.
To learn more about the compensation you could get in a successful claim, contact our team of advisors. You can also head here to discover more accidents at work compensation examples.
What Evidence Can Help Me Prove An Accident At Work Claim?
Evidence is an important aspect of making an accident at work claim. You could provide evidence that shows that the incident was caused by negligence. Furthermore, you could provide proof of how your quality of life has been impacted by your injuries.
Suitable evidence in a personal injury claim could include:
- CCTV footage of the incident taking place
- The contact details of witnesses willing to provide a statement
- Medical records
- Photographs of the scene of the accident
- A diary of your symptoms and how you’ve been impacted by the accident and injuries
- Documents from your employer can also prove useful. For example, if they failed to conduct a risk assessment in relation to slips and trips and you get hurt, you could claim.
If you would like to find out if you could be eligible to claim accident at work compensation, get in touch with our team today.
What Does The Claims Process Involve?
Many people who think about claiming worry about the process that could be involved. It’s important to remember that our panel of specialist workplace accident lawyers can guide you through every stage, explaining any jargon or principles to you in ways you understand.
To help you prepare to make a compensation claim, here’s an overview of the entire claims process from start to finish:
- Report the Accident – Notify your employer as soon as possible and ensure it’s recorded in the accident book. If serious, it may need reporting by your employer under RIDDOR.
- Seek Medical Attention – Visit a GP or hospital for treatment. A medical report will be key evidence for your claim so getting treatment at the beginning helps toward this.
- Gather Evidence – Take photos of the accident scene, keep witness details, and retain CCTV footage if available. Save any medical records and receipts for expenses.
- Seek Legal Advice – Contact a personal injury solicitor who specialises in workplace injury claims. Many offer a No Win, No Fee service, such as ourselves.
- Claim Submission – Your solicitor will notify your employer’s insurance company, setting out the details of your injury and how their negligence caused it.
- Investigation and Liability Decision – The employer (or their insurer) must investigate and decide whether they accept liability. If they deny fault, your solicitor may need to gather further evidence.
- Compensation Negotiation – If liability is accepted, settlement negotiations begin. Compensation covers pain, suffering, lost earnings, medical costs, and any future care needs.
- Settlement or Court Proceedings – Most claims settle out of court, but if an agreement isn’t reached, your solicitor may take the case to court. A judge will decide the outcome.
- Receive Compensation – If successful, compensation is paid by the employer’s insurance, not directly by the employer, so it won’t impact them.
Make A No Win No Fee Claim For An Accident At Work
So, why should you make an accident at work claim with a No Win No Fee solicitor? Making a claim for a work injury can seem difficult, and a lot of people aren’t sure where to start or how to proceed.
When you work with a workplace injury claim solicitor, they can help make sure the claims process is as smooth as possible by offering advice and guidance every step of the way. They can use their expertise to help you:
- Prove your claim with evidence.
- Negotiate a settlement that covers all of your losses.
- Communicate with both the Courts and the defendant.
- Prepare your claim to go to trial if this is necessary.
- Understand legal jargon used throughout the process.
Our panel of expert solicitors can help you do all this without asking for an upfront or ongoing fee for their work, and they won’t charge for their services if your workplace accident claim fails. This is because they work on a No Win No Fee basis, and use a Conditional Fee Agreement (CFA) to work with their clients.
With this arrangement in place, you will pay them a success fee if your claim succeeds. This is a legally limited percentage of the compensation that you were awarded.
Contact Us
Our helpful team of advisors can tell you whether or not you could make a claim when you get in touch and start your free consultation. Contact us today to learn more by:
- Calling on 0800 408 7825
- Contacting us online
- Using the live chat feature
Learn More About Safety In The Workplace
For more helpful workplace injury articles:
- To find answers to some frequently asked questions on accident at work claims, check out this guide here. You can find information on time limits, the claims process, and examples of compensation payouts.
- The construction industry sees one of the more higher rates of accidents at work each year. In our guide to construction injury claims you can learn all about the eligibility criteria and how much compensation you could receive.
- If you’ve suffered an injury after a slip and fall on mud at work, you may find this guide useful. It explains the claims process and offers examples of different types of injuries and causes.
Alternatively, to access more resources:
- NHS – Broken Bones
- GOV – Statutory Sick Pay (SSP)
- HSE – Worker’s Health and Safety
Get in touch with our team of advisors to start your accident at work claim.