Last updated on August 8th, 2022 at 08:57 am
If you are injured in an accident at work, you could be eligible to claim compensation for your pain and suffering. If the accident wasn’t your fault and it happened because your employer failed to keep the workplace safe, we could help you make an accident at work claim.
Having a personal injury solicitor on your side could make winning your claim easier and might also lead to a higher compensation payout. Our team of specialists have been helping clients claim compensation for workplace injuries for years, and if your claim is accepted, a solicitor will represent you on a No Win, No Fee basis. As a result, your stress levels will be reduced throughout the claims process.
Would you like to discuss your options with us right away? If so, call us for a free consultation on 0800 652 1345. Alternatively, please continue reading to find out more about workplace accident claims.
Can I claim compensation for an accident at work?
So, the big question is whether you have the grounds to start an accident at work claim. This is something your solicitor will need to consider before taking you on as a client. To assess this, they’ll consider whether:
- Your employer breached their duty of care towards your well-being; and
- That an accident happened as a result of your employer’s negligence; and
- You were injured during that accident or incident.
If you think that your case meets the criteria set out above, we could help you claim compensation.
Your employer’s duty of care
When in the workplace, or indeed working off-site, an employer has a legal duty of care to ensure that their employees are protected. There will be incidents where the employer has done all they could to make the workplace as safe as possible but an accident still occurred. It will depend upon the type of accident and the specific details but not every accident in the workplace causing injury will mean your employer was negligent and may be liable to damages.
If you have any doubt about the validity of your work accident claim you can speak to a personal injury advisor for an initial no-obligation consultation on 0800 652 1345.
Why do accidents at work happen?
Some of the main reasons why workplace accidents happen and compensation claims are made are commonly because of:
- Poor training.
- A lack of regular risk assessments.
- Inadequate or missing personal protective equipment (PPE).
- Unenforced safety measures.
- Preventable leaks and spillages.
- Faulty or unmaintained machinery or equipment.
According to Health and Safety Executive (HSE) statistics, the most common causes of accidents at work are:
- Slips, trips and falls. These can cause fractures, bruises, sprains and strains.
- Handling and lifting. Resulting in back injuries and soft tissue damage.
- Being hit by moving objects. An example here is where stock falls from warehouse shelving.
- Violence in the workplace. Where staff are assaulted and injured by colleagues or customers.
- Falls from height. Accidents involving scaffolding and falls off ladders for example.
What should you do if you’re injured in an accident at work?
Following any injury from an accident at work, there are a few things you should do. They include:
- Seek medical attention so that your injuries are diagnosed and treated properly.
- Report the accident so it’s captured in the company’s accident report book.
- Inform your trade union about the incident if you’re a member.
- Collect statements from colleagues who witnessed your accident happen.
If you cannot take these steps because you’re hospitalised, you could ask a work colleague or manager to perform them for you. More serious accidents at work are likely to be investigated by the HSE.
Reporting an accident in the workplace
If you experience any kind of accident in the workplace it should be reported to your employer as soon as possible. Each employer should have, to use an old term, an “accident book” which is a detailed account of all incidents and accidents in the workplace and who was involved. Your employer also has a duty to report accidents to the Health and Safety Executive and you can check this for yourself in the aftermath of the incident.
Even if you are not sure that the accident will result in a personal injury claim it is still worth reporting the incident for a reference point further down the line.
What can I claim work injury compensation for?
Compensation is designed to help you recover and deal with the injuries you sustained in the accident at work. As such compensation could be claimed for:
- Any lost earnings if you weren’t able to work while you recovered.
- Your pain and suffering, and loss of amenity. This also includes any mental harm caused by the incident.
- Care, travel or medical expenses.
- Modifications to your home or vehicle if they’ll help you cope with your injuries.
- Private medical treatment if it’ll improve your recovery time.
- Future loss of earnings if your injuries reduce your earning capacity.
If you decide to make an accident at work claim with us, and your claim is accepted, your solicitor will work out what you’ll include once they’ve reviewed your case in detail.
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Providing proof to support an accident at work claim
When you start a compensation claim for an accident at work, your employer will send it to their insurers. They’ll only pay compensation where it’s clear that the accident and your injuries resulted from their client’s negligence. To help establish what happened, who was to blame and how serious your injuries were, you’ll need to provide supporting evidence. This could include:
- Medical reports. Copies of your notes can be obtained from your GP or a hospital to help prove what injuries you sustained.
- Security camera footage. You are entitled to ask for CCTV footage if your accident at work was captured by it. Ask for this quickly as it’s not usually retained for too long.
- Accident reports. These are a good way of proving when your accident occurred and where it happened.
- Witness statements. Information by anybody else who saw what happened could clarify what caused the accident to occur.
- Photographs or videos. If you’re able to, it’s a good idea to take pictures or videos on your phone of the accident scene before anything is moved.
Any evidence you’re able to secure could improve the chances of you being compensated fairly. If you’d like us to check what you’ve collected so far, please speak to one of our specialist advisors.
Types of workplace accidents our solicitors can help claim compensation for
Our team of personal injury solicitors can help with any type of accident at work claim including:
- Factory or warehouse accident claims.
- Building site injury claims.
- Farming/agriculture accident claims.
- Military injury claims.
- Office accident claims.
- Retail accidents.
If you’ve suffered in any type of workplace accident, please get in touch if you’d like to know more about the claims process.
Industrial and occupational disease claims
As well as trying to prevent accidents from occurring in the workplace, employers also need to protect staff from sustaining an occupational illness. These include:
- Lung and respiratory diseases. Caused by dust, fumes and similar substances.
- Injuries caused by vibration. Where limbs are damaged after prolonged use of power tools for example, such as Hand Arm Vibration Syndrome (HAVS) and Vibration White Finger (VWF).
- Noise-Induced Hearing Loss (NIHL). Where steps weren’t taken to reduce the impact of exposure to loud or sudden noise in the workplace.
- Musculoskeletal disorders. Including RSI injuries and muscle or tendon damage caused by working in confined spaces.
- Occupational dermatitis. Where the skin is irritated or inflamed by over-exposure to chemicals, adhesive or dust.
- Occupational cancer. An example here would be mesothelioma related to asbestos exposure.
If you’ve been diagnosed with any of the above and would like to start a claim, we can help.
How long do I have to make a work injury claim?
Work injury claims have a 3-year time limit. This limitation period can start from:
- The date you were injured. This would be true if you suffered an injury in an accident at work.
- The date of knowledge. This would apply if an illness wasn’t diagnosed until later on. For example, if you’ve been diagnosed with cancer caused by asbestos, your time limit would begin from when the condition was diagnosed.
Your solicitor will need to collect evidence and complete several tasks before they file your work injury claim. This can be quite time-consuming. Therefore, we’d advise not leaving your claim to the last minute if you can avoid doing so.
To discuss how long your claim might take to be processed, get in touch today.
How long do accident at work claims take?
No two workplace accident claims are the same. However, if your case is quite straightforward and your employer admits liability early on, the process could be finalised within a year. Claims involving ongoing or more serious injuries that need to be investigated could take considerably longer.
Can I be sacked if I claim compensation against my employer for an accident at work?
Many potential claimants are put off from making an accident at work compensation claim because they’re worried about what their employer will think or do. However, if the accident and consequently your injury was caused by your employer’s negligence, you’re well within your rights to seek damages.
Legally, you cannot be dismissed, demoted, singled out or prevented from working because of your claim. So long as your claim is honest, you should not be treated any differently.
If you do face problems because of your claim, there may be grounds to seek further compensation for unfair or constructive dismissal. If you have any concerns about taking action after an accident at work, please call our team today.
No Win, No Fee accident at work compensation claims
Let’s face it, nobody wants to pay solicitor’s fees and then lose their case. For that reason, our solicitors don’t ask for their fees to be paid upfront because they work on a No Win, No Fee basis. That means they’ll take on the financial risks involved with claiming and that, in turn, will make the process less stressful for you.
Before your case is accepted, your solicitor will review your case with you. If they agree to represent you, they’ll provide a contract called a Conditional Fee Agreement (CFA).
The CFA will explain that:
- Your solicitor will begin working without being paid in advance.
- You won’t pay for their work if your claim fails.
- A success fee will be deducted from any compensation you receive.
The success fee is legally capped to 25% of your compensation when using a CFA so that you can’t be overcharged.
To see if we could help you to claim on a No Win, No Fee basis, why not call our team today?
Having a personal injury solicitor make an accident at work claim
Proving why you should be compensated for a workplace injury can be complicated. The process might need a lot of complex or medical evidence. If you don’t get it right, you might miss out on being compensated for an accident at work or you may be paid too little.
We believe you’ll have a better chance of winning your case if you let one of our specialist solicitors represent you. If your case is accepted, they will try to handle all aspects of the claim for you.
If your employer’s insurers raise concerns about liability for your injuries, your solicitor will provide additional evidence if needed. Similarly, if a settlement offer appears to be too low, your solicitor will negotiate on your behalf to try and achieve a fairer settlement.
Throughout the work injury claims process, your solicitor will be available to answer any questions you think of. They’ll also keep you up to date by sending regular progress reports.
If you’d like to claim for a workplace injury with us, call today on 0800 652 1345. We offer a no-obligation review of your case and free legal advice even if you don’t take any further action. Furthermore, all accepted claims are handled on a No Win, No Fee basis.
Thanks for reading this guide to accident at work claims, and if you have any further questions, please connect with an advisor in live chat.