Work Accident Injury Claims
Have You Suffered A Work Accident? You May Be Entitled To Financial Compensation In A Work Accident Claim.
According to the International Labour Organisation, more than 337 million work accidents happen each year. In Great Britain, an estimated 581 000 workers suffered a non-fatal work accident, for the period between 2018 and 2019.
A work accident is generally an incident that happens during the course of employment, which leads to some form of physical or mental occupational injury to those involved. Work accident claims that our solicitors deal with on a daily basis typically result from the following categories of work-related accidents:
- Poisoning and harmful substance ingestion;
- falls from a height;
- drowning or suffocation;
- exposure to some form of an explosion or a dangerous chemical substance;
- attacks by humans and animals;
- slips and falls on floors, pavements or staircases;
- defective machinery;
- injuries caused by moving objects or heavy loads; and
- traffic and vehicle collisions.
A work accident can be caused by a combination of unsafe behaviour and poor working conditions. When accidents happen and an employee is harmed, it is crucial that an employer has adequate safety processes and policies in place to deal with the work accident. If someone else is to blame for harm that you have suffered from an accident at work, it is likely that you are entitled to make a work accident claim against your employer. This will be a claim for compensation for the injuries you have sustained and pain and suffering you have endured as a result of the accident.
It is not always obvious who caused the accident, or who will be legally responsible for the harm that you have suffered. In most cases, the employer is ultimately at fault and will have beached the duty of care that they owe to their employees. This means that the employer will be liable for an employee’s work accident, because of the fact that they failed to take reasonable steps to ensure the health and safety of their staff. If an employer does not comply with this duty, and their failure to do so results in a work accident, there will be sufficient grounds for the employee to start a compensation claim.
What Is The First Step In A Work Accident Claim?
Step 1: Report The Work Accident To Your Superior
If an accident happens and you sustain a work accident, you should complete the workplace accident report immediately, as far as possible in your own words. You will also need to report the accident to your manager so that your employer is aware of what has transpired. You can ask someone else to report your work accident for you, if you are unable to do so yourself.
Who you will report your accident at work to depends on aspects such as:
- Where you were working when you suffered the work accident
If you were working in your usual workplace, as an employee, you should make sure your employer knows about your accident. The best person to tell is probably your manager – check your staff handbook or intranet if you’re not sure. If you are self-employed, you have to report your accident to the Health and Safety Executive if it happened while you were working on your own premises.
If you were not working at your normal workplace as an employee on a different site, or as another form of worker, then you should tell the person you usually report to when you’re there. It’s a good idea to let your usual line manager know about the work accident too.
If you are self-employed and working on a client’s business premises, you should inform the person you usually liaise with when you’re at the business premises about the injury. You will need to report the accident to the Health and Safety Executive if you were working in someone’s home when the accident occurred.
- Your employment status at the time of the work accident
This relates to whether you were an employee, a contractor or self-employed. You can check your employment status on GOV.UK.
Step 2: Record The Work Accident In An Accident Report Book
If the business or establishment where you reported your accident at work has more than 10 employees, they need to record the accident in an official accident report book. It is important to do this yourself and explain the accident in your own words, or if you are unable to do so, make sure it’s been done by a trusted manager. Smaller organisations often also have accident books, so just ask the relevant individual at your place of work whether it can be, and has been, recorded in the official accident report book. If there isn’t an accident book, our expert solicitors suggest that you write down the details of the accident in your own words and send it to your manager or the person you report to. Keep a copy for yourself, as our legal team will use this report in the compensation claim at a later stage.
Step 3: Seek Medical Attention For Your Work Accident
If the work accident is severe or fatal, it is crucial that the designated first aider on site be called to the scene, and the emergency services immediately contacted. Severe accidents at work can be life-threatening and can cause lifelong damage– make sure you take whatever steps necessary to limit your physical injuries.
If you have been in an accident at work, it is crucial that you visit the doctor as soon as possible. Even if you don’t initially think you have sustained any injuries, it is possible that there are hidden damages, bruising or swelling that might arise at a later stage. Your doctor will be able to record the details of your accident in your medical records, as well as treat any injuries that you might have sustained. Review your employment contract to see whether you are able to take time off of work to go to the doctor.
What Is The Process For Making A Work Accident Claim?
Before you make a work accident claim, we appreciate that you might have some questions about the legal process behind making a compensation claim against the person who caused you harm. For example, you might be concerned about making a claim against your employer, or you might feel overwhelmed by the thought of making a legal claim while you are still recovering from an illness or work accident. This is perfectly understandable. The Claim Justice team is here to answer any queries you might have, and support you through your recovery process.
Claiming against your employer for an accident that wasn’t your fault can be intimidating, but with the assistance from the personal injury experts at Claim Justice, you can take a step back from the action, rest properly and recover fully from your injuries. At the same time you can be assured that your work accident claim is being managed efficiently and diligently by your dedicated solicitor .
The Claim Justice legal team has successfully closed hundreds of clients’ work accident claims over the years. We know and appreciate that accidents, both minor and serious, can affect people in different ways. Our work accident claims solicitors take each case seriously and deal with each client on an individual basis, giving 100 percent effort to carefully guide your work accident claim to a successful conclusion, and help you to get the maximum compensation you deserve.
How Much Compensation Can I Claim In Work Accident Claims?
As with any other personal injury claim, the amount of compensation that will be awarded for a work accident claim will change from one case to the next, and will increase and decrease depending on factors such as the severity of the employee’s injuries, the length of time needed to recover from injuries, and any complicating factors surrounding the injuries. Claim Justice has extensive experience in making compensation claims, and has resolved countless work accident claims over the years. As a result of the years of experience in calculating compensation in work accident claims, we have been able to compile a general compensation guideline, showing for different amounts generally awarded in relation to the different types and severities of injury.
Your appointed work accident claims solicitor will be able provide you with an estimated value of your compensation claim once they have assessed the details of case. To give you an idea of the total compensation you can expect to claim, we set out a general guideline of amounts that have been awarded as compensation for various levels of physical injuries in the table below.
|Compensation Amounts For Personal Injuries In Work Accident Claims|
|Severity of Injuries||Detail of Injuries||Examples of Average Compensation Awarded|
|Extremely serious||Victims are unresponsive as a result of serious brain damage and may be in a vegetative state||Between £230,000 and £335,000|
|Moderate||Serious disability due to brain damage, loss of feeling in limbs, personality change and/or a mental disability||Between £170,000 and £220,000|
|Mild||Minimal or no brain damage but might still have long term effects||Between £10,000 and £35,000|
|Extremely serious||Facial disfigurement; serious scarring or burns||Between £24,000 and £80,000|
|Moderate to serious||Simple fractures to multiple fractures and breaks in the facial area||Between £7,000 and £40,000|
|Mild||Less serious scarring to minor scars||Up to £11,500|
|The most serious||Completely blind and deaf||Around £330,000|
|Extremely serious||Partial to substantial loss of sight in one or both eyes||Up to £220,000|
|Moderate to serious||Restricted vision or loss of sight in one eye||Anything between £7,000 and £46,000 depending on severity|
|Mild||Temporary loss of vision due to smoke, liquids or other substances; Struck/hit in the eye||Up to £8,000|
|Serious||Serious/multiple fractures to the nose resulting in permanent damage||Up to £20,000|
|Moderate||Injuries not requiring surgery||Between £2,000 and £26,990|
|Mild||Simple non-displaced fractures with full recovery||Between £1,400 and £2,160|
|Extremely serious||Complete loss of hearing||Between £77,000 and £93,000|
|Moderately serious||Complete hearing loss in one of the ears||Between £26,000 and £38,000|
|Mild||Hearing loss in one or both ears; tinnitus||Up to £38,800|
|Serious||Paralysis, limb numbness, restriction in movement because of the injury in the neck and shoulder||Between £10,500 and £42,000|
|Moderate||Semi-permanent damage; damage that restricts movement in arm and elbow||Between £6,700 and £10,800|
|Mild||Damage to soft tissue that should recover within the year or slightly longer||Up to £6,700|
|Serious||Serious injury to the upper or lower back; paralysis or any relating issues to organs in the lower parts of the body||Between £33,000 and £137,000|
|Moderate.||Covering a wide range of back injuries such as compression of the lumbar vertebrae, ligament or soft tissue damage, any constant pain and/or any discomfort||Between £10,500 and £33,000|
|Mild||Strains and sprains, soft tissue injuries, a slipped disc, muscle pain||Up to £10,670|
|Extremely serious||Amputation of both arms, the amputation of a single arm, or partial amputation of one or both arms||Between £82,000 and £255,900|
|Serious||For major restriction and disability present in one or both the arms||Between £33,400 and £111,600|
|Less serious||Restriction in movement and/or disability in the arms with substantial recovery||Between £16,000 and £33,400|
|Simple||Between £5,200 and £15,000|
|Extremely serious||Amputation of one or both hands; loss of use of hands||Between £120,000 and £171,900|
|Very serious||Total or effective loss of one hand from crushing and then amputation; partial amputation||Between £52,800 and £77,400|
|Moderately serious||Finger amputations, crush injuries to the hand, penetrating wounds, deep lacerations||Between £24,700 and £52,800|
|Less serious||Crushing injuries leaving some impaired function||Between £12,340 and £24,700|
|Extremely serious||Amputation of one or both legs (full or partial amputation)||Between £83,500 and £240,500|
|Moderately serious||Injuries to the leg which has caused lifelong restriction in movement and disability||Between £23,600 and £82,100|
|Less serious||From simple leg fractures, breaks or soft tissue damage which has affected the muscle to leg fractures with an incomplete recovery||Up to £23,600|
|Serious||Disability because of a knee injury, major damage to muscles, muscle wastage and soft tissue damage. Disability because of a knee injury, major damage to muscles, muscle wastage and soft tissue damage||Between £22,300 and £82,000|
|Moderate||Minor disability because of the knee injury, damage to the muscle, cartilage, soft tissue, that causes pain and suffering||Up to £22,300|
|Extremely serious||The most serious ankle injuries that may cause deformity, degeneration of joints, and potentially amputation||Between £40,000 and £60,000|
|Moderately serious||Fractures and injuries requiring extensive treatment, disability||Between £10,000 and £43,000|
|Mild||Ankle fractures, ankle sprains||Up to £11,500|
|Extremely serious||Amputation of one or both feet||Between £71,600 and £171,900|
|Moderate||Serious injury to one or both feet that causes restriction, or disability||Between £11,000 and £60,000|
|Mild||Basic injury to a foot with high chance of recovery||Up to £11,500|
The different amounts of compensation outlined in the table above are to be used as a broad guideline to compensation in work accident claims only, and must not be seen in any way to be fixed compensation amounts available to victims of work accidents. Claim Justice assesses the value of all potential work accident claims in completely free, confidential consultations once clients have provided our claims handlers with the details of their accident and injuries sustained.
What Will It Cost To Make Work Accident Claims?
The good news is that you will never have to pay Claim Justice any legal fees in advance for proceeding with your work accident claim. We are happy to offer all our clients with valid work accident claims the option of continuing their legal process through a No Win No Fee agreement. Under a No Win No Fee agreement, if your claim is not successful, you won’t have to pay a thing for the work that the Claim Justice team has done on your case. For thousands of clients, this means that they will finally have access to the justice they deserve, and a fair chance to make a claim for rightful compensation for the injuries that they have suffered, without any financial risk hanging over their heads.
What Happens When Work Accident Claims Are Successful?
A No Win No Fee agreement with Claim Justice means that our work accident claims team will only get paid if your claim is successful and you receive the compensation that you deserve.
If we do help you to win your claim, Claim Justice will charge you a minor success fee of an average of 25% of the compensation received as payment for the work that we have done to help you win your claim. Your solicitor will be sure to discuss the applicable success fee with you upfront, and the agreed success fee will be confirmed in writing before we start with your work accident claim.
What Happens If Work Accident Claims Are Unsuccessful?
Claim Justice carries the risk of your accident claim being unsuccessful. In the unlikely event that we are unable to help you win your case, we will not charge you any legal fees for the assistance that we have provided in pursuing your work accident claim. This means that you won’t need to pay us a thing in the unlikely event that your accident claim is unsuccessful.
As a further source of protection, and to ensure that you are fully protected with complete peace of mind over your financial risks, the Claim Justice team will help you to secure ‘After the Event’ insurance. This insurance covers you in the unlikely event that you are unsuccessful with your work accident claim, and in case the court orders that you are liable to pay a part of the other person’s legal costs during the case.
Why Choose Work Accident Claims With Claim Justice?
Claim Justice has an entire panel of specialised personal injury solicitors who resolve countless No Win No Fee work accident claims each year. The dedicated Claim Justice team works around the clock – 24 hours a day, 7 days a week, to help our clients get the justice and financial compensation that they deserve.
If you choose to make your claim with the help of Claim Justice on a No Win No Fee agreement, you can be assured that:
- You will receive free legal advice from one of our expert solicitors as to how best to proceed with your work accident claim;
- A member of the Claim Justice Team will be available to discuss your claim 24 hours a day, 7 days a week, or to answer any questions that you might have regarding your work accident claim;
- If you are fruitless in your work accident claim, we will not charge you any legal fees for the work that we have done on your case;
- You won’t pay legal fees from your own pocket;
- We will use our best efforts to help you recover the maximum amount of compensation in the shortest possible time for the injuries you have suffered as an innocent victim of an accident in the workplace; and
- Our team will manage your work accident claim efficiently, keep you updated on its progress, and will make the entire compensation claim process less stress-free and less admin-heavy than if you had tried to make the claim by yourself.
Contact Claim Justice at any time of day, on any day of the week, by filling out the short online form and waiting for us to call you back for free, or by calling one of our friendly road accident claims handlers on 0121 565 4317. If you would like to discuss your case from the comfort of your own home, please request a complimentary home visit from one of our friendly accident claims handlers now, so that we can start your claim without delay.
Frequently Asked Questions
What Happens If I Was Partly To Blame For My Work Accident Claim?
If you have been injured in a work accident that you played a role in causing, you won’t be disqualified from instituting a work accident claim. If you are found to have contributed to the injuries, then your compensation may however be reduced by your percentage of the blame. If you are worried that you don’t have a valid work accident claim because you voluntarily agreed to do something, for example lift a heavy load or use a dangerous machine without proper safety or training, and this caused or contributed to their work accident injury, you need worry no longer. This is simply not the case, and you should make contact with an expert from Claim Justice as soon as possible to discuss how and when you can make a work accident claim based on the facts of your case.
Contact the work accident claims team now by filling out the short online form and waiting for us to call you back for free, or by calling one of our friendly accident claims handlers on 0800 567 7074 or 0121 565 4317. If you would like to discuss your case from the comfort of your own home, please request a complimentary home visit from one of our friendly claim handlers today, so that you can institute your claim as soon as possible.
Are There Time Limits For Making Work Accident Claims?
In the UK there is a general 3 year time limit applicable to filing work accident claims. If you have not initiated legal proceedings within 3 years of suffering the work accident, your case may be considered to be prescribed, and you may not be entitled claim compensation.
The 3 year deadline starts to run on the date that the accident occurred, or from the date on which you realised that your injury was associated with the accident at work. In fatal cases, the 3 year time period would start on the date of death.
Can I Get Paid If I Can’t Work Because Of My Injuries?
Have a look at your contract of employment. Your contract will set out whether you can get ‘contractual sick pay’ from your employer, and whether you have access to an employee assistance helpline or specific medical care. If you can’t find your employment contract or it is silent on these aspects, speak to your manager right away, check the staff handbook or speak to someone in human resources. Claim Justice team is here to guide you and will give you advice how to make sure you get whatever benefits are available to you. Speak to one of our work accident claims solicitors now and get free legal advice as to the next steps you should take.
Can I Make Work Accident Claims On Behalf Of A Deceased Person?
Yes, you might be able to make a claim on behalf of a deceased. If a family member has died as a result of a work accident, you may be able to make a claim on their behalf. If the deceased has a valid will, the executor of the estate will be responsible for pursuing any claim on behalf of the dependents. If the deceased did not have a valid will, the law sets out exactly who can make a claim following the death of a loved one. The law surrounding accident claims on behalf of a deceased can become complicated. It is highly recommended that you seek the help of a legal professional if you think you have a valid work accident claim on behalf of a deceased. Set up a free, no obligation consultation with one of Claim Justice’s claims experts , and we will help you to determine whether you can make a compensation claim for fatal injuries.
Why Should I Seek Help From A Work Accident Claims Solicitor?
It is always advisable to contact a reputed and experienced solicitor before you file a work accident claim. It is important that you understand your legal position fully, as well as your rights and responsibilities before you make this sort of claim against the person that caused you harm. Claim Justice is here to provide you with free initial legal advice on the merits and process of making your claim, and we will support you through every step of the journey once you agree to let us handle your case. Our personal injury team is available 24 hours a day, 7 days a week and will happily answer any questions you might have concerning your work accident claim.
As with all accident compensation claims, in work accident claims the most important burden of proof lies on an employee to prove that the work accident was caused as a result of another person’s negligence. Even if it was a straightforward accident in a factory for example, caused clearly by your employer’s negligence, you will still need to prove this in court to be successful in your compensation claim. Our legal team has handled work accident claims many times before, and will be able to assist you with assembling the necessary evidence for your claim in a persuasive and conclusive form.
By seeking assistance from the experienced legal professionals a Claim Justice, your entire work accident claims experience will be transformed – from a largely stressful, highly administrative experience to a relaxed, organised and efficient claims process, whereby your legal team takes over all the hard work and puts in 100 percent effort to help you win your case. At Claim Justice, our solicitors have been dealing with work accident claims for a long time; they have seen it all and done it all. By getting assistance from a legal professional with years of experience in work accident claims, it can mean the difference between a failure and a success in a ruling, or an average compensation and a maximum compensation pay-out in a successful claim.
To start your work accident claim , contact a member of the Claim Justice team at any time of day, on any day of the week, by filling out the short online form and waiting for us to call you back for free, or by calling one of our friendly injury claims handlers on 0121 565 4317. We are happy to answer any questions you might have about your potential work accident claim, without any cost or obligation on your part.