Accident at Work Compensation Claim – Your Rights

Accidents at work

Accidents in the workplace are a common occurrence, and many of these accidents could have been avoided by employers implementing the correct measures and procedures to minimise the risk of an accident at work from taking place.

If you have sustained an injury at work as a result of an accident, you may be able to make a no win, no fee personal injury claim against your employer.

If it can be established that someone else is responsible for your injury, such as your employer, a colleague, or a third party company, then you have the basis of a claim for compensation.

Beacon Law have a team of experienced accident at work solicitors who can assist you in making your injury at work claim for compensation.

If you have suffered an injury at work, it is important that you understand your legal rights. Contact us today to claim the compensation you deserve.

Your employers’ responsibilities

Safety at work is extremely important. Your employer has a duty of care towards you and is obligated by law (the Health and Safety at Work Act 1974) to provide a safe working environment.

Your employer must always provide appropriate training and where necessary the correct and suitable equipment to help you perform your duties safely.

Your employer is also under a duty to properly maintain the work environment and the equipment you use through regular risk assessments to ensure that it remains safe at all times. If an accident does occur in the workplace then your employer must report it to the Health and Safety Executive (HSE).

Health and safety laws and legislation have significantly increased the level of protection open to employees. There are numerous written health and safety regulations and laws designed to prevent accidents in the workplace and any breach of these regulations can cause accidents with undesirable consequences. The Health and Safety Executive have set out guidance on their website for employers to assist in the implementation of Health and Safety Legislation on the workplace.

If you have been injured at work as a result of your employer’s negligence, you will have grounds to make a workplace injury claim.

Common Types of Accident at Work

Accidents at work happen every day and injuries sustained can be serious. Whether you have suffered a serious brain injury, or fractured bone, contact us today to find out if you can claim for an accident.

Slips, Trips, and Falls at Work

Building Site Accidents

Manual Handling Accidents

Defective Equipment Accidents

Falls from Height

Accidents Caused by Insufficient PPE

Forklift Truck Accidents

Accidents Caused by Colleagues

To find out about making a claim for industrial injuries, have a look at this section on our website.

What should I do if I have an accident at work?

In the event you are unfortunate enough to suffer an accident at work then we would recommend that you do the following:-

• Report your accident to your supervisor or manager as quickly as possible.
• Make sure that an accurate description of the accident is written in the work accident book. Your employer is legally required to keep an accident book and you should check any entries as it may be important evidence in your case.
• If possible, take photographs and prepare a sketch of the accident area, and any equipment that was involved.
• Ensure you take the contact details of any witnesses to the accident.
• Try to find out if there have been any similar accidents or any complaints that may be relevant to your accident.
• Seek medical advice from your GP or hospital to have your work injuries assessed and treated as soon as is reasonably possible.
• Keep a record of any expenses incurred by you.
• Always seek legal advice before agreeing anything with your employer or their representative regarding the accident.
• Speak to Beacon Law to find out of you could be eligible for making a work compensation claim.

How much compensation will I receive for an accident at work?

If you have been injured in an accident at work, and you decide to make a claim, the compensation for your accident will be dependent on the type of injury and the level of pain and suffering you sustained.

It is difficult to value a claim from the outset without knowing all the details of the injury. As many injuries are complex, especially those which are ongoing, it may be necessary to obtain a medical evaluation of your injuries before we can make an estimation on the value of your injuries.

The valuation of your general damages will be based on recent case law, as well as guidelines set out by the Judicial College.

In addition to your claim for compensation for your injuries, you may also be able to make a claim for additional financial losses. Your additional losses can include the following:

• Loss of earnings if you required time off due to the accident.
• Travel costs – for travel to and from medical appointments
• Parking costs at medical appointments
• Costs of any care received
• Medical treatment costs

You should ensure that you keep all receipts and invoices for your additional losses as these will be required to prove your loss.

If your injuries suffered are severe and you have required long term treatment and a high amount of time off work, your compensation is likely to be much higher than a claim for a short term injury in which the victim recovered within a few weeks.

Some firms offer compensation calculators to help you estimate how much your claim is worth. It is worth noting, however, that these estimations are not always accurate, especially if you have not fully recovered from your injury and have ongoing expenses.

Will I be dismissed if I make a claim?

When people consider making a claim against their employer, they are often concerned that they will be dismissed or treated badly. We can however assure you that your employer is not permitted to terminate your employment or abuse you just because you have made a claim against them.

Your employer should have appropriate employers liability insurance in place which is designed to cover them in the event any of their employees are injured due to their negligence or a breach of statutory duty. You should therefore appreciate that your employer’s insurers will cover any claim, and not your employer’s directly.

How long do I have to make an accident at work claim?

There is a three year time limit for all personal injury claims. Your claim will become statute barred and you will lose your entitlement to bring a claim for compensation if you do not make a claim within three years from the date of the accident (or from the date on which you became aware that your injury was caused by an accident at work)

We would recommend making a claim as soon as possible as the deadline relates to the settlement of the case, not the initiation of the case. If the case takes longer than expected to settle, the Court may allow for an extension past the three year deadline.

Can I make an accident at work compensation claim if I was partially responsible for the accident?

If the Accident was 100% caused by you, you will be unable to make a claim against your employer as they were not responsible for your accident or injuries. If you were partially to blame for your accident, you may be able to make a claim against your employer if it can be proved that their negligence was the main cause of the accident. If you were partially responsible for the accident, the level of compensation you receive may be reduced to reflect this.

How to make an accident at work claim

If you have been injured as a result of an accident, you should get in touch with a law firm, such as Beacon Law, who specialise in Personal Injury claims. The process for making a claim against your employer will involve:

• A phone call with an experienced Personal Injury Solicitor: Your Solicitor will need you to provide your employers details, the circumstances, time and date of the accident, the nature of you injuries, and details on whether the accident was reported, or if there were any witnesses present.
• Paperwork: When you have provided your agreement to proceed with the claim on a no win, no fee basis, we will provide you with some paperwork to fill in regarding your claim.
• Claim initiation: As soon as you have provided your signed paperwork, we will contact your employer to advise them of your claim.

It is important to note that your trade union may also be able to assist you in making an accident at work compensation claim.

How long will it take to settle my case?

It is very difficult to predict how long it will take to settle any case. If your case is straight-forward, your injuries are minor, and your employer admits liability within the required time frames, it should take around 6-9 months to settle your claim.

The claims process is not always straight-forward and there are many factors which could cause a delay in settling you claim, such as an unresponsive defendant, difficulties in obtaining evidence, and serious, complicated injuries.

The timescales from the initiation of a claim to obtaining compensation will vary depending on whether your employer admits or denies liability for your accident. The seriousness of your injuries may also have an impact on the amount of time it will take for us to settle your claim.

For more information on the claims process, feel free to look at this section of our website.

No win, no fee accident at work claims

We offer all claims on a no win, no fee basis. These claims allow personal injury solicitors and their legal team to proceed with your claim with no up-front legal costs to be paid. Throughout the compensation claim process, there will be no hidden charges or payments required from the injured person.

This type of agreement helps the injured party focus on recovering from their injures without stressing about the financial risks.

If your claim is successful, you will only be required to pay a small amount from your final damages to your solicitor for their a success. These costs will be calculated as a percentage and will be discussed with you before legal proceedings start. This payment is to compensate your solicitor for their time and work put into assisting on your case.

You may also be required to pay a small fee for ATE insurance from your compensation award if your case is successful. This will all be explained to you by your solicitor before you agree to start your personal injury claim.

If your case is unsuccessful, unfortunately, you will not receive any compensation; however, you will not be required to pay us a penny.

Should I go back to work after an accident?

If you are well enough to go back to work, you should return to your workplace. If you are well enough to return to work, but decide not to, you will be unable to recover your loss of earnings for this time off when it comes to settling your claim. You may also be entitled to statutory sick pay if you need to take time off after your accident.

If you are making a claim against your employer, you may feel awkward or uncomfortable when returning to work; but you shouldn’t feel this way. Your employer breached their duty of care towards you and caused you to sustain an injury, therefore, you are entitled to make a claim against them.

The law is on your side in this regard and your employer should not trat you negatively because you are making a claim against them.

Why Choose Beacon Law to assist with your accident at work claim?

Beacon Law provides a team of highly experienced Solicitors and legal professionals. We provide a high level of service to all our clients and work hard to ensure you receive the highest level of accident at work compensation for your injuries. We are specialist Personal Injury solicitors with expertise in all types of claims, including, road traffic accidents, slips, trips, falls, and criminal injuries. Beacon Law is regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding, have a look at the funding section on our website.

To find out more about making a workplace accident, take a look at our FAQ’s.

If you have a query regarding making an accident at work claim, please do not hesitate to get in touch and we will be happy to discuss your claim with you, without any obligations.

• We deal with all types of personal injury and workplace accident claims.

For a free, no obligation initial discussion, contact us using the form at the top of the page or using our live chat facility. Alternatively, you can call us directly on 03301332857.