Can I Claim for an Accident at Work?

Can you claim for an accident at work? Unfortunately, accidents in the workplace are common, though many of these accidents could be avoided by the implementation of proper safety measures. Employers have a duty of care to their employees to provide a safe and comfortable working environment and should take steps to minimise the risk of any accidents occurring. 

Experiencing an accident at work can be distressing both physically and emotionally for the victim, and you may be able to make a no win, no fee accident at work claim to compensate you for your pain and financial losses. 

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

Beacon Law has a team of experienced accident at work solicitors who can assist you in making your injury at work claim for compensation. If you have been injured in an accident at work, then please get in touch with our team today to find out how we can help you. 

Your Employer’s Responsibilities

If you are wondering if you can make a claim for an accident at work, then our team of solicitors can advise you. 

Under UK law, employers have a legal duty of care towards their employees’ health and safety at work. This duty is outlined in the Health and Safety at Work Act (HSWA) 1974. Here are some key aspects of an employer’s responsibilities regarding accidents at work:

Preventing accidents:

• Risk assessments: Employers must conduct regular risk assessments to identify potential hazards in the workplace and implement control measures to minimise risks.
• Training and information: They must provide employees with adequate training and information on health and safety procedures relevant to their roles and potential risks involved.
• Safe equipment and work environment: Employers are responsible for providing and maintaining safe equipment, machinery, and a safe working environment. This includes ensuring proper ventilation, lighting, and clear walkways.
• Personal Protective Equipment (PPE): When necessary, employers must provide appropriate PPE, such as gloves, safety glasses, or respirators, and train employees on their proper use.

Responding to accidents:

• Immediate medical care: Employers must provide immediate and appropriate first aid to injured employees until professional medical help arrives.
• Accident reporting: They are required to report specific work-related accidents and incidents to the relevant authorities, such as the Health and Safety Executive (HSE).
• Investigation: Employers should investigate work-related accidents to understand the cause and prevent similar incidents from happening in the future.

Supporting injured employees:

• Statutory Sick Pay (SSP): Eligible employees are entitled to statutory sick pay due to sickness or injury, including work-related accidents. 
• Workplace sick pay: Some employers offer additional sick pay schemes beyond the statutory minimum.
• Rehabilitation: In some cases, employers may support injured employees with rehabilitation to help them return to work safely and effectively.

It’s important to remember that these are general guidelines, and the specific responsibilities of employers might vary depending on the nature of the workplace and industry. If you would like more information on making a workplace accident claim, then please contact our team of solicitors today. 

Common types of accidents at work

Workplace accidents can vary widely depending on the nature of the job, the industry, and the workplace environment. However, some common types of accidents that occur in workplaces across different sectors include:

• Slips, Trips, and Falls: These are among the most common types of accidents in the workplace and can occur due to wet or slippery floors, uneven surfaces, inadequate lighting, or obstructions in walkways.
• Manual Handling Accidents: Injuries related to lifting, carrying, pushing, or pulling heavy objects are common. Improper lifting techniques or lack of training on how to handle heavy loads safely can lead to injuries such as strains, sprains, or back injuries.
• Falling from Heights: This is particularly common in industries such as construction, where workers may be required to work at heights on scaffolding, ladders, or roofs. Falls from heights can result in serious injuries or fatalities.
• Struck by Objects: Workers can be injured if they are struck by objects falling from height, such as tools or materials, or if they are hit by moving vehicles or machinery.
• Machinery Accidents: Accidents involving machinery can occur due to equipment malfunction, lack of guarding, or inadequate training on how to operate machinery safely. These accidents can result in crush injuries, lacerations, or amputations.
• Electrical Accidents: Workers may suffer electric shocks or burns if they come into contact with live electrical wires or faulty equipment. Poorly maintained electrical systems or lack of training on electrical safety can contribute to these accidents.
• Exposure to Hazardous Substances: Workers in industries such as manufacturing, construction, or healthcare may be exposed to hazardous chemicals, fumes, or biological agents, leading to health problems such as respiratory issues, skin irritation, or poisoning.
• Workplace Violence: Incidents of workplace violence, including physical assaults or threats from colleagues, customers, or members of the public, can occur in various settings, such as healthcare facilities, retail establishments, or offices.
• Repetitive Strain Injuries (RSIs): Prolonged or repetitive tasks, such as typing on a computer keyboard or assembly line work, can lead to RSIs, causing pain and discomfort in muscles, tendons, and nerves.

These are just a few examples of common types of accidents that can occur in workplaces. Employers have a legal duty to assess workplace risks, implement measures to prevent accidents and protect the health and safety of their employees.

What should you do if you have had an accident at work?

As with any accident at work, you should do the following after sustaining an injury at work:

• Report your accident to your manager or supervisor as soon as possible.
• Make sure that an accurate description of the accident is written in the work accident book or incident report form, including the conditions in which you suffered the accident. You may also wish to request a copy of the accident report as evidence.
• If possible, take photographs showing the accident area.
• Ensure you take the contact details of any witnesses to the accident, if possible.
• Try to find out if there have been any similar accidents or any complaints that may be relevant to your accident.
• Seek medical attention for your injuries from your GP or hospital.
• Keep a record of any expenses incurred as a result.
• Always seek legal advice before agreeing on anything with your employer or their representative regarding the accident. 

How much compensation could you receive?

If you have been injured at work and you decide to make a claim, the level of personal injury compensation awarded to you for your injuries will depend on your injuries and the level of pain and suffering you have sustained.

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

You will also be able to claim compensation for additional losses, such as loss of earnings, travel expenses and private medical treatment expenses.

You do not need to worry about the costs of making a claim if you have been injured, as a no win no fee basis claim means you will not pay any fees unless you are successful in your claim. You should also be aware that there are certain time limits in making a personal injury claim. You typically have three years from the accident to make a claim, though there are some exceptions which our solicitors can discuss with you if necessary. 

Can I be Dismissed for Making a Claim Against my Employer?

In the UK, it is illegal for an employer to dismiss an employee solely for making a personal injury claim against them. Doing so would be considered unfair dismissal and a violation of employment law. Employees have the legal right to make a claim for compensation if they have been injured due to their employer’s negligence or a breach of their duty of care.

However, it’s important to note that while an employer cannot dismiss you solely for making a personal injury claim, they can terminate your employment for other legitimate reasons, provided they follow proper procedures and do not discriminate against you for exercising your legal rights. If you believe you have been unfairly dismissed or subjected to detrimental treatment because of your accident claim, you may have grounds for legal action, and it’s advisable to seek advice from an employment law solicitor.

How can Beacon Law assist?

If you are wondering if you can claim for an accident at work, then our law firm’s specialist team of solicitors can assist you. We have helped many of our clients obtain the accident at work compensation they deserve for their injuries sustained as a result of negligence.

We have years of experience in assisting those who have experienced all types of injuries. We deal with personal injury claims on a daily basis and have vast experience in injury-related cases. To find out more about the claims process then, please get in touch today. 

You can request an initial consultation by completing the online help form, and an experienced solicitor will contact you to discuss your case. Alternatively, you can call us on 0330 1332 857, and we will be happy to assist you with your query.

Beacon Law are authorised and regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding options, have a look at the funding section on our website.