Can I sue if I get hurt at work?

 

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Experiencing an accident at work can be a turbulent and distressing period for a worker; injury can lead to concern over job security and income. Unfortunately, despite England and Wales having many workplace safety regulations in place, workplace injury is not uncommon. In the event you find yourself a victim of an accident at work, you may be wondering, “can I sue if I get hurt at work?”

Beacon Law is a personal injury specialist firm who are dedicated to providing legal advice with the aim of making sure workers are supported in any desire to sue an employer should they feel it is the just action to take. If you have experienced an accident at work, contact us today to find out whether you could be owed compensation. 

 

What rights exist for workers in England and Wales?

 

Unlike other countries, England and Wales do not base their worker compensation rights on a direct “Workers’ Compensation” system. Alternatively, England and Wales have various laws and compensation schemes which protect workers should they be injured by an accident.

 

The Health and Safety at Work Act 1974

This Act is a key piece of legislation that protects workers. It directs how employers should encourage and enforce a safe, healthy, and protective environment within their workplace. General duties that the Act outlines include how employers should behave towards their employees and how employees should behave themselves. Other examples of legislation that prevent harm to workers include The Manual Handling Operations Regulations 1992.

 

Employer Liability Insurance

In England and Wales, all employers must have employer liability insurance in place in the event that an employee is injured or becomes ill because of negligence.

 

Workers’ Rights and the issue of fault

As with any incident, the question of blame can jeopardise the outcome. Employees who have been injured in a workplace accident reserve the right to claim for compensation through the employer’s insurance policy. However, the right to sue directly may depend on the specific circumstances of the accident and who may be considered responsible.

A clear understanding of Workers’ Compensation in England and Wales is essential to navigating the legal process. Partnering with a trusted legal source can substantially increase the possibility of a successful accident at work claim.

When can you sue your employer for a workplace injury?

 

Employer Negligence and Breach of Duty

An employer’s negligence or a breach of duty is often the cause of an employee becoming injured whilst at work. Employer negligence can take the form of failing to provide safe equipment, failing to ensure adequate and up-to-date training, or provide a suitable working environment, which inevitably leads to an injury.

The Health and Safety Executive was established by the government in 1975 to enforce safety regulations in the workplace and frequently perform inspections of premises to maintain employer responsibility efforts.

There may also be the occasion in which an employer causes intentional harm, such as harassment or assault, which, if resulting in significant injury or long-term harm, can provide an employee with the possibility of filing a claim if desired. In the event that one employee has caused harm to another employee, an employer may be vicariously liable if the injury took place under their supervision.

The Legal Process of Suing After a Workplace Injury

An injury at work can be incredibly debilitating and cause lasting effects on your physical and mental health. The right to sue your employer after an injury that you faced at no fault of your own can help to restore a loss of earnings.

To successfully seek compensation for a workplace injury; an employee should prepare their application by gathering the necessary evidence to support the claim against the responsible party. The information involved in proving employer negligence usually includes:

  • All accident reports that were made in an accident book or that were sent to the HSE. Reporting an accident to The Health and Safety Executive is the duty of the employer, and this must be completed.
  • CCTV footage of the incident at the time it occurred, including the date and a view of the accident site.
  • Photographic evidence of any injury sustained.
  • Medical records. Many insurance companies recommend a full medical examination following a workplace accident to gain the optimal written supporting evidence for your claim.
  • Any other influential evidence which may support the personal injury claims process, such as receipts, contact details and witness statements from outside parties.

 

What are the Time Limits to this process?

 

When making a claim, proceedings should commence within three years of the date the injury occurred to prevent the claim from becoming time barred. However, The Limitation Period Act 1980 may allow exceptions to this rule if:

  • The claimant was under the age of eighteen when the accident took place. In this situation, the claimant has until their twenty-first birthday to pursue the claim.
  • The injury developed over time and was not immediately evident. The three-year rule will, in this case, begin from the date that you realised the injury was due to someone else’s negligence.
  • The injury was severe enough to have caused the mental incapacity of the victim. An extension may be allowed to compensate for lost time until they regain mental capacity.

In an effort to avoid the inconvenience of court involvement, many employers will settle a claim privately supported by a legal advisory through a settlement sum to keep costs minimal and prevent further impact on business activity.

Pre-action Protocols should be followed in both the events that a settlement is agreed upon or if court involvement is unavoidable. This supports the effective management of proceedings in any situation. Should parties neglect to partake in pre-action, they may face sanctions from the court, such as a reduction of costs to be awarded.

 

How can receiving workers’ compensation affect a potential claim?

Initially, an employee will typically receive compensation for an injury they have experienced at work under the employer’s liability insurance before deciding to take matters further and file a claim in cases involving third-party liability. In some cases, you may be able to pursue both types of claims to seek additional compensation.

If you have received any workers’ compensation benefits, it may affect the amount you can claim in a separate personal injury claim, and the employer’s insurance carrier may seek reimbursement from your personal injury claim for benefits they paid in compensation.

How can Beacon Law help you?

In the event, an employer fails to uphold their duty of care, and you experience a workplace injury as a result, you could be entitled to make a claim.

Beacon Law operates on a no-win, no-fee basis regarding all accident-at-work claims that we process, ensuring that an injured employee does not face a further disadvantage if their claim is unsuccessful. Our personal injury solicitors process all no-win, no-fee claims in a concise manner using years of industry experience to try and achieve the result you deserve.

To get in contact with one of Beacon Law’s accident-at-work lawyers, complete the contact form below to find out what compensation you may be able to receive. Alternatively, you can email info@beaconlaw.co.uk or call us at 03301332857 to get in touch.

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0161 428 1234

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0330 1332 857

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0161 239 1072

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Beacon Law

1st Floor

Shirley House

12 Gatley Road

Cheadle

Cheshire

SK8 1PY

Last Updated on January 29, 2025 by Stacey