How to Claim for an Accident at Work

How to Claim for an Accident 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. Experiencing an accident at work can be distressing and disruptive, both physically and emotionally.

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

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, claim the compensation you deserve today.

Your employers’ responsibilities

Ensuring workplace safety is important. Your employer bears a duty of care to prioritise your well-being by maintaining safe working conditions and fostering a healthy environment.

It is imperative for your employer to provide appropriate training and, when necessary, provide suitable equipment to facilitate your tasks safely. Additionally, your employer must undertake the responsibility of adequately maintaining both the work environment and the equipment utilised, thereby ensuring ongoing safety.

Healthy 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, such as the Safety at Work Act 1974, that are designated to prevent accidents in the workplace.

The Health and Safety Executive have set out guidance on their website for employers to assist in the implementation of Health and Safety Legislation in the workplace.

If you’ve 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 accidents that lead to workplace accident claims

Several common types of accidents can lead to work-related injury claims. These include:

1. Slips, Trips, and Falls: These accidents often occur due to wet or slippery floors, uneven surfaces, cluttered walkways, or inadequate lighting. Slips, trips, and falls can result in injuries ranging from minor bruises to severe fractures or head injuries.
2. Manual Handling Injuries: Lifting, carrying, pushing, or pulling heavy objects without proper training or equipment can lead to strains, sprains, and musculoskeletal injuries. Improper lifting techniques and overexertion are common causes of manual handling injuries.
3. Falls from Heights: Working at heights, such as on ladders, scaffolding, or roofs, poses a significant risk of falls. Failure to use appropriate fall protection equipment or inadequate safety measures can result in serious injuries or fatalities.
4. Machinery Accidents: Operating machinery and equipment without proper training, maintenance, or safety guards can lead to accidents such as crush injuries, amputations, or entanglement in moving parts.
5. Falling Objects: Workers can be struck by objects falling from shelves, scaffolding, or overhead platforms. Failure to secure objects properly or inadequate protective measures can lead to head injuries, fractures, or other serious injuries.
6. Vehicle Accidents: Workers involved in transportation activities, such as driving company vehicles or operating forklifts, are at risk of accidents resulting from collisions, overturns, or pedestrian accidents.
7. Electrical Accidents: Contact with live wires, faulty electrical equipment, or improper use of electrical tools can lead to electric shocks, burns, or electrocution.
8. Chemical or Hazardous Substance Exposure: Improper handling or exposure to toxic chemicals, gases, or hazardous substances can cause respiratory problems, skin irritation, burns, or long-term health issues.
9. Repetitive Strain Injuries (RSI): Performing repetitive tasks or using improper techniques can lead to RSIs such as carpal tunnel syndrome, tendonitis, or bursitis.

These are just a few examples of the types of accidents that can occur in the workplace and may lead to injury claims. Employers have a legal responsibility to assess and mitigate these risks to ensure a safe working environment for their employees.

What should I do following an accident at work?

As soon as an accident occurs, report it to your employer or supervisor. Many workplaces have specific procedures for reporting accidents, such as an accident book. Make sure to provide details about how the accident happened, the date and time, and any witnesses present.

If you’ve been injured, it is crucial to seek medical attention promptly. Even if your injury seems minor at first, it is essential to document it properly. Your medical records will serve as important evidence for your claim.

Keep detailed records of the accident, including photographs of the scene, your injuries, and any relevant documents such as accident reports or medical records. This documentation will support your claim and provide evidence of the circumstances surrounding the accident.

Consider seeking advice from legal experts specialising in workplace accidents and personal injury claims. They can provide valuable guidance on your rights and options for seeking compensation.

How to make an accident at work claim

Making a claim for compensation can seem overwhelming, especially if you are unfamiliar with the processes involved. To start your claim, reach out to Beacon Law using the provided contact information or fill out the form for a call back from a solicitor. They will guide you through the process and answer any questions you may have.

Then, on matters where we can act on your behalf, we will contact the defendant. Our communication to the defendant will consist of a notification of the claim and a request for their stance on liability alongside any evidence we may have at the time.

Whilst we await the defendant’s response, we will collect more evidence. Further to the information which you have already provided us, we can note more details regarding the claim and begin to build a case. At this point, we can contact witnesses for statements to support your claim.

Once the defendant responds, we will assess their position on liability. In ideal situations, a defendant will accept our position on liability and propose a settlement. From this point, we can negotiate a settlement figure.

Sometimes, the defendant will deny liability, and we will be required to continue communications. If it gets to a time when we believe that the case is not proceeding efficiently as a result of the defendant’s offers or behaviour, we can issue the claim.

This means that we will start working towards a hearing in court. However, a hearing is not guaranteed, and it is likely that the claim could settle before we reach the hearing itself. In some circumstances, the case may proceed to a court hearing.

If our clients have any questions regarding the legal process, we are always more than happy to provide them with any further information which they may require.

For more details on the claims process for a claim, please see our page on this specifically.

How much compensation could I receive?

The amount of compensation you receive for your injury will vary depending on a number of factors. We will base the valuation of your general damages on recent case law, as well as guidelines set out by the Judicial College.

You will also be able to make a claim for special damages, which include additional financial losses sustained as a result of your injuries. These can include:

• Loss of earnings if you required time off due to the accident or if you have been required to change or leave your employment as a result.
• Travel costs – for travel to and from medical appointments.
• Parking costs at medical appointments.
• Care and Assistance compensation for any paid or additional unpaid care required as a result of the accident; this can include care provided by a family member.
• Medical treatment costs.
• Costs of making any required adjustments to your home as the result of your injuries.

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

No Win, No Fee claims

At Beacon Law, we offer our services on a no-win, no fee basis. This type of funding means that, in most circumstances, you will not be required to pay anything if your claim is unsuccessful. In some cases, interim payments can be obtained during the case to assist with legal fees.

If your claim is successful, we will deduct a percentage of your compensation to cover our fee, and a small amount will also be deducted to cover the cost of an After the Event Insurance Policy. To find out more about our fees, have a look at the funding section on our website.

Time limits for accident at work claims

Before starting your claim, it is important to note that there are strict time limits on personal injury claims. From the date of the accident that caused the injuries, the injured party will have 3 years in which to commence proceedings for claiming compensation for an accident at work.

It must be noted, however, that there are some exceptions to this rule:

For example, if the claimant was under the age of 18 at the time of the incident, they have until their 21^st birthday to make their compensation claim. In the meantime, provided that the claimant is still under the age of 18, a litigation friend such as a parent, guardian, or close family member could claim compensation on their behalf.

Another exception to the 3 year time limit occurs when the claimant who has suffered an injury does not have the mental capacity to begin their compensation claim. In this case, a close family member or friend can claim on their behalf.

Why choose Beacon Law?

Beacon Law are a law firm of specialist personal injury solicitors. We have helped many of our clients obtain the compensation they deserve for their injuries sustained as the result of an accident at work, road traffic accidents, accidents in public places, and accidents whilst receiving medical treatment.

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. If you are wondering how to claim for an accident at work, 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.