Injury at Work Compensation Claim: Your Rights

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Work injuries can happen under varying circumstances regardless of the precautions in place. 

Accidents at work can result in life changing injuries and it can be particularly traumatic if you are worried about making a claim against your employer. It can result in long term physical, psychological, and financial impacts on your life.

However, it is important to recover the injury at work compensation for your injuries, especially if it is caused by your employer’s negligence. 

It is best to get legal advice from as soon as possible after an accident if you wish to receive an accident at work compensation because there are time limits. 

What are common types of accidents at work?

Employees have the right to a safe working environment, but this isn’t always the case. People in certain professions are more likely to suffer from workplace accidents than others. The risks depend on the type of work being done and the environment its being carried out in. There is a greater chance of an accident occurring when there are more risk factors. 

According to the Health and Safety Executive (HSE), workers in agriculture, fishing, and forestry were more likely than other workers to suffer an injury in the last 12 months. Construction was deemed to be the second highest dangerous trade, while manufacturing is also another comparatively unsafe industry.

The HSE revealed that the most dangerous types of injuries leading to death in the workplace are:

The most common types of accidents involve:

  • Accidents in construction or building sites
  • Factories or warehouse operatives and forklift drivers
  • Heavy machinery or defective and faulty equipment 
  • Harmful environment or toxic substances 
  • Assault at work 
  • Slips and trips in the workplace 
  • Inadequate safety training and insufficient risk assessment 
  • Inadequate protective clothing 

What kind of injuries can you sustain from work accidents?

Injuries can be particularly severe, or minor depending on the situation and can range from:

  • Minor lacerations
  • Sprains
  • Head and spinal injuries 
  • Loss of sight or hearing
  • Paralysis 
  • Broken bones
  • Amputations
  • Severe burns and scalding
  • Fatal injuries

Your Right to claim injury at work compensation

Under the Health and Safety Work Act, employers have a duty of care for keeping workplaces safe. In the UK, business owners and employers are legally required to have Health and Safety regulations in place for the welfare and well-being of their staff, including any visitors to their premises. 

Unfortunately, safe working practises aren’t always followed so accidents do occur. Often, this leads to serious injuries and sometimes even the loss of life. 

If your injury was caused by faulty equipment, lack of protective clothing, or insufficient training, you can claim for compensation. Any accidents caused by hazardous working conditions or lack of maintenance will make your employer liable for injuries sustained. 

All businesses must hold a compulsory Employers Liability Insurance to ensure they meet those guidelines, so that any compensation may be paid from the insurance. 

Injuries at work can be prevented if employers keep on top of potential hazards which will be less likely to cause harm. Your employer has not fulfilled their duty of care if they are:

  • Not carrying out appropriate risk assessments
  • Not providing sufficient personal protective equipment 
  • Not maintaining equipment and machinery efficiently 
  • Not enforcing health and safety regulations
  • Not training employees appropriately on how to use machinery and carry out practises safely 
  • Not ensuring the workplace is free of hazards, such as liquid spills
  • Not displaying appropriate hazard warning signs such as ‘wet floor’ signages 

On these occasions, you can make an accident at work claim. Our highly experienced team of personal injury solicitors can provide you with legal advice and assess how much compensation you may be entitled to.

Is your employer responsible for your accident at work?

Even if your accident was caused by a colleague’s actions, you can still make an injury at work claim. Every employer must have employer’s liability insurance by law to ensure that they can pay compensation without it affecting the company financially. 

When should you report your accident at work?

After suffering from an accident at work, the first thing you should do is seek medical attention immediately. Make sure to see the first aider at work to get treated or A&E if it is urgent. Then make an appointment with a healthcare professional or your GP as this will prove the extent of your injuries and help your case. 

If you are self-employed, you should inform the Health and Safety Executive and find the nearest local urgent care services. You could make a claim if you do hold an income protection insurance, otherwise there may be other benefits you are entitled to. 

When you have reported your injury, your manager should record it in the accident book, and this will prove to be an important piece of evidence in your personal injury claim. 

Accident books should hold the following information including:

  • Name and contact details of the injured person
  • Name and contact details of the person reporting the accident
  • Details of the accident including date, time, location
  • Details of the injuries sustained and what actions were taken to help the individual 
  • How the accident happened in the form of CCTV or photographs

Prior to the accident, if you noticed something that could have potentially posed a threat to your safety and reported it to your manager, it would show that you raised the issue, and they didn’t take action.

Taking photographs of the scene of the accident and your injuries will also help your solicitor. It may also help to put together a list of your symptoms and how they have affected your daily life. Having records of the accident will be useful if you need to make a claim for benefits, including Statutory Sick Pay (SSP).

Gathering witness statements and recording all expenses and financial losses related to your injury will also strengthen your case. 

Why should you make a claim for injury at work compensation?

When you suffer an injury, it is likely that you may not be able to continue working and then you cannot pay your bills. This means you could end up facing financial difficulty. 

Although it can be complicated and take some a long time, making a claim for compensation will help recover your costs and remove the stress and anxieties you may have about the costs of living. 

You are also entitled to justice because you should always be protected at work. By making a claim, you could also highlight any issues which caused the injury. Your employer can then make changes to address it to make the workplace safer for everyone working there. 

When filing an injury at work compensation claim, it is recommended to contact an experienced solicitor so that they can give you the advice you need. If you are a member of a trade union, you should contact your local representative or check their website to get in touch. They may be able to help you decide what to do and attend meetings with you to support you. 

Solicitors can make a huge difference to the success or failure of your claim and to the amount of compensation you receive. Our experienced work accident claims lawyers have dealt with injury at work compensation claims for years. 

The most important aspect of filing a claim is proving that the injury was caused due to negligence. It is important to appoint an accident at work solicitor who will be able to assist you in gathering evidence and present it in a convincing way. 

Can I claim injury at work compensation if the injury at work is partly my fault?

In certain circumstances, it is still possible to make a claim. Contributory negligence means that you and your employer can both choose to accept a share of the blame. Any compensation you are awarded will then be spilt according to the most responsible party. If you were partially responsible for the accident, the level of compensation you receive will be reduced to reflect this. 

If the Accident was 100% caused by you (e.g., you ignored safety guidance and then had an accident), you will be unable to make a claim against your employer as they were not responsible for your accident or injuries. 

How much injury at work compensation will I receive?

The amount of compensation depends on the extent of your injuries and nature of the accident. Compensation considers the impact it has on your life and the chances of making a full recovery so life-changing injuries will be paid higher. 

Other different factors that may affect the value of your claim might be loss of earnings or any medical expenses you may incurred. The purpose of compensation is to try get you back as far as possible to the life you had before the injury so you can move on with your life.

Compensation calculators are available online which can give you a rough idea of the compensation award you will get. There are categories for various injuries which are set out by the Judicial College, so previous compensation claims are used as a guide to provide estimates for compensation at work claims. 

It is generally divided into two categories: general and special damages. 

General Damages – This term refers to the amount of compensation you could receive for your physical pain, suffering and loss of amenity so if you are no longer able to take part in your favourite hobbies or sports. 

 

Special Damages – Special damages are any direct financial losses that you may have suffered because of your accident and subsequent injuries. In most circumstances, these will include loss of earnings up to the settlement, future loss of earnings, medical treatment costs, travel costs or the costs of care.

 

How long can you claim after an accident?

Generally, you have up to three years after the date you discovered your injuries were caused by the accident at work. If you were injured before you turned 18, then you can claim up to your 21st birthday. 

The three-year deadline begins from the date the accident occurred, or from the day in which you realised that your injury was associated with the workplace accident. 

In the case of fatalities, the three-year limitation commences from the date of death. If a post-mortem was held and the death was only discovered and diagnosed after, then it begins from the date it was discovered during the post-mortem. 

If, however, someone dies during the process of making their work accident claim, the three-year deadline begins from the date the person died. 

There is no limit on compensating on behalf of a loved one who has not got the mental capacity to make the claim themselves, following a traumatic brain injury for example.

Each and every personal injury compensation claim will proceed differently depending on the employer’s reactions. While some are settled amicably within months, others can take many years.  

No Win No fee injury at work compensation

We handle all personal injury cases on no win no fee basis. This means that if the case was lost, there will be no cost to you, so you won’t have to face any financial risk. 

No Win No Fee (also known as contingency or conditional fee agreement) means you do not need to pay legal fees upfront. If a solicitor takes on your case and does not win any compensation, you simply do not pay them any fees. 

Typically, customers pay 25% (or less) of the amount of compensation received to recover the solicitor’s work, although this depends on your individual needs. 

Why Choose Beacon Law?

Beacon Law are a law firm that 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 injury at work compensation. 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.

 

If you have been injured at work, then please call us today on 0330 1332 857 to start your claim or fill in our contact form to request a call back. 

 

To find out more about making an injury at work claim, take a look at our FAQ’s.

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Cheadle

Cheshire

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