Making a claim for an injury at work

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Suffering an injury in the workplace can be a challenging and distressing experience. Whether it is a minor incident or a more serious accident, it is crucial to understand your rights and options for seeking compensation and support. Making a claim for an injury at work is a process that requires careful consideration and adherence to specific procedures.

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

Common types of accidents in the workplace

Workplace accidents can vary widely depending on the nature of the work and the industry. However, some types of accidents are more common across different workplaces, such as:

  • Slips, Trips, and Falls: These are among the most common types of workplace accidents and can occur due to wet or slippery floors, uneven surfaces, cluttered walkways, inadequate lighting, or improper footwear.
  • Struck by Objects: Workers can be injured when they are struck by falling objects, moving machinery, or vehicles. This can happen in construction sites, warehouses, manufacturing plants, and other workplaces where heavy objects are handled.
  • Caught in or Between Objects: Workers may get caught in machinery, equipment, or between objects, leading to crush injuries, amputations, or fatalities. This can happen if safety guards are missing or if workers are not adequately trained in operating machinery.
  • Repetitive Strain Injuries (RSIs): Jobs that involve repetitive motions or awkward postures can cause RSIs such as carpal tunnel syndrome, tendonitis, or bursitis. This is common in assembly line work, data entry, and other tasks that require repetitive movements.
  • Electrical Accidents: Workers can suffer electric shocks, burns, or electrocution when working with faulty wiring, exposed electrical parts, or improperly grounded equipment. This is particularly prevalent in the construction, maintenance, and electrical engineering industries.
  • Chemical Exposures: Exposure to hazardous chemicals or toxic substances can cause skin irritation, respiratory problems, chemical burns, or long-term health issues. This can occur in laboratories, manufacturing plants, and other workplaces where chemicals are used or produced.
  • Fires and Explosions: Workplace fires and explosions are extremely dangerous occurrences and can result from faulty equipment, improper storage of flammable materials, electrical faults, or human error. They pose a significant risk in industries such as manufacturing, mining, and construction.

What to do if you have suffered an injury at work

If you are unfortunate enough to have been involved in a workplace accident, it is important that you begin by reporting the accident to your manager. It is also important to ensure that details of your accident are recorded in the accident book at your workplace. It is a legal requirement to have a work accident book and reporting the accident will be vital evidence in your accident at work compensation claim.

Following the workplace accident, we also recommend that you gather further evidence of the accident. You should also contact any relevant insurance companies and notify them of the accident.

You should seek medical attention as soon after the workplace accident as possible; recording details of your accident in official medical records will significantly strengthen your claim of compensation for an injury. At Beacon Law, we have a team of accident at work solicitors who specialise in accident claims, so get in touch today to begin your claim for compensation.

It is recommended that you seek legal advice from a solicitor before agreeing to anything with your employer following the workplace accident.

Your Employer’s responsibilities

Safety at work is extremely important. Your employer has a duty of care towards you and is obligated by law to provide a safe working environment in which you can work.

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 equipment you use to ensure that it remains safe at all times.

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 in the workplace.

What are the time limits for an accident at work claim?

Before starting your claim for compensation, 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 to commence proceedings for claiming compensation.

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 21st birthday to make their workplace 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 accident at work claim. Rather than being limited to making a claim within 3 years from the date of the incident, the claimant is entitled to begin their compensation claim at any moment in time once they regain the mental capacity to do so.

Making a claim for an injury at work

During your initial consultation, our specialist solicitors will provide you with legal advice about workplace injury claims and will inform you about the relevant limitation rules.

Our personal injury lawyers will then ask you for details about your accident and the initial injuries that were suffered as a result. This will help our injury lawyers to assess the likelihood of your claim being successful.

During these initial stages of your claim for compensation, it is vital that you gather the relevant evidence to support your claim. Relevant evidence may include CCTV footage of the incident, medical records, accident books, photographs of your injuries, and witness statements.

Your personal injury solicitor may also ask that you undergo an official medical examination in order to receive medical reports about the injuries that you have sustained. These medical reports will provide vital medical evidence of the nature and extent of your injuries. Even if you have received other medical care prior to starting your workplace accident claim, a more thorough medical assessment may still be needed to produce detailed, accurate, and reliable medical reports.

If we think that your workplace injury claim would be likely to succeed, we will offer a no win, no fee basis; if your claim is unsuccessful, you will not be required to pay any legal fees.

How long does an accident at work claim take?

The time that it will take to settle your personal injury claim can vary based on the nature of the injuries suffered, the responsiveness of the defendant, and whether or not your employer accepts liability.

If your employer accepts liability for the fact that you’ve been injured at work, and if your injuries are minor, we would aim to settle your claim within six to nine months. If, however, your employer is unresponsive, you have long term complicated injuries, or there is difficulty obtaining evidence, your claims process could take longer.

Could I lose my job if I pursue an accident at work compensation claim?

There is no need to worry about losing your job when you begin your personal injury claim. If you have been injured at work, you are legally entitled to seek compensation for your injuries. If you feel that your job is at threat, or you have lost your job as a result of claiming compensation for an injury, you may also have a claim for unfair dismissal.

At Beacon Law, we endeavour to proceed with your personal injury claim in a constructive way with your employer, ensuring that there are no grounds available to the employer to dismiss you.

How much does a claim for an accident at work claim cost?

At Beacon Law, we use a Conditional Fee Agreement (CFA) – a type of ‘no win, no fee’ agreement. By making your claim on a ‘no win, no fee’ basis, the financial risks of bringing a claim are significantly reduced.

If your claim for compensation is unsuccessful, you will not be expected to pay any legal fees. If you win your personal injury claim, an agreed percentage of the damages awarded will be taken as a success fee, which, at our law firm, is limited to 25%.

If you are part of a trade union, you may not incur any costs when claiming compensation for an accident at work, as your trade union may fund your claim instead.

How much compensation could I receive?

The amount of compensation awarded will aim to put the claimant in the position they were in before the accident that resulted in their injuries took place. The amount of compensation awarded will depend on the pain and suffering caused by the injury, as well as the severity.

General damages that could be awarded will also depend on the impact that the injuries have had on the claimant’s daily life, whether any long term care is needed, and whether any structural adaptations need to be made to the claimant’s home in order to assist their new way of living.

Special damages will also be awarded to compensate for any further financial loss that the claimant has suffered as a result of their original injury. This could include compensation for a loss of earnings due to the time spent off work, loss of future earnings if the claimant has been forced to take time off work, the cost of medical treatment, travel costs, and the cost of ongoing care if this is needed.

We advise that you keep evidence of all financial losses suffered as a result of your injuries. This could include receipts and invoices from medical treatment and evidence of any loss of earnings. You will also be entitled to statutory sick pay which this evidence will help to prove.

How Beacon Law can assist when making a claim for an injury at work

 If you are thinking about making a claim for an injury at work, Beacon Law can be your source of support and will help you recover the sum of compensation that you deserve. We understand that the process of making a personal injury claim can be difficult, so we will be there to guide you every step of the way.

After suffering an injury, we believe you should be entitled to the best possible medical care and support, and we endeavour to provide this to our clients. Due to our association with medical professionals, we are able to provide you with private physiotherapy and rehabilitative treatment to assist you in your recovery.

Our personal injury solicitors will provide expert legal advice for many types of claims, including injuries arising from an accident at work, road traffic accident claims, medical negligence claims, and many more.

We value each client that we have the pleasure of working with, listen carefully to our client’s wishes, and aim to complete your claim in a timely manner so that you can receive the compensation that you deserve as soon as possible.

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.

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