Making an Injury at Work Claim: Your Right to Claim

Common causes of accidents at work

There are many types of accidents that can lead to serious injuries at work. The following are some examples:

• Slips, trips, and falls: These can occur due to wet or uneven surfaces, poor lighting, or cluttered walkways.
• Manual handling: Improper lifting, carrying, or moving of heavy objects can lead to strains, sprains, or other musculoskeletal injuries.
• Machinery accidents: Inadequate training, lack of maintenance, or misuse of machinery and equipment can result in accidents such as cuts, crush injuries, or entanglement.
• Falls from height: Working at heights without proper safety precautions or equipment can lead to serious injuries or fatalities.
• Workplace violence: Incidents involving physical assault, threats, or harassment can occur in various work settings, leading to injuries or psychological harm.
• Vehicle accidents: Whether it’s on-site vehicles like forklifts or company vehicles used for transportation, accidents can happen due to speeding, reckless driving, or lack of attention.
• Electrical accidents: Contact with live wires, faulty equipment, or improper use of electrical tools can result in shocks, burns, or electrocution.
• Fire and explosions: Poorly maintained electrical systems, flammable materials, or inadequate safety measures can lead to fires or explosions in the workplace.
• Chemical exposure: Contact with hazardous substances, improper handling, or inadequate ventilation can cause chemical burns, respiratory issues, or poisoning.
• Lack of proper training and safety protocols: Insufficient training on safety procedures, lack of awareness, or failure to follow established protocols can contribute to a wide range of workplace accidents.

Common injuries suffered at work

Common injuries suffered from accidents at work can include:

• Sprains and strains: Often caused by overexertion, improper lifting, or repetitive motions.
• Fractures: Resulting from falls, impacts, or accidents involving machinery or equipment.
• Cuts and lacerations: Typically caused by sharp objects, tools, or machinery.
• Bruises and contusions: Resulting from impacts or collisions with objects or surfaces.
• Burns: Caused by heat, chemicals, electricity, or fire-related incidents.
• Back injuries: Including strains, sprains, or herniated discs due to lifting heavy objects or improper ergonomics.
• Head injuries: Such as concussions or traumatic brain injuries resulting from falls, impacts, or accidents involving moving objects.
• Repetitive strain injuries (RSIs): Including conditions like carpal tunnel syndrome, tendonitis, or bursitis caused by repetitive motions or poor ergonomic setups.
• Respiratory problems: Resulting from exposure to hazardous substances, chemicals, or poor air quality.
• Psychological injuries: Such as post-traumatic stress disorder (PTSD), anxiety, or depression resulting from workplace accidents, violence, or traumatic events.

Your employer’s responsibility to prevent accidents

Employers have a legal obligation to prevent accidents at work as outlined in the legislation previously mentioned. This responsibility encompasses several key aspects.

Firstly, employers must maintain a safe working environment, ensuring that it is free from hazards to the best of their ability. This involves conducting thorough risk assessments to identify potential risks and implementing appropriate measures to control or eliminate them.

Additionally, employers are required to provide adequate safety measures and procedures, including training, supervision, and necessary safety equipment, to protect employees from harm.

Furthermore, employers must ensure that employees receive relevant information, instruction, and training regarding health and safety regulations. They should also consult with employees or their representatives on such issues.

It is essential for employers to report certain accidents, injuries, diseases, and dangerous occurrences to the appropriate authorities, such as the Health and Safety Executive (HSE).

Regular inspections and maintenance of the workplace, machinery, personal protective equipment, and systems are crucial to identifying and addressing potential hazards or defects.

What should you do if you have been injured at work?

If you have been involved in a workplace accident, it is important that you report 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 an accident in it 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. This can include photographs or a sketch of the accident and equipment involved, as well as statements from any witnesses of the incident. You should also contact your insurance company to notify them of the incident.

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. 

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

How much compensation could you receive?

Compensation for an accident at work claim varies depending on various factors, including the severity of your injuries, the impact on your life and ability to work, and the circumstances surrounding the accident. Compensation typically covers damages such as medical expenses, lost wages or earning potential, pain and suffering, and any ongoing care or rehabilitation needs. 

To determine the specific amount of compensation award you may be entitled to, please get in touch with our no win, no fee accident at work solicitors. They can assess your case, consider all relevant factors, and provide guidance on the potential compensation you could receive.

What are the time limits for making a claim?

In the UK, there are time limits for making an accident at work claim, which are typically governed by the Limitation Act 1980. Generally, you have three years from the date of the accident or the date when you became aware of your injury to file a claim. This is known as the limitation period. However, there are some exceptions and nuances to this rule:

• Minors: If the accident victim is under 18 years old at the time of the incident, they have three years from the date of their 18th birthday to make a claim.
• Mental Capacity: If the accident victim lacks the mental capacity to make a claim, there may not be a time limit until they regain capacity.
• Industrial Diseases: For conditions developed over time due to exposure to hazardous substances or working conditions (e.g., asbestos-related diseases), the three-year period may start from the date of diagnosis rather than the date of exposure.
• Fatal Accidents: In cases of fatal accidents at work, the family or representatives of the deceased typically have three years from the date of death to make a claim.

It’s crucial to seek legal advice as soon as possible after an accident to ensure compliance with these time limits. Failing to file a claim within the specified time frame could result in the loss of your right to compensation. Additionally, gathering evidence and building a strong case may become more challenging as time passes.

Can you lose your job by making a claim?

It is illegal for an employer to terminate an employee’s employment solely because they have made a claim for an accident at work. Doing so would constitute unfair dismissal and could lead to legal consequences for the employer.

The Employment Rights Act 1996 protects employees from unfair dismissal, including situations where they exercise their legal rights, such as making a claim for compensation following an accident at work. If an employer dismisses an employee in retaliation for making a claim, the employee may have grounds to bring a claim for unfair dismissal to an employment tribunal. Employees are also entitled to statutory sick pay while off work. 

How can Beacon Law assist you?

If you have suffered an injury at work, a workplace accident claim may help you to get your life back on track. Beacon Law is a leading law firm of accident at work solicitors, offering expert legal advice and a range of personal injury claim services to our clients. We provide a high level of service to all our clients and work hard to ensure they receive the appropriate treatment and highest level of compensation for their injuries.

We provide all injury at work claims on a no win no fee basis. This means that we can help you get the compensation you deserve without you having to worry about the costs of making a claim.

If you require advice for an injury at work claim, please contact us on 0330 1332 857. Alternatively, please complete our online form, and a one of our injury at work solicitors will contact you to help you start your claim.

Beacon Law are a Solicitors registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.