Workplace Accident Compensation Claims – FAQs
Find out how much your personal injury claim may be worth
What is Workplace Accident Compensation?
Workplace accident compensation claims arise as a result of an employee suffering an injury or illness at work due to an employer’s negligence. If you have been involved in an accident at work, you may be able to make a personal injury at work claim for compensation if it can be proved that your employer’s negligence was the cause of your accident. Contact us today to speak to our team of accident at work solicitors and get the compensation you deserve.
Who is Responsible for a Workplace Accident?
It is your employer’s responsibility to provide safe work conditions. Your employer is under a strict duty to ensure health and safety at work. Your employer’s duties include:
- Providing the appropriate training for each task
- Conducting risk assessments
- Providing correct and suitable equipment to help you perform your duties safely.
- Ensuring the work environment and the equipment you use are properly maintained and free from defects to ensure that it always remains safe.
Health and safety laws and Legislation have greatly improved the level of protection to employees. There are many written health and safety regulations and laws designed to prevent accidents in the workplace. Any breach of these regulations can result in accidents and injuries 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 on the workplace.
If you have been injured because of your employer’s failure to implement and follow the relevant health and safety regulations, you may be able to make a work injury compensation claim.
You will not be able to make a claim for an accident against your employer if you were 100% responsible for your accident; however, if you were only partially to blame for the incident, you may still be able to bring a claim.
How Common Are Workplace Accidents?
Workplace accidents are very common, especially for those who work in risky environments, such as construction sites, or those regularly undertaking manual handling tasks in the workplace. Many accidents in the workplace are avoidable, and the level of workplace accident compensation claims could be reduced if employers implemented the correct procedures and measures to mitigate the risk of accidents in the workplace taking place.
What Are the Most Common Types of Workplace Accident?
The most common accidents which happen in the workplace include, accidents on building sites, forklift truck accidents, manual handling accidents, slips, trips and falls, falls from height, defective equipment accidents, accidents as a result of PPE not being provided, and accidents which were caused by another colleague.
What Should I do After a Workplace Accident?
Even if you do not intend on making a workplace accident compensation claim, you should do the following after an accident at work:
- Report the accident to a manager or supervisor straight after the accident.
- Ensure that an accurate description of the incident and your subsequent injuries are written in the accident report book. Your employer is legally required to keep a log of all accidents in the workplace. You should also request a copy of the accident report to ensure all the details are correct.
- If possible, take photographs and prepare a sketch of the accident area, and any equipment that was involved.
- Ensure you take the names and contact details of any witnesses to the accident.
- Try to find out if there have been any similar accidents or any complaints that may be relevant to your accident.
- Seek medical attention from your GP or hospital to have your injuries assessed and treated as soon as possible.
- Keep a record of any expenses incurred by you.
- Always seek legal advice before agreeing to anything with your employer or their representative regarding the accident.
- Contact Beacon Law to speak to one of our personal injury solicitors about making a claim against your employer.
Who Will Pay my Workplace Accident Compensation?
If your accident at work injuries were caused due to your employer’s negligence, or unsafe working practices, the claim would be brought against your employer. Your employer should have a suitable Employers Liability insurance policy in place. If your claim is successful, in most cases, your employer’s insurance company will be required to make payment of your workplace accident compensation.
What Information Will I Be Required to Provide When Making a Workplace Accident Compensation Claim?
When initiating a claim against your employers, we will be required to send them a claim form, providing sufficient information so that your employers can investigate the claim and provide their decision on liability. We will require specific information from you so that we can detail our allegations within the claim form. We will require:
- The date and time of the accident.
- As much information as possible regarding the accident circumstances. If you were able to obtain any photographs of the scene of the accident, or if you can provide a detailed sketch of the area of the accident, these would be very helpful to your case.
- Details of your injuries and any photographs of your injuries.
- Names and contact details for any witnesses to your accident.
- A copy of the accident book entry if you were able to obtain a copy of this.
- Details of any medical treatment you obtained as a result of your injuries.
- Dates of any time off work you required as a result of your injuries.
- Details and evidence of any financial losses you sustained as a result of your injury, such as payment for medical treatment or loss of earnings if you had to take any time off work.
Will I be Required to Attend Court?
We will usually try to settle your case without having to go to Court; however, in some cases, we cannot reach an agreement with the Defendant, and the case proceeds to a trial. In these circumstances, you may be required to attend Court to provide evidence.
How Long Will It Take to Receive Workplace Accident Compensation?
Compensation is usually received at the end of a case; however, an interim payment may be obtained prior to settlement of your case if your employer has admitted liability for your accident and injuries.
It can be difficult to predict how long it will take to settle any case. Some straight-forward cases take around 6-9 months to settle, whilst others take much longer to settle.
The claims process is not always straightforward, and there are many issues which could cause a delay in settling your claim, such as an unresponsive Defendant, difficulties in obtaining evidence, and serious, complicated injuries.
The timescales from the beginning of a claim, to obtaining compensation will vary depending on whether your employer admits or denies liability for your accident. The severity of your injuries may also have an impact on the amount of time it will take for us to settle your claim.
For more information on the claims process, feel free to look at this section of our website.
Will I Lose My Job If I Make a Workplace Accident Compensation Claim?
When people consider making an accident at work claim against their employer, they are often worried about being dismissed or mistreated because of the claim.
It is against the law for your employer to end your employment or to treat you any differently simply because you are making a claim against the company. If you have experienced any unfair treatment as a result of a claim you brought against your employer, you should consider speaking to your trade union, Citizens Advice, or a specialist employment solicitor.
How Much Compensation Will I Receive?
If you have been injured at work, and you decide to make a claim against your employer, the amount of compensation awarded to you for your injuries will be reliant on the type of injury and your sustained level of pain, suffering, and loss of amenity.
It is very difficult to provide a valuation on a claim without knowing all the details of the injury. As many injuries are complex, especially those which are ongoing, it may be necessary to obtain a medical evaluation of your injuries before we can make an estimation on the value of your injuries.
The valuation of your general damages will be based on recent case law, as well as guidelines set out by the Judicial College.
In addition to your claim for compensation for your injuries, you may also be able to make a claim for additional losses, these are known as Special Damages. Your additional losses can include the following:
- Loss of earnings if you required time off due to the accident.
- Travel costs – for travel to and from medical appointments
- Parking costs at medical appointments
- Medical treatment costs
- Costs of any care received
It is important that you keep all receipts and invoices for your additional losses as these will be required to prove your loss.
We conduct the majority of our claims on a no win, no fee basis meaning that if your case is successful, we will deduct a success fee, which is capped at 25%, from your final award of compensation. We may also be required to deduct additional fees, such as the cost of an ATE policy. This will be discussed with you in your initial consultation.
Are There Any Time Limits for Making an Accident at Work Compensation Claim?
Your Personal Injury claim will become statute-barred, and you will lose your entitlement to make a claim for compensation if you do not settle your claim within three years of the accident date (or from the date on which you became aware that your injury was caused by an accident at work)
We would recommend making a claim as soon as possible as the deadline relates to the settlement of the case, not the initiation of the case. The Court may allow for an extension past the three-year deadline in certain circumstances.
What is The Process of Making a Workplace Accident Compensation Claim?
The first step in making a claim for compensation is for you to contact us using the contact forms on our website or by giving us a call on 0330 1332 857. We will have a discussion with you regarding the details of your claim and the claims process. We will then send some paperwork for you to fill in and send back to us.
When we have received your paperwork, we will look into your claim and send a letter of claim to your employers and their insurers. We will keep you updated throughout the claim by text, email, letter and telephone. As soon as liability has been established, we will attempt to obtain the best settlement possible to help you move on.
Why Choose Beacon Law?
Beacon Law provides a team of highly experienced Solicitors and legal professionals. We offer a high level of service to all our clients and work hard to ensure you receive the best level of workplace accident compensation for your injuries. 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. To find out about our no win, no fee funding, have a look at the funding section on our website.