Do you know while you’re at work, your employer has a duty to implement all necessary and reasonable safety measures to prevent you from coming to harm? If they fail to do so, and you are injured due to unsafe work practices, you could be eligible to make an accident at work claim.
This helpful guide will explain what criteria your case needs to meet in order to have a valid personal injury claim. Additionally, we will discuss what measures your employer could implement to prevent unsafe work practices and how an injury could occur if they fail to do so.
Following this, we answer questions such as ‘Could I claim if I was partially at fault?’, ‘What evidence do I need?’ and ‘How will my compensation be calculated?’. Finally, we end this guide by looking at how an expert solicitor from Advice could help you claim.
Contact a member of our advisory team today to discuss your case and receive free advice:
- Call us on 0161 509 2856
- Write to us via our contact us page.
- Talk to us now using the live chat box below.
Browse Our Guide
- Can I Claim If Injured By Unsafe Work Practices?
- How Can My Employer Prevent Unsafe Work Practices?
- What Unsafe Work Practices Could Lead To A Claim?
- Can I Claim For A Work Injury If I Was Partly At Fault?
- What Evidence Could Help Me Claim Compensation For A Work Injury?
- How Much Compensation For A Workplace Accident?
- Can I Claim For Work Injuries On A No Win No Fee Basis?
- Learn More About Accident At Work Claims
Can I Claim If Injured By Unsafe Work Practices?
While you are working, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974. Per their duty of care, they need to take reasonable steps to help prevent you from coming to harm while working. A failure to do so could be classed as a breach in their duty of care.
Other legislations that impose a duty of care on employers to implement safe work practices include:
- The Lifting Operations and Lifting Equipment Regulations 1998 require those who own or are in control of any lifting equipment to ensure all lifting procedures are planned, supervised and carried out in a safe manner.
- The Provision and Use of Work Equipment Regulations 1998 means that employers must ensure all equipment used for work is fit for purpose, maintained well, and provided with adequate training.
- The Management of Health and Safety at Work Regulations 1999, states that employers must conduct formal risk assessments to protect employees, contractors, and members of the public. This includes self-employed and agency contractors.
If you have been injured due to unsafe work practices, in order to make a personal injury claim, you must prove:
- A duty of care was owed to you by your employer.
- This duty was breached.
- This breach caused you to suffer an injury.
Contact one of our advisors today to receive a free eligibility case check.
How Can My Employer Prevent Unsafe Work Practices?
There are various practices and measurements your employer could implement to prevent unsafe work practices and help ensure your safety. Some examples include:
- Risk Assessments – Your employer should conduct regular risk assessments, noting any hazards they come across and take reasonable steps to minimise these risks.
- Training – Your employer needs to provide you with appropriate training to complete your work duties. This could include training on how to operate a forklift or manual handling training, for example.
- Personal Protective Equipment (PPE) – Your employer must provide any PPE needed to do your job safely. It must be fit for purpose and provided free of charge with clear instructions for safe use.
If you have been injured while in the workplace due to your employer not adhering to their duty of care, you can contact our advisors to see whether you may have an eligible claim.
What Unsafe Work Practices Could Lead To A Claim?
There are many ways in which unsafe work practices can lead to accidents. Some examples could include:
- Inadequate training in the workplace. For example, your employer makes you carry a load despite knowing they have provided you with no manual handling training. This causes you to suffer a back injury when trying to lift the load incorrectly.
- Poorly maintained equipment. For example, you suffer a crush injury to your hand due to a piece of equipment on a production line not being maintained and malfunctioning.
- Failing to provide or ensure the proper use of protective gear. For example, your employer provides you with faulty safety goggles, this causes debris to go into your eyes and damage them when using a metal saw.
To discuss your specific accident, you can contact our advisors today.
Can I Claim For A Work Injury If I Was Partly At Fault?
You can still claim for a work injury, even if you were partly at fault.
For example, while working on a construction site, your employer provided you with a hard hat, but you refused to wear this. You suffer a head injury when some work equipment falls on you from a height due to faulty scaffolding breaking. Although your employer should have ensured the scaffolding was secure, you should have also worn the PPE they provided you, making you partially liable for your injury.
The amount of compensation you would receive would depend on how liable you were. For example, if you were deemed 50% liable for your injury, you would only receive 50% of the total compensation you would have received had you not been liable at all.
To see whether you could still make a compensation claim despite being partially liable, you can contact our advisors.
What Evidence Could Help Me Claim Compensation For A Work Injury?
To bring forward a compensation claim, you must show that your employer caused your injury due to breaching their duty of care by not addressing any unsafe work practices that were present.
Some examples of evidence that could help support your accident at work claim include:
- The accident report book – If your employer has ten staff or more, they must keep a record of procedures, training, and incidents related to health and safety. You could request a copy of your accident report to use as evidence in your claim.
- Photographic and Video Evidence – If any CCTV cameras record you being injured, you have a right to a copy of that footage. Any photos you took of your injuries can help, too.
- Witness contact details – Anyone who witnessed your accident could provide a statement into the claiming process about how it occurred.
- Medical Records – This should detail the injury you suffered and what treatment you have received and will need in the future.
One of our solicitors could help you with collecting this evidence. Contact our team today to learn more.
How Much Compensation For A Workplace Accident?
The true value of a claim is only ever known at its end. However, if you make a successful accident at work claim, your final settlement will include general damages. This compensates you for the injuries you have suffered, whether they be physical or psychological.
Those in charge of valuing your claim for general damages cou;d refer to your medical evidence and the Judicial College Guidelines (JCG). The JCG provides various compensation guidelines for a range of injuries.
We have used some of these figures for injuries that may have been caused by unsafe work practices in the list below. Please note, however, that the first entry has not come from the JCG.
Compensation Guidelines
- Multiple very severe injuries and significant financial losses – such as a loss of earnings, medical costs and care expenses – up to £1,000,000 or more.
- Very severe head injury – resulting in little to no language function and requiring full-time nursing care – £344,150 to £493,000.
- Moderate head injury – causing moderate to severe intellectual deficit – £183,190 to £267,340.
- Severe back injury – causing severe damage to the nerve roots and the spinal cord – £111,150 to £196,450.
- Severe arm injury – where the injury has fallen short of amputation but leaves the person not that much better off – £117,360 to £159,770.
- Arm injuries resulting in a substantial and permanent disability – such as serious fractures to both or one forearm – £47,810 to £73,050.
- Serious foot injury – there will be continuing pain from traumatic arthritis – £30,500 to £47,840.
- Modest foot injuries – injuries include ruptured ligament, simple metatarsal fractures and puncture wounds – up to £16,770.
Can I Claim For Loss of Earnings As A Result Of A Serious Injury?
If you have been affected financially by an injury caused by unsafe work practices, you may be able to claim compensation for these losses under special damages. This varies from case to case and may include:
- Loss of earnings while unable to work due to your injuries.
- Medical expenses incurred due to your injuries.
- Care costs for professional care or from a relative or friend.
Proof of these losses but be presented in order to claim special damages. This could include payslips and invoices, for example.
To discuss your claim and see whether you may be eligible to receive compensation, you can contact our advisors.
Can I Claim For Work Injuries On A No Win No Fee Basis?
Our solicitors have lots of experience in helping those make a personal injury claim after being affected by unsafe work practices. They have the skills to build the best case for you and the expertise that could get you the compensation you deserve.
They can:
- Gather the evidence needed to make your case.
- Guide you through the process of claiming personal injury compensation.
- Ensure your best interests in any negotiations.
- Bring your claim to the best conclusion possible.
Every one of our solicitors is also happy to provide their services on a No Win No Fee basis. To do so, they will offer you a Conditional Fee Agreement (CFA).
There are numerous benefits to making a claim this way:
- No upfront service fees to pay.
- No ongoing service fees to pay.
- Nothing to pay for their completed work if the claim fails.
- Paying a small, legally limited percentage of your compensation as a success fee is the claim succeeds.
If you have been injured due to unsafe work practices, you can contact our advisors today to discuss your case and see if you have an eligible claim:
- Call us on 0161 509 2856
- Write to us via our contact us page.
- Talk to us now using the live chat box below.
Learn More About Accident At Work Claims
Learn more about other types of accident at work claims you could make:
- Advice on claiming compensation after falling down the stairs at work.
- See if you could claim after you slipped on a wet floor at work.
- Learn about the time limit in which an accident at work claim must be started in.
External resources:
- Learn more about good practice guidelines from the Health and Safety Executive (HSE).
- Guidance on health and safety at work from Gov.UK.
- Learn when to provide first aid from the NHS.
If you have been injured due to unsafe work practices, you can contact our advisors to see whether you could claim compensation.
