Part-Time Employee Workplace Accident Guide

No matter whether working full time or part-time, accidents at work can happen to any type of employee. If you have been injured whilst working part-time it is important to know that you have the same legal rights to claim compensation as a full-time worker. Whether your accident at work was caused by unsafe working conditions, a lack of personal protective equipment (PPE) or inadequate training, understanding how to claim for an accident at work if you are a part time employee can be the first step to claiming compensation.

In this guide we cover everything you need to know about part-time worker accident claims, explaining your rights, injuries you could claim for and the factors affecting how much compensation you could claim. We also look at who pays your compensation and allay concerns about whether you could be dismissed for making a claim.

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Jump To A Section

• Do I Have Any Legal Rights As A Part-Time Employee?
• What Types Of Injuries Can I Claim For?
• How Much Compensation Could I Get As A Part-Time Worker?
• How Is My Compensation Calculated?
• Will My Employer Pay My Compensation?
• How To Claim For An Accident At Work As A Part-Time Employee
• Can I Be Sacked For Claiming Against My Employer?
• Will I Be Able To Make A No Win No Fee Claim?
• More Information

Do I Have Any Legal Rights As A Part-Time Employee?

Yes, part-time and full-time employees are entitled to the same workplace rights and legal protections. Employees should be provided with safe working conditions, appropriate training and PPE. If you are injured in a workplace accident which was not your fault whilst employed on a part-time basis you also have the same right to seek compensation.

Under legislation, such as the Health and Safety at Work etc. Act 1974 (HASAWA), employers have a duty of care to employees. They are legally required to ensure working environments are safe, provide training and carry out regular risk assessments, regardless of the number of hours you work. Employers must also adhere to other key pieces of health and safety law, such as The Personal Protective Equipment at Work Regulations 1992, and The Health and Safety (Display Screen Equipment) Regulations 1992.

You may be eligible to make an accident at work claim where,

• Your employer failed to meet their duty of care as set out in legislation such as the HASAWA.
• This breach directly led to your workplace injuries.
• You are within the statutory limitation period to file a claim.

Understanding your right to claim for an accident at work if a part time worker is crucial when considering making a claim.

Am I Able To Claim As An Employee With A Zero-Hours Contract?

You can claim compensation regardless of whether or not you are employed on a zero hours contract. Whilst being employed on this basis may mean that you are not entitled to the same amount of work or sick pay, you still have the same legal entitlement to a safe workplace and the same ability to claim compensation if injured. Health and safety law applies regardless of whether your hours are flexible or guaranteed.

An advisor could help you to understand more about your rights after an accident at work.

What Types Of Injuries Can I Claim For?

You could claim for any workplace injury suffered in an accident which was not your fault and where your case meets the criteria set out above.

Workplace injuries can vary widely, ranging from the mild to those which are severe and life-changing. Different types of injuries may occur more commonly, depending on the nature of a job and the environment in which you work.

Part Time Worker Injury

The most common workplace injuries, based on data from the labour force survey and published by the Health and Safety Executive include:

• Fractures – caused by falls or by being struck by a falling object. For example,
  • You may suffer a broken leg as a result of falling from a height where there was no safety railing.
  • Tools left on the floor in a hazardous way could cause you to trip at work and break your wrist.
• Dislocations – caused by a sudden impact or unnatural movement whilst manually handling an object. For example,
  • You could dislocate your shoulder in a lifting accident at work because you were not provided with the equipment necessary to safely lift and move an object.
• Sprain and strains –  caused by manual handling accidents, such as when you are asked to move a heavy object.
  • A back injury at work could be caused by not being provided with the proper training on how to lift an object safely.
  • You could suffer a broken ankle due to your foot and ankle being trapped and crushed in a faulty powered door.
• Lacerations and open wounds –  caused by contact with defective work equipment.
  • A severe laceration could be caused whilst operating machinery which did not have proper guards in place, due to your employer’s negligence.
  • An employee may be asked to handle sharp materials, such as broken glass, without protective gloves, causing lacerations to the hands.
• Burns and scalds – exposure to hot surfaces, liquids, gases or even exposure to electrical hazards and hazardous chemicals can all cause burn injuries.
  • An employee could suffer an electrical burn injury due to faulty electrical equipment or suffer a chemical burn due to being asked to handle hazardous materials without protective clothing.

If you have suffered any of these types of injury at work, contact us to find out how to claim for an accident at work as a part-time employee.

How Much Compensation Could I Get As A Part-Time Worker?

Compensation settlements may be based on multiple factors, such as the type of injury you suffered and how serious it was. For example, according to the Judicial College Guidelines (JCG), compensation for a severe leg injury could be between £33,880 and £165,860.

The JCG is a regularly updated document containing guideline compensation figures for different injuries. This may be used (in conjunction with your medical records) by solicitors when estimating compensation.

The first row is our illustration of a total settlement, including special damages. The remaining figures in the table have been taken from the JCG.

Personal injury claims are based on your individual circumstances, and how much you could get may vary from these figures.

How Is My Compensation Calculated?

Your compensation may be calculated based on the unique and individual circumstances of your part time worker injury. When calculating compensation for a workplace accident, settlements may be divided into two heads of claim: general damages and special damages.

General damages: These cover the physical, psychological and even emotional impact of your injuries. They may,

• Take account of your pain and suffering as well.
• Be based on the type of injury sustained, how severe it was and the overall impact it has had on your life.
• Be calculated using the JCG as discussed above.

Special damages: These cover financial losses caused directly by your workplace accident and injuries. You may be compensated for,

• Loss of earnings and other income if prevented from working as you would previously have.
• Medical costs, such as getting treatment for your injury, physiotherapy and even mobility aids.
• Travel expenses, related to attending appointments for medical treatment.

Special damages are not automatically included in your settlement. You must provide evidence of these losses, such as invoices, payslips and bank statements showing the financial burden caused to you.

The purpose of such damages is to compensate you for the harm and financial burdens suffered fairly. If you choose to make a personal injury claim with a solicitor from Advice, they will thoroughly review your case, ensuring you include any special damages you may be able to claim for.

Will My Employer Pay My Compensation?

In most instances your employer will not settle your personal injury claim directly from their own pocket. Instead, your compensation will be paid out by your employers liability insurance policy.

Under the Employers’ Liability (Compulsory Insurance) Act 1969, almost all businesses are legally required to have employers’ liability insurance in place. Such policies protect employees in cases of workplace injuries or illnesses, covering the cost of personal injury claims made. This ensures that the employee receives the compensation they are owed, without putting the business in financial difficulty.

Employers’ liability insurance may cover;

• Employers’ legal costs are associated with resolving a claim.
• Personal injury claim compensation settlements.

As an employee, this means you can claim compensation without worrying about any impact on your employer. Learn more about how to claim for an accident at work if a part-time employee by talking to an advisor.

How To Claim For An Accident At Work As A Part-Time Employee

The first step in making a workplace injury claim is to get immediate medical care and attention. It is important to prioritise your health and ensure you get any treatment necessary. Following this, you can start to build your claim for an accident at work.

Next, we look at other parts of the part time worker injury claims process.

What Evidence Do I Need To Support My Claim?

You need clear and compelling evidence, such as records from an accident book, demonstrating how your employer caused your injury and the impact it has had on you.

Evidence may include,

• Records from your workplaces accident book, such as accident logs.
• Witness contact details, they may be asked to provide a statement at a later date.
• Your medical records with information on how you were harmed.
• Photographs of the hazard which caused your injury and of the injury (if visible).

When Can I Make My Claim?

The Limitation Act 1980 sets time limits in which to make a claim. The standard limit is three years, usually taken from the date an accident occurred, or on which you became aware of the injury.

The time-limit is paused where the claimant is under the age of 18 or lacks the mental capacity to claim themselves. It will resume either when the claimant turns 18 or regains their capacity to claim. A litigation friend may claim on the victims behalf whilst the time limit is paused.

How Long Will It Take To Settle My Claim?

There is no fixed timeframe in which your claim will be settled. How long it takes depends on factors such as how severe your injuries were, how long it takes to collect evidence and whether your employer denies liability for the accident. The claims process may take longer if your case does go to court

Get tailored advice on how to make a successful claim for a workplace injury by contacting us.

Can I Be Sacked For Claiming Against My Employer?

Legally you can not be dismissed for making a part time worker injury claim against your employer. The Employment Rights Act 1996 protects employees from unfair dismissal after 2 years’ employment. This ensures your right to claim compensation if injured due to your employer breaching their duty of care.

If your employer were to dismiss you for this you could take further legal action against them, such as a claim for unfair dismissal.

Will I Be Able To Make A No Win No Fee Claim?

If you are eligible to claim compensation you could do so with a No Win No Fee solicitor. Whilst you do not have to use a personal injury solicitor to make a claim, we believe that doing so gives you the best chance at making a successful claim.

Our team could begin by reviewing your case and provide free advice. If you choose to make a compensation claim with one of our solicitors they could handle your case through a Conditional Fee Agreement. Under such an agreement you would pay a legally capped percentage of your compensation as a success fee to your solicitor for their work. This is only charged at the end of a successful claim. If you do not receive compensation, there is no charge for work carried out by the solicitor.

Contact Our Solicitors

Speak to an advisor today to find out more about how to claim for an accident at work as a part time employee.

• Phone 0161 509 2856.
• Click here to contact us online.
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More Information

You can find further helpful information on how to claim for an injury at work in our guides.

• In this guide we explain that you could still claim if you didn’t take time off work after an accident.
• Here we look at how to prove an injury at work when making a claim.
• In this guide we discuss what to do if you injured yourself at work.

Supporting resources.

• Learn more about how different types of employment may impact Statutory Sick Pay entitlement.
• The NHS provides information on first aid in this guide.
• View HSE statistics on types of non-fatal work accidents here.

We hope our guide has shown you how to claim for an accident at work if a part-time employee. Get more help with your claim by talking to an advisor today.