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By Danielle Nicholson. Last Updated 7th March 2024. In this guide, we discuss whether you could be eligible to claim compensation if you were partially at fault for a workplace accident. This is called split liability. Firstly, we look at the eligibility criteria for starting a personal injury claim and then we look at what it means to have an accident at work that was your fault as well as your employer’s.
Later in our guide, we provide guidance on the evidence you could gather to establish fault in a split liability personal injury claim and how compensation is calculated to address the impact of your injuries on your quality of life.
Finally, we discuss whether one of the No Win No Fee solicitors could assist you with your compensation claim and the terms under which they offer their helpful services.
For more information on the question ‘I had an accident at work that was my fault, can I still claim compensation?’, continue reading. Alternatively, get in touch with an advisor from our helpful team. They can offer free advice and answer any questions you have regarding workplace accident claims. To reach them, you can:
- Call on 0161 509 2856
- Fill out our contact form
- Use the live chat function below
Select A Section
- Can I Claim Compensation If I Was Partially At Fault For A Workplace Accident?
- What Does It Mean To Be Partially At Fault For A Workplace Accident?
- How Is Fault Established In A Workplace Accident Claim?
- How Much Compensation Could I Get For An Accident At Work That Was My Fault Partially?
- Claiming For A Work Accident With No Win No Fee Solicitors
- Related Resources For Accident At Work Claims
Can I Claim Compensation If I Was Partially At Fault For A Workplace Accident?
If you would like to make an accident at work claim, you must meet the eligibility requirements. You must be able to prove that:
- Your employer owed you a duty of care.
- They breached this duty.
- You suffered an injury as a result.
The three points above lay the foundation of negligence in personal injury claims. If this can be proven, you could have valid grounds to seek compensation for your injuries.
The Health and Safety at Work etc. Act 1974 (HASAWA) sets the duty of care that employers owe their employees. This is duty of care means the employer must take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees. You must be able to prove that your employer failed to uphold this duty and caused you harm, in order to claim for an injury at work.
However, if you ask, ‘I suffered an injury in an accident at work that was my fault, can I still claim?’ It would depend on what degree you were liable for the accident. If your employer took every reasonable and practicable step and you still injured yourself, you would not have a valid claim. However, if some degree of responsibility for your injuries fell onto your employer, you would be able to claim, but your compensation would be reduced accordingly depending on how at fault you were for the accident in which you were injured. This is contributory negligence. We look more at this later in this guide.
If you have any questions, or would like to get a claim started, please contact our advisors.
What Does It Mean To Be Partially At Fault For A Workplace Accident?
As discussed above, employers have a legal requirement to take reasonable measures to protect the health and safety of their employees while they are at work. If your employer fails to do this and you suffer an injury as a result, you could seek compensation for your workplace injuries.
However, you could be found partly responsible for your workplace injuries. This is called contributory negligence. In contributory negligence cases, how much compensation you are paid out will generally be reduced by how much of the work injury you were responsible for. For example, if your employer’s negligence contributed to 80 percent of the accident, this would reduce your compensation award by 20 percent.
As much as your employer has a legal duty to protect your health and safety, you also have a duty to prevent workplace accidents. For example, your employer should carry out regular risk assessments. These could identify the need for adequate training and personal protective equipment (PPE). If your employer supplied the PPE required to carry out your work duties safely and you injure yourself because you did not use it, it is unlikely that you would have a valid accident at work claim. You are partly responsible for your own safety as per employment laws.
If you were partly responsible for your work injury, get in touch with our advisory team for a free no no-obligation consultation. They can help assess whether you have a valid accident at work claim and advise on how much you could receive in a settlement involving contributory negligence.
How Is Fault Established In A Workplace Accident Claim?
You need to prove that your injuries were caused by employer negligence in order to make a claim. This can be done by gathering evidence. Below, we’ve compiled a short list of examples:
- Visual evidence – This could include photographs of the hazard that caused your injury, and photos of any visible injuries too. It could also be that the incident was captured on CCTV.
- Medical records – It’s your right to request your medical records at any time. Details on your injuries and related treatment will feature here, amongst other information.
- Witness contact details – If anyone saw the incident that caused your injuries, make sure you have a way to reach them to see if they’ll consider issuing a statement.
- Accident book – as per employment law, if your workplace has ten or more employees, your employer must provide an accident book to record workplace incidents. This should be filled in with your name, the date and time and details of the accident at work.
There are more examples too. Get in touch for additional information, including the answer to the question, “I was injured in an accident at work that was my fault, can I still claim?”
How Much Compensation Could I Get For An Accident At Work That Was My Fault Partially?
If you make a successful personal injury claim, you could be awarded a compensation payout comprising of up to two heads of loss. However, the amount you receive may be reduced according to how at fault you are for the accident or your injuries.
The two heads of loss that can make up a settlement are:
- General Damages: Compensating for the pain and suffering of your injuries, physical and/or psychological. Medical evidence and a publication called the Judicial College Guidelines (JCG) can be used to help value your injuries. The JCG contains guideline award brackets for different injury types.
- Special Damages: Compensating for the financial losses incurred due to your injuries. This can include care costs, lost income, travel expenses, medical bills, and the cost of any home adaptations, such as the installation of a wheelchair ramp. Evidence in the form of payslips, invoices, and receipts, can help prove these losses.
Compensation Table
The following table contains figures from the JCG. The top entry is not taken from this publication. Please only use the figures as a guide as your actual settlement amount will differ.
| Injury | Comments | Amount |
|---|---|---|
| Multiple severe injuries and special damages | Settlements could include compensation for more than one severe injury and any incurred expenses, including nursing care and mobility aids. | Up to £1,000,000+ |
| Very severe brain damage | The injured party shows little or no response to their environment and requires full time nursing care because of their symptoms. | £282,010 to £403,990 |
| Severe injuries to the back (ii) | Causing bowel function to be impaired, or bladder function impairment. There could also be an impairment in mobility. Unsightly scarring and nerve root damage could also feature. | £74,160 to £88,430 |
| Severe injuries to the neck (iii) | Severe soft tissue damage , dislocation or fracture causing permanent disability and long-term chronic conditions. | £45,470 to £55,990 |
| Injuries to the elbow | A severely disabling elbow injury | £39,170 to £54,830 |
| Moderate injuries to the leg | Complicated or multiple fractures or a serious crush injury to one leg. The extent of treatment, muscle wastage and impact on employment will affect how much is awarded. | £27,760 to £39,200 |
| Moderate injuries to the pelvis and hips (i) | The injury would be significant but there would not be a great risk of further future damage. There would be no major permanent disability either. | £26,590 to £39,170 |
| Injuries to the wrist | The claimant would have some useful movement but there will be a significant and permanent disability. | £24,500 to £39,170 |
| Severe finger fractures | Leading to a partial amputation, and causing grip impairment, reduction of function, deformity and sensation disturbance. | Up to £36,740 |
| Moderate injuries to the shoulder | Frozen shoulder injuries leading to limited movement. These symptoms could last around 2 years. Also included in this bracket could be soft tissue injuries leading to symptoms that last beyond 2 years. | £7,890 to £12,770 |
If you need any other information regarding how much compensation you could receive following a successful claim, call our team. They can also answer questions such as ‘I had an accident at work that was my fault, what compensation could I be entitled to?’.
Claiming For A Work Accident With No Win No Fee Solicitors
If you have a valid injury at work claim, you could seek legal representation from a solicitor who has experience with this type of case. Our advisors could review your claim, and if they determine it’s a strong case, they may connect you with a solicitor from Advice.
Our solicitors may offer to work with you on a No Win No Fee basis with a Conditional Fee Agreement (CFA). When working with a solicitor under this arrangement, you will not be required to pay any upfront or ongoing fees for their services. Additionally, if your claim is unsuccessful, then you won’t need to pay your solicitor for the work they have done on your claim.
A success fee is subtracted from the compensation given to you should your claim prove successful. This is a legally capped percentage of your compensation that’s taken by the solicitor supporting your claim.
For more advice on making a workplace injury claim with a No Win No Fee solicitor, you can:
- Call us on 0161 509 2856 for free legal advice
- Live chat with our team
- Fill out the contact form and we’ll get back to you as soon as we can.
Related Resources For Accident At Work Claims
We have linked resources here which can advise you on making an accident at work claim, which you can read below:
HSE Health And Safety At Work Guidance – You can find information on health and safety at work on the HSE website.
Accident Statistics UK – You can look at the most recent accident at work statistics here.
Health And Safety Law Explained – The HSE have explained an employer’s responsibilities according to civil and criminal law here.
