On this page, you will find a guide that answers the question; I have had an accident at work what are my rights? As well as many others. Suffering an injury at work can be a traumatic event, especially if the injuries you have sustained are serious. The last thing on your mind will be what your legal situation is, and how you can make a claim for your injuries. So, in this guide, we attempt to educate you on the process of making a claim for workplace illnesses and injuries. What to do if you believe you have a valid reason to make a claim, and what your legal position is.
You don’t need to read all of this guide; you can skip over the parts that don’t pertain to your own situation. If you need some additional information, or have some questions you need to be answered, please give the Advice.co.uk team a call on 0161 696 9685. One of them will be on hand to give you the information that you need, and answer any questions that you have.
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A Guide To Your Rights After An Accident At Work
Within this guide to making a personal injury claim following an accident at work, you will find everything that you will need to know, to begin making properly informed decisions about your own claim. As long as you are ready to begin with the personal injury claims time limit of three years, this guide should be useful to you.
The guide begins with financial facts related to the potential compensation settlement you could win. You will find a table that covers both physical and psychological injuries, and typical compensation amounts they could receive. You will also find a number of sections that go into some detail, about the kinds of damages that your compensation settlement could comprise of.
The middle part of this guide focuses on your legal situation if you have been injured at work. We cover your rights with regard to being fired after being injured, and also what the situation is regarding your pay. In this part of the guide, we also cover what industrial injury benefits are, and what you should do if you have been injured in a workplace accident. The final sections in this part of the guide covers your rights as either a full-time employee, or a person working through an agency.
The last part of this guide is related to the advice.co.uk accident claims service. We will introduce the service that we offer to people all across the UK. We will explain why we think this is the simplest and most effective way to have your claim processed, in a financially risk-free way. We will also cover the Conditional Fee Agreement (CFA) that our service works under. You may have questions about this claims service. If you do, please speak to one of our team on the number at the bottom of this guide. They will be happy to help you in any way you need.
How Much Compensation Could I Claim After An Accident At Work?
Many websites include some form of personal injury claims calculator. However, these are generally inaccurate marketing gimmicks, and do not give an accurate estimate of how much claimants might receive in compensation. We prefer to give you hard facts, and have created this table below. It is based on the judicial guidelines used by the courts in the UK, to decide how much claims are worth. It covers a range of injuries both physical and psychological.
|Toe injury||Moderate to severe||Injuries will range from soft tissue damage to the toe, such as cuts and scrapes, through fractures of one or more toes, dislocation and nerve damage, to complete amputation to one or more of the toes.||Up to £49,185|
|Ankle injury||Minor to severe||Injuries will range in severity from lacerations, cuts, bruises, etc. through sprains, fractures of the ankle and nerve damage, to either complete or partial paralysis of the ankle.||Up to £61,115|
|Foot injury||Minor to very severe||Ranging from injuries to the soft tissue of the foot such as burns, cuts and bruises, through broken bones, sprains and nerve damage, to paralysis or amputation of one or both feet.||Up to £96,155|
|Leg injury||Minor to severe||Injuries ranging from cuts, burns, scrapes and other damage to the soft tissue, through fractures of the leg bones, muscle or nerve damage, to paralysis of the leg or amputation above or below the knee.||Up to £119,215|
|Neck injury||Minor to severe||Starting from soft tissue damage (burns, cuts, lacerations and bruises), through chipped or fractured vertebrae, damage to the nerves of muscles of the back, through to partial or complete paralysis of the back.||Up to £130,065|
|Back injury||Minor to severe||Starting from soft tissue damage (burns, cuts, lacerations and bruises), through chipped or fractured vertebrae, damage to the nerves of muscles of the neck, through to partial or complete paralysis of the neck.||Up to £141,155|
|Hand injury||Minor to serious||Ranging from injuries to the soft tissue of the hand such as burns, cuts and bruises, through broken bones, sprains and nerve damage, to paralysis or amputation of one or both hands.||Up to £54,285|
|Wrist injury||Minor to severe||Injuries will range in severity from lacerations, cuts, bruises, etc. through sprains, fractures of the ankle and nerve damage, to either complete or partial paralysis of the ankle.||Up to £4,165|
|Arm injury||Moderate to severe||Injuries ranging from cuts, burns, scrapes and other damage to the soft tissue, through fractures of the arm bones, muscle or nerve damage, to paralysis of the leg or amputation above or below the arm.||Up to £114,815|
|An injured thumb||Minor to severe||Injuries will range from soft tissue damage to the thumb, such as cuts and scrapes, through fractures of one or both thumbs, dislocation and nerve damage, to complete amputation to one or both of the thumbs.||Up to £48,085|
|Finger injury||Minor to severe||Injuries will range from soft tissue damage to the finger, such as cuts and scrapes, through fractures of one or more fingers, dislocation and nerve damage, to complete amputation to one or more of the fingers.||Up to £21,915|
|Post-traumatic stress disorder||Severe||The accident or severity of the injuries has caused post-traumatic stress disorder that has a significant effect on the daily life of the victim. Long-term counselling and support will be needed.||£52,492 to £88,275|
|Post-traumatic stress disorder||Moderate to severe||The accident or severity of the injuries has caused post-traumatic stress disorder that has a significant effect on the daily life of the victim. Counselling and support will be needed for some time.||£20,292 to £52,495|
|Post-traumatic stress disorder||Moderate||The accident has caused post-traumatic stress disorder that has a negative effect on the daily life of the victim. It will take several weeks for them to overcome it, and counselling may be required.||£7,172 to £20,295|
|Post-traumatic stress disorder||Less severe||The accident has caused post-traumatic stress disorder that has a negative effect on the daily life of the victim. However, this will be a short-term problem that will need only a minor amount of counselling and support.||£3,462 to £7,175|
|Mental anguish||Moderate||If the accident caused shock, but not severe enough to caused full-blown post-traumatic stress disorder.||Up to £4,105|
|Psychiatric damage||Severe||Long-term psychological issues primarily caused by living with injuries, such as depression, anxiety and newly contracted phobias. Significant levels of counselling and support will be required.||£48,082 to £101,475|
|Psychiatric damage||Moderate to severe||Long-term psychological issues primarily caused by living with injuries, such as depression, anxiety and newly contracted phobias. Counselling and support will be required.||£16,722 to £48,085|
|Psychiatric damage||Moderate||Medium psychological issues primarily caused by living with injuries, such as depression, anxiety and newly contracted phobias. Some counselling may be required.||£5,132 to £16,725|
|Psychiatric damage||Less severe||Short-term psychological issues primarily caused by living with injuries, such as depression, anxiety and newly contracted phobias. The victim will recover without the need for counselling.||£1,352 to £5,135|
If you would like to know how much compensation you could potentially claim in your own case, speak to one of advice.co.uk team on the number at the end of this guide. Once they know a little about your circumstances, they will be able to give you a much more accurate estimate.
What Else Can You Claim Compensation For?
If you were to look at accidents at work examples, specifically the types of damages that the compensation settlements were made up of, you would find that each claim shares certain common types of damages. This is because even though each claim is unique, the reasons that people claim damages are generally fairly similar. In the sections below, we cover some of these common types of damages in more detail.
General Damages to Compensate for Physical Harm
General damages are paid for physical harm. This can be injuries, illnesses or psychological conditions. They could have been caused by the accident itself, or they could have been caused by the stress of living and dealing with with serious injuries.
Loss of Life Quality
Claimants who have been the victim of a serious injury, will often be left with a permanent disability. Living with this disability will lead to a loss of life quality. For example, people who have lost a limb, suffered brain damage, or damage to an internal organ, will have their lives negatively affected going forward. A compensation claim could contain provisions for this. For example, a young person who becomes paralysed from the waist down, would claim for every year of their life that they will live with the disability. This could be 50 or even 60 years. The compensation paid in this kind of case is often the highest of all claims.
Some injuries are so severe, that they will take months or even years to heal fully. Additionally, recovery from some injuries can be extremely painful. For example, a person with a broken back having to go through painful physiotherapy, to regain the ability to stand and walk. The trauma, pain and suffering caused by this recovery period, could be claimed for as part of an overall settlement.
The shock of a serious accident, or the stress of living with severe injuries, can result in the victim developing psychological problems. Problems such as post-traumatic stress disorder, anxiety, depression and new phobias. If the condition is bad enough to have an effect on the claimant’s life, then this could be claimed for.
The accident itself, and also the shock and pain of sustaining injuries, and also being administered emergency medical treatment, are all very traumatic events. If the level of trauma encountered has affected the health of the claimant, then this could be claimed for.
Pain and Suffering
Besides the types of physical and psychological harm covered in the above sections, there is also the pain that was encountered at the time of the accident, and also while being administered emergency treatment. Although this pain might only last a short time, it was likely very severe. In this case, it could be claimed for.
General Damages to Compensate for Non-Physical Losses
In this category of damages, are all the types of losses that a claimant has suffered due to the accident, injury or illness, that are not related to the physical aspects of their injuries. This includes financial losses, and other ad-hoc losses where applicable.
Loss of Future Prospects
A person who has suffered injuries that will leave them with a permanent disability, may not be able to return to work at the same level. For example, a construction working who has lost a leg, is unlikely to be able to work in construction again. Some injuries, such as paralysis, may prevent the claimant from ever working again. If this loss leads to an overall lower level of income across the lifetime of the claimant, compensation can be claimed to make up for the shortfall.
Loss of Current Income
If a claimant has suffered serious injuries that will take some time to heal, they will be forced to take time away from work. Even if the employer pays for extended sick leave at a reduced level, the claimant is still losing out financially. In some cases, they will lose their income entirely until they are healed and ready to return to work. This loss can be claimed for.
Cost of Care
Claimants who have suffered injuries that will require nursing care at home, or claimants who are incapable of cleaning and maintaining their own home, may need to hire in a nurse, cleaner or some other type of home help. If so, the cost of this could be claimed for.
Claimants who have opted to pay for some form of private medical treatment, could be able to claim this cost back. However, it should be noted that this will only cover medical procedures that cannot be procured through the National Health Service. For example, a claimant suffering some form of paralysis, requiring special physical therapy only available from a private clinic.
A claimant should be able to claim back the cost of travel for either a) having to visit a medical establishment for treatment, or b) to deal with any aspect of the claim itself. For example, if the claimant has to visit their solicitor, or attend court, the cost of travel could be claimed for.
Can I Be Sacked If I Have An Accident At Work?
The simple answer to this question, is no. Being involved in an accident at work, or making a claim for a work-related accident, are not a valid reason to sack you. If you are sacked because of this, your employer may of acted illegally. This could be a classed as a case of unfair dismissal.
Part of the accident at work procedure, is to report the accident to your employer, and also make sure the accident has been recorded in the company accident book. This is an official record, that can be checked by the Health & Safety Executive at any time. Therefore, if you are dismissed after an accident at work, the entry in the company accident book will show that you were involved in an accident, and support your accusation that you have been unfairly dismissed.
What Should I Do If I Am Sacked After Being Injured At Work?
When it comes to an accident at work, employers’ responsibilities include treating any injured party fairly. Simply dismissing them could be seen as unfair dismissal. However, whether you can take action over this dismissal depends on two things. Firstly, how long you have worked for your employer. You must have worked for them for more than 2 years to be able to question your dismissal. Secondly, you only have three months from the date you were dismissed to take action against your employer.
This time limit means that is vital that you get a solicitor involved as soon as possible. Here at advice.co.uk, we can help with this. Speak to one of our team on the number at the end of this page, and they will be able to help you get the legal representation you need.
Do You Get Paid If You Have An Accident At Work?
To answer the question, after an accident at work do I get paid? then the answer would be yes; you should still get paid. However, the full answer is a little more complex. Your employer is obligated to pay you at least Statutory Sick Pay (SSP), once you have had more than four consecutive days away from work. Some employers may offer a more substantial sick leave scheme. However, by law, they must pay the minimum level of SSP. However, in order to receive SSP, you must earn at least £113 per week (correct as of January 2019).
If your employer does not pay you sick pay following an accident at work, and they should have, then this could form part of your claim. Speak to one of the advice.co.uk team on the number at the end of the page; they will be able to explain how to go about this.
What Are Industrial Injury Benefits?
Industrial Injury Benefit (IIB), is paid by the UK Government, to assist people that have suffered an injury or illness due to their work. The level of IIB you receive, will depend on your level of disability. You will need to be examined, and found to be at least 14% disabled to claim IIB. You will also have to have been fully employed at the time the injury or illness was caused, and a work-related accident or health hazard in England, Scotland or Wales must have been the cause of harm.
What Rights Do You Have After An Accident Or Injury At Work?
As mentioned above, part of the accident at work procedure is that you report the accident to your employer. Once you have done this, the actions of your employer are driven by your rights. You have a number of rights. These include your right to make a claim, your right to compensation, your right to sick pay. You also have a right not to be mistreated by your employer, for being involved in an accident, or for making a claim. However, not all employers will take action based on your rights. You may be fired, you may not get sick pay, etc. In this case, any loss caused by infringement of your rights by your employer, could be claimed for. If you speak to the advice.co.uk team on the number at the end of this guide, they will explain how.
Agency Worker Workplace Accident Rights
To answer the question, am I entitled to full pay if injured at work as an agency worker? Is that it depends on how long you have worked for your current employer. The law in the UK states that agency workers have exactly the same rights as a permanent worker. Furthermore, after 12 weeks of continuous employment with the same employer, they must then treat you as they would a permanent member of staff. This equality must include salary level and sick pay. If your employer does not act on these legal obligations, advice.co.uk can help you make a claim against them. Speak to one of our team on the number at the end of this page to proceed.
How Common Are Accidents And Injuries At Work?
If you were to examine a number of accidents at work stories, you would find that some types of injuries and illnesses are more common than others. For example, look at the graph above, that show’s the main work-related causes of lung cancer in the UK. Other workplace health statistics include:
- There are over half a million non-fatal workplace accidents every year.
- 420 thousand of these accidents resulted in the victim taking more than 7 days off work.
- Slip, trips and falls account for 31% of all workplace accidents.
- Over 30 million work days were lost in 2016, due to workplace accidents and illnesses.
- It is estimated that the cost of accidents at work in lost work time and compensation paid, comes to over £15 billion.
As you can see, workplace accidents and illnesses are not uncommon in the UK. Any personal injury solicitor will be experienced in making such claims. Here at advice.co.uk, we can arrange expert workplace claim representation for you. Speak to one of our team on the number at the end of this page to learn how.
How Do You Make A Workplace Accident Claim
If you have been injured in the workplace, the process of making a claim is quite straightforward. First of all, there are some things you will want to do right after the accident, to prepare for your claim.
- You must report the accident to your employer.
- You must make sure that the accident has been recorded in the company accident book.
- You must visit the hospital to have your injuries dealt with.
Once you have taken care of these things, you will need a legal team to process your claim for you. The team at advice.co.uk can help with this, if you give them a call. You will be asked a number of questions, such as:
- When did the accident happen?
- Where did the accident happen?
- Who do you think is liable?
- What is the prognosis for your recovery?
- Have you had to take an extended time away from work?
- Have you suffered any financial losses?
Questions such as these will help our team to learn more about your injuries or illness, and the incident that caused them. Once they know enough, they will come up with a plan for moving your claim forward.
No Win No Fee Claims For Accidents In The Workplace
Here at advice.co.uk, we can offer you our accident and injury claims service, under a No Win No Fee. This is a financially risk-free way for you to gain access to the services of a personal injury lawyer. When we first start working on your claim, we don’t charge a fee. As we process your claim for you, even if it takes many months, we still won’t charge a fee. If we are unable to secure you any compensation, we won’t charge any fee at all. When we do win a claim though, we will automatically deduct our pre-agreed fee from the money we have received on your behalf; we will then pass the remainder to you.
Why Claim With Our Friendly Team?
Our answer to the question, what to do after an accident at work? is to speak to one of the advice.co.uk team on the number below right away. They can arrange for the services of a personal injury solicitor, who will be experienced and skilled in processing workplace accident claims. Take a look at the table below, which outlines our very simple and straightforward new claims process.
|Reach out to our team by email, phone, or web chat.||Our team will go your claim and asses it.||We can then process your claim for you.|
Talk To Us Today
One of the answers to the question, what happens if I get injured at work? is that as long as you have the right legal help, you could be able to make a successful compensation claim. The advice.co.uk claims service can help with this. Speak to one of our team members on 0161 696 9685 today, so that we can get working on your claim right away.
Where To Find More Information
If you have had an accident at work, gov.uk websites can be a good source of information, such as:
The UK Health & Safety Executive website also has some useful information, such as these pages: