Can I Claim For An Accidents Caused By Tiredness And Fatigue In The Workplace?

By Danielle Nichollson. Last Updated 23rd November 2022. None of us perform at our best when we are tired or fatigued. Being overtired or suffering fatigue in the workplace can lead to workers making unnecessary errors. These errors can cause an accident at work, in which the worker or their colleague is injured. Work-related fatigue can also cause health problems that can affect a worker’s quality of life. For example lack of sleep can increase your risk of heart disease, diabetes and obesity.

Accidents caused by tiredness and fatigue in the workplace claims guide

Accidents caused by tiredness and fatigue in the workplace claims guide

If you have been injured in an accident caused by fatigue or being excessively tired at work, you may be wondering if you are eligible to claim compensation for your injuries. This would depend on whether your employer was responsible for you being fatigued.

For further information, contact Advice.co.uk for your free consultation. We can offer you free legal advice on claiming for injuries caused by an accident due to workplace fatigue. If you have legitimate grounds for claiming compensation, we could offer to connect you to a personal injury solicitor from our panel. Any case they take on will be handled on a No Win No Fee basis.  Call us on 0161 696 9685 to begin your claim. Alternatively write to us about your ordeal, using our online accident claims form.

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A Guide To Claims For Injuries Caused By Fatigue In The Workplace

Employers have a duty of care towards their employees. Employers are responsible for making sure that their premises are a safe and hygienic environment. They are also responsible for their employee’s welfare in other areas. This includes protecting employees from fatigue in the workplace. If an employee is overloaded at work, has excessively long or irregular shifts, they can suffer from fatigue at work. If a worker is fatigued, this could lead to an increase in mistakes. Therefore, this can cause accidents at work. Additionally, workplaces are responsible for managing their employee’s shift patterns and workloads to avoid this.

In this guide, we will look at what work-related fatigue is and the effects of fatigue in the workplace. As well as looking at how fatigue can contribute to workplace accidents? So, if you have been injured in an accident that was caused by you, or a colleague being fatigued at work, you may be eligible to claim compensation.

To begin your compensation claim for injuries caused by a fatigue-related accident, call Advice.co.uk to speak to a claims advisor. Or get in contact with us using our online personal injury claims form. For more free advice about claiming compensation for a fatigue-related injury, continue reading this guide.

Calculating Fatigue Management And Tired At Work Injury Claims

Do you wish to know how much compensation you could be given for an injury caused by workplace fatigue? Use the table below to estimate how much compensation you could be awarded. The compensation amounts quoted in this table are based on guidelines from the Judicial College. This is a document that solicitors often use when working out how much an injury should be awarded in compensation. Importantly, this table only provides one part of the compensation. As you will see in the next section there are other damages you could claim.

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Nature Of The Injury How Serious Was It What Are The Effects? How Much Compensation?
Injured Hand Serious Hand injuries resulting in the severing and reattaching of fingers and where the hand is now less than half as effective / useful. £29,000 to £61,910
Injured Hand Less serious Crushing injuries, such as having been fallen on and crushed. £14,450 to £29,000

Injured Hand Moderate Moderate damage to the soft tissues of the hand. £19,600 to £35,010
Injured Thumb Very serious A very serious injury to the thumb could include the loss of and reattachment of the thumb. £19,600 to £35,010
Injured Thumb Moderate An injury which impairs the use, sensation and function of the thumb. £9,670 to £12,590
Injured Back Moderate (ii) There are many different forms of injury in the moderate category. £27,760 to £38,780
Injured Neck Moderate (i) Moderate levels of neck injury. Could affect the soft tissue or could present as a fracture of some degree. £24,990 to
£38,490
Injured Elbow Moderate to minor General injuries to the elbow joint. Up to £12,590
Injured Toe Moderate Toe fractures and conditions which make existing injuries worse. Up to £9,600

Of course, the outcome of every claim is different. Therefore, for an estimate of the compensation payout quote based on your personal circumstances call Advice.co.uk.

Other Damages Awarded For Workplace Injuries

If you make a successful work accident compensation claim, what heads of claim will your compensation payout include? Firstly, you will receive general damages. This is compensation for the harmful effects your injuries have had on you and your quality of life. Moreover, you may also receive special damages which is to repay you for any financial losses incurred because of your injury. You will receive money to pay for any future expenses you may have. For example, if you need ongoing physiotherapy.

What Special Damages can you claim?

  • Travel expenses
  • Medical expenses
  • Care expenses
  • Loss of income reimbursement.

Sadly, some workplace accidents result in the injured person becoming permanently disabled. So, if you have had an accident at work and are now disabled, you may be eligible to claim compensation. You would need to show that your employer, through negligence caused your disability. This means that you will also be able to include funds to pay for any mobility equipment, rehabilitation, home or car adaptation expenses that you may need. So, call Advice.co.uk for free legal advice on what your compensation package could include.

What Is Fatigue In The Workplace?

What is fatigue in the workplace? Fatigue is different to normal feelings of tiredness after a tough day at work. Being fatigued means you suffer from feelings of exhaustion, a lack of motivation and tiredness. Fatigue can be caused by lifestyle factors such as not getting enough sleep and being overworked. Suffering from mental health problems such as anxiety and depression, or a medical condition such as a sleep disorder or fibromyalgia can also contribute towards fatigue.

Being fatigued from work can happen if a worker is overworked, i.e. given an unrealistic amount of work by their employer. The Health and Safety Executive also warns that shift workers and people who do a lot of overtime are also vulnerable to work-related fatigue. In the UK an estimated 3.6 million people work in industries that rely on shift work such as healthcare, manufacturing, hospitality and transport. Workers can become vulnerable to fatigue if their shift patterns are designed poorly and do not allow adequate time for rest and recuperation after work. The HSE also recommends that employees should be given adequate breaks at work.

What may be the result of a worker being fatigued? Their productivity and the quality of their work can suffer. Unfortunately, accidents can also be caused by being tired at work and fatigue at work. The HSE notes that employers should take fatigue seriously and see it as a potential workplace health and safety hazard. Key HSE fatigue injury statistics show that fatigue-related accidents at work cost the UK between £115 – £240 million in terms of work accidents alone. Fatigue is also said to be a contributing factor in 20% of major road traffic accidents.

How Can Fatigue Contribute To Workplace Accidents

Workers who are suffering from fatigue may be affected in many following ways. These include: their ability to process information may be reduced, their concentration may be affected, they may experience memory lapses and their coordination may become poor. They may show a lack of awareness and they may become less coordinated. This means that overtired or fatigued workers are more likely to make poor decisions at work. Therefore, these errors can lead to negligent accidents where the worker, a colleague or another person can be harmed.

What are human fatigue risk factors? Workers who take part in the following activities are vulnerable to accidents if they become fatigued:

  • People who work at heights, such as construction workers.
  • Those People who drive for a living, such as delivery drivers and taxi drivers.
  • Employees who operate machinery in a manufacturing plant.
  • People who work with dangerous substances such as flammable or explosive liquids.
  • electricians, people who work with electrical systems.
  • People who work in healthcare. They are at risk of making errors that can harm patients as well as themselves.

If you have been injured because of a fatigue workplace accident, you may be owed compensation. Contact Advice.co.uk today for a free telephone assessment of your case. If we can see you are eligible for compensation we can give you free legal advice. And our panel of solicitors will start working on your fatigue workplace accident claim right away.

What Duty Of Care Do Employers Have To Prevent Fatigue?

Legislation such as the Health and Safety At Work Act 1974 states that employers owe their workers a duty of care when they are at work. Therefore, this means that they are responsible for their health, safety and wellbeing. So, if an employer acts negligently causing an accident in which a worker is injured, they could be held legally responsible for their injuries. Moreover, the worker would be entitled to make a personal injury claim against their employer for compensation.

When we think of health and safety hazards in the workplace, a loose wire or an unstable handrail may come to mind. However, mismanaging employees to the point where they experience intense fatigue is putting them and others at risk. It is recommended that employers take the prevention of fatigue at work seriously.

The following fatigue management in the workplace steps, can protect workers from fatigue in the workplace:

  • Employees should be given adequate rest time between shifts.
  • Employees should not be given too many night shifts in a row.
  • Managers should consult employees about what schedules or shift patterns they prefer.
  • Allow employees to take adequate rest breaks during shifts.
  • Critical or potentially hazardous tasks should not be taken at a low point in the shift, or at the end of a shift.
  • If an employee does day and night shifts, the shifts could rotate forwards. This means that they rotate morning, to noon, to night, not the other way around.

What’s more, managers can foster a positive working environment where employees can feel they can discuss any concerns they may have about excessive tiredness at work.

Risk Factors Contributing To Fatigue In The Workplace

It is important for workplaces to take note of the Working Time Regulations 1998. However, they should also take a proactive approach to prevent workplace fatigue risk factors. Employers are responsible for drafting regular workplace risk assessments. They should identify what may put employees at risk of exhaustion and workplace fatigue. They should then take effective fatigue management in the workplace steps. This should proactively prevent fatigue workplace accidents.

A risk assessment should take place every time there is a change to the employee’s working patterns. The HSE’s Fatigue Risk Index can be used. Employers should also preempt fatigue in the workplace by having policies on staff overtime and shift swapping. If staff request shift patterns or overtime that seems unhealthy the employer may refuse their request. They should also accept that employees that work night shifts may experience more tiredness from work.

Which Industries Could Cause People To Suffer Fatigue In The Workplace

Anyone with a demanding job can be tired from work. However, people who work in shifts are more vulnerable to developing workplace fatigue. Workers in these professions and industries may be more likely to develop work-related fatigue

People working in the following industries may be more likely to experience work fatigue symptoms:

  • Gas industry
  • Oil industry
  • Emergency services
  • Transport workers, such as long-distance lorry drivers
  • Manufacturing
  • Utilities
  • Chemical industry
  • Hospitality
  • Healthcare workers.

If you have been injured because of an accident due to workplace fatigue, you may be eligible to claim compensation for your injuries. Call Advice.co.uk today for free legal advice about making a compensation claim. If we can see that you are owed compensation for your injuries, our panel of solicitors will start working on your claim right away.

What Injuries Could Fatigue In The Workplace Cause?

Fatigue can contribute to workplace accidents in many ways. This can result in slipping or tripping accidents, accidents caused by the misuse of machinery, road traffic accidents involving a work vehicle and accidents where a worker unintentionally hurts another person.

Accidents caused by employees being tired at work can include the following:

  • Back injuries
  • Cuts and lacerations
  • Soft tissue injuries
  • Broken bones
  • Hand, foot or limb crushing injuries
  • Musculoskeletal injuries
  • Injuries caused by medical negligence. For example, if an overtired doctor makes a medical error when treating a patient in A&E.

Workplace Fatigue Symptoms

What may be the result of a worker being fatigued? Work fatigue symptoms can include the following:

  • A cynical state of mind.
  • Becoming chronically stressed.
  • Difficulty concentrating.
  • Slower response times.
  • Becoming mentally detached from one’s surroundings.
  • Feelings of mental, physical and emotional exhaustion.
  • A state of “burnout” or feeling that nothing can be achieved.

This condition can make the worker more vulnerable to workplace accidents. The worker’s physical or mental health may also suffer as a result.

Fatigue At Work – Claim Time Limits For Injuries

If an accident caused by a worker is because of fatigue and it can be proven that employer negligence caused the fatigue at work, you might be eligible to claim compensation. However, personal injury claims must be started within the time limit. Under the Limitation Act 1980, this is set as being typically three years. It starts from the date of your injuries or the date the injuries could be connected to negligence. However, there are some exceptions that suspend the time limit. These include:

  • If the injured party is under 18, the time limit is suspended until they turn 18. However, during the suspension, a litigation friend could start a claim on their behalf. Should a fatigue at work claim not be started, the claimant will have three years after the date they turn 18 to start a claim.
  • If an injured party lacks the mental capacity to start a claim, then the time limit is indefinitely suspended. A litigation friend could bring a fatigue at work claim on their behalf. Should they regain their mental capacity and would like to pursue a fatigue at work claim, they will have three years from the date capacity is regained if one has not been started.

Should the cause of an accident be due to management not allowing sufficient breaks, call our advisors for free legal advice.

No Win No Fee Injuries Caused By Fatigue In The Workplace

If you have been injured because of an accident due to workplace fatigue, you may be eligible to claim compensation for your injuries. Do you want a solicitor to represent your case but are worried about the financial costs? Have you thought of funding a solicitor through a No Win No Fee agreement?

You will sign a Conditional Fee Agreement (CFA) whereby both parties agree that you will be charged a success fee if your team of solicitors win your claim. Therefore, if you do not win your injury at work claim, you will not be charged a success fee. Many claimants prefer this method of funding a solicitor as there is less financial risk involved.

For free legal advice about claiming compensation for an injury caused by fatigue in the workplace, call Advice.co.uk. We will be happy to discuss the best course of action for your claim, including a No Win No Fee options.

Speak To An Expert

If you have been injured by an accident caused by workplace fatigue, we can help you. Contact Advice.co.uk today using the details below, to see if you are eligible to claim compensation.

  • Call us on 0161 696 9685.
  • Email us using the online accident claims form on our website.
  • Begin chatting to a specialist claims advisor right away, using the live chat feature at the bottom right-hand corner of your screen.

We look forward to hearing from you.

More Information On Fatigue In The Workplace

External Guides

Human Factors: Fatigue – An HSE guide to managing fatigue in the workplace. It includes information on what are human fatigue risk factors.

Why Lack Of Sleep Is Bad For Your Health – An NHS guide.

Accident At Work Claims Guides

Below, you can find links to lots more guides on accidents at work:

  1. Accidents at work FAQ
  2. How to make an accident at work claim
  3. Agency worker accident claims
  4. How to make a claim if injured as a temporary worker
  5. I hurt myself at work, can I make a claim?
  6. Can you sue your employer for an accident while still employed?
  7. How to prove an injury at work
  8. Will claiming against my employer create problems?
  9. Advice on claims if injured working for cash
  10. Do I need accident at work solicitors near me?
  11. Employers’ responsibilities after an accident at work
  12. What happens if an employee does not report an accident or injury at work?
  13. How long after an accident at work do you have to claim?
  14. Do I need a lawyer if I get an injury at work?
  15. New employee had an accident at work – can they claim?
  16. I had an accident at work, what are my employers’ responsibilities?
  17. I didn’t take time off work after an accident, can I still claim?
  18. Who pays my work injury medical expenses?
  19. How to claim for a work accident
  20. What to do if I injured myself at work?
  21. Workplace accident claim time limits
  22. Can you be fired for a work-related accident?
  23. Foot injuries caused by a lack of safety books
  24. Could I make a workplace injury claim if I’m not an employee?
  25. Tendon injury at work claims
  26. Can you claim for an accident at work if you suffered no injury?
  27. How to claim for an injury at work when self-employed
  28. Can I claim if assaulted at work?
  29. Can I be sacked for having an accident at work?

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