You may be aware that while you’re at work, your employer has a duty of care to protect your safety. That means they need to implement measures to assess the workplace and reduce any risks that they find. If they fail to do so, and you’re injured in a workplace accident, you could sue them for your suffering as well as any costs caused by your injuries. However, is it possible to be compensated for an accident at work with no injury? That’s what this guide will concentrate on. We’ll look at what needs to have happened before you can claim damages, what to do if an accident occurs and how much you could be compensated.
Advice.co.uk could help you if you are thinking of claiming. Our claims team can review your case on a no-obligation basis. They’ll give you free legal advice and will let you know if you could have a valid claim or not.
If your claim has a good chance of success, we could refer you to a personal injury solicitor from our panel. If they agree to work for you, they will do so on a No Win No Fee basis.
To discuss your options with a specialist advisor today, please call our advice line on 0161 696 9685. To find out more about your options regarding a no-injury accident claim, please read more of this guide.
Select A Section
- A Guide On If You Can Claim For An Accident At Work With No Injury
- Calculate Compensation For Injuries In The Workplace
- Types Of Damages
- What Is An Accident At Work With No Injury?
- Why Could You Not Claim For An Accident At Work With No Injury?
- Check When You Are Eligible To Claim For An Accident At Work
- What Should You Do If Your Workplace Accident Didn’t Cause An Injury?
- How Do You Record And Report Workplace Accidents?
- Staying Safe In The Workplace
- Minimising And Preventing Accidents At Work
- No Win No Fee Accident At Work Compensation Claims
- Get In Contact With Us
- Related Guides
- Health And Safety Statistics
- FAQs On Accidents At Work
A Guide On If You Can Claim For An Accident At Work With No Injury
The Health and Safety at Work Act 1974 dictates that employers must “ensure, so far as is reasonably practicable, the health, safety and welfare” of their staff while at work. Moreover, the Employers’ Liability (Compulsory Insurance) 1969 means that they must have an insurance policy in place to cover claims made for injuries sustained in the workplace due to negligence. This means that when you make a claim following a workplace accident, your compensation will be paid by the insurers and won’t come from your employer directly.
To make a personal injury claim, you must be able to show that you have sustained:
- A physical injury;
- Industrial disease or illness; or
- A recognisable and diagnosed psychiatric injury.
If you haven’t suffered any of the above, you may not be eligible to make a personal injury claim. Also, to prove that you have suffered, you will need to provide evidence. Generally, this will include a medical report from your GP or a hospital along with a medical report following a medical assessment that will be arranged when you pursue a claim. As you can see, if your employer is responsible for a workplace accident, that causes you an injury you could pursue a personal injury claim. If you suffer no injury you could not make a persona injury claim but if you damaged any property in the accident such as clothing or a mobile phone you could ask to be compensated for this.
Claims time limit
If you can show how an accident has injured you and wish to claim, then you’ll need to abide by the time limits. Generally, this is a 3-year period that begins from the date of the accident. However, there are some exceptions to this.
Please get in touch if you’d like to find out more about the time limits that apply to personal injury claims. Our advisors will also be happy to take the details of your case and advise you whether you have grounds for a compensation claim. If your case is valid, we could refer you to a personal injury solicitor from our panel.
Calculate Compensation For Injuries In The Workplace
In this section, we’ll provide some examples of compensation settlements that could be awarded if you do sustain an injury. While we’ve listed some figures, we’d advise you to speak to one of our advisors. After they’ve reviewed your case, they should be able to offer a personalised estimate.
The compensation awarded for your injuries is known as general damages. It is used to cover the pain, suffering and any loss of amenity caused by your injuries. As insurers and lawyers use the Judicial College Guidelines (JCG) to help calculate settlements, we have used its figures in our compensation table. This is a publication that provides guideline compensation brackets for a variety of injuries of different severities.
|Injured Body Pary||Severity||Compensation Range||Extra Comments|
|Neck||Moderate||£12,900 to £23,460||Wrenching-type or soft-tissue injuries that cause discomfort, stiffness, permanent or recurring pain and serious loss of movement.|
|Back||Minor||£7,410 to £11,730||Soft tissue damage to the back. Smptoms will almost fully resolve after around 5-years (without surgery).|
|Shoulder||Moderate||£7,410 to £11,980||Covers a frozen shoulder causing limited movement and discomfort. This will last for around two years.|
|Elbow||Severe||£36,770 to £51,460||Seriously disabling elbow injuries.|
|Knee||Moderate||£13,920 to £24,580||Dislocated knees, torn meniscus or damaged cartilage injuries.|
|Ankle||Severe||£29,380 to £46,980||Injuries that require screws, pins and metal plates to repair the injury. This will cause residual disability and may require extensive treatment.|
As well as showing that you have been injured, you need to demonstrate how seriously you were affected. Therefore, as part of the claims process, you’ll need to have a medical assessment. The solicitors on our panel can usually make appointments in your local area.
During the appointment, an independent specialist will question you, examine your injuries and assess your medical records. Once they’ve finished, they will produce a report detailing your injuries and providing a prognosis for future suffering too. This will be sent to the person handling your claim and used in conjunction with the JCG to value your claim.
Types Of Damages
When you have sustained injuries in a workplace accident, you could claim back any costs that they have caused you to incur. This is known as the special damages head of your claim. Within your claim, you could ask for the following to be paid:
- Care costs. This might include an hourly rate for a relative who supported you during your recovery.
- Medical expenses. Although the NHS will treat your injuries for free, you could incur other medical costs. For example, you may need to claim back the cost of prescriptions or services not provided by the NHS.
- Travel-related costs. In some instances, you could incur fuel costs or parking fees linked to hospital visits. You can also claim for public transport costs if your injuries mean you can’t drive.
- Lost income. If you lose some or all of your income for the period while you’re off work recovering, this loss could be claimed back.
- Modifications to your home. For injuries that result in a disability, you could ask for the costs of adapting your property. For example, the cost of a handrail or ramp at your door to make access easier could be claimed back.
- Future lost income. Where there is a long-term adverse effect on your ability to work, you could claim for future income reductions, too. This would be calculated based on your age, current salary and job prospects.
As with your injury claim, special damages will require evidence. Therefore, you’ll need to retain bank statements, receipts and other documents that show the amount you’ve spent.
What Is An Accident At Work With No Injury?
If you’ve been involved in an accident at work with no injury, this means that you would not be able to seek compensation through a personal injury claim. That’s because, to be eligible to seek damages in a personal injury claim, one of the criteria that must be met is that you have been injured in some way.
There are various types of accident at work that could occur as a result of negligence that does not result in injury. They could include:
- Lightweight boxes falling from shelving and hitting you.
- Slipping on a wet floor but not falling.
- Workplace vehicle collisions at very low speeds.
In these instances, if property is damaged but no injury then you could ask to be compensated for the replacement of damaged property. While the accident might have been avoidable had your employer done something differently, you wouldn’t be able to make a personal injury claim unless you’d suffered some sort of injury.
Why Could You Not Claim For An Accident At Work With No Injury?
Personal injury claims have several different criteria that we’ll examine shortly. The most important is that following an accident, you must have sustained an injury. Without being injured, it will not be possible to seek personal injury compensation.
The idea behind compensation is to put you in the same position you were in before the accident as much as possible while accounting for any future hardship, too.
If you would like us to validate whether you might be able to claim, why not speak with us today? Our team of advisors will be happy to offer you free legal advice about making a claim.
Check When You Are Eligible To Claim For An Accident At Work
Now, we’ll look at the criteria when a claim would be possible following a workplace accident. In order to make a successful personal injury claim, you need to show that:
- You were owed a duty of care;
- The defendant was negligent, and that resulted in an accident; and
- As a result, you suffered an injury or were made ill.
You won’t need to provide evidence that you were owed a duty of care while at work. This is because all employers have a duty of care to their employees while at work. Failure to uphold this duty of care could result in injury which may lead to a work accident claim.
If your case meets those three criteria, you could discuss it with our claims team. They will look at what evidence you have to support the case and explain your options. If the claim has a reasonable chance of success, we could connect you with a personal injury solicitor from our panel. If they accept the case, their fees will be covered by a No Win No Fee agreement.
What Should You Do If Your Workplace Accident Didn’t Cause An Injury?
Even if you didn’t sustain an immediate injury during a workplace accident, you should report it in the workplace accident book. While your employer might not need to record it officially to RIDDOR, it could be important.
This is because some injuries aren’t always noticeable straight after an accident occurs. For that reason, we would advise including all the relevant details of the accident in the accident book report.
It could be useful to take a picture of the scene of the accident. Try to capture the cause of the accident and any visible injuries. This is in case you require evidence if you decide to claim in the future.
How Do You Record And Report Workplace Accidents?
In this section, we’re going to look at what should be done when a workplace accident occurs. In this section, we’re going to supply information that might help you if an injury was caused by the accident.
Report An Accident At Work
If you have an accident at work it is a good idea to have it logged in the accident book. This can be used as evidence if you go on to make a personal injury claim. Then, for certain injuries and accidents, they may need to report the incident to the government.
Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), the following must be reported:
- Work-related fatalities.
- Some dangerous incidents or near misses.
- Some industrial diseases.
- Workplace accidents that result in workers being incapacitated for a period of 7-days or more.
Record An Accident At Work
This should contain information about the accident, including:
- Where the accident occurred.
- The date and time that the accident took place.
- The individuals involved.
- What injuries were sustained.
Staying Safe In The Workplace
Employees also have a duty to try and keep you as safe as possible at work. This means that they should follow any safety procedures and use the correct processes at all times.
For example, if your employer has provided you with Personal Protective Equipment (PPE), it should be used when needed. Similarly, you should follow any training you have been given to reduce the risk of harm when carrying out your duties.
You may have been injured in the workplace because of your own actions, for example, because you weren’t wearing the correct PPE. In these cases, you generally won’t be able to make a claim.
However, in some cases, it could be argued that both you and your employer contributed to the circumstances of your accident and subsequent injures. This is known as contributory negligence, and in these cases, you may be able to claim. Get in touch with our team today for more information.
Minimising And Preventing Accidents At Work
Employers should conduct regular risk assessments to try and spot anything dangerous in the workplace. If a hazard is spotted in these checks, it should be removed where possible. If the hazard cannot be removed, it should be reduced.
Where this does not happen, any injuries could be claimed for if the accident could’ve been avoided. For example, you could claim for injuries caused by:
- Accidents caused by a lack of proper training.
- Poorly maintained, faulty or damaged equipment.
- Unsuitable PPE.
- Tiredness caused by insufficient rest breaks.
- Not being told about the company’s safety procedures.
Where you can show your injuries happened because of a negligent employer, we might be able to help you start your claim. Why not call our specialists today to find out more?
No Win No Fee Accident At Work Compensation Claims
We know that many people defer their claims because they are concerned about losing money on solicitor’s fees. That is understandable, and it’s why our panel of solicitors provide their services on a No Win No Fee basis. That means that if your claim is accepted, you’ll benefit from their legal experience but with reduced financial risks.
Before accepting your case, a solicitor will see if it is viable. If they decide to work for you, they’ll give you a contract called a Conditional Fee Agreement (CFA). This lets you know what your solicitor needs to do for you before they are paid.
In the CFA, you’ll see a success fee included. This is the percentage of any compensation you receive that your solicitor will keep if the case is won. By law, success fees are capped to prevent overcharging.
When using a No Win No Fee agreement, you won’t:
- Be asked to pay the solicitor in advance.
- Pay your solicitor’s fees while they process your claim.
- Have to pay your solicitor’s fees at all if the claim is lost.
Get In Contact With Us
Why not speak to our advisors today to find out more about claiming? To reach out to our team, you can:
- Contact our claims advice centre on 0161 696 9685.
- Use the live chat to discuss your claim from your browser.
- Complete our contact form, and we’ll get back to you.
Our claims team will discuss your case with you during a free, no-obligation telephone consultation. An advisor will go through everything with and review your evidence. If the claim seems to have a good chance of success, we could pass it to a solicitor from our panel who may represent you on a No Win No Fee basis.
Here are some more guides, links and resources that you might find useful:
RIDDOR – The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 that dictate what incidents must be reported by employers.
Employment Contracts – Government information on what should be included in your contract of employment.
Health And Wellbeing At Work – Some useful guides from Acas on workplace health strategies.
Unfair Dismissal Claims – Our guide about when you could claim if you been fired unfairly.
Will Workplace Claims Cause Problems? – This guide explains why employers can’t discipline you or fire you for making a claim.
Manual Handling Injuries – This article shows why you could claim for injuries sustained while lifting.
Health And Safety Statistics
In this section, we are briefly going to look at statistics released by the Health and Safety Executive for 2019/20. Their data reveals that:
- According to the Labour Force Survey, nearly 700,000 workers sustained injuries.
- There were 111 fatalities in workplace incidents.
- There were 38.8 million days lost due to work-related injuries and illnesses.
- Asbestos exposure resulted in 2,446 deaths in 2018.
FAQs On Accidents At Work
In this final part of our article, we have attempted to answer some questions that commonly arise about accidents at work.
What happens if an accident at work is not reported?
If you fail to report an accident at work, it probably won’t be recorded in an accident log. That could result in you being unable to prove what happened if you go on to make a personal injury claim.
Is an accident at work classed as sickness?
Sick pay is something you can claim if you need time off work because you’re unwell. This can include if you’ve been injured at work. Many companies pay Statutory Sick Pay (SSP), but your employer may offer enhanced sick pay through their own scheme.
I had an accident at work, can I claim?
You have a right to a personal injury claim if an accident caused by their negligence resulted in you becoming ill or sustaining an injury. All employers are legally obliged to have liability insurance to cover such claims.
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