When Can I Claim If My Workplace Is Denying Liability For An Accident At Work?

If you have been injured in the workplace but your employer is not accepting responsibility for the accident, you may be asking “Can I claim if my workplace is denying liability for an accident at work?”. If so, this guide could help as it will discuss when you could be eligible to seek compensation even when an employer is not accepting fault for the accident or your injuries.

Additionally, our guide will look at the law that sets out your employer’s duty of care to prevent accidents at work and how to prove your employer is liable for your injuries.

We then look at how much compensation you could be eligible to claim and how payouts are calculated. Finally, we look at how a specialist No Win No Fee solicitor from our panel could help you claim compensation for a workplace injury.

Read on to learn more about making a claim for a work accident and whether you could be connected with a solicitor from our panel. To get in contact with our expert advisors, you can:

An injured worker lying on the floor after an accident at work.

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Can I Claim If My Workplace Is Denying Liability For An Accident At Work?

If your workplace is denying liability for an accident at work you may be wondering what to do and whether you could still claim compensation. If you were injured in the workplace and can show that the accident was caused by a negligent employer you may have grounds to claim.

Any employer owes their employees, including those on a probation period, a duty of care. This means that they should take reasonable and practicable steps to prevent employees from becoming injured at work or as they carry out their work-related duties.

They must also ensure that workplaces are kept safe, including facilities and equipment provided for use at work. An employer’s duty of care is set out under The Health and Safety at Work etc. Act 1974.

If a workplace accident occurs because your employer breaches their duty of care, you might wonder whether you could make a work injury compensation claim.

The eligibility criteria that need to be met to make an injury at work claim are:

  • Your employer owed you a duty of care at the time and place of the accident.
  • This duty was breached.
  • You suffered an injury as a result of the breach.

These three criteria lay the basis of negligence in personal injury claims and must be proven in order to seek compensation. However, liability doesn’t necessarily have to be admitted for a claim to settle. In some cases, a settlement offer might be made even after an employer denies responsibility for an accident. As such, it may be possible for you to claim if your workplace is denying liability for an accident at work.

Read on to learn what you can do if your employer has not accepted responsibility and to find out what is required to prove negligence.

Is There A Time Limit To Make A Personal Injury Claim?

The Limitation Act 1980 set out time limits to claim compensation for a personal injury. In most cases, the standard time limit of three years in which to make a claim will apply. This means that you have three years either from the date of the accident to start legal proceedings.

However, there are some exceptions to this limitation period, such as where the claimant is under the age of 18 or lacks the mental capacity to claim for themselves. To learn more about the time limit exceptions, please contact an advisor on the number above.

Examples Of Accidents At Work Caused By Employer Negligence

There are several ways an accident at work leading to an injury could occur due to a breach of duty by an employer. For example:

  • An employer may fail to provide adequate training to an employee before instructing them to carry out manual handling tasks. As a result, the employee uses the wrong lifting techniques and injures their back as a result.
  • An employer may fail to provide the necessary personal protective equipment, including a hard hat, to an employee working on a construction site. As a result, the employee is hit on the head by falling objects and sustains severe brain damage.

Please note, not all accidents at work are the result of an employer breaching their duty of care. As such, it’s not always possible to claim compensation.

To discuss your specific case and find out whether you’re eligible to make a workplace accident claim when an employer denies liability, call our team using the number above.

A worker trapped under a ladder. Another worker is running to help.

What Evidence Can Help If A Workplace Is Denying Liability For An Accident At Work?

When you claim and a workplace is denying liability for an accident at work, there are some steps you can take to strengthen your case. For example, the following types of evidence could help to support your claim.

  • Photographic or video evidence: Any CCTV footage or photos of the accident taking place or the immediate accident scene and your injuries could help to demonstrate how and why the accident happened.
  • Witness contact details: If anyone else witnessed the accident taking place and could provide witness statements in support of your claim, you should collect their contact information.
  • Copies of the accident report log: Workplaces with 10 or more employees are required to keep a record of accidents and injuries in an accident report log. Copies of this record could help to demonstrate when and how the accident took place.
  • Medical records: You should get medical treatment for any injuries at the earliest possible time. Not only does this ensure you are taking care of your health, it also means that there is a medical record of the injuries you sustained.
  • Keeping a diary: In this diary, you can record the impact that the accident has had on you physically and mentally, as well as how the injuries have progressed.

You may also wish to seek legal advice. If you choose to instruct a personal injury solicitor from our panel, they could help you through the different stages of the accident at work claims process as well as assist you with building your case.

Call today to find out more about the claims process and whether a solicitor could help you claim compensation and prove employer liability.

What Compensation Could I Receive From A Claim For Workplace Injuries?

After a successful personal injury claim, you could be awarded a settlement comprising up to two heads of loss. The primary head is called general damages which compensates for the pain and suffering of your injuries.

When valuing general damages, reference can be made to medical evidence and the guideline award brackets from the Judicial College Guidelines (JCG). The figures in this document correspond to different types of injuries. You can find a selection of these amounts in the table below, with the exception of the first entry. Please note, the figures below may differ to what you could be awarded as each settlement is unique.

Compensation Table

Injury TypeSeverityNotesCompensation Brackets - Guidelines
Multiple serious injuries and financial costs.SeriousCompensation for the mental and physical impact of multiple serious injuries as well as financial losses, such as lost income, care costs, and travel expenses.Up £1,000,000 and above
Head injuries Very Severe (a)The person does not have any meaningful response to their environment as well as poor language function and double incontinence. They need full-time nursing care.£282,010 to £403,990
Moderate (c) (i)Moderate to severe intellectual deficit, personality change, effect on senses, substantial epilepsy risk, and no employment prospects.£150,110 to £219,070
Back injuriesSevere (a) (i)Severe injuries which involve damage to the spinal cord and nerve root. £91,090 to £160,980
Moderate (b) (i)Cases include a prolapsed intervertebral disc requiring surgery.£27,760 to £38,780
Neck injuriesSevere (a) (i)A neck injury leading to permanent spastic quadriparesis or associated with incomplete paraplegia.In the region of £148,330
Moderate (b) (i)Fractures or dislocations resulting in severe symptoms that may require surgery, such as a spinal fusion.£24,990 to £38,490
Ankle injuriesVery Severe (a)This bracket includes cases of a transmalleolar ankle fracture. There will be extensive damage to the soft tissues leading to deformities. £50,060 to £69,700
Modest (b)Examples of injuries included in this bracket cover sprains, ligament injuries or less serious fractures.Up to £13,740

Claiming Special Damages In A Work Injury Compensation Claim

In addition to general damages a work injury compensation claim payout could also include special damages. This is the second head of loss that awards compensation to address the impact that the injury has had on you financially.

Special damages may be awarded for the following costs:

  • The cost of medical care.
  • Lost earnings and income.
  • The cost of adaptations to your home or vehicle.
  • Medical expenses.
  • The cost of travelling to medical appointments.

Evidence is required to claim these losses back. As such, you should keep hold of any payslips, receipts, invoices, or other documentation that can prove these costs.

For more information on how much personal injury compensation you could receive for a successful claim, please contact an advisor on the number above. They can offer a free estimate of your potential settlement. They can also provide further guidance on the question ‘Can I claim if my workplace is denying liability for an accident at work?’.

Stacks of coins representing a work compensation payout.

Claim With Accident At Work Solicitors On A No Win No Fee Basis

If you choose to instruct a solicitor from our panel to represent your accident at work claim, they could offer several services. For example, they can help you gather evidence to support your case, explain any complex legal jargon, and ensure you receive a fair settlement.

Additionally, they offer these services under the terms of a Conditional Fee Agreement (CFA) which is a type of No Win No Fee solicitor. This means that you do not need to make any initial payments upfront for their work. Your solicitor also won’t charge you for their ongoing services as the claim proceeds.

If your claim is successful, they will deduct a success fee from your compensation. This is taken as a percentage which has a legal cap ensuring you keep the majority of your awarded settlement. If your injury at work claim is not successful, there will be no success fee to pay.

Contact Us About Claiming With A Personal Injury Solicitor

For more information on claiming with a solicitor under a No Win No Fee agreement or to discuss the question ‘Can I claim if my workplace is denying liability for an accident at work?’, get in touch with our team. To do so, you can:

A solicitor working on a claim when a workplace is denying liability for an accident at work.

Learn More About How To Prove Negligence In An Accident At Work Claim

For more of our helpful guides relating to accident at work claims:

Additionally, we have provided some helpful resources:

If you need any other guidance on the question “Can I claim if my workplace is denying liability for an accident at work?”, please contact an advisor on the number above.