You might be wondering ‘can I sue Amazon as an employee if I’ve been injured at work?’. However, it’s important to be aware that not all accidents at work result in claims. In order to make a valid claim, you must be able to prove that you sustained harm as a result of your employer breaching the duty of care they owed you. This guide will explore when you may be eligible to make a workplace accident claim.
Employers owe their employees a duty of care as per certain health and safety legislation. We look at what this means and explore the legislation that governs this throughout our guide.
If you are injured as a result of a breach in the duty of care, you might be able to make a workplace injury claim. We explore how an employers negligence could result in different workplace accidents and examples of injuries that you could sustain as a result.
Additionally, this guide will look at how you could strengthen a claim provided you’re eligible to file one.
In some cases, you may find it beneficial to seek legal representation. If so, this guide could help by exploring the No Win No Fee arrangements that our panel of solicitors offer.
Although we have aimed to cover the information you need, we understand you may still have questions after reading. If so, our advisors can answer any questions you may regarding your potential claim.
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- Can I Sue Amazon As An Employee If I’m Injured At Work?
- What Accident At Work Claims Could You Make?
- The Steps To Suing An Employer For An Accident Or Injury
- What Is The Limitation Period For An Accident At Work Claim?
- How Much Compensation Could I Get For A Workplace Accident?
- Contact Us To Learn More About Whether You Can Sue Amazon As An Employee
Under the Health and Safety at Work etc. Act 1974 (HASAWA), your employer owes you a duty of care. This means that they are responsible for taking reasonably practical steps to reduce or remove workplace risks.
As such, to make a valid accident at work claim, you need to prove:
- You were owed a duty of care.
- A breach occurred.
- You experienced harm in the form of a physical or psychological injury as a result of the breach.
To sue your employer, however, you must supply evidence of this. Further into this guide, we explore examples of evidence that could help strengthen your claim.
Alternatively, you could call our team to find out whether you could sue Amazon as an employee by understanding when claims might be justified. They can also help you understand your rights after an accident at work.
It is your employer’s responsibility to reduce or remove the risks any workplace hazards pose to employees by taking reasonable steps. These steps could include:
- Providing training that’s adequate and sufficient. Inadequate training on how to lift objects safely could result in manual handling injuries. As part of their duty of care, employers should ensure employees are taught the correct procedure for handling heavy objects.
- Providing adequate rest breaks throughout an employees shift and in between shifts. A failure to do so could result in employees experiencing tiredness and fatigue. This could increase the risk of accidents occurring. For example, an employee may fail to operate a piece of machinery correctly resulting in a forklift accident.
- Carrying out regular risk assessments on equipment. Failure to do so could result in falls from heights from an unsafe ladder. This could cause an employee to sustain a head injury.
- Ensuring the work area, such as walkways, remain clear. If they don’t it could result in an employee sustaining a leg injury after a slip, trip and fall on stock that hadn’t been tidied away correctly.
If you have experienced negligence on the part of your employer that has caused you harm, you might wonder ‘can I sue Amazon as an employee?’. Call our team to find out when claims could be justified.
Workplace Injury Statistics
A total of 51,211 non-fatal injuries to employees were reported by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
These reports are collated by the Health and Safety Executive (HSE). As per the reports, we can see that of the 51,211 non-fatal injuries:
- 1,860 occurred due to contact with moving machinery
- 1,891 involved a strike against a fixed object
- 9,314 due to handling, lifting or carrying.
If you have a valid claim, you might be wondering ‘how can I sue Amazon as an employee?’. However, not all accidents at work will mean a claim can be made. It’s important that you prove that your employer acted negligently. To do so, you could gather evidence such as:
- Contact details of any witnesses.
- CCTV footage.
- Copies of your accident detailed in the workplace accident book.
- Pictures of your injuries.
- Pictures of the site of the accident.
Additionally, you can seek medical attention for your injuries. In doing so, it can mean there are a record of the injuries you sustained and the treatment you received for them. You can use your medical records to support your case.
A solicitor could help you gather evidence, such as contacting any witnesses for statements. They can also arrange for you to attend a medical assessment as part of the claims process. This is often done by an independent medical professional. The report they produce can give details on the nature and full extent of the injury you sustained.
Call our team to find out more.
There is a time limit that you should be aware of before making a claim. Under the Limitation Act 1980. generally, you will have three years to start your claim. The three years could start from the accident date or the date you connected your injuries with negligence.
However, exceptions may apply. These include when the person claiming is under the age of 18. In these instances, the three years won’t begin until the date of their 18th birthday. Before this point, the courts could appoint a litigation friend to start the claim on their behalf.
Other exceptions may also apply to those who don’t have the mental capacity to claim. In these instances, the three years are suspended and a litigation friend could be appointed to start the claim on the persons behalf during this time. Alternatively, if a claim hasn’t already been made on their behalf and they regain their capacity to claim themselves, they can do so from the recovery date.
For more information, get in touch with our team on the number above.
The settlement you receive following a successful injury at work claim could comprise of two heads. These are known as general and special damages.
General damages is the head of claim that seeks to compensate for the pain and suffering your injuries have caused you. It accounts for the way in which your injuries have impacted your quality of life and the future impact they may have.
Legal professionals may use findings from the medical assessment you attend as well as the Judicial College Guidelines (JCG) to help value this head of claim. This document contains a list of injuries with corresponding compensation brackets.
We have used figures from the sixteenth edition of this document to create the table below. You should only use them as a guide because they are not reflective of what you will receive.
|Moderate brain damage (c) (ii)
|£90,720 to £150,110
|Where brain damage has resulted in an intellectual deficit and a significant risk of epilepsy.
|Severe neck injury (a) (ii)
|£65,740 to £130,930
|Considerably severe disabilities as a result of serious fractures or disc damage.
|Severe back injury (a) (i)
|£91,090 to £160,980
|Spinal cord and nerve root damage that causes serious issues.
|Severe psychological damage (a)
|£54,830 to £115,730
|The person will have significant issues and a very poor prognosis.
|Wrist injuries (a)
|£47,620 to £59,860
|Complete loss of wrist function.
|Hand injuries (a)
|£140,660 to £201,490
|Where both hands have been totally or effectively lost.
|Ankle injury (b)
|£31,310 to £50,060
|Injuries that result in significant disabilities.
|Very Severe Scarring (a)
|£29,780 to £97,330
|Severe psychological reaction and disfigured cosmetic appearance.
|£14,900 to £24,170
|Physical limitations and continuing pain even after repair.
|Chest injuries (d)
|£12,590 to £17,960
|Permanent tissue damage but no significant lung function impact in the long-term from a chest injury.
Under special damages, you could recover financial losses that related to your injuries.
In order to receive special damages, however, you must be able to prove your costs. If you have to pay for prescriptions, for example, you could provide a receipt or invoice. Also, if you would like to claim for loss of earnings, you can provide your payslips as proof.
Contact our advisors to learn more about the compensation you could receive.
There are different types of No Win No Fee arrangements, which are a way you can fund legal representation. The solicitors from our panel can offer to represent your claim under a Conditional Fee Agreement (CFA).
By using a CFA you won’t pay an upfront fee for your solicitor’s services. You also won’t pay ongoing costs while your claim proceeds.
If your claim succeeds, you will be charged a success fee from your compensation. However, this fee is capped by law. Furthermore, you won’t need to pay the fee if your claim fails.
To find out more about working with a solicitor from our panel, you can get in touch with our team. They can also provide further guidance on whether you could sue amazon as an employee injured at work due your employers negligence.
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Related Guides On How To Sue Amazon As An Employee
The following links might be helpful:
Below, you can find links to lots more guides on accidents at work:
- Accidents at work FAQ
- How to make an accident at work claim
- Finger injury at work claims
- Shoulder injury at work claims
- Building and construction site accident claims
- I was injured due to gross misconduct at work
- Learn about claiming against an Amazon driver with our helpful compensation claims guide
- Find out if you can sue Amazon in the UK, how to go about making a claim and what proof is needed in order to be successful
We hope this guide exploring the question ‘can I sue Amazon as an employee if I’m injured at work?’ has helped. Call us if you need any other information.