Can You Claim If There Has Been No Risk Assessment After An Injury?

No-Risk-Assessment-After-An-Injury

A Guide To Can You Claim If There Has Been No Risk Assessment At Work After An Injury

In this guide, we will explore if you could potentially make a claim for an injury you suffered when no risk assessment at work after an injury occurred. Our guide aims to provide information on why risk assessments in the workplace are important in ensuring employee safety and how injuries may result from employee negligence. 

As well as this, we will delve into the advantages of using a No Win No Fee solicitor for your accident at work claim. 

If you’ve been injured because there is no risk assessment after an injury at work has occurred, please don’t hesitate to get in touch. One of our advisors may connect you with a solicitor from our panel if you have a valid claim.

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Browse Our Guide

  1. When Are You Eligible To Claim For An Accident At Work?
  2. Can You Claim If There Has Been No Risk Assessment At Work After An Injury?
  3. Potential Evidence When Claiming For An Accident At The Workplace
  4. How Much Accident At Work Compensation Could You Receive?
  5. Claim Accident At Work Compensation On A No Win No Fee Basis – Contact Us Today
  6. Learn If You Can Claim If There Has Been No Risk Assessment At Work After An Injury 

When Are You Eligible To Claim For An Accident At Work?

In an accident at work claim, settlements can be awarded if you can prove that your injuries are a result of employee negligence. When you’re at work, your employer is required by law under The Health and Safety at Work etc. Act 1974 to take reasonable steps to protect your health and safety while at work. This is known as a duty of care. An employer’s duty of care means that they must take all reasonable steps to ensure the safety of all staff members. 

These reasonable steps may include:

  • Carrying out risk assessments as regularly as is reasonably practicable
  • Making sure all staff have adequate training
  • Providing Personal Protective Equipment where necessary (PPE)
  • Ensuring all potential hazards are appropriately signposted

As such, if health and safety laws are compromised, and you are injured, you could potentially pursue a personal injury claim. For more information, contact us today.

Can You Claim If There Has Been No Risk Assessment At Work After An Injury?

Risk assessments are designed to aid employers with identifying hazards. When a hazard is identified, it should be reduced or eliminated to help control and maintain the safety of the workplace. The Management of Health and Safety at Work Regulations 1999 states that all employers must:

  • Pinpoint any hazards that may potentially cause an accident
  • Work out how likely it is that an injury may occur and how severe those injuries may be
  • Act on the results found by removing or controlling the risk
  • Record the findings from the assessment
  • Review the controls to ensure they are working correctly

bbThis guide is about whether you can claim for an injury when no risk assessment at work has taken place after someone else was injured: meaning you have been injured by the same hazard. Risk assessments are important for identifying risks of injury to employees. If an employee trips over trailing wires in an office, then conducting a risk assessment after this accident is vital to ensuring that it does not happen again. If no risk assessment is carried out and the hazard is not controlled, another employee who is injured in the same way could have a valid accident at work claim. 

Potential Evidence When Claiming For An Accident At The Workplace

In order to pursue a claim, you must be able to show how employer negligence contributed to or directly caused your injuries. Examples of evidence that you can collect are:

  • Photographs of your injuries and the accident site where it took place
  • CCTV footage that captured the accident
  • Medical records. This may include X-rays, scans or prescriptions
  • Accident book admission of your injury
  • Contact details of any witnesses that may be willing to give a statement at a later time
  • Keeping a diary of your treatment and symptoms. This will illustrate your mental and physical state after the accident.

If you require legal assistance as a result of there being no risk assessment at work after an injury, which led to you being harmed, our panel of personal injury solicitors can assist you. Alongside building your case, they can collect evidence to support your claim. Contact an advisor today.

How Much Accident At Work Compensation Could You Recieve?

Successful compensation claims can be granted two different heads of claim – general damages and special damages. General damages account for the pain and suffering that you’ve experienced as a direct result of your injuries. 

To help calculate the value of general damages, legal professionals, such as solicitors, use the Judicial College Guidelines (JCG). This is a publication which includes compensation guideline brackets for injuries that can be sustained. The table below will display some examples. Please note that every claim is unique to the individual, and the value of your injuries will be assessed on a case-to-case basis.

Compensation Guideline Table

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Injury Notes Award Bracket
Neck Injury Severe (i). Little or no movement in the neck In the region of £148,330
Neck Injury Moderate (ii). Serious restriction of movement with possible need for further surgery £13,740 to £24,990
Leg Injury Severe (i). Injuries are just short of amputation with extensive bone grafting undertaken £96,250 to £135,920
Leg Injury Severe (iv). Multiple fractures or crush injuries incurred £27,760 to £39,200
Arm Injury Severe. Injuries are just short of amputation with the person slightly better off than if it had been lost £96,160 to £130,930
Arm Injury Simple fracture to forearm £6,610 to £19,200
Wrist Injury All function in the wrist has been lost £47,620 to £59,860
Wrist Injury A simple Colles fracture In the region of £7,430
Foot Injury Severe. Fractures in both feet with restricted mobility £41,970 to £70,030
Foot Injury Moderate. Metatarsal fractures leading to permanent deformity. £13,740 to £24,990

Claiming Financial Losses In An Employer Negligence Claim

Alongside general damages, special damages may also be awarded to compensate for any financial losses as a result of your injury. You may be able to claim for:

Evidence of these costs is needed should you claim them back. Any tangible proof, such as receipts, payslips or invoices, is acceptable.

For more information, contact one of our advisors to see if you could be connected with our panel of accident at work solicitors.

Claim Accident At Work Compensation On A No Win No Fee Basis – Contact Us Today

By getting in touch with one of our advisors, you may be connected to a No Win No Fee solicitor. A No Win No Fee agreement offers people the opportunity to receive legal representation at no up-front cost. It also means that:

  • As the claim progresses, you won’t have to pay anything
  • If your case is unsuccessful, you don’t have to pay your solicitor’s fees

Should you win your claim, a small, legally capped percentage will be taken off the compensation that is awarded. 

To find out if you can make a workplace injury claim, please reach out to a member of our team. Our advisors may connect you with a No Win No Fee solicitor if you have grounds to pursue a valid accident at work claim.

Contact us today by:

Learn If You Could Claim If There Has Been No Risk Assessment At Work After An Injury

Here are some of our guides that you may find useful:

How To Prove Your Foot Injury At Work

Can You Sue Your Employer For An Injury While Still Employed?

I Was Injured In A Serious Accident At Work, How Do I Claim?

Extra helpful resources:

HSE – Health and Safety Executive

NHS – When to call 999

NHS – Back pain