Can You Sue Your Employer If You Get Hurt On The Job?

Can You Sue Your Employer If You Get Hurt On The Job Claims Guide

Can you sue your employer if you get hurt on the job? This question may be presenting itself to you right now if you were hurt at work in an accident that was not your fault. This guide aims to explain your rights after a workplace accident and the steps you can take either independently or with a personal injury solicitor to help get the compensation you deserve.

Suing your employer may be something that concerns you. Perhaps you are worried about possible repercussions? Or the details you will need to provide? Don’t face the challenge alone:

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Or, simply continue reading. This guide is full of free information and explains how a personal injury solicitor could expertly guide your search for damages.

Select A Section

What Duty Of Care Does Your Employer Owe You?
Can I Sue My Employer For Lack Of Duty Of Care?
How Do You Prove Employer Negligence?
Could I Be Dismissed For Making A Claim Against My Employer?
What Can You Sue Your Employer For If You Get Hurt On The Job ?
Can You Sue Your Employer If You Get Hurt On The Job? – Find Out By Calling Us

What Duty Of Care Does Your Employer Owe You?

Can you sue your employer if you get hurt on the job? This may seem like a straightforward question. But it depends on a crucial ability to prove the employer failed in their legal responsibility to keep you as safe as can be reasonably expected while working. Did they fail to provide a workplace where hazards or risks were reduced or removed as much as possible?

This legal ‘duty of care’ is outlined in the Health and Safety At Work etc Act 1974 and every employer must comply with its requirements to keep employees as safe at work as reasonably practicable. Some key requirements include:

Maintaining safe work premises
Providing proper personal protective equipment (PPE) as needed as per the Personal Protective Equipment At Work Regulations 1992
Giving training and supervision as required
Conducting regular risk assessments and acting promptly on any health and safety concerns.

There are other requirements and the Health and Safety Executive (HSE) details the correct application for different work environments or scenarios. For example, for those working at heights or with chemicals and hazardous substances.

Can I Sue My Employer For Lack Of Duty Of Care?

However you were injured at work, answering the question ‘can you sue your employer if you get hurt on the job?’ will start by looking at if there was any liability for the accident. This means was the accident caused because of negligence? Was there a breach in the duty of care owed to you?

Under the terms of the Health and Safety At Work etc Act 1974 in Section 7, employees also have a responsibility to look after themselves and each other at work as much as possible too, so it’s important to be clear. Speak to our team for help with this.

You may be clear on the fact that your injury was sustained through negligent practices. Or that preventing them was the employer’s responsibility. This could include issues such as:

Failure to apply housekeeping standards, perhaps resulting in wet, slippery floors that cause a slip, trip, or fall.
Machinery or tools that are not maintained correctly and give rise to potential soft tissue injuries
Unguarded heights that may result in serious head or back injury after a fall
Collision with vehicles through poor operation
The incorrect storage or use of hazardous substances or materials.

Any of these scenarios could result in a workplace injury. Preventing unnecessary hazards or risks is a central requirement for all employers. If they fail to do their part, you can sue your employer if you get hurt on the job.

Non-Fatal Injury At Work Statistics

Statistics provided by the Health and Safety Executive indicate the types of injuries that most commonly occur in the workplace for 2020/21:

Source: https://www.hse.gov.uk/statistics/causinj/index.htm

How Do You Prove Employer Negligence?

When asking if you can sue your employer if you get hurt on the job, it’s helpful to pull together as much evidence showing liability. Importantly, you cannot start a personal injury claim against your employer for an accident alone, there must be actual physical or psychological harm. With this in mind, some pieces of evidence that can support your claim could be:

Copies of your medical records
Hospital admision notes
Photographs of the scene or cause of the accident and injury
CCTV footage if available
Witness contact details in case a statement is needed later down the line
A diary of events

Furthermore, the accident book should be completed. Certain ‘reportable incidents’ must be recorded through the RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) method by your employer.

Could I Be Dismissed For Making A Claim Against My Employer?

It is not lawful for an employer to seek to dismiss you for making an honest personal injury claim, or for having an accident that was not your fault. In addition to the legal duty of care, employers must carry insurance for situations such as this and your rights at work are protected.

On the other hand, if you were deliberately behaving in a way that caused a hazard and compromised workplace safety for yourself or others it could be possible to be dismissed. Also, such conduct could mean any personal injury claim may be negated.

What Can You Sue Your Employer For If You Get Hurt On The Job?

If you sue your employer if you get hurt on the job and your claim is successful you can be awarded two types of damages. The first is called ‘general damages’ and relies upon the findings of an independent medical assessment to show how bad your injuries are.

These are then compared with those listed in a tool for calculating the impact of pain, suffering, and loss of amenity called the Judicial College Guidelines, an excerpt of which is below:

Area of injury	Severity	JC Guideline award	Explanatory notes
Head	(c) Moderate brain damage (i)	£140,870 to £205,580	Cases of damage to intellect, speech, sight and future employment prospects
Neck	(b) Moderate (i)	£23,460 to £36,120	Fractures or dislocations causing severe immediate symptoms.
Shoulder	(d) Minor (i)	£4,080 to £7,410	Depending on original severity, degree of pain and whether recovery takes place in less than 2 years.
Arm	(b) Other arm injuries	£36,770 to £56,180	Serious fractures that leave permanent functional or cosmetic disability
Hand	Hand injuries (c)	£90,250 to £102,890	Crushed hand injuries requiring amputation
Fingers	(f) Severe fractures to fingers	Up to £34,480	Possible partial amputation, deformity or weak grip
Back	(b) Moderate (ii)	£11,730 to £26,050	Disturbed ligaments, muscle or soft tissue damage that accelerate pre-existing conditions
Leg	(c) Less serious (i)	£16,860 to £26,050	Fractures and soft tissue injuries from which an incomplete recovery is made
Knee	(b) Moderate (ii)	Up to £12,900	Bruising, twisting and laceration injuries leaving continuous pain
Foot	(e) Serious	£23,460 to £36,790	Risk of continuous pain through traumatic arthritis (or risk of)
Burns/scarring	(d) Less significant scarring	£3,710 to £12,900	One noticeable scar of numerous smaller ones

This index of guideline compensation brackets is not guaranteed. Each case will vary depending on the evidence.

The second head of damages you may be able to apply for is called ‘special damage’. These can incorporate all the financial losses you can prove are attached to the injuries. For example, you may have receipts or invoices which show how you:

Suffered a loss in earnings
Needed to pay for additional medical treatments
Had to pay out for domestic help at home or childcare
Needed to make changes to your home or car

Speak with our team of advisors and they can help clarify what other costs you may be eligible for as part of your compensation settlement.