While you are at work, your employer owes you a duty of care to try and keep you as safe as possible. If they breach that duty of care, it might be possible for you to claim compensation if you’re injured in a workplace accident. Doing so can be a tricky process involving many legal complexities. If you’re asking the question, ‘Do I need a lawyer if I get hurt at work?’, then this guide can help. We’ll explain what services lawyers provide, the types of workplace accidents they could help with, and what amount of compensation you could receive.
Advice.co.uk are specialists in personal injury claimants. Our team will review any case without obligation and provide free legal advice and honest feedback on your chances of being compensated. If you have a reasonable chance of winning your claim, they could also refer you to a personal injury lawyer from our panel. If they agree to work for you, they’ll provide their services on a No Win No Fee basis.
To find out more about how a lawyer can help with workplace injury claims, please read on. Alternatively, you can contact us today on 0161 696 9685 if you’d like free advice on starting a claim right away.
Select A Section
- A Guide: Do I Need A Lawyer If I Get Hurt At Work?
- Compensation Calculator If You Were Hurt At Work
- What Are Special Damages For Injury Claims?
- What Is A Personal Injury Lawyer?
- Do I Need A Lawyer If I Get Hurt At Work?
- Do You Need A Lawyer To Help You Learn About Your Rights?
- Will You Need A Lawyer To Check If You Are Eligible To Claim?
- How People Get Hurt At Work
- What To Do If An Accident Occurs In The Workplace
- Do I Need A Lawyer If I Get Hurt At Work To Make A No Win No Fee Claim?
- Speak To Our Team
- More Information
A Guide: Do I Need A Lawyer If I Get Hurt At Work?
All employers have the duty of care to protect their staff as we mentioned in the previous section. This is defined by the Health and Safety at Work etc. Act 1974. Due to this legislation, employers need to conduct regular risk assessments of the workplace and remove potential dangers or mitigate them. If they don’t, and you’re injured in an accident as a result, you might be able to seek compensation for your suffering.
As we continue through this guide, we’ll look at the types of accident that could happen at work, why the employer might be liable and how much compensation you might receive for your injuries.
We will supply plenty of advice as we continue and try to answer the question, ‘Do I need a lawyer if I get hurt at work?’ For now, our advice would be that legal representation could make the claims process easier and could help to ensure you receive the correct level of compensation.
You will usually need to make your claim within the 3-year time limit that applies. We would advise that you don’t leave it too late because your lawyer will need to conduct a number of tasks before your claim is made. This could include asking witnesses for their version of events, obtaining CCTV footage or requesting medical records. A medical assessment of your injuries will also need to be conducted during the claims process.
Our advisors are able to provide free legal advice on your options if you’re considering making a claim. If the advisor suspects your case is strong enough, we could connect you with a personal injury lawyer from our panel. So, why not call today to have your claim assessed for free?
Compensation Calculator If You Were Hurt At Work
In a personal injury claim, the first thing that will usually be assessed is the pain and suffering your injuries caused. This part of the claim is known as general damages. To help you calculate compensation for different injuries, we have supplied the table below. It is made up of figures taken from the Judicial College Guidelines (JCG).
The JCG may be referred to by legal professionals to help determine compensation levels. We should say that the figures listed are just examples. As every claim is unique, we won’t be able to provide a more accurate compensation estimate until your claim has been assessed.
|Injury||Severity Level||Settlement Bracket||Additional Information|
|Fractured Jaw||Serious||£16,860 to £28,610||Serious fractures which lead to permanent problems such as difficulty opening the mouth or eating.|
|Back||Minor||£7,410 to £11,730||This bracket is for soft tissue injuries which, without surgery, are resolved within around 2 to 5 years.|
|Arm||Fracture||£6,190 to £18,020||Covers simple forearm fractures.|
|Elbow||Severe||£36,770 to £51,460||Severly disabling elbow injuries.|
|Leg||Fracture||Up to £11,110||Soft tissue injuries or simple Fibula or Tibia fractures.|
|Knee||Moderate||£13,920 to £24,580||A torn cartilage or meniscus or a dislocated knee are the types of injuries within this category.|
|Ankle||Severe||£29,380 to £46,980||Injuries that need to be fixed with plates and pins and result in ongoing disabilities or those which require an extensive treatment period.|
One factor used to determine the level of general damages is the severity of your injuries. That’s why, during the claims process, you will need to be medically assessed by an independent specialist.
When you attend your appointment, the specialist will review your medical notes. They will also ask about the impact of your injuries. Finally, they will review the current condition and any symptoms that remain. Once the meeting is concluded, the specialist will make a note of their findings and compile a report for your solicitor.
What Are Special Damages For Injury Claims?
As well as claiming for your injuries, it might also be possible to ask for any expenses or financial losses to be claimed back too. This part of the claim is known as special damages. The idea here is that, after settling the claim, you should be left in the same financial position as you were prior to the accident. Again, each claim will be different from the next, but you could claim compensation for:
- Travel-related costs. This could include fuel costs or parking fees related to medical appointments.
- Care costs. This could apply if you were helped with daily tasks during your recovery period. You may be able to calculate a rate for the support of a loved one. Alternatively, you could claim back any professional carer’s fees.
- Medical expenses. It is true that you will usually be treated for free by the NHS. However, you may have to pay for non-NHS treatments and prescription fees. Therefore, you could be entitled to claim these back.
- Adaptations to your home or vehicle. For injuries that result in a disability, it might be possible to ask for adaptations to be paid for which make coping with the disability easier.
- Lost earnings. When you need time away from work to recover, you might lose some or all of your income. If that happens, you could ask for those losses to be paid back.
- Future loss of income. Similarly, for cases where your long-term ability to work is affected, you could seek future lost income too.
What Is A Personal Injury Lawyer?
A personal injury lawyer is somebody who can provide legal advice and representation to try and help you win compensation. They have many roles and tasks to complete during your claim. They include:
- Investigating your claim and gathering evidence to support it.
- Documenting your injuries and any relevant expenses.
- Gathering witness statements.
- Calculating your compensation amount.
- Reviewing medical reports.
- Explaining complex legal terms.
- Handling all communication with the defendant.
- Drafting your claim and sending it to the defendant.
- Handling any objections that arise.
In very rare cases, your lawyer might also work with a barrister if your case needs to go to court. However, in our experience, most personal injury claims are settled amicably out of court.
If you decide to work with Advice.co.uk, our panel of personal injury lawyers could help you. Should they agree to work on your claim, they will do so on a No Win No Fee service.
Do I Need A Lawyer If I Get Hurt At Work?
If you have an accident at work, that was caused by employer negligence, you could appoint a lawyer to help you claim compensation for any injuries. This is entirely your decision. Your lawyer should carry out the tasks listed in the previous section to try and provide evidence to back up your claims.
In our opinion, a personal injury lawyer is important because, with their legal knowledge, they can:
- Compile your claim so that it includes all of the information you’ll need.
- Deal with all communication with the defendant on your behalf.
- Try to counter any objections that arise.
Using a personal injury lawyer could also help you achieve the correct level of compensation if the case is won. Without a lawyer on your side, even if the defendant admitted liability, their legal team might try to settle the claim for much less than it’s worth. That’s important because compensation is paid to try and help you recover from your injuries. If you don’t receive the correct level of compensation, you may find that you struggle in the future.
Do You Need A Lawyer To Help You Learn About Your Rights?
If you are injured at work through no fault of your own, you should have a number of rights to help you deal with the matter. These include a right to:
- Start a claim. This could include claims for soft-tissue damage, cuts and bruises, broken bones, head injuries and back injuries.
- Receive compensation. As discussed earlier, any pain suffering and loss of amenity could be compensated. If you incur expenses as a result of your injuries, these could be claimed back too.
- Fair treatment. It is illegal for your employer to treat you detrimentally because you are claiming for injuries you’ve suffered due to their negligence. That means you can’t be sacked, disciplined or treated differently if your claim is honest. If that happens, you could make a claim for unfair or constructive dismissal.
- Statutory Sick Pay (SSP). You should receive sick pay if you need time off work to recover. The amount you’ll receive will depend on your employment contract. All employers should fund SSP if they don’t offer company sick pay, but there are certain workers who won’t be eligible for SSP.
The level of compensation you could receive will depend on the severity of your injuries and what impact they have caused on daily life.
Advice.co.uk will happily review your claim and provide free guidance on your options. Why not call today to see if you’re entitled to claim? If your case is strong enough, a personal injury lawyer from our panel could be appointed to represent you on a No Win No Fee basis.
Will You Need A Lawyer To Check If You Are Eligible To Claim?
While every case is different, you could be eligible to claim for a workplace injury if:
- You had an accident at work that caused you injury.
- It was caused by employer negligence.
- The accident took place within the last 3 years.
There are many examples of employer negligence that could lead to injuries. They include:
- Not providing adequate health and safety information.
- Failing to repair faulty or damaged tools or machinery.
- Providing inadequate training.
- Supplying unsuitable Personal Protective Equipment (PPE).
This is not the full list of reasons why an employer could be responsible for your accident. It’s not necessary to use a solicitor to check if you’re eligible to claim: our advisors could help for free.
They can review any claim where you have been injured during an accident at work if it can be shown that your employer was to blame in some way. For example, if you fell from height because you were given a broken safety harness, you could be entitled to claim. However, if the fall happened because you chose not to use the safety equipment provided, the claim is less likely to be accepted.
How People Get Hurt At Work
We’re now going to look at ways in which employees could be injured at work. Again, don’t worry if you don’t see an example that matches yours in our list – we could still help. Remember, to be eligible to claim you will need to show that an accident occurred due to negligence and, as a result, you sustained an injury.
How could you be injured at work?
In this section, we’re going to provide some statistics from the Health and Safety Executive. The figures relate to recorded workplace injuries in 2019/20. They show that the 5 most common non-fatal accidents were caused by:
- Slips, trips or falls (at the same level) – 29%
- Carrying, lifting or handling – 19%
- Being hit by a moving object – 11%
- Violent acts – 9%
- Falling from height: 8%
Workplaces With Higher Risks Of Injury
Here is a list of job roles and industries with a higher risk of injury than others:
- Farming and agriculture.
- Building and construction.
- Scaffolding and roofing.
- Medical and health care.
- Vehicle maintenance and repair.
What To Do If An Accident Occurs In The Workplace
As we have mentioned already, you will need evidence to substantiate your claim. Having the right evidence behind you can make the process of proving liability a lot easier. Therefore, if you are injured at work, we would advise that you:
- Report the incident to a supervisor. An accident report should be completed, which you can request a copy of later on.
- Photograph the accident scene before the cause of the accident is removed or repaired.
- Attend A&E or a medical facility to have your injuries treated. Medical records could help prove the severity of your injuries.
- Ask witnesses for their contact details. Your lawyer may need them to provide witness statements as part of your claim.
- Photograph any visible injuries.
- Obtain any CCTV footage that covers the area where the accident took place.
Do I Need A Lawyer If I Get Hurt At Work To Make A No Win No Fee Claim?
If you are thinking about beginning a workplace accident claim, you might be worried about the fees your lawyer will charge. You needn’t be too concerned about that though because our panel of lawyers provide a No Win No Fee solution for claims they take forward. As a result, you get access to a trained legal professional, but your financial risk can be reduced.
If one of our advisors believes you have a formidable chance of being compensated, the claim will be checked over by a lawyer from our panel. If they are happy to take the claim on, you will receive a Conditional Fee Agreement (CFA). This document will explain when your lawyer will be paid for their work. It will further explain that:
- You won’t be asked for payment of lawyer fees upfront.
- There are no lawyer’s fees to pay while your case is ongoing.
- If the claim is not won, you will not need to pay any lawyer’s fees.
In the event that your claim is won, your lawyer will be paid a success fee. This fee forms a percentage of any compensation you receive. You’ll know the percentage that’s payable in your case before you sign the CFA. By law, success fees are capped to prevent overcharging.
Speak To Our Team
The purpose of this guide was to answer the question, ‘Do I need a lawyer if I get hurt at work?’ We hope that you now understand the ways in which legal representation could help you. If you would like to speak to us about starting a workplace accident claim, you can:
- Call our free advice line on 0161 696 9685 and explain what’s happened.
- Ask a member of our team for claims advice in our live chat.
- Complete our online enquiry form so that we can arrange to call you back.
We provide completely free legal advice about workplace accident claims. When you get in touch, a specialist will review your case with you. You’re under no obligation to proceed, but if your claim is strong enough, we could partner you with a lawyer from our panel. Should your claim be taken on, they will provide their services on a No Win No Fee basis. So that we don’t waste your time, your advisor will always be honest about your chances of being compensated.
Thanks for reading about how a lawyer could help you if you’ve been injured in an accident at work. In this final section of our guide, we are going to list some useful resources that could help if you do decide to claim.
The Solicitors Act 1974 – Legislation that sets out the responsibilities and regulations that solicitors and law firms must follow.
Health And Safety Executive – Lots of useful information and guides relating to workplace safety.
NHS UK – The main NHS website where you’ll find information about how different injuries are diagnosed and treated.
Because Advice.co.uk can support many different types of compensation claims, we have added some more of our guides below too.
Employment Law Cases – As well as injury claims, our panel of lawyers could help you claim unfair dismissal, discrimination and other work-related issues.
Injuries Caused By Falls – Advice on when it might be possible to claim for injuries that result from a fall.
Claiming Against The NHS – This article explains your rights to claim compensation for any suffering that results from medical negligence.
Should you need any further information, please get in touch with a specialist advisor today.
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Thank you for reading our guide that answers, ‘Do I need a lawyer if I get hurt at work?’