If you would like to know ‘how does my accident at work claim work’ we break down the claims process for you in this guide. We discuss employer negligence and the legislation designed to reduce workplace hazards, along with statistics on workplace injuries.
This article will explore the steps to be taken to claim compensation, and we will also include the actions you could take following your injury to strengthen your potential claim. In addition, we explore the pre-action protocols.
The possible compensation you could claim, including a few examples, are explored. Also, we look at what costs you could recover under special damages, along with what evidence you might be required to provide.
We explore No Win No Fee arrangements and why the claims process might seem easier with legal representation.
Read this guide to find out more about how an accident at work claim could work.
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- How Does My Accident At Work Claim Work?
- Steps To Claim Compensation
- Agreeing A Settlement
- How Does My Accident At Work Claim Work? – Time Limits
- Accident At Work Claim Settlements
- Can A No Win No Fee Solicitor Handle My Claim?
The Health and Safety at Work etc. Act 1974 (HASAWA) states that your employer must take reasonably practicable steps to protect your health and well being while at work. This is part of the duty of care owed to all employees.
If you’ve been injured due to employer negligence, then you might be eligible to sue your employer. The claims process could seem complex so we break it down into steps. If you wonder ‘how does my accident at work claim work’ then read on to find out about the process.
Non-Fatal Injuries In The Workplace
The Health and Safety Executive (HSE) publishes workplace injury statistics. These include 51,211 non-fatal employee injuries reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) during 2020/21. According to these reports, 37,111 injuries resulted in seven or more days missed from work.
If you are wondering ‘how does my accident at work claim could work?’, a big part of your claim will be gathering evidence. If you choose to hire a solicitor, they can help you with this. Some examples of actions you can take to help strengthen your claim include:
- Seek medical attention. Medical records could be submitted as evidence. If you are claiming compensation, you might be invited to an independent medical assessment. This is for a more thorough view of your injuries.
- Gather evidence. This could include approaching the relevant person for CCTV footage. And noting witness contact details, if there are any. This is to ensure that their statements can be taken at a later date. Or, it could include taking photographs, among anything else relevant to your injury.
- Seek legal advice. A personal injury solicitor could help you identify who is liable for your injuries. This means, your employer may not be the responsible party. If you were injured due to faulty machinery, for example, your injury might be due to the manufacturer.
For further information about how your accident at work claim works and examples of what you could submit as evidence, contact our expert advisors.
If you decide to use a personal injury solicitor to file a work accident compensation claim, then a solicitor will undertake the Pre-Action Protocols for personal injury claims on your behalf.
An accident at work claim can work by going through the pre-action protocols as follows:
- Notification. A letter will inform your employer of your intentions.
- Rehabilitation. Medical needs assessment and treatment determined.
- Letter of the claim. Details relating to the accident and the injuries will be established.
- Response. Your employer’s legal team will have 21 days to reply. They should also include insurance details.
- Disclosure. Relevant information exchanged.
- Expert opinions. This could include an independent medical assessment to fully assess your injuries. Your employer may also request one from their experts.
- Alternative Dispute Resolution (ADR). This could include mediation and arbitration to avoid going to court. You can read more about ADR below.
Mediation And Arbitration
Your personal injury claim may be settled outside of court during an ADR.
- Mediation. An independent mediator could facilitate a conversation between yourself, or your personal injury solicitor, should you have one, and your employer.
- Arbitration. A legally binding decision on the claim may be made during the arbitration.
A personal injury lawyer could make claiming against your employer seem easier by handling the pre-action protocols. Contact our advisors to find out more about how your accident at work claim works.
Under the Limitation Act 1980, you typically have three years to begin your personal injury claim from the time you notice your injury, or from the time you connect your injuries with negligence.
There are exceptions to this time limit:
- If the injury occurred prior to turning 18, you have three years after your eighteenth birthday to start your claim.
- In the event of incapacity due to your injuries, you have three years after your recovery to begin the process.
A litigation friend is someone who acts on your behalf, for example, if you are under 18, and want to begin the personal injury claim process.
To begin your claim today, contact our advisors.
We will now explore how potential compensation is estimated as part of how your accident at work claim works. Your claim could come with two heads, should you wish to file one: general damages and special damages. We explain each in more detail below to help you understand how compensation in a claim is calculated.
The injuries you suffer and any related emotional distress are claimed for under general damages. To help value your injuries, solicitors refer to a document titled the Judicial College Guidelines (JCG). Potential compensation brackets are listed along with injuries that might receive that amount. We’ve included a table below with some examples.
|Moderate brain damage (iii)||£40,410 to £85,150||Reduced work ability with memory and concentration impacts and a small epilepsy risk.|
|Moderately severe post traumatic stress disorder||£21,730 to £56,180||Significant disability for the foreseeable future but some recovery with professional help.|
|Minor eye injuries||£3,710 to £8,200||Some initial pain and temporary vision interference.|
|Asbestos-related disease (a)||£65,710 to £118,150||Severe pain and life impairments due to mesothelioma.|
|Traumatic injury to the digestive system (i)||£40,370 to £58,100||Continuing pain and discomfort from severe damage.|
|Minor back injury (i)||£7,410 to £11,730||Within 2-5 years, a full recovery without surgery.|
|Severe injuries to pelvis and hips (iii)||£36,770 to £49,270||Fractures leading to degenerative changes and leg instability with likelihood of needing a hip replacement, now or in the future.|
|Less Severe elbow injuries||£14,690 to £30,050||Function impairments but no significant disability.|
|Below-knee leg amputation||£91,950 to £124,800||One leg amputated below the knee.|
|Cheekbone fractures (ii)||£4,080 to £6,060||Simple fractures with some surgery and minimal cosmetic impact.|
To recover costs incurred due to your injuries, you could claim special damages. In order to claim under this head, you must supply evidence, such as receipts or payslips.
Costs could include:
- Lost earnings. You might be eligible for statutory sick pay (SSP) or part of a sickness pay scheme, however, you could still recover the rest of any loss in earnings.
- Travel expenses. Transport costs to attend medical appointments.
- Ongoing costs. Your injury may require ongoing costs, such as continuing care costs.
Our advisors are standing by to assess the potential damages you could receive with a claims calculator.
After learning how your accident at work claim can work, you might want to hire a personal injury lawyer to help ease the process. Legal representation could be expensive, however, you could minimise the financial risks with a No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA).
There are no upfront solicitors fees in a CFA. A success fee, which is legally capped, will be taken from your award if your claim is successful.
Our advisors can estimate how much compensation you could get for your injuries as well as advise on special damages you could claim. They could also review what evidence you could submit to strengthen your claim as well. Eligible claims might be passed onto our panel of solicitors.
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Where Can I Find Out More?
We’ve provide a few links that you might find helpful:
And some more guides if you would like to know more about how does my accident at work claim work:
- What is the Employer’s Responsibility When a Worker is Injured?
- I Had an Accident at Work as a New Employee, Could I Claim Compensation?
- I Didn’t Take Time Off After an Accident, Could I Still Claim?
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