I Had An Accident At Work What Are My Employers Responsibilities?

By Danielle Nicholson. Last Updated 3rd October 2022. Your employer by law has to ensure your workplace is as safe as can be reasonably expected. They can carry out this duty by completing various tasks such as; risk assessments, training employees correctly and supplying the correct Personal Protective Equipment PPE. All employers owe their employees a duty of care. This article will look to clearly examine accident at work employers responsibilities so you can evaluate if you could have an accident at work claim.

You could seek accident at work compensation when injured in a workplace accident providing you can show employer negligence. Employers must ensure your workplace is safe as can be expected for you to work in and if they fail to do so, their actions could be deemed negligent.

Our guide offers advice on how to pursue an accident at work claim for compensation. In addition, we provide information on how much a personal injury claim may be worth before explaining how you could claim general damages as well as special damages too.

The guide covers many aspects of claiming accident at work compensation. More importantly, we explain employer responsibilities in the workplace. We list the various injuries and harm you could potentially sustain, and when you could file an accident at work claim.

Lastly, the guide explains how a member of our team can provide you with free legal advice on how a Conditional Fee Agreement works. Please continue reading our guide by clicking on the sections below.

An adviser is here to take your call if you have any questions and to offer free legal advice, so please get in touch on 0161 696 9685 today.

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I had an accident at work what are my employer’s responsibilities guide

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A Guide On Accident At Work Employers Responsibilities

Suffering an injury at work can leave you incapacitated, and unable to bring in a normal wage. The situation may leave you stressed and anxious about paying weekly and monthly bills.

The guide provides essential information on your employer’s responsibilities towards you and other people in the workplace. Next, we list the type of accidents that could lead to a valid personal injury claim being filed.

The compensation table in our guide offers an idea of values attached to specific injuries. Moreover, we offer valuable advice on how a Conditional Fee Agreement works.  We explain how you could benefit from working with a No Win No Fee lawyer when claiming accident at work compensation.

Should you wish to know more about the benefits of signing a Conditional Fee Agreement (No Win No Fee agreement), a member of our team is here to answers the questions you have regarding, accident at work employers responsibilities.

Calculating Compensation For Injuries Caused By Workplace Accidents

There are two Heads of Loss you could claim; General damages are for the pain, suffering, as well as loss of amenity you endured because of your injuries. You could also receive special damages for the losses and expenses you incurred because of your injuries. Our table provides an idea of the level of general damages paid out for specific injuries. The amounts are based on the Judicial College Guidelines and do not include special damages.

Injury Severity Potential Compensation Notes
General psychological harm moderately severe (b) £19,070 to £54,830 Significant problems coping with life but a more optimistic future than in more severe cases.
Brain damage less severe (d) £15,320 to £43,060 Overall, a good recovery although normal functioning may not fully return, such a persisting memory problems.
Pelvis/hip moderate (b) £26,590 to £39,170 The risk of future disability is not great from a significant injury.
Other arm injuries less severe (c) £19,200 to £39,170 Expected recovery from significant disability, if the recovery hasn’t yet happened.
Back moderate (b) (ii) £12,510 to £27,760 Backache from ligament and muscle disturbance or soft tissue injuries that cause exacerbation or prolonged acceleration of a pre-existing condition.
Neck moderate (b) (ii) £13,740 to £24,990 Movement limitations, permanent pain, stiffness or discomfort from soft tissue, wrenching or severe disc lesion. Also accelerated or exacerbated pre-existing condition.
Wrist (c) £12,590 to £24,500 Some permanent disability such as stiffness from less severe injuries.
Shoulder serious (b) £12,770 to £19,200 Pain along with sensory issues from dislocation and lower brachial plexus damage.
Leg less serious (c) (ii) £9,110 to £14,080 Simple femur fracture without any damage to articular surface.
Chest (e) £5,320 to £12,590 Some residual damage from toxic fume/smoke inhalation but it doesn’t interfere with lung function on a permanent basis.

What Damages Could You Claim If Injured In The Workplace?

You may also claim special damages which are awarded for the losses and expenses you incurred because of your industrial injury:

  • Travel expenses which you can claim for the cost of getting to hospital and solicitor appointments as well as parking fees you incurred
  • Medical expenses which cover the cost of prescriptions, and private treatment not covered by the NHS which you paid out
  • You can claim care costs no matter who takes care of you during your recovery
  • Loss of earnings for the time you are off work
  • Loss of future earnings should you not be able to carry on working
  • Home and vehicle adaptations

An adviser is here to answer any queries you have regarding special damages and accident at work employers responsibilities, so please get in touch with an adviser today.

What Is Classed As An Accident At Work?

The most common workplace incidents which result in injury include the following:

  • Slip, trip, and fall accidents
  • Falling from a height
  • Coming into contact with moving equipment
  • Hit by a loading bay vehicle
  • Crushed by falling objects/items
  • Repetitive stress syndrome
  • Manual handling accidents

However, not all accidents and injuries will mean you could claim compensation. You would have to prove firstly, that you were owed a duty of care. Secondly, this duty was breached by your employer acting negligently. And thirdly, you suffered harm because of this breach.

Is My Employer Responsible For My Safety At Work?

All employers in the UK have a legal duty to ensure the safety of their employees and other people in the workplace. This is applied by the Health and Safety At Work etc Act 1974. Risk assessments, training and good housekeeping can all help in keeping employees safe. They should set in place reasonable measures to reduce the risk of an accident occurring.

Failing to set in place measures to reduce accident risks, could lead to you being injured at work. Should this be the case, please get in touch with a member of our team to find out if you have a valid accident at work claim, and to benefit from free legal advice.

Do Employers Have A Responsibility To Provide Personal Protective Equipment?

Your employer has a legal obligation to provide you with personal protective equipment (PPE) if you are exposed to health and safety risks but not if other procedures have been put in place. PPE must be correctly stored and maintained in good condition. Should your employer fail to provide you with the necessary PPE, you may be able to seek compensation by filing an accident at work claim if you are injured due to this oversight.

An adviser will answer questions regarding PPE. Moreover, a member of our team will provide information regarding accident at work employers responsibilities while at the same time assessing your case.

Who Is Responsible For Training In The Workplace?

Your employer has a duty to make sure you are trained to carry out a job to reduce the risk of a workplace accident occurring.

Employers in the UK are legally obliged to adhere to the Health and Safety at Work Act (HSWA) 1974 (Section 2).which states the following:

  • Ensure the health and safety of each employee as far as is practically possible
  • Train employees where necessary and provide the correct information.
  • Keep the workplace in a good condition and reduce risks as much as possible.

Other UK laws

Regulations that protect employees as well as other people include:

Should you have any questions, a member of our team is here to provide answers and to offer free legal advice on claiming accident at work compensation.

Does My Employer Have To Give Me Sick Pay?

Statutory Sick Pay (SSP) is paid for 28 weeks when you are an employee and not self-employed providing:

  • You started work for an employer
  • You are off sick for 4 full consecutive days or more. This includes non-working days or because you have to self-isolate due to Covid-19
  • Your earnings are on average £120 a week
  • You do not fall into one of the ‘ineligible’ categories
  • You have followed an employer’s rules regarding sick pay

Part-time Workers

Part-time workers, and those on a ‘fixed-term’ contract, may receive Statutory Sick Pay.

Agency workers are also entitled to SSP.

Zero Hours Contracts

Those on a zero-hours contract may get SSP. If an employer refuses, you can ask them why. If the response is not satisfactory, you can seek legal advice.

Your Employers Responsibility To Report And Record Accidents At Work

Your employer has a legal duty to report specific incidents, injuries and near misses to the RIDDOR.

The accidents, injuries, work-related health issues which must be reported are:

  • Fatalities both workers and non-workers (the exception being suicide)
  • Acts of violence towards a worker in the workplace that resulted in death.
  • Fractures (with the exception of injuries to fingers, thumbs, or toes
  • Amputations
  • Injuries that could potentially lead to the loss of sight permanently, or a reduction of sight
  • Crush injuries to the head or torso resulting in brain damage or damage to internal organs
  • Severe burns which include scalding that covers over 10% of the body, causes serious damage to the eyes, respiratory system and/or other vital organs
  • Scalping that requires treatment in a hospital
  • Loss of consciousness due to a head injury or asphyxia
  • Injuries sustained in an enclosed area which results in hypothermia or heat-induced illness
  • Resuscitation or hospital admittance which is required for more than 24 hours

More reportable occurrences

When you are off work for over 7 days following an accident at work, the incident must be reported. This is because it falls into the “over-seven-day incapacitation of a worker” category. That said, the seven-day rule does not include the day the accident occurred. However, rest days and weekends are included. A report must be sent to the RIDDOR within 15 days of the accident happening.

Injuries sustained in an accident at work must be recorded by an employer if your injuries leave you incapacitated for more than 3 consecutive days. This is the ‘over-three-day incapacitation’ rule. Employers are obliged to keep accident books under the Social Security Regulations 1979 (Claims and Payments). However, a report does not need to be sent to the RIDDOR.

Non-fatal workplace accidents which involve the general public (non-workers) must be reported to the RIDDOR if the person injured is taken from the scene of the accident directly to hospital for treatment. However, diagnostic tests and examinations are not considered ‘treatments’ in such instances.

Reportable Occupational Diseases

If you develop an occupational disease, this must be reported to the RIDDOR where these are either work-related or made worse by the working environment and include the following:

  • Carpal tunnel syndrome
  • Occupational dermatitis
  • Severe cramp in hand or forearm
  • Occupational asthma
  • Tendonitis or tenosynovitis of the hand or forearm
  • Hand-arm vibration syndrome
  • Any form of occupational cancer
  • Diseases attributed to occupational exposure to biological agents

Your employer may need to report certain dangerous occurrences (near-miss events). This could include but is not limited to:

  • Collapse, overturn, or failure in load-bearing lift parts or lifting equipment
  • Equipment or plant hitting overhead power lines
  • Accidental release of a harmful substance
  • Accidental gas leakages

Should you need more advice on whether you have a valid accident at work claim, a member of our team is here to provide free legal advice on how best to proceed.

What Workplace Accidents And Injuries Could You Claim For?

Whether you work in an office, on the shop floor, or you drive a vehicle in the workplace, you could seek compensation when injured in an accident. However, to make a successful claim you must be able to show your employer had been negligent or another employee. Also, you must have suffered an injury or illness. And you must be within the correct time limit.

That said, should you believe you contributed to the accident occurring, please get in touch with a member of our team. You could still seek accident at work compensation.

The most common non-fatal accidents/injuries in the workplace are:

  • Slip, trip, and fall incidents 29%
  • Handling and lifting 19%
  • Struck by a moving object 11%
  • Act of violence 9%
  • Falls from height 8%

An adviser is ready to discuss your accident at work claim and to offer free legal advice on how best to proceed.

I Had An Accident At Work – How Long Do I Have To Claim?

If you had an accident at work that caused an injury and would like to make a personal injury claim, you must do so within the time limit. Typically, this is three years from the time the injuries become apparent, under the Limitation Act 1980. However, certain exceptions suspend the time limit. These include:

  • The claimant being under the age of 18 at the time they had an accident at work. A litigation friend could start a claim prior to their 18th birthday, as the time limit is frozen. However, if a claim isn’t started while the time limit is suspended, they will be given three years to start a claim themselves after turning 18.
  • If the claimant lacks the mental capacity to claim. Like above, a litigation friend could start a claim on their behalf at any point. However, if a claim is not started on their behalf and they regain capacity, they will be given three years from the date capacity is regained to start a claim.

Call our advisors to discuss the accident at work employer’s responsibilities in the UK if you’ve suffered a workplace injury.

 Should I Get Advice From An Accident At Work Solicitor

We recommend seeking advice from a legal expert when you suffer an injury in an accident at work and want to make a compensation claim. The reason being that you may not be aware of all your rights as an employee when injured in the workplace. As such, contacting an experienced personal injury lawyer can make the whole process a lot easier to follow.

A legal adviser will provide information on the sort of evidence needed to prove negligence on the part of an employer. You may seek compensation even if you contributed to the accident. This is where legal advice is essential because even when you may have contributed to the injuries you suffer in a workplace accident an employer may also be partly liable.

A member of our advice team is here to take your call and to provide free legal advice about accident at work employers responsibilities, so please contact an adviser today.

No Win No Fee Claims Against Employers For Workplace Accidents

You may not be able to bring in your normal wage during your recovery. A serious injury may prevent you from ever working again. It could put you and your loved ones under tremendous financial pressure. It is a time when you need all the assistance you can get, more especially when legal advice can make a difficult time much easier to cope with.

There are many reasons why you may not want to make an accident at work claim. You may worry about an employer’s reaction, or because you fear losing your job.

A member of our team can offer free legal advice on whether you can seek accident at work compensation. Once an adviser has assessed your case, you will have the option to be connected with a No Win No Fee solicitor if you have a strong enough case. This takes the worry of funding a solicitor.

A No Win No Fee Agreement (also known as a Conditional Fee Agreement (CFA)). It is a legally binding contract between a No Win No Fee solicitor and yourself. The agreement sets out the following:

  • The Terms and Conditions
  • The agreed percentage known as the ‘success fee’
  • What you can expect of the lawyer who acts on your behalf

Benefits of working with a No Win No Fee lawyer

The benefits of having a No Win No Fee solicitor represent you include:

  • No upfront fee to the solicitor
  • No ongoing fees to the solicitor
  • You only pay the success fee when you receive accident at work compensation and is deducted from the money you receive
  • Should you lose your personal injury claim, you do not have to pay a No Win No Fee solicitor as agreed in the CFA

A member of our team can answer any queries you have regarding No Win No Fee agreements, so please get in touch today.

Contact Us

A member of our team is here to take your call, to answer any questions you have, and to provide you with free legal advice regarding accident at work employers responsibilities. You can reach an expert adviser in the following ways:

  • By phoning 0161 696 9685 – our lines are open 7 days a week 24 hours a day
  • Fill out our online contact form by clicking here
  • Chat to an adviser online

More Information

Below, you can find links to lots more guides on accidents at work:

  1. Accidents at work FAQ
  2. How to make an accident at work claim
  3. Agency worker accident claims
  4. How to make a claim if injured as a temporary worker
  5. I hurt myself at work, can I make a claim?
  6. Can you sue your employer for an accident while still employed?
  7. How to prove an injury at work
  8. Will claiming against my employer create problems?
  9. Advice on claims if injured working for cash
  10. Do I need accident at work solicitors near me?
  11. Employers’ responsibilities after an accident at work
  12. What happens if an employee does not report an accident or injury at work?
  13. How long after an accident at work do you have to claim?
  14. Do I need a lawyer if I get an injury at work?
  15. New employee had an accident at work – can they claim?
  16. I didn’t take time off work after an accident, can I still claim?
  17. Who pays my work injury medical expenses?
  18. How to claim for a work accident
  19. What to do if I injured myself at work?
  20. Workplace accident claim time limits
  21. Accidents caused by tiredness and fatigue
  22. Can you be fired for a work-related accident?
  23. Foot injuries caused by a lack of safety books
  24. Could I make a workplace injury claim if I’m not an employee?
  25. Tendon injury at work claims
  26. Can you claim for an accident at work if you suffered no injury?
  27. How to claim for an injury at work when self-employed
  28. Can I claim if assaulted at work?
  29. Can I be sacked for having an accident at work?

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