We’re often asked, “Can I sue my employer if I hurt myself at work?”. So, in this article, we’re going to try and answer that question. Due to health and safety laws, employers of all sizes need to try and protect their staff’s wellbeing as much as possible. Therefore, we’ll look at what duty of care they have and when they could be liable for injuries sustained in workplace accidents. We’ll also look at workers rights if they’re injured at work. On top of that, we’ll explain what you could claim compensation for and how much could be awarded.
Advice.co.uk is here to support you if you are thinking of making a claim. An advisor from our team will review your claim on a no-obligation basis. Additionally, you’ll receive free legal advice. If the claim appears viable, your advisor could connect you with a personal injury solicitor from our panel. Any case which is taken on will be managed on a No Win No Fee basis.
To learn more about what to do if you’ve injured yourself at work, please continue reading. If you’re ready to proceed, however, why not call our team on 0161 696 9685 today?
Select A Section
- A Guide On How To Claim If You Hurt Yourself At Work
- Hurt At Work Injury Claims Calculator
- Types Of Damages Which Could Be Claimed
- What Is A Claim If I Hurt Myself At Work?
- Can I Sue If I Got Hurt At Work?
- Can I Sue If I Got Hurt Working For An Agency?
- Could I Sue If I Got Hurt Whilst Self Employed
- Do I Get Paid If I Get Injured At Work?
- Could I Lose My Job For A Workplace Accident Or For Making A Claim?
- What Is My Employers Duty Of Care If I Hurt Myself At Work?
- What Should I Do If I Hurt Myself At Work?
- I Hurt Myself At Work, Can I Make A No Win No Fee Claim?
- Talk To Us
A Guide On How To Claim If You Hurt Yourself At Work
There are times in life when accidents happen. Sometimes, it’s just one of those things and they can’t be avoided. However, if you suffer an injury in an accident that somebody else has caused, you may be entitled to compensation. While it’s true that no workplace will ever be completely free from risk, legislation does exist that means that employers must try to keep you as safe as possible.
That might mean that they need to:
- Train you properly.
- Conduct risk assessments and remove any dangers.
- Supply adequate Personal Protective Equipment (PPE).
- Repair damaged equipment in a timely manner.
If they fail to do so, you could claim compensation if you hurt yourself at work as a result. In this article, we’ll look at what duty of care your employer has towards your safety, your rights as an employee and the legislation that’s there to protect you. We’ll also explain what amounts of compensation you could claim if you are injured at work.
In addition to full-time employees, we’ll look at when part-time workers, agency staff, and self-employed workers could claim workplace injuries. Furthermore, we’ll show why you can’t be sacked for making a claim and your rights regarding being paid while you are off work recovering.
The time limit for making a workplace injury claim is usually 3-years from the date of the accident. In some cases, though, you may be able to start the limitation period from the date you gained sufficient knowledge. There are different times limits especially for those who do not have the mental capabilities to claim for themselves and those aged under 18 years.
Hurt At Work Injury Claims Calculator
We’re now going to supply some potential compensation amounts that could be paid if you injure yourself. The figures we have used are from the Judicial College Guidelines (JCG). Legal professionals may look to the JCG when deciding on settlement amounts.
As claims are unique, the figures here are for guidance only. After you have spoken to a member of our team, they should be able to provide a personalised figure for you. If you don’t see your injury listed here, don’t worry, this is just a sample and you could still make a claim.
|Injury Type||Diagnosed Severity||Settlement Range||Examples|
|Face||Significant||£8,550 to £28,240||Cases of facial disfigurement where the impact will be reduced by plastic surgery and where the psychological impact is not great.|
|Neck||Minor||£4,080 to £7,410||Where soft tissue injuries (like those associated with whiplash) fully recover (without surgery) in around 1-2 years.|
|Back||Severe||£36,390 to £65,440||Injuries which lead to chronic conditions. These include disc lesions and fractures which, even after treatment, lead to severe pain, depression and personality change.|
|Shoulder||Minor||£2,300 to £4,080||This bracket includes soft tissue injuries of the shoulder where recovery is complete within a year.|
|Wrist||Up to £9,620||This category is for wrist fractures or injuries which do take longer to recover from but recovery is complete.|
|Leg||Simple||£8,550 to £13,120||Simple femur fractures where there is no articular surface damage.|
|Knee||Moderate||£13,920 to £24,580||Dislocations or torn meniscus injuries where weakness, wasting or future mild disability could result.|
As you may have noticed, settlement amounts are generally based on how severe your injuries are. That’s why, during the claims process, you will be asked to attend a local medical assessment.
During your appointment, an independent specialist will examine your injuries and review any medical notes. Additionally, they will usually ask questions about how you have been affected. At the end of the meeting, the specialist will write down their findings and send their report to your solicitor.
Types Of Damages Which Could Be Claimed
In addition to the compensation figures shown above, you could receive payment for any costs you’ve incurred because of your injuries. The idea here is to try and make sure that you’re not financially worse off than you were before the accident.
Again, each claim is different, but you could claim for:
- Travel costs.
These could cover the cost of fuel or parking that’s linked to medical appointments.
- Medical expenses.
Although medical treatment will usually be free by the NHS, you could still incur costs. This might include prescription costs, over the counter medication or non-NHS services.
- Lost income.
When you need time off work to help you get better, you might lose some (or all) of your income. If that happens, the loss could be included in your claim.
- Care costs.
Should you require support with daily tasks during your recovery, a carer might be required. That means you could claim the cost of a professional carer or the time spent by a loved one supporting you.
- Adaptations to your home.
For injuries that result in a disability, changes to your home might help you cope better. If that’s the case, the cost of those changes could be added to your claim.
- Loss of future income.
If you sustain injuries that have a long-term impact on the work you can do, you could ask for loss of future earnings to be considered. Usually, the type of work, your age and your job prospects will be considered.
What Is A Claim If I Hurt Myself At Work?
Personal injury claims are usually possible if somebody:
- Owed you a duty of care; and
- Caused an accident because they were negligent; and
- You suffered an injury in the accident.
Later on, we’ll provide details of legislation that places a legal duty of care on employers to try and keep their staff safe while in the workplace.
Some of the reasons an employer might be found negligent (and therefore liable for the accident) include:
- Not allowing staff regular rest breaks.
- Failing to train staff on their tasks properly.
- Not providing access to health and safety procedures.
- Failing to conduct workplace risk assessments.
- Supplying inadequate tools, equipment or protective gear.
Should any of the above apply in your case, you could be compensated if they led to you suffering an injury. Please use the number at the top of the page to get in touch with us if you would like to discuss your options today.
Can I Sue If I Got Hurt At Work?
Although there are many different scenarios that could mean you’re injured at work, certain criteria will need to be met if you’re to be compensated. For the purposes of starting a compensation claim, a workplace accident will need to have:
- Been caused by some form of employer/employee negligence.
- This resulted in you becoming injured or ill.
Essentially, if there was little an employer could’ve done to prevent an accident, then you’d be unlikely to be able to claim. For example, if you chose not to wear safety gear provided by your employer and were injured as a result, it would be unlikely you could make a successful claim.
Can I Sue If I Got Hurt Working For An Agency
Employers’ have an applied duty of care to ensure their work premises and practices are safe for those who work in their environment. So if you are an agency worker that has been hurt due to the negligence of the business own i.e. you slipped on a wet floor in the workplace that had no warning signs then you may be eligible to claim for the suffering caused. We understand that every case is not as straight forward as that.
Therefore, if you are working for a company through an employment agency, you could still be entitled to claim compensation if injured while working. The criteria that we’ve already discussed still apply. That means you must have been injured during an accident that was caused by the negligence of the company you’re working for. So if you have any questions our advisors are available now to answer them.
Could I Sue If I Got Hurt Whilst Self Employed
Self-employed staff may not be entitled to other benefits like sick pay or holiday pay, however, if they are working for a company they have the right to a safe working environment. Meaning if they are injured on the premises of the company they are working for through negligence they too could file a claim for the injuries they suffered.
If you have been injured whilst self-employed but working for a company that was responsible for the accident, why not call for free legal advice? Our team will guide you through the claims process and let you know your legal options.
Do I Get Paid If I Get Injured At Work?
If you work for an employer (and you are not self-employed), you could get Statutory Sick Pay (SSP) while off work if:
- Your employment has commenced.
- You are away from work for 4 full days in a row (this includes non-working days).
- Your average earnings are £120 per week or more.
- You adhere to the company’s rules surrounding sick pay.
Therefore, following an accident at work, you might be paid SSP for some of the time you are off work recovering. In some cases, you might receive a higher amount of sick pay depending on your employment contract.
Could I Lose My Job For A Workplace Accident Or For Making A Claim?
In short, the answer to this question is, no – you cannot be sacked for:
- Being involved in an accident at work that was not your fault.
- Claiming for any injuries sustained in the accident.
Obviously, that answer comes with the caveat that you must be making an honest claim. If you are disciplined, sacked, or even if you’re treated differently following an accident claim, you could also make a claim via an employment tribunal.
As the claim progresses, your lawyer will raise the claim with your employer’s insurance company and try to prove liability for your injuries. Once liability has been agreed upon, the claims process will move to work out the correct compensation level. One of the main benefits of using a solicitor is that they will manage all aspects of communication with your employer’s representatives for you.
What Is My Employers Duty Of Care If I Hurt Myself At Work?
We have mentioned that employers have a legal duty of care to try and keep staff safe. Duty of care is provided by many different pieces of legislation. For your information, here are some laws which could be used to back up your case:
- The Manual Handling Operations Regulations 1992.
- The Construction Regulations 2015.
- The Work at Height Regulations 2005.
- The Provision and Use of Work Equipment Regulations 1998.
- The Management of Health and Safety at Work Regulations 1999.
- The Workplace (Health, Safety and Welfare) Regulations 1992.
While it is good to know about these regulations, digesting the complexity of some legislation can be difficult. That’s why we advise having legal support during your case. Why not call us today to see if we could partner you with a specialist solicitor from our panel?
What Should I Do If I Hurt Myself At Work?
If you’re asking yourself what you should do if you injure yourself at work, this section will help. As with any type of compensation claim, you will need to supply evidence to back up your allegations. Without it, your claim is highly likely to fail unless liability is admitted. Therefore, if you do injure yourself in a workplace accident, you should:
- Take a photograph of the accident scene on your phone. If you do this as soon as possible, it should capture the cause before it’s repaired or replaced.
- Ask any witnesses for their details. If needed, they could supply a statement later on which corroborates your version of events.
- Report the incident to your employer at the earliest opportunity. By doing so, it should be recorded in an accident report book. This might help you prove when the accident took place, where it happened, and what treatment you received.
- Attend A&E or book an appointment with your GP. Not only will your injuries receive immediate treatment, but they will also be recorded on your medical records. You could request a copy later on.
- Write down what happened as soon as you can. This will make it easier to recall events later on.
- Keep track of any costs that are incurred as a direct result of your injuries.
I Hurt Myself At Work, Can I Make A No Win No Fee Claim?
We understand that, for many people, the cost of hiring a solicitor to help you might be a little off-putting. However, we have a panel of personal injury solicitors who provide a No Win No Fee service for cases that they work on. If your case is accepted, you’ll find the process is less stressful because your financial risk is reduced.
At the beginning of any claim, a solicitor will need to check its viability. If they believe the claim is strong enough, you’ll receive a Conditional Fee Agreement (CFA) to review. The CFA shows you what your solicitor needs to do to get paid. It will also clearly show that:
- There is no need for any payment upfront.
- You’ll not be billed for lawyer’s fees while your claim is processed.
- Should the claim fail, you won’t be liable for solicitor’s fees.
The only circumstance where your solicitor will be paid is when compensation is paid. If that happens, a success fee will be deducted from your settlement. This ‘success fee’ is a percentage of your compensation that’s listed in the CFA. To prevent overcharging, the success fee percentage is legally capped.
Talk To Us
We’d like to hear from you if you have decided that you would like free legal advice on claiming. Our team could help you start a claim if you:
- Give us a call on 0161 696 9685 and speak to a specialist.
- Discuss your accident at work with an online advisor in live chat.
- Let us know what happened via our online enquiry form. A specialist will contact you at a convenient time.
We will do all we can to keep the claims process straightforward. When you get in touch, we’ll provide honest advice on your chances of winning compensation. Our advisors will start by reviewing your claim on a no-obligation basis. Along with free legal advice, the advisor could pass your case to a personal injury solicitor. If they believe your case is strong enough to continue, they’ll operate on a No Win No Fee basis.
You have arrived at the last part of this article about claiming if you got hurt at work. We have therefore added some external links below which might help you if you decide to begin a claim.
Workplace Problems – This page from Acas provides a number of guides that could help deal with workplace issues.
NHS Service Lookup – You could use this tool to obtain the address of an NHS service so you can request medical records.
Statutory Sick Pay Information – A government site that provides information on the current level of SSP.
To show what other types of claims Advice.co.uk can support, we’ve listed some more articles below.
Dental Negligence Claims – This article explains when you could sue for suffering caused by dental negligence.
Hot Drink Burns – Advice on claiming if your scalded or burnt by a hot drink.
Care Home Negligence – If you or a loved one have suffered because of care home negligence; this guide could help.
We would like to hear from you if there is anything else that we can help with. Please call and speak with a friendly advisor today.
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Published by AL.