A Guide To The Accident At Work Claim Process
If you have suffered a workplace accident, you may be unsure if you can claim compensation. In this guide, we will outline the accident at work claim process.
This guide will start off by looking at who could be eligible to make a personal injury claim if they are involved in an accident in the workplace. Here we illustrate the criteria you will need to meet to have a valid accident at work claim.
In this guide, we will also look at the evidence you could gather to help support your personal injury claim and illustrate how workplace accidents and injuries can come about due to employer negligence. Then, we have a section that is dedicated to personal injury compensation. We have provided a table with guideline brackets amounts and their accompanying injuries.
Additionally, you may consider instructing a legal professional. This guide will outline the benefits of using a No Win No Fee solicitor when making a claim.
To find out if our panel of solicitors can help you with the accident at work claim process, please get in touch using the following:
- Call us on 0161 696 9685
- Contact us for more information using this online claims form
- Alternatively, feel free to talk to us using the live chat function
Jump To A Section
- When Are You Eligible To Make A Work Injury Claim?
- Evidence Needed For The Accident At Work Claim Process
- How Could You Suffer An Accident At The Workplace Due To Negligence?
- Potential Compensation From A Workplace Accident Claim
- Make A No Win No Fee Accident At Work Claim Using Our Panel Of Solicitors
- Learn More About The Accident At Work Claim Process
When Are You Eligible To Make A Work Injury Claim?
Once you have instigated the accident at work claim process, you must ensure you can prove employer negligence has occurred. For this to take place, you must prove the following:
- You were owed a duty of care. For employers, this can be found in the Health and Safety at Work etc. Act 1974 (HSWA 1974). This states that employers must take all reasonable steps to keep employees safe.
- The employer has breached their duty through acts or omissions leading to a workplace accident.
- Finally, your injuries came as a result of this breach.
Additionally, if your injuries only become apparent after you have left the company, you can still begin the accident at work claim process. To find out more about claiming against your ex-employer, call our advisors for free advice.
Evidence Needed For The Accident At Work Claim Process
To make a personal injury claim, you will need to provide evidence as this will not only prove how and why the injury happened, and how severe the harm you suffered is but it will also be used to strengthen your chances of a successful claim.
For evidence, you could:
- Request CCTV footage of yourself.
- Obtain your medical records to provide practitioners’ reports on the severity of your condition.
- Keep a diary of your treatment and symptoms. This could help you keep track of the developments of your condition.
- Take photographs of the accident site and your injuries.
- Gather contact details of potential witnesses. They could provide a statement.
To find out what evidence you could use to prove liability, call our advisors today for some free advice.
What Is The Time Limit To Making An Accident At Work Claim?
Generally, the time limit to initiate the accident at work claim process is three years from the accident. This is found in the Limitation Act 1980 and only requires you to start the claim within this timeframe, not finish it.
Additionally, if someone lacks the mental capacity to claim for themselves, a litigation friend would need to be appointed. No time limit would apply unless said person ever obtained the capacity to act for themselves. If so, they would have three years to claim from this date if a litigation friend had not made a claim on their behalf.
Furthermore, a litigation friend can claim for someone under 18. Alternatively, if this does not occur, the individual will have three years to claim from their 18th birthday.
How Could You Suffer An Accident At The Workplace Due To Negligence?
Below are a few examples, of how an employer could be negligent:
- Your employer fails to maintain the work machinery, which malfunctions, and you suffer a tendon injury.
- There are no risk assessments carried out, and therefore the leaky radiator caused you to slip and fall, suffering fractured vertebrae.
- You are not provided with the personal protective equipment needed to do your job safely, and you suffer chemical burns to both hands.
- You are a warehouse operative and need to carry out manual handling activities, but due to your employer failing to ensure you receive the right manual handling training you suffer from a prolapsed disc.
Our advisors are available around the clock to offer you free advice in a consultation that is free of charge. Should they find that your accident at work claim has a good chance of being awarded compensation, they could offer to connect you with a specialist solicitor from our panel who offer their services via a No Win No Fee agreement.
Potential Compensation From A Workplace Accident Claim
Providing your claim is successful, your award could consist of up to two heads of claim. General damages are always awarded in successful claims and compensate you for the pain and suffering you have experienced. It considers factors such as:
- The severity of your injuries
- Any loss of enjoyment caused
- The recovery time frame following your injury
To help value your injuries, our panel of solicitors could use the Judicial College Guidelines (JCG). This provides valuation brackets depending on the type and severity of your injuries.
The JCG can be used in conjunction with medical reports. The solicitor may look at the report on your injuries and compare this with the JCG to help assign a value to injuries you have suffered.
Examples Of Compensation Brackets
Below you will find examples of guideline brackets given to different types and severities of injuries:
| Injury | Compensation Guidelines | Severity and notes |
|---|---|---|
| Amputation of Arms - Loss of Both Arms | £240,790 to £300,000 | Loss of both arms, affecting quality of life considerably. |
| Amputation of Arms - Loss of One Arm (iii) | £96,160 to £109,650 | A loss of one arm, following an amputation below the elbow. |
| Other Arm Injuries - Fractures | £6,610 to £19,200 | Simple fractures of the forearm. |
| Back - Severe (i) | £91,090 to £160,980 | Back injury where you may experience spinal and nerve root damage. |
| Back - Moderate (i) | £27,760 to £38,780 | Injuries, where you could suffer crush fractures in your spine. |
| Back Minor (i) | £7,890 to £12,510 | Injuries, where a full or almost complete recovery is expected within two to five years. |
| Leg - Severe (iv) | £27,760 to £39,200 | Complicated or multiple fractures or severe crushing injuries. |
| Shoulder - Moderate | £7,890 to £12,770 | Where you could experience a frozen shoulder injury that affects the soft tissue and causes discomfort when moving. This should last for around two years. |
| Wrist | £47,620 to £59,860 | Complete loss of function in the wrist joint. |
Special Damages Compensation In A Work Injury Claim
The second head of claim you could be awarded is special damages. This differs from general damages, as it focuses on the past and future financial loss you incur following your injury.
Special damages include lost earnings, medical expenses or travel costs, and pay slips or receipts could evidence these. You should provide as much evidence as possible to maximise your potential award.
For a free case assessment and to receive a valuation amount that your personal injury claim could attract should it be successful, call our advisors today.
Make A No Win No Fee Accident At Work Claim Using Our Panel Of Solicitors
To help you navigate the accident at work claim process, you may opt to do so with the help of a legal professional. Have you thought about using a No Win No Fee solicitor? The benefits of doing so include:
- No upfront fees to get the claim process started with legal representation.
- No solicitor fees whilst the claim is underway.
- If the claim is unsuccessful, you will not have to pay any fees to your solicitor for the service they provided.
- If successful, your solicitor will take a percentage of the amount awarded. This is known as a ‘success fee’.
Please note that not all solicitors offer this type of agreement, but our panel of solicitors do. They offer a type called a ‘Conditional Fee Agreement‘ and have years of experience, dealing with all kinds of work injury claims. Therefore, if you believe that a No Win No Fee agreement is right for you, get in touch by:
- Calling us on 0161 696 9685
- Contacting us for more information using this online claims form
- Alternatively, feel free to talk to us using the live chat function
Learn More About The Accident At Work Claim Process
If you would like more information on the accident at work claim process, you can find more internal links here:
- How do I claim compensation? – For more advice on how to claim
- Accident at Work – Covering your rights
For some useful external information, look here:
- Statutory Sick Pay – A Gov.UK guide
- Slips and trips – An HSE guide
- NHS Services – To find the services you need.