What Is The Process Of Making A Work Accident Compensation Claim?

Do you need to make a work accident compensation claim? Have you suffered an injury because of a health and safety issue at work?  Did they fail to put an essential precaution in place or properly maintain the premises or tools? If so, this guide explains the personal injury claims process for you.

Work accident compensation claim guide

Work accident compensation claim guide

As you recover from your injuries you may be feeling overwhelmed at all the issues that need attending to. Although anyone is free to represent their own claim for personal injury, the support and guidance of a professional can really help. At Advice, we can offer an immediate introduction to a member of our panel of personal injury solicitors when you:

  • Call our team on 0161 696 9685
  • Request a ‘call back and contact us
  • Access instant help through the ‘live support’ option, lower right.
  • Or continue reading the sections below and the highlighted text for further help

Select A Section

  1. Types Of Accidents In The Workplace
  2. How Could You Be Injured In A Work Accident?
  3. When Could You Claim For Being Injured At Work?
  4. How does The Work Accident Compensation Claim Process Work?
  5. Calculating Damages For Your Workplace Injury Claim
  6. Learn More About A Work Accident Compensation Claim

Types Of Accidents In The Workplace

According to the Health and Safety Executive (HSE) 1.7 million people reported suffering from a work-related illness or injury during 2020/21. Each workplace may present its own particular type of hazard or risk depending on the exact nature of the business. But some general workplace accident types commonly encountered in any area of industry may include:

  • Falls from heights
  • Slips, trips, or falls
  • Machinery malfunctioning
  • Collision with workplace vehicles
  • Impact with heavy materials
  • Contact with hazardous chemicals or substances
  • Workplace violence

How Could You Be Injured In A Work Accident?

Because workplace injuries can happen in any number of ways, they can therefore range from mild, to severe or even life-threatening. Following the list of workplace accident types above as an example, negligent health and safety standards at work could give rise to the following injuries:

  • A fall from an unguarded height can cause spinal and head injury
  • Slips or trips can fracture bones or tear ligaments
  • Malfunctioning machinery could cause soft tissue tears or cuts
  • Colliding with a poorly operated forklift truck can cause multiple injuries
  • Also, heavy items falling or crushing you can cause chest damage or broken feet bones
  • Chemicals and hazardous substances can create burns and scarring.
  • Badly managed violent situations or lack of security can result in acquiring facial injury, or potential for other types of serious injury, stab wound, for example.

Non-Fatal Health and Safety Statistics

With all this in mind, the statistics below show the prevalence of non-fatal injury types in the workplace. These statistics are provided by the Health and Safety Executive (HSE) and include injuries serious enough to require reporting through RIDDOR ( The Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013):

When Could You Claim For Being Injured At Work?

All UK employers have a common ‘duty of care’ to their employees as described in Section 2 of the Health and Safety At Work etc Act 1974. This law means that employers must protect their employees as much as is reasonably practicable. Also, under Section 7 of this Act, employees have a duty to safeguard their own well-being at work as much as possible. To do their part, employers must amongst other things:

It is possible to launch a work accident compensation claim against your employer if you can prove that they failed to apply health and safety requirements in the workplace and you suffered injury as a result, You cannot make a claim just for an accident, there must be physical or psychiatric harm. Speak to our team for guidance on the specifics of your case.

How does The Work Accident Compensation Claim Process Work?

To make a personal injury claim for an accident at work you must be able to prove that negligence caused an avoidable injury. Evidence is vital in a work accident compensation claim, but don’t worry if you cannot gather together all the items listed below. Any of the following could help you start a claim for damages after an injury caused by employer negligence:

  • Medical records that prove the injuries
  • Hospital admission or A&E notes
  • CCTV footage of that area if available
  • Any witness details so that a solicitor can collect a statement at a later date
  • Photos of the area and cause of the accident

A personal injury solicitor can help pull together the necessary proof and streamline the claims process on your behalf. They can build and evaluate all eligible proof giving your claim its best possible chance. In addition to this, they can advise about your rights to keep your job and not suffer intimidation or reprisal for making a claim against your employer.

Arbitration and Mediation

How many personal injury claims need to go to court? A key part of a work accident compensation claim is completing pre-action protocols. These are steps that both sides must take to demonstrate that they tried to reach a resolution before needing to bring the case to court. A personal injury solicitor can undertake all these steps on your behalf.

Arbitration may involve a third party deciding the outcome of the claim. Mediation can involve a decision ‘without prejudice’.

Calculating Damages For Your Workplace Injury Claim

Damages in a work accident compensation claim can be calculated by looking at two areas. General damages are amounts awarded in recognition of the pain, suffering, or loss of amenity the injuries have caused you.

In order to prove this, a medical assessment can be arranged. The report it generates is compared with a guide for compensation award brackets called the Judicial College Guidelines, an excerpt of which we have shown below:

Area of harmHow bad?JC Guideline award bracketNotes
Head(c) Moderate Brain Damage (iiI)£40,410 to £85,150Injuries that leave a reduced ability to work or poor concentration
Neck(a) Severe (ii)£61,710 to £122,860Serious disc fractures, substantial loss of movement in neck
Shoulder(c) Moderate£7,410 to £11,980Limited movement and discomfort issues like frozen shoulders that persist for 2 years.
Back(a) Severe (iii)£36,390 to £65,440Fractures or disc lesions, soft tissue injuries that create a wide range of pain and emotional issues
Back(c) Minor (i)£7,410 to £11,730Full recovery (or to 'nuisance level') within 2 - 5 years
Hip/pelvis(b) Moderate (i)£24,950 to £36,770Serious initial injury but no significant disability or long-term issues
Knee(b) Moderate (i)£13,920 to £24,580Injuries that cause instability, wasting, weakness and future disabilities
Ankle(d) Modest injuriesUp to £12,900Minor undisplaced fractures, sprains or ligament tears. Award is determined by how complete the recovery is
Foot(e) Serious£23,460 to £36,790Injuries that give rise to future arthritis risks or possible need for surgery
Hand(f) Severe fractures to fingersUp to £34,480Possible amputation, impaired function or grip

It’s very important to remember that these are guide award amounts and not certain compensation guarantees. The amount you receive could differ.

In addition to general damages, a second head called ‘special damages’ may be appropriate. Again, it’s important to have solid proof to claim special damages. But any receipts, bills, or invoices that you have which show a financial loss can be included as part of your work accident compensation claim. With this in mind, you might be in a position to prove:

  • A loss of earnings
  • Additional or supplementary medical procedures that are not freely available
  • Travel expenses such as petrol or parking for hospital appointments
  • The costs of family, friends, or paid carers to help you at home

Call our team and they can explain other expenses that you might be eligible to include as part of your work accident compensation claim. Or you can use our personal injury claims calculator.

Learn More About Work Accident Compensation Claims

If you feel ready to start a work accident compensation claim, perhaps a No Win No Fee agreement can help. When a personal injury solicitor works under an agreement such as this, there are immediate benefits to you, namely:

  • No fees are needed upfront to hire the solicitors working for you
  • Or any as the case gets up and running
  • A case that fails to win does not require payment of any kind to the No Win No Fee solicitor
  • When an outcome is successful, a maximum percentage of 25% from the settlement becomes due to cover the solicitor’s costs.
  • You benefit immediately from expert legal representation.

Furthermore, there is a three-year time limit for making a personal injury claim, so find out how No Win No Fee agreements can work for you today by:

Work Accident Compensation Claim – References

In conclusion, the resources below offer further reading on this subject:

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Published by AL.