By Danielle Nicholson. Last Updated 3rd November 2023. If you have suffered an injury at work because your employer breached their duty of care, then you may be eligible to make a personal injury claim.
Within this guide, we’ll discuss the duty of care your employer owes you and share some examples of the types of accidents that may occur at work should they breach this duty of care. Additionally, we will share some examples of the evidence that could be used to support your claim. We’ll also talk about the benefits of working with a No Win No Fee solicitor when making a work injury claim.
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- I Injured Myself At Work, Can I Claim Compensation?
- Settlements For Those Injured At Work In The UK
- I Injured Myself At Work – How Long Do I Have To Claim?
- Injury At Work Advice – Evidence Gathering
- I Injured Myself At Work, Could A No Win No Fee Solicitor Help Me?
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While you are at work, your employer is expected to take all reasonably practicable steps to ensure your health and safety. This is known as a duty of care, as per the Health and Safety at Work etc. Act 1974 (HASAWA). If your employer breaches this duty of care which results in you suffering an injury, you could be entitled to accident at work compensation.
However, in order to make a personal injury at work claim, you must satisfy the eligibility requirements. This means that you need to prove that:
- Your employer owed you a duty of care.
- This duty was breached.
- You suffered injuries because of this breach.
If you were injured at work in the UK due to your employer’s negligent actions, contact our team of advisors. They can tell you more about making a personal injury claim, and can offer a free evaluation of your case. If they find it to be valid, then you may be connected with a solicitor from our panel.
When estimating the value of personal injury compensation in general damages following a workplace accident, solicitors use the Judicial College Guidelines (JCG). The April 2022 update features compensation brackets for a number of injuries, including both physical and psychological injuries. Therefore, taking figures from the JCG, we have curated the table below featuring injuries you could sustain after an accident at work. These figures apply to general damages, which cover the pain and suffering caused by your injuries.
It’s worth noting the amounts shown below only relate to claims in England and Wales. Furthermore, solicitors will also assess any other type of harm you have suffered when valuing your settlement after you are injured at work. The payout you are awarded, for example, might be influenced by any financial losses inflicted by your accident.
|Very Severe Brain Damage||The injured party will show very little meaningful response to their environment and require full-time nursing care.||£282,010 to £403,990|
|Arm Amputation (a)||The injured party suffered the loss of both arms along with full awareness of the injury.||£240,790 to £300,000|
|Severe Back Injuries (i)||Cases in this bracket involve spinal cord and nerve root damage that result in very serious consequences including severe pain and disability, incomplete paralysis, and impairments to the bladder, bowel and sexual functioning.||£91,090 to £160,980|
|Severe Neck Injuries (i)||In this bracket, the injured party suffers incomplete paraplegia or permanent spastic quadriparesis from a neck injury.||In the region of £148,330|
|Leg Injuries - Severe Leg Injuries (i)||Cases in this bracket are so severe that although they do not involve amputation, the leg might have well have been lost.||£96,250 to £135,920|
|Severe Injuries to the Pelvis and Hips (i)||In this bracket the claimant suffered extensive fractures that resulted in substantial residual disabilities.||£78,400 to £130,930|
|Foot Injuries - Amputation of One Foot||The claimant has required the amputation of one foot and lost the ankle joint as a result.||£83,960 to £109,650|
|Very Severe Face Scars||In this bracket, a relatively young party suffers a severe psychological reaction from disfiguring facial scars.||£29,780 to £97,330|
|Serious Damage to Both Hands||In this bracket the injured party suffered the significant loss of function to both hands alongside a permanent cosmetic disability.||£55,820 to £84,570|
|Severe Shoulder Injuries||The injured party has a significant disability as a result of damage to their brachial plexus.||£19,200 to £48,030|
You may also be eligible for special damages. Special damages is compensation to repay you for any financial losses incurred as a result of your injury. Therefore, they can include expenses already paid and future expenses such as funds for future loss of earnings. Examples of special damages you can claim can include the following:
- Medical expenses
- Care expenses
- Travel expenses
- Reimbursement for loss of income.
If you have been injured at work in the UK, a No Win No Fee solicitor from our panel could help you work out how much your settlement might be worth. Please don’t hesitate to get in touch for more information. After an injury at work, our advice is free.
As per the Limitation Act 1980, the general time limit for personal injury claims sits at 3 years from the date of injury. This is the window of opportunity you will often have in which to begin the process of making a claim. However, there can be certain scenarios where this time limit can be suspended.
- Delayed symptoms/diagnosis – You could use the date that you became aware of your injury if this is later than the date of the accident itself. It’s called the date of knowledge, but you would need to support it with evidence such as medical records.
- Claimants with a reduced mental capacity – The time limit would only begin if the injured party regained a suitable level of capacity. If not, the time limit is suspended, and only an appointed litigation friend can make a claim on their behalf.
- Claimants under 18 – Litigation friends must also act on the behalf of injured children. There are no time constraints for a litigation friend to work on their behalf. The time limit begins from the day the child turns 18. This is also the date from which the claimant could also pursue their own claim.
Get in touch if you have any questions. Our advisors are here 24/7 to help.
Gathering evidence that can support a potential claim is important, but only once you have sufficiently recovered from your injuries. Potential evidence you could look to gather may include the following:
- CCTV, photo and video evidence – Photos and video footage of the accident, the accident scene and the injuries you wish to claim for can all be helpful.
- Witness statements – If anyone, such as a work colleague, saw the incident that injured you, you could gather their contact details so a statement can later be taken.
- A medical report – A copy of the report covering the diagnosis and treatment you received for your work injuries can show how you were injured.
For more advice on injury at work claims or claiming when injured as a UK employee outside your work premises, you’re welcome to contact our team of advisors at any time.
When making a claim with a No Win No Fee solicitor you the client will not have to pay an upfront or hourly fee. Instead, you will sign a Conditional Fee Agreement (CFA) whereby both parties agree that you will pay a success fee if the solicitor wins your compensation claim.
What are the advantages of No Win No Fee solicitors?
- You only have to pay your success fee if we win your accident at work claim, so there is less financial risk involved.
- If your claim is successful your solicitor fee will be deducted from your compensation payout at a capped rate, keeping the cost of claiming under control.
For free legal advice about making a claim with a No Win No Fee solicitor for an accident at work, call Advice.co.uk today to speak to an advisor. To begin your claim, contact us using any of the following methods below:
- I Was Partially At Fault For A Workplace Accident, Could I Make An Injury Claim?
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