By Danielle Nicholson. Last Updated 22nd December 2023. If you’ve been injured in a workplace accident, but aren’t sure who was at fault for it, you may wonder whether you’d still be able to claim compensation. If you have caused your own workplace accident entirely, and no one is to blame but yourself, you would not be able to make a claim against your employer. But what happens if you were partially at fault for a workplace accident, but your employer was also to blame in some way? Could you claim compensation? Would your compensation payout be different if you had some liability? And how could you go about getting help with a claim?
Here at Advice.co.uk, we have compiled this guide to help those people who were partially at fault for a workplace accident. In the sections below, we look at how compensation payouts could be calculated for such claims. And we also illustrate some compensation amounts for injuries that could be sustained in a workplace accident. In addition to this, we look at the legal responsibilities your employer has to protect your safety at work. If they were in breach of their legal obligations, you could make a claim for compensation if it contributed to your accident, even if the accident was partially your fault. We explain how this could happen, and the potential impact of contributory negligence on a personal injury claim.
If you have any questions about the information in this guide, we’d be glad to speak to you. We could also provide free legal advice to potential claimants. And also help them begin a claim for compensation by connecting them with a solicitor to help them. You can reach us on 0161 696 9685.
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- When Are You Eligible To Claim For An Injury At Work That Was Partially Your Fault?
- Partial Fault Workplace Injury Claim Calculator
- Damages Which May Be Awarded
- What Does It Mean To Be Partially At Fault For A Workplace Accident?
- How Is Fault Established In An Accident?
- Claiming For A Work Accident With No Win No Fee Solicitors
- Related Services
If you would like to make an accident at work claim, you must meet the eligibility requirements. You must be able to prove that:
- Your employer owed you a duty of care.
- They breached this duty.
- You suffered an injury as a result.
The three points above lay the foundation of negligence in personal injury claims. If this can be proven, you could have valid grounds to seek compensation for your injuries.
The Health and Safety at Work etc. Act 1974 (HASAWA) sets the duty of care that employers owe their employees. This is duty of care means the employer must take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees. You must be able to prove that your employer failed to uphold this duty and caused you harm, in order to claim for an injury at work.
However, if you ask, ‘I suffered an injury in an accident at work that was my fault, can I still claim?’ It would depend on what degree you were liable for the accident. If your employer took every reasonable and practicable step and you still injured yourself, you would not have a valid claim. However, if some degree of responsibility for your injuries fell onto your employer, you would be able to claim, but your compensation would be reduced accordingly depending on how at fault you were for the accident in which you were injured. This is contributory negligence. We look more at this later in this guide.
If you have any questions, or would like to get a claim started, please contact our advisors.
You may be wondering how much you could claim for a work place injury after an accident in the workplace was caused by the negligence of your employer. Compensation for a work accident claim will be calculated based on various different factors and could include both general and special damages. This is discussed in more detail in the following section.
The table below contains figures of what you could claim for a selection of injuries you might suffer in an accident in the workplace. These are taken from the Judicial College Guidelines (JCG), which was last updated in 2022. Legal professionals use the JCG to help value general damages in claims, but the amounts shown are not a guarantee of what your compensation will look like.
|Multiple severe injuries and special damages
|Settlements could include compensation for more than one severe injury and any incurred expenses, including nursing care and mobility aids.
|Up to £1,000,000+
|Very severe brain damage
|The injured party shows little or no response to their environment and requires full time nursing care because of their symptoms.
|£282,010 to £403,990
|Severe injuries to the back (ii)
|Causing bowel function to be impaired, or bladder function impairment. There could also be an impairment in mobility. Unsightly scarring and nerve root damage could also feature.
|£74,160 to £88,430
|Severe injuries to the neck (iii)
|Severe soft tissue damage , dislocation or fracture causing permanent disability and long-term chronic conditions.
|£45,470 to £55,990
|Injuries to the elbow
|A severely disabling elbow injury
|£39,170 to £54,830
|Moderate injuries to the leg
|Complicated or multiple fractures or a serious crush injury to one leg. The extent of treatment, muscle wastage and impact on employment will affect how much is awarded.
|£27,760 to £39,200
|Moderate injuries to the pelvis and hips (i)
|The injury would be significant but there would not be a great risk of further future damage. There would be no major permanent disability either.
|£26,590 to £39,170
|Injuries to the wrist
|The claimant would have some useful movement but there will be a significant and permanent disability.
|£24,500 to £39,170
|Severe finger fractures
|Leading to a partial amputation, and causing grip impairment, reduction of function, deformity and sensation disturbance.
|Up to £36,740
|Moderate injuries to the shoulder
|Frozen shoulder injuries leading to limited movement. These symptoms could last around 2 years. Also included in this bracket could be soft tissue injuries leading to symptoms that last beyond 2 years.
|£7,890 to £12,770
Damages awarded in personal injury claims are generally awarded as special damages and general damages.
These are what is illustrated in the table in the previous section. They are designed to compensation personal injury victims for the suffering, pain and loss of amenity caused by their injuries.
In addition to general damages, a claim for compensation may include special damages. These are designed to compensate claimants for quantifiable financial expenses caused by their injuries. Special damages that could be claimed:
- Care Expenses
- Income Losses
- Travel Expenses
- Medical Expenses
As discussed above, employers have a legal requirement to take reasonable measures to protect the health and safety of their employees while they are at work. If your employer fails to do this and you suffer an injury as a result, you could seek compensation for your workplace injuries.
However, you could be found partly responsible for your workplace injuries. This is called contributory negligence. In contributory negligence cases, how much compensation you are paid out will generally be reduced by how much of the work injury you were responsible for. For example, if your employer’s negligence contributed to 80 percent of the accident, this would reduce your compensation award by 20 percent.
As much as your employer has a legal duty to protect your health and safety, you also have a duty to prevent workplace accidents. For example, your employer should carry out regular risk assessments. These could identify the need for adequate training and personal protective equipment (PPE). If your employer supplied the PPE required to carry out your work duties safely and you injure yourself because you did not use it, it is unlikely that you would have a valid accident at work claim. You are partly responsible for your own safety as per employment laws.
If you were partly responsible for your work injury, get in touch with our advisory team for a free no no-obligation consultation. They can help assess whether you have a valid accident at work claim and advise on how much you could receive in a settlement involving contributory negligence.
You need to prove that your injuries were caused by employer negligence in order to make a claim. This can be done by gathering evidence. Below, we’ve compiled a short list of examples:
- Visual evidence – This could include photographs of the hazard that caused your injury, and photos of any visible injuries too. It could also be that the incident was captured on CCTV.
- Medical records – It’s your right to request your medical records at any time. Details on your injuries and related treatment will feature here, amongst other information.
- Witness contact details – If anyone saw the incident that caused your injuries, make sure you have a way to reach them to see if they’ll consider issuing a statement.
- Accident book – as per employment law, if your workplace has ten or more employees, your employer must provide an accident book to record workplace incidents. This should be filled in with your name, the date and time and details of the accident at work.
There are more examples too. Get in touch for additional information, including the answer to the question, “I was injured in an accident at work that was my fault, can I still claim?”
If you have a valid injury at work claim, you could seek legal representation from a solicitor who has experience with this type of case. Our advisors could review your claim, and if they determine it’s a strong case, they may connect you with a solicitor on our panel.
One of the solicitors from our panel may offer to work with you on a No Win No Fee basis with a Conditional Fee Agreement (CFA). When working with a solicitor under this arrangement, you will not be required to pay any upfront or ongoing fees for their services. Additionally, if your claim is unsuccessful, then you won’t need to pay your solicitor for the work they have done on your claim.
A success fee is subtracted from the compensation given to you should your claim prove successful. This is a legally capped percentage of your compensation that’s taken by the solicitor supporting your claim.
For more advice on making a workplace injury claim with a No Win No Fee solicitor, you can:
- Call us on 0161 696 9685 for free legal advice
- Live chat with our team
- Fill out the contact form and we’ll get back to you as soon as we can.
We also have a bunch of dedicated guides on making an accident at work claim, which you can read below:
- Employers’ responsibility when a worker is injured
- Could I claim after I slipped on a wet floor at work?
- Incorrect PPE causing workplace eye injuries
- Agency worker claims
- Slipped on ice at work claims
- What happens if an employee doesn’t report an accident?
- How long can you claim after an accident at work?
- Do I need a lawyer if I get hurt at work?
HSE Health And Safety At Work Guidance – You can find information on health and safety at work on the HSE website.
Accident Statistics UK – You can look at the most recent accident at work statistics here.
Health And Safety Law Explained – The HSE have explained an employer’s responsibilities according to civil and criminal law here.