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.
Select A Section
- A Guide To Injury Claims When Partially At Fault For A Workplace Accident
- Partial Fault Workplace Injury Claim Calculator
- Damages Which May Be Awarded
- What Does It Mean To Be Partially At Fault For A Workplace Accident?
- When Could You Claim For Injuries Caused By A Workplace Accident?
- What Are Non-Fault Accidents?
- When Might Liability For The Accident Be Split Between Parties?
- How Is Fault Established In An Accident?
- Is It Difficult To Prove Fault Should Be Split Between Parties?
- What Is Contributory Negligence?
- How Do I Claim When Partially At Fault For A Workplace Accident?
- No Win No Fee Claims If You Were Partially At Fault For A Workplace Accident
- Contact Us
- Related Services
If you were partially at fault for a workplace accident, but you believe your employer also contributed to your accident by not taking care of your health and safety at work, you may be wondering whether you could make a personal injury claim against them. In general, if an employer has breached Health and Safety law, by failing to train you how to do your job safely, not keeping the workplace free of removable hazards, not maintaining equipment to a safe standard, or not providing PPE, for example, and this has caused an accident they could be held liable for your injuries. But if you are partly to blame for an accident, the matter becomes a little more complex.
In the sections below, we answer some common questions about making such claims, including:
- Can I claim for an accident at work that was my fault?
- Could I be sacked for having an accident at work?
- Should I claim personal injury on my own insurance?
- How much compensation do you get for a head injury at work?
We also discuss how compensation payouts could be reduced if you could prove your employer was only partially to blame. Also, how legal support could help make the claims process less stressful. We hope you find this guide useful. Should you need free legal advice relating to your specific circumstances, please do not hesitate to get in touch. We’d be glad to help you.
If you were looking for a workplace personal injury claims calculator to give you an estimate of the compensation you could receive for your claim, you may be surprised see we have included a table instead. All cases are assessed individually. The specific facts, circumstances and evidence surrounding the case must be carefully assessed before anyone could calculate a compensation settlement. Particularly in cases where there is split liability.
Instead of a calculator, we have opted to give you guidelines compensation amounts from the Judicial College Guidelines. This publication is something that could be used by solicitors to determine appropriate compensation payouts for personal injury claims. Remember, though, that in cases where you are partially at fault for a workplace accident, your compensation may be reduced to reflect your contribution to the accident.
|Type of injury sustained||Remarks||Guideline Compensation|
|Severely disabling elbow injuries||-||£36,770 - £51,460|
|Severe injuries to the neck (iii)||Soft tissue damage (severe), dislocation or fracture causing permanent disability and long-term chronic conditions.||£42,680 - £52,540|
|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.||£69,600 - £82,980|
|Severe finger fractures||Leading to a partial amputation, and causing grip impairment, reduction of function, deformity and sensation disturbance.||Up to £34,480|
|Moderate pelvic/hip injuries (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.||£24,950 - £36,770|
|Moderate injuries to the shoulder||Frozen shoulder injuries leading to limited movement. These injuries could last around 2 years. Also included in this bracket could be soft tissue injuries leading to symptoms that last beyond 2 years.||£7,410 - £11,980|
|Injury to the wrist||The claimant would have some useful movement but significant and permanent disabilities also.||£22,990 - £36,770|
|Minor head injury||Brain damage would be, in these cases, minimal. The extent of the initial injury, its severity, continuing symptoms and recovery period would also be assessed||£2,070 - £11,980|
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. To find out what special damages could be claimed, see the sections below.
If injuries sustained by a victim of personal injury led them to need care assistance, such as assistance with toileting, washing or dressing, then such costs could be claimed for as special damages.
Loss of earnings could be claimed for if a claimant has required time off work to recover from injury or illness and has lost out on income because of this.
If you’ve incurred travel costs relating to hospital appointments. Or meeting with your lawyer as part of your claim. These expenses could be included as special damages within your claim.
Medical costs such as counselling, physiotherapy or prescription fees could be included as special damages too.
If you’re claiming for the loss of a loved one who has suffered a personal injury, you could include funeral costs within your claim.
Every employer in the UK has a legal responsibility to abide by Health and Safety Regulations. The Health and Safety at Work etc Act 1974 requires all employers to ensure that, as far as could be considered reasonably practicable, the workplace and systems of work do not cause risk to health and are safe.
For example, they should ensure that the workplace doesn’t present hazards that could be removed, such as trip hazards. They should ensure that where applicable, employees are trained on how to complete tasks safely. If they do not do so, and you are injured at work because of their negligence, you could potentially claim compensation for your injuries. However, in some cases, an employee could be acting irresponsibly or dangerously. They could be partially at fault for a workplace accident, and in these cases, personal injury claims could be more complicated.
How To Prove Liability
When it comes to proving whether an employer could be liable for your injuries suffered in a workplace accident all the facts and circumstances of the case would need to be assessed. For example, if an employee tripped over an object because they were running, when running was prohibited the reason the object was in situ would have to be examined. It would have to be assessed whether it was a trip hazard that should have been removed. Also if the employee was walking would have they still tripped?
As you can see, such cases could be complex, which is why many claimants that are partially at fault for a workplace accident prefer to use a personal injury solicitor when making such claims.
If your employer had asked you to perform tasks you were not trained to do or given PPE to protect you when it would have been appropriate for them to do so, this could lay some liability at your employer’s door. Another example of when injured employees could claim could include situations where inexperienced members of staff are given tasks that they are not knowledgeable or experienced to carry out safely. This could result in them injuring their colleagues.
How Long Can You Claim For An Accident At Work?
We would urge claimants who believe they could have a claim to call us for free legal advice as soon as they could. There is a personal injury claims time limit that applies to such cases, and if legal paperwork is not submitted within the limitation period (usually 3 years from the accident but there are some exceptions) claims could become time-barred.
Non-fault accidents are when you are not to blame for an accident. As it was not your fault. Accidents happen all the time and some are that just incidents which could not have been avoided. And the injuries suffered could not have been prevented. There are times when we are in situations and environments when a third party owes us a duty of care. This means they are required to look after our safety as much as possible. When this duty is breached it could create avoidable incidences.
If you are injured in a workplace accident and are not sure who could be considered at fault, we could offer free legal advice over the phone. In some cases, claimants may not be aware of the responsibilities of their employer and may feel an accident was all their fault when their employer could be held accountable for partial blame.
In some cases, where someone is partially to blame for a workplace accident, but their employer is also liable, the cases could be settled by split liability. This could mean that your employer has to pay you compensation, but it may be lower than it would have been if you were not at fault at all for the accident.
For example, imagine you were working on a piece of machinery at work that was not operating properly and you were under time pressure so instead of reporting the issue, you carried on working. You were injured when the machinery malfunctioned. You could be partially to blame for the accident because you carried on using the machinery you knew was not functioning as it should. But what if there was an issue because your employer had failed to maintain the equipment as they should have done? This could be considered split liability, as there is fault on both sides.
When it comes to workplace health and safety, an employer’s responsibilities are clearly defined in the Health and Safety at Work etc Act. If they have breached their legal responsibility towards an employee and this has caused an accident, causing injury to an employee, they could be held liable for the employee’s injury. However, if an employee is also partially to blame for the accident, they could be accused of contributory negligence. The compensation that is paid would be reduced, using a percentages split, to account for your own negligence. For example 50% your negligence and 50% of your employers. This would mean you would only receive 50% of the overall settlement you would have otherwise been entitled to.
To establish liability on the part of the employer, it would have to be proven that:
- The employer had a duty of care towards the employee
- That duty of care had been breached
- The breach of duty caused (or contributed to) the accident the employee was injured in
If you are unsure as to whether your employer could bear some liability for an injury at work that you were partially to blame for, our team would be happy to talk to you.
Workplace injury claims could be complicated if there are potentially two parties that both had some part to play in a workplace accident. Both your actions and your employer’s responsibilities would have to be assessed to determine whether you had acted recklessly, negligently or dangerously. Also whether your employer had breached their responsibilities towards your health and safety.
What To Do If An Accident Occurs In The Workplace?
To ensure you have the strongest possible, even if you were partially at fault for a workplace accident, the steps you could take could include:
- Report the accident in the workplace accident book
- Ensure that you note down all the details of the accident
- Take photographs of the scene/your injuries
- Take witness details
- Get medical attention
- Seek free legal advice to see if you could have a claim
We could provide an eligibility check on your case over the phone if you’ve been partially at fault for a workplace accident in which you were injured.
Contributory negligence is a legal term that means you are partially at fault for an accident. This does not necessarily mean that you would not have a route to compensation. Seeking compensation when contributory negligence is a factor means you would have to provide solid evidence that another party (your employer) was also at fault for the accident that caused you injuries.
When making such a claim, according to the Law Reform (Contributory Negligence) Act 1945, the damages recoverable would be reduced to the extent a court deems equitable and just, according to the claimant’s share in the responsibility for damage. What this means is that your compensation award would be reduced by your share in the blame for the accident.
For example, if you were deemed to be 25% responsible for the accident, your employer would only pay you 75% of what they would have paid if they were totally at fault for the accident.
Making a claim for compensation when you are partially at fault for a workplace accident could be complicated. While you could go ahead and make a claim on your own, without legal assistance, we would strongly advise you to contact us for free legal advice first. There are certain benefits you could reap by having an experienced professional on your side to help you with your claim. Particularly when liability is disputed or split between multiple parties. A solicitor could help you by:
- Ensuring your claim didn’t become time-barred by submitting paperwork to the courts before the personal injury claims time limit was reached.
- Ensuring you claimed for all damages you could be eligible to claim for.
- Negotiating for the maximum compensation payout possible for your case.
- Making the process of claiming less stressful, as they would take on all the hard work of proving your claim.
We could connect you with a personal injury solicitor who works on a No Win No Fee basis. This means you wouldn’t have to pay any money to start your claim.
If you were partially at fault for a workplace accident and are wishing to retain the services of a personal injury solicitor, you could still do so under No Win No Fee terms. No Win No Fee claims mean you don’t have to pay upfront for professional legal assistance. Instead, you would sign a No Win No Fee Agreement (Conditional Fee Agreement). This would agree a small, legally capped success fee that would be paid to your solicitor out of your compensation payout. Only if your case ended in compensation.
What Happens If My Claim Isn’t Successful?
If claims are unsuccessful, then you would not pay your No Win No Fee solicitor. You would not be required to cover the costs that your solicitor had incurred while they were in pursuit of your claim either.
Here at Advice.co.uk, we offer free advice. Our advisors could advise you on your eligibility to make a claim. They could even connect you with a personal injury solicitor that could help you. All you need to do is:
- 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.
I Had An Accident At Work What Are My Rights (UK)? – This workplace accident guide gives you information about your rights to take action against a liable employer.
Can I Claim For Whiplash If It Was My Fault?– This guide looks at whiplash accidents and when you could claim for them.
Split Liability Claims – This guide gives more information about split liability claims.
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.
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