Advice On Making A Personal Injury Claim Against Your Employer

By Danielle Nicholson. Last Updated 6th December 2023. In this guide, we explain when and how you could make a personal injury claim against your employer. If you have suffered a personal injury at work due to your employer breaching their duty of care, you may be entitled to claim compensation.

Within this guide, we’ll discuss the duty of care employers owe their staff and examples of how employer negligence could result in a workplace accident. Also, we’ll share some guideline compensation awards and how they’re calculated. Furthermore, this guide will cover some of the benefits of working with a No Win No Fee solicitor to help you claim compensation.

To learn more about claiming against your employer or personal injury claims in general, you can contact our friendly advisors. Our team is available 24 hours a day, 7 days a week, to help answer questions such as “Could I make a claim against my employer?” You can contact our advisors today by:

Making a personal injury claim against your employer guide

Making a personal injury claim against your employer guide

Select A Section

    1. What Is A Personal Injury Claim Against Your Employer?
    2. What Evidence Could You Use To Support Your Personal Injury Claim?
    3. How Long Do I Have To Make A Personal Injury Claim Against My Employer?
    4. How Is A Claim For An Injury At Work Calculated?
    5. Other Damages Which May Be Awarded
    6. Make A No Win No Fee Personal Injury Claim Against Your Employer
    7. Related Articles

What Is A Personal Injury Claim Against Your Employer?

In terms of being able to claim compensation, a personal injury claim against your employer might be possible if you have suffered because of an accident at work that was caused by your employer breaching their duty of care. We’ll discuss what a duty of care is and when you could be owed one in the next section.

Your claim could consist of general damages (to cover any pain and suffering) as well as special damages (to cover expenses caused by the injury.

The fact that an accident at work occurs doesn’t automatically entitle you to compensation. It must also result in you suffering in some way.

When you provide evidence, you will need to show that your injuries were caused by your employer or colleague being negligent. Evidence can also help prove the severity of your injuries, and how they’ve affected your life.

The types of employer negligence that might entitle you to claim include:

  • Not being trained properly in relation to your tasks.
  • Being supplied incorrect or inadequate Personal Protective Equipment (PPE).
  • Not being allowed sufficient rest breaks.
  • Not being told where to find the company’s health and safety policy and procedures.
  • Failure to maintain or fix work equipment, machinery or tools.

If any of these failures has caused you to be injured, you could be eligible for compensation. To find out if one of the personal injury solicitors from our panel could help you, get in touch today. Our team can answer questions such as “How much compensation could I receive if I claim against my employer?”

What Duty Of Care Does Your Employer Owe You?

In the case of employers, one piece of relevant legislation is The Health and Safety at Work Act 1974. Section 2 (1) of the act says that “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

On that basis, employers need to take action to:

  • Identify any dangers in the workplace through risk assessments
  • Use the results of these risk assessments to mitigate these dangers
  • Provide PPE

In general, the requirement is for your employer to conduct regular risk assessments to try and spot any potential hazards. Potential problems don’t always have to be removed though.

It might be possible to reduce the risk to staff by providing proper training on completing tasks safely or by providing PPE to protect staff.

To find out if you could be eligible to claim because your employer breached their duty of care and caused you to be injured, please give us a call today.

personal injury claim against employer

How Long Do I Have To Make A Personal Injury Claim Against My Employer?

To form the basis of a successful personal injury claim, you need to act within a legally enforced time limit. Generally, as per the Limitation Act 1980, this time limit is 3 years. This means that you must start your claim within 3 years of the date you were injured.

The 3-year time limit has two exceptions:

  • Those who have the mental capacity to claim – Whilst a litigation friend must be appointed to claim for those in this category, they are free to do so without the constraints of time limits. However, the time limit would begin from the date the injured party is deemed capable of making their own claim – should this ever occur.
  • Injuries to children – For under 18s, there is also no time limit until their 18th Then, the 3-year time limit begins. Before this date, a litigation friend must be appointed to claim on behalf of the child if a claim is to be made.

To find out if you’re owed compensation for your injury, and if a claim could be made, get in touch with our advisors today. They may be able to connect you with one of the personal injury solicitors from our panel, and can answer questions such as “If I claim against my employer, how much compensation could I receive?”

What Evidence Could You Use To Support Your Personal Injury Claim?

Evidence is crucial when claiming compensation. To substantiate your claim, you will need to demonstrate how the accident was to blame, who caused it and how you were injured. To help achieve this you could use the following as evidence:

  • An accident report log from your employer.
  • Details of witnesses who saw what happened and can provide a statement.
  • Medical records following hospital or GP treatment, or X-rays, scans, and further medical evidence.
  • Photographs of the scene of the accident. Ideally, these should contain the root cause of the accident and be taken before anything is fixed or removed. Similarly, photographs of your injuries can help prove their severity.
  • CCTV footage if any cameras cover the area where the accident happened. This can be helpful if you were working for cash in hand when you suffered an injury.

We also recommend that you seek legal advice before starting your claim. Our team will happily review your evidence for you to see if there is enough to form the basis of a successful personal injury claim. Please get in touch if you’d like to know more.

personal injury claim against employer

How Is A Claim For An Injury At Work Calculated?

If your personal injury claim at work is successful, your settlement could be made up of two heads of claim: general and special damages.

In a claim for an injury at work, general damages compensate for the physical pain and mental suffering caused by the injury. When valuing claims, legal professionals may refer to the Judicial College Guidelines (JCG) for guidance. This document provides a list of guideline compensation amounts for different types of injuries at differing severities. All successful personal injury claims will result in general damages.

In our table below, we’ve listed a few figures from the 16th edition of the JCG. It is only provided as guidance. Please note that the first entry in this table is not taken from the JCG.

Edit
Injury Level of Severity Further details Amount
Multiple Severe Injuries + Special Damages Severe Multiple severe injuries combined with significant financial losses such as lost earnings and pension contributions. Up to £1,000,000+
Brain Injury Very Severe There is little, if any, remaining language function, double incontinence, little to no response to surroundings, and a need for full-time professional care. £282,010 to £403,990

Leg Injury Amputation (iv) Below the knee amputation of a single leg. £97,980 to £132,990
Knee Injury Severe (ii) A leg fracture that has extended into the knee joint and causes constant pain and limits the knee’s movement. £52,120 to £69,730
Fractures of Jaws (ii) Serious fractures that cause permanent consequences like problems eating, struggling to open mouth and possible paraesthesia. £17,960 to £30,490
Back Injury Moderate (ii) Ligament or muscle disturbance due to frequently encountered injuries to the back. This will cause backache. £12,510 to £27,760
Ankle Injury Moderate Fractures or ligamentous tears that make it difficult to walk on uneven ground, stand/walk for a long time and will cause awkwardness on stairs. £13,740 to £26,590
Shoulder Injury Serious A dislocated shoulder as well as damage to the lower brachial plexus that cause neck and shoulder pain. £12,770 to £19,200
Arm Injury (d) Simple forearm fractures. £6,610 to £19,200
Foot Injury Modest Examples include puncture wounds, ruptured ligaments and also simple metatarsal fractures that will cause pain and aching. Up to £13,740

It’s important to remember that you can also claim compensation if your pre-existing condition or injury is made worse, or if the development of a condition has been accelerated by the accident.

To see if you could make a personal injury claim for employer negligence, you can contact our advisors today. They could also offer you a free valuation of your potential claim.

Other Damages Which May Be Awarded

You might also receive special damages when claiming compensation. This is the part of your claim that aims to cover any costs, financial losses or expenses resulting from your injuries. What you can claim for will vary from case to case. In some instances, you may not need to include special damages in your claim. However, if you do, you could claim for:

  • Lost income. Should you need time away from work following your accident, you could claim back any lost earnings, including pension contributions. These could result because you are only paid Statutory Sick Pay (SSP) while you are off work.
  • Medical costs. While you are likely to be given free treatment by the NHS, you could still have to pay out. For example, you might need to cover the cost of over the counter medications, prescriptions or some services not provided by the NHS.
  • Care costs. Some claimants will need support with daily activities during their recovery. In those cases, it might be possible to work out an hourly rate for the time a loved one or friend spent caring for you. Similarly, this could cover professional nursing care or the cost of hiring a housekeeper or childcare.
  • Travel costs. It is quite usual to need to make trips to your doctor, a pharmacy or a hospital while you’re injured. If that’s true, you could claim back transport fares, parking fees or fuel costs.
  • Home adaptations. Should you become disabled following an accident at work, you might find it easier to cope if modifications are made to your home or vehicle. In some cases, these costs could be paid back as part of your claim.
  • Future lost income. Where a longer-term injury adversely affects your ability to work, you could seek future lost earnings. The amount awarded will be based on your age, job prospects and current salary.

Contact our team of advisors to learn more, or read on to find out how a No Win No Fee agreement could benefit you when claiming compensation.

Personal injury claim against employer

Make A No Win No Fee Personal Injury Claim Against Your Employer

We advise using a No Win No Fee service to help you make your personal injury claim. If your claim is taken on, you’ll get access to specialist legal representation, but at the same time, your financial risk will be reduced.

Before offering this service, the solicitor must first check the viability of your claim. If they decide to represent you, they will provide a Conditional Fee Agreement (CFA) for you. This contract makes it clear what the solicitor needs to achieve before they are paid for their work. For example, it will show you that:

  • Advance payment of solicitor’s fees is not required.
  • You don’t pay for your solicitor’s work while they process your claim.
  • If the claim does not work out, you don’t have to pay your solicitor for their work.

The only time your solicitor gets paid is when the case is won and compensation is paid to you. When that happens, your solicitor will keep a percentage of your settlement amount. This is shown in the CFA as a success fee so you’ll know the percentage payable before you sign it. To stop you from being overcharged, success fees are capped in law.

Contact Us

  • Call one of our specialists at our advice centre on 0161 696 9685
  • Send details of your claim through our enquiry page to let us know why you’d like to proceed.
  • Use our free live chat service to receive legal advice from an online advisor.

We are happy to offer our advice and review any case for free. After we’ve listened to what’s happened, we could refer your case to a personal injury solicitor. If they believe your case is strong enough and accept your claim, you’ll benefit from a No Win No Fee service.

Related Articles

As we have almost reached the conclusion of our guide, we will offer more support by linking to some additional resources relating to personal injury claims:

  • Risk Assessments – Information on how employers should assess risks in the workplace.
  • Workplace Problems – Advice from Acas on how to deal with employer/employee issues at work.
  • Concussion Injuries – NHS guidance on what to do in the event of a head injury that causes a concussion.

We also have a bunch of dedicated guides on making an accident at work claim, which you can read below:

Thank you for reading our guide on how to seek compensation for a workplace accident. To learn more about claiming compensation, and to find out if you could be eligible to work with a solicitor, contact our team of advisors today.