As you might know, if you are injured whilst at work, through your employer being negligent you could be entitled to compensation for your suffering. However, you might think that if you make a personal injury claim against your employer, it will lead to problems. You might worry that you’ll be sacked or disciplined for claiming. Many people often worry about how a compensation claim could affect the company’s profits as well.
In this article, though, we’ll show why it is illegal for you to be treated differently if you make a claim against your employer. As we progress, we will explain some of the more common workplace accidents and look at potential compensation amounts that could be paid for them.
If you believe you are eligible to claim, we could help you do so. Our team will review your claim and offer free legal advice about your case. During your telephone call, you’ll have the opportunity to present your evidence and ask as many questions as needed. You aren’t obliged to claim but if it appears that your case is suitable, we could pass it to a personal injury solicitor from our panel. To reduce your financial risk, they’ll work on a No Win No Fee basis if they can accept you as a client.
If you are ready to start the ball rolling today, why not call us on 0161 696 9685? Alternatively, to learn more about what you could claim for if injured in the workplace, please continue reading.
Select A Section
- A Guide On Making A Personal Injury Claim Against Your Employer
- Calculate Compensation For A Personal Injury Claim Against Your Employer
- Other Damages Which May Be Awarded
- What Is A Personal Injury Claim Against Your Employer?
- What Duty Of Care Does Your Employer Owe You?
- Common Types Of Workplace Injury
- Common Types Of Workplace Accident
- How Is The Severity Of Your Injuries Judged?
- Make A No Win No Fee Personal Injury Claim Against Your Employer
- Speak To An Expert
- Related Articles
- How Many Workplace Injuries Are Reported Each Year?
- FAQs On Personal Injury Claims Against An Employer
A Guide On Making A Personal Injury Claim Against Your Employer
As part of their duty of care, employers need to try and keep their staff safe at work. To do this, they need to try and reduce any risks by conducting regular assessments of the working environment. Where possible, any risks must be removed. If that’s not possible, the risk of injury to an employee must be reduced. For example, they could fit handrails in areas where the floor becomes slippery due to water usage.
In this article, we’ll try to address some common questions about workplace injury claims including:
- Will an employee injured at work automatically receive compensation from their employer?
- Can I sue my employer for personal injury?
- What is the average payout for a personal injury claim in the UK?
If an accident happens because your employer was negligent, i.e. they could’ve prevented it if they’d done something differently, you could claim damages for any injuries. That is not something your employer is allowed to prevent you from doing. If they threaten, demote, discipline or sack you, then you could make a separate claim.
You needn’t worry about the financial impact of claiming either. That’s because employers must have insurance to cover such claims because of The Employers’ Liability (Compulsory Insurance) Act 1969. This means the company won’t pay your compensation, their insurer will.
You must adhere to the personal injury claims time limit when seeking damages. Mostly, this is a 3-year period from the date your accident took place. However, for some industrial illness claims, the 3-years begins from when your injuries were diagnosed.
Once you’ve finished reading, please get in touch if you’d like to discuss your claim. Our advice is free and we could connect you with a No Win No Fee personal injury solicitor if your case is suitable.
Evidence to support your claim
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.
- 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.
- CCTV footage if any cameras cover the area where the accident happened.
Calculate Compensation For A Personal Injury Claim Against Your Employer
In this section, we are going to show you how much compensation might be awarded for injuries sustained at work. We have used figures from the Judicial College Guidelines as this is something legal professional make use of when deciding on settlement figures.
Although we have offered some potential figures in our table, please bear in mind that every case is unique. To receive a more personalised estimate, why not let one of our specialists review your case?
The compensation table shows several different injuries and how much compensation they could receive. This compensation is called general damages and it is used to cover the pain and suffering caused by your injuries.
|Injury / Body Part Affected||Level of Severity||Settlement Region||Further details|
|Jaw||Serious||£16,860 to £28,610||These will cause permanent consequences like problems eating, struggling to open mouth and possible paraesthesia.|
|Neck||Minor||£4,080 to £7,410||This award covers soft tissue injuries of the neck. The claimant will fully recover in around 1 to 2-years without the need for surgery.|
|Back||Moderate||£11,730 to £26,050||This award covers ligament or muscle disturbance or prolapsed discs that require laminectomy.|
|Arm||Simple||£6,190 to £18,020||This award is used to cover simple forearm fractures.|
|Shoulder||Serious||£11,980 to £18,020||A dislocated shoulder as well as damage to the lower brachial plexus is an example of injuries in this category.|
|Leg||Amputation||£91,950 to £124,800||This award is used for below the knee amputations of a single leg.|
|Feet||Modest||Up to £12,900||Examples include puncture wounds, ruptured ligaments and also simple fractures of the metatarsal.|
As the amount awarded is based largely on the severity of your injuries, we’ll look at how this is assessed later on. In the next section, we’ll show you the expenses, costs and financial losses that could be claimed on top of general damages.
Other Damages Which May Be Awarded
On top of general damages, it is possible to seek special damages too. This is the part of your claim that aims to cover any costs, 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. 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.
- 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.
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’s negligence. 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.
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.
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.
- Remove or mitigate for those dangers.
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. The duty of care, in that case, is provided by The Personal Protective Equipment At Work Regulations 1992.
Common Types Of Workplace Injury
The Health and Safety Executive (HSE) require employers to report some injuries to them under The Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 2013 (RIDDOR).
Some of the reportable injuries under RIDDOR include:
- Fatalities in the workplace.
- Bone fractures (not including toes, fingers or thumbs).
- Injuries resulting in amputation.
- Crush injuries to the torso or head that result in brain or internal organ damage.
- Burns and scalds covering more than 10% of the body.
- Loss of consciousness caused by asphyxia or head injury.
Common Types Of Workplace Accident
According to these HSE statistics, the most common form of accident at work for the year 2019 were:
- Slips, trips or falls that happen at the same level – 29%.
- Carrying, handling or lifting accidents – 19%.
- Being struck by an object – 11%.
- Violence in the workplace – 9%.
- Falling from height i.e. ladders, scaffolding etc.
We could help if you have been injured in any of these types of accident. For instance, if you have hurt yourself lifting heavy objects, we could help you claim if you’ve not received adequate training in manual handling techniques. Please call today if you’d like to know more.
How Is The Severity Of Your Injuries Judged?
As discussed earlier, you can claim for the suffering caused by your injuries and any monetary losses as well. Compensation for your pain and suffering is based on the severity of each injury. But how is this assessed?
Well, during the claims process, you will need to visit an independent medical specialist. Their job is to find out the extent of your suffering and to offer a future prognosis as well. This is achieved by reviewing medical records, examining the current state of your injuries and asking questions. After this has been completed the specialist will document their findings in a medical report. This will be sent to all parties interested in your claim.
Make A No Win No Fee Personal Injury Claim Against Your Employer
The thought of losing the money you’ve paid to a lawyer if your claim is lost is enough to put you off claiming. For that reason, we advise using a No Win No Fee service. 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 are not liable for any solicitor’s fees at all.
The only time your solicitor gets paid is where 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.
Speak To An Expert
Thanks for visiting Advice.co.uk today. We do hope we’ve made your options relating to workplace injury claims clearer. If you are interested in starting a claim and would like our help, you can:
- 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.
As we have almost reached the conclusion of our guide, we will offer more support by linking to some additional resources. Please contact our free legal advice line if you need anything further.
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.
Workplace Injury Rights – This article offers advice on your rights relating to pay and compensation following a workplace accident.
Claim Time Limits – Advice on what time limits apply for workplace injury claims in different scenarios.
Back Injury Claims – Details of why you might be able to claim if your back is injured whilst at work.
How Many Workplace Injuries Are Reported Each Year?
Each year, the Health and Safety Executive release figures relating to accidents in the workplace. The figures for Great Britain covering the 2019-20 reporting period show that:
- 38.8 million lost working days were caused by non-fatal accidents and work-related illnesses.
- There were 111 fatalities caused by workplace accidents
- 65,427 non-fatal workplace injuries were reported under RIDDOR.
- 828,000 employees are suffering from work-related depression, stress or anxiety.
- The annual cost of injuries and ill-health in the workplace amounted to £16.2 billion.
FAQs On Personal Injury Claims Against An Employer
This is our last section on making a personal injury claim against your employer. To tie everything up, we have answered some common questions below. Please contact our team if you have any further queries.
Can I claim compensation from my employer?
Claiming compensation against your employee might be possible if they caused an accident in which you were injured. You would need to provide evidence that proves their negligence and your level of injury to be able to proceed.
Can I sue my employer if I get injured at work?
Where an employer’s negligence causes a workplace accident, you could sue them for any injuries caused as a result. For example, if you suffer a laceration due to poorly maintained machinery, you could be entitled to compensation.
Do I get paid if I get injured at work?
When you suffer an injury at work, the amount you’ll be paid will depend on your employment contract. Some companies offer enhanced sick pay meaning you could receive full pay for a set period whilst you are off work. Where you lose income as a result of a workplace injury, you could seek reimbursement via a personal injury claim.
Are employers responsible for employees injuries?
Employers have a duty of care to try and protect their employee’s wellbeing in accordance with The Health and Safety at Work Act 1974. This means they should take steps, like providing personal protective equipment, to try and reduce staff from being injured whilst working.
Page by TE
Published by AL.