When Could You Claim For A Workplace Accident?

If you have suffered injuries in a workplace accident and need information about making a personal injury claim, this guide could help. This guide looks at different types of accidents, why they might happen, and how a negligent employer could be responsible for them.

Workplace accident

Workplace accident claims guide

We also explain the steps you could take to build a strong claim, including gathering medical evidence and proof of out-of-pocket costs to calculate your compensation accurately.

If you want to learn more about that and other points, you can start right now by:

  • Calling our team of personal injury specialists free on 0161 696 9685
  • Filling out our online contact form
  • Accessing help through the live support option to the bottom right of this page

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When Could You Claim For A Workplace Accident?

After the shock or turmoil of a workplace injury, you may start to reflect that the accident was not your fault. You may be certain that the circumstances which gave rise to your accident and injury could have been prevented and your employer was liable for the incident.

If you can prove that an employer caused you to sustain harm after breaching the duty of care they owed you, you may be eligible to make a workplace accident claim. If no injury in accident at work, you could not make a personal injury claim.

Each workplace accident scenario may differ but as long as your claim meets the above criteria, you could seek compensation for the injuries you sustained.

For free advice regarding when you could claim and how to find the best accident at work claims company, you can contact our advisors. Alternatively, see the sections below to understand what you could do if your employer wasn’t at fault for the accident that caused your injuries.

What If I Was At Fault?

Perhaps you feel you were partially at fault for your workplace accident. All employees have a duty to take reasonable steps to ensure they keep themselves and others from experiencing harm in the workplace. For instance, they must comply with health and safety guidelines set out by their employer to prevent accidents from occurring.

If you deliberately took an action that was hazardous and dangerous and you were injured as a consequence, your claim may not have a strong chance of success.

However, there may have been instances where you and your employer were both partially at fault for the accident that caused you to sustain harm. In this instance, you may be eligible to make a split liability claim but the compensation you receive will be reduced depending on how much you contributed to the accident or your injuries.

What If Another Person Was At Fault?

Section 9 of The Equality Act 2010 states that employers can be held responsible for the actions of their employees.

For instance, you may have made your employer aware of another employee discriminating against you but they failed to take reasonable action. As a result, the incident of discrimination may have escalated to an assault at work leading you to sustain multiple physical injuries and psychological harm.

In this instance, you could make a workplace accident claim against your employer for breaching the duty of care they owed you to take all reasonable steps to prevent you from experiencing harm.

To discuss this point or any other questions concerning your rights after an accident at work, speak with our team.

Duty Of Care For Workplace Injury Claims

Section 2 of the Health and Safety at Work etc. Act 1974 is a piece of legislation that requires employers to take all reasonable steps to ensure employees are kept safe from harm.

The steps they might need to take may vary depending on the specific workplace but generally, they might include:

  • Carrying out regular risk assessments to highlight any hazards and taking action to reduce or remove the risk a hazard poses.
  • Providing adequate training to employees.
  • Communicating health and safety policies in place to all employees.

Failure to do so could result in various accidents. For more information, we have provided examples of the different accidents you could claim for in the section below.

What Accidents Could You Claim For?

Each work environment may present its own particular set of risks. The following list offers general examples of workplace accidents that may give rise to an eligible claim:

  • Any slip, trip, or fall caused by a hazard that your employer hasn’t addressed, such as unmarked, slippery or uneven floors.
  • Collisions with poorly operated vehicles such as forklifts due to inadequate training being provided.
  • Poorly maintained machinery that causes lacerations or bruises.
  • Lack of essential personal protective equipment (PPE) such as eye protection which may be necessary to avoid workplace eye injuries.
  • The impact of badly stored materials, such as heavy boxes, that fall on someone and cause a severe head injury.

If you have experienced a similar incident of employer negligence, please get in touch with our team to discuss whether you’re eligible to make a workplace accident claim.

What Are The Most Common Workplace Accidents?

The graph below shows non-fatal injuries to employees by most common accident kinds. These were reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) by employers during 2020/21.

As you can see, slips, trips and falls on the same level were the most common kind of accidents for 2020/21.

Steps You Could Take After An Accident At Work

As you consider what injuries you could claim for, it’s important to begin to assemble as much proof as you can to support your claim. With this in mind, the list below offers some pieces of evidence that can greatly assist your claim:

  • You should have your injuries properly checked by a trained medical professional to ensure you receive proper treatment.
  • Obtain medical evidence such as hospital or doctor records to highlight the extent of your injuries.
  • Record the incident in the workplace accident book.
  • Request any CCTV footage that may show what happened.
  • Ask witnesses if they would be willing to supply a statement at a later date.
  • Take photos of your injuries or the cause of the accident.
  • Consider hiring legal representation to help you gather relevant evidence to support your claim.

Suing your employer can feel intimidating and whilst it is something you are perfectly entitled to do independently, a solicitor could help.

For instance, they could arrange for you to attend an independent medical assessment to produce a current and full report on the state of your injuries. This could then be used as evidence in your claim and when calculating compensation.

Workplace Accident Claims Calculator

In the table below are bracket compensation amounts set out in the Judicial College Guidelines. This is a publication often used to help when valuing the compensation you may receive for your injuries.

Additionally, medical evidence provided in support of your claim may also be used to assess the impact of pain, suffering, and loss of amenity caused by the injury.

The compensation you receive for your injuries will be awarded under general damages. However, the amount you receive will vary depending on several factors unique to your case. For that reason, you should only use the figures in the table as a guide.

Location of Injury Severity Level Bracket Award Notes
Brain Injury Moderate (c) (iii) £40,410 to £85,150 There may be cases where concentration and memory have been affected and the ability to work is reduced as well as other symptoms.
Neck Severe (a) (iii) £42,680 to £52,540 Injuries might include severe soft tissue damage or fractures, leading to a permanent and significant disability.
Shoulder (e) £4,830 to £11,490 A fractured clavicle.
Asbestos-related disease (b) £65,710 to £91,350 Lung cancer that may be fatal but the symptoms may not be as painful as mesothelioma.
Back Severe (a) (iii) £36,390 to £65,440 Injuries might include a disc fracture or soft tissue injury, giving rise to debilitating pain, depression and increased risk of arthritis.
Pelvis and Hip Injuries Moderate (b) (ii) £11,820 to £24,950 Injuries might require hip replacement surgery or other surgery.
Leg Severe leg injuries (b) (iii) £36,790 to £51,460 Injuries might include serious comminuted or compound fractures, ligament and joint damage.
Knee Moderate (b) (ii) Up to £12,900 Injuries might include bruising and twisting that give rise to continuous discomfort as well as other symptoms.
Ankle Modest (d) Up to £12,900 Injuries might include less serious fractures and sprains.
Psychiatric Injury Moderate (c) £5,500 to £17,900 Work related stress issues are often considered in this award bracket if the symptoms aren’t prolonged.

You could also receive special damages which compensate for the financial losses incurred as a result of your injuries.

These might include loss of earnings if you have needed to take time off work to recover from your injuries. However, you will need to provide relevant evidence to prove any losses, such as payslips.

Get Help With Your Workplace Accident 

If you feel ready to start your claim, our team could connect you with a solicitor from our panel. They work under a No Win No Fee agreement, which means they could take up your case without requiring an initial upfront cost or other costs as the case moves ahead.

If the case fails, there is no success fee to pay your solicitor. A successful outcome will require you to pay a success fee from your compensation. However, the fee is capped by law and something your solicitor will make you aware of before you claim.

With this in mind, why not find out if you can start your workplace accident claim with a solicitor from our panel today by:

  • Calling our team of personal injury specialists free on 0161 696 9685
  • Filling out our online contact form
  • Accessing help through the live support option to the bottom right of this page

Workplace Accident Related Claims

Further resources are available below.

  • For any medical advice, visit the NHS website.
  • Find out if you’re eligible to receive Statutory Sick Pay (SSP).
  • A HSE guide on preventing slips and trips at work.

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

We hope this guide on workplace accident claims has helped. However, if you have any additional questions, please get in touch using the details above.