If you have sustained an injury at work due to employer negligence then you may be eligible to make a workplace injury claim. This article will explain what steps you need to take and what evidence can be gathered to best support your claim. Also, what compensation you may be awarded if your claim succeeds and the benefits of a No Win No Fee agreement.
To get free legal advice on making a workplace injury claim, get in touch with our advisors today by:
Select A Section
- The Initial Steps
- Before You Start Your Claim
- What Information Does My Solicitor Need?
- What Happens When You Make A Workplace Injury Claim?
- Calculating Claims For Workplace Injuries
- Find Out How To Make Your Workplace Injury Claim
A workplace injury claim can be made when your employer’s negligence results in your injury. The Health and Safety at Work etc. Act 1974 (HASAWA) is a piece of legislation that establishes the steps an employer can take under their duty of care to make the workplace a reasonably safe environment.
To make a claim you must prove that your employer breached their duty of care resulting in your injury. There are steps you can take immediately after your workplace injury such as seeking the medical attention you need. Your well-being is the most important thing. You must report the accident to the relevant parties, such as your employer, and collect evidence to support your claim.
Evidence may help prove your employer’s negligence showing that they were not providing a duty of care to keep you safe in your working environment.
Before starting your workplace injury claim, you may need to take steps to determine whether you are within the time limit to make a claim and who is liable for your workplace injury.
The Limitation Act 1980 is a piece of legislation that outlines the timeframes for starting a personal injury claim. The time limit for making a workplace injury claim is generally:
- Three years from the date the injury was sustained.
- Three years from the knowledge of the injury, i.e. industrial illnesses like asbestos-related injuries.
- If you are under 18, three years from your 18th birthday until your 21st.
- If under 18 or not of mental capacity a litigation friend can file a claim on your behalf. In this case, the time limit is suspended until the claimant’s 18th birthday or until they have regained mental capacity.
To determine if your employer’s negligence led to your injury, you must prove that they breached their duty of care.
There are steps your employer must take to ensure a reasonably safe workplace. Some examples of employer negligence can include:
- Improper maintenance of work systems – If the employer has improperly maintained work equipment, this could result in a malfunction of machinery leading to an injury.
- Providing ineffective Personal Protective Equipment (PPE) – If the employer has provided incorrect, unfit for use, or no PPE, this may endanger the employees. For example, working in contaminated air without a respirator, or a respirator with a broken filter.
- Missing risk assessments – If the employer fails to carry out a risk assessment, the risk of hazards causing harm may increase as they are not identified, assessed, controlled, recorded, and reviewed.
Contact our advisors today for free legal advice.
Workplace Accident Statistics
The Health and Safety Executive (HSE) reported that under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) 51,211 workplace non-fatal injuries were reported by employers during 2020/21.
Employer-reported non-fatal injuries saw 14,100 employees need less than 7 days away from work because of their injury while, 37,111 employees needed more than 7 days absence from work.
If you choose to hire a solicitor they may make gathering evidence for your workplace injury claim feel easier. However, there is evidence you can collect yourself, such as:
- Medical records – Seeking immediate medical attention for your injuries to ensure your well-being. Any medical document created by a medical professional can be used to support your claim.
- Accident at workbook – If your workplace has 10 or more employees, they are legally required to provide an accident at workbook. Filling this in will help create a timely record of the accident. However, if you cannot do this, a colleague can complete it on your behalf.
- CCTV footage – You can request CCTV footage of the accident or the circumstances leading up to it from your employer. You may also be able to use dashcam footage and colleague recordings.
- Pictures of the injury and the accident site – Taking photographs of the injury and the accident site can strengthen your claim.
- Witness details – Ensure you collect the details of witnesses so a legal professional can collect statements.
For more information on how to prove an injury at work claim contact our advisors.
When you make a workplace injury claim, these are the following steps you must take. These pre-action protocols state:
- Letter of Notification – A letter, written to the defendant, informing them that you will likely file a workplace injury claim.
- Rehabilitation – Assess whether further treatment is needed.
- Letter of Claim – Illustrate all aspects of the claim to the defendant
- The Response – Defendant’s legal team must reply within 21 days. The legal team may offer to settle your claim.
- Disclosure – The defendant’s early disclosure of documents to exchange relevant information
- Experts – Both parties may consult experts to prove or disprove liability.
- Negotiations following admissions – A defendant admits liability for the claim and the claimant sends over medical documents and receipts for accrued financial costs.
- Alternative Dispute Resolution (ADR) – Litigation should be a last resort. The claimant and defendant should consider whether they will be able to resolve the claim outside of court.
Mediation And Arbitration
When a decision cannot be made amicably then you may need to turn to alternative dispute resolutions (ADR). ADR includes mediation and arbitration, which are described as :
- Meditation – A third party, without prejudice, facilitating a resolution to a dispute.
- Arbitration – A third party deciding the dispute in a private hearing where both parties are bound by the arbitrator’s decision.
For more information on alternative dispute resolutions talk to our advisors today.
If your workplace injury claim succeeds, you will be eligible for compensation.
Compensation can be potentially broken down into general and special damages. General damages cover the pain and suffering inflicted during your injury. The Judicial College Guidelines (JCG) outline potential compensation brackets for a wide variety of injuries at varying levels of severity. The following table shows potential compensation for general damages:
Injury Compensation Notes
Moderate Brain Damage (iii) £40,410 to £85,150 Memory and concentration are affected, ability to work is reduced. Small risk of epilepsy, dependence on others is limited.
Transient Eye Injuries (i) £2,070 to £3,710 Complete recovery in a few weeks.
Chest Injury (g) Up to £3,710 Rib fractures or soft tissue injuries lead to serious pain and disability lasting weeks.
Asbestos (d) £14,140 to £36,060 Pleural thickening and asbestosis - respiratory disability/lung function impairment approximately 1-10%. The level awarded is influenced by the final or provisional basis and extent of anxiety.
Hernia (c) £3,180 to £6,790 Indirect, uncomplicated inguinal hernia, potentially repaired, no associated injury or damage to the abdominals.
Moderate Neck Injuries (i) £23,460 to £36,120 Fractures or dislocations resulting in immediate severe symptoms may need spinal fusion. Chronic conditions involving symptoms in other places in the body and serious injury to soft tissue to the neck and back combined.
Severe Back Injury (i) £85,470 to £151,070 Most severe injuries damage the spinal cord and nerve roots, causing a combination of consequences not found in normal back injuries. Severe disability and pain with incomplete paralysis, significantly impaired bladder, bowel and sexual function, or a combination of conditions.
Moderate Shoulder Injury (c) £7,410 to £11,980 Frozen shoulder with movement limitations and symptoms of discomfort lasting around two years. Injuries to the soft tissue with more than minimal symptoms lasting two-plus years, but still temporary.
Fracture of Clavicle (e) £4,830 to £11,490 The level of award is dependent on the level of disability, fracture, lasting symptoms whether permanent.
Simple Fractures of the Forearm £6,190 to £18,020 Simple fractures to the forearm.
Additionally, you may be eligible to claim special damages as part of your workplace injury claim. These damages cover any financial costs incurred as a result of your injury, including:
- Loss of income and future earnings
- Travel to and from medical appointments
- Child care costs
Contact our advisors today for more information on claiming compensation.
Hiring a No Win No Fee lawyer may make filing a workplace injury claim feel easier. A No Win No Fee agreement requires no upfront cost and no-fee payments if your claim fails. Your lawyer will only take a small, legally-capped amount from your compensation if the claim succeeds to pay for their service.
If you would like more advice on No Win No Fee agreements, get in touch with our advisors today by:
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