Can I Claim For An Accident At Work After I Left The Company?

This guide is going to focus on how to make a compensation claim for an accident at work after you left the company. We are going to cover many of the ways that a workplace accident can happen, and what the law says about the liability of former employers in such situations. We will also provide you with some free advice about how to find the right personal injury lawyer to help you to make a claim.

Can I claim for an accident at work after I left the company guide

Can I claim for an accident at work after I left the company guide?

All claims are unique. They are based on their own circumstances leading to the claim, and the harm and loss they caused. Meaning your own claim might be based on a scenario that falls outside of the scope of this guide. If you do have questions that remain unanswered once you have read it, please contact our claim advisors on 0161 696 9685. They will answer all of your questions and explain how we can be of further help.

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A Guide To Claims For An Accident At Work After I Left The Company

Were you the victim of an accident at work in a previous job? Perhaps at the time, your injuries seemed trivial, but later on, have become a health problem. A good example of this would be if you were to hurt your back lifting something at work. At the time it might have been only mildly painful for a few minutes and you thought nothing of it. And then a little time later, after several tests and scans, it is discovered that you suffered a herniated disc. Or perhaps at the time of the accident at work, you did not feel comfortable claiming against an employer you worked for but now you have a new job you would like to start a claim? If this sounds like your case please read on.

The guide starts off with an example compensation table, followed by a list of commonly claimed types of damages. You can use these two sections to try and get a rough idea of the worth of your potential claim.

Next comes some important information. We first define what a workplace accident is, then move on to look at the liability of former employers for avoidable accidents that affected their staff. You will also learn about making a claim against companies that have gone out of business for various reasons. Personal injury claim time limits are covered, with an important explanation of why the date of knowledge is key for some workplace injury or industrial disease claims.

We tie this guide up with a discussion of the process of claiming against your employer. As well as an overview of what a No Win No Fee solicitor is. You will also find some useful links at the end of the page.

Contact Us For More Help

Call our claims team. They can answer all your questions and offer you some free legal advice on your eligibility to make a claim against your former employer. They will also let you know what the personal injury claims time limit for starting your claim will be. You will find our contact details down near the end of the guide.

Calculate Compensation For Workplace Accidents

Unfortunately, we can’t give you the average compensation amounts you might be able to claim. This is because when it comes to compensation payouts, they are calculated based on the unique nature of your pain and losses. What we have done, is give you this table below that shows potential compensation ranges based on different levels of injury. We used the guidelines produced by the Judicial College in England as a basis for this table. The JC lists values for injuries that have been in past cases.

Injury TypeLevel of SeverityMore InformationPossible Compensation
Injured AnkleModestFalling within this classification are ankle injuries with modest symptoms. However, there could be ongoing issues with the ankle being weakened, leading to further injuries in the future. Additionally, they may be at risk of further complications such as arthritis and osteoporosis later in life.Up to £12,900
Injured FootModestFalling within this classification are foot injuries with modest symptoms. However, injuries such as a fractured metatarsal could cause ongoing issues with the foot being deformed, leading to further injuries in the future and an affected gait. Additionally, they may be at risk of further complications such as arthritis and osteoporosis later in life.Up to £12,900
Fractured JawSimpleFalling within this classification are simple jaw fractures. £6,060 to £8,200
Injured NeckMinorFalling within this classification are neck injuries with minor symptoms. Injuries such as sprains and strains would heal.Up to £7,410
Injured BackMinorFalling within this classification are back injuries with minor symptoms. Although the mobility of the victim may be affected in the short term, injuries such as cuts, lacerations, sprains and strains would heal.Up to £11,730

Additionally, rather than using a personal injury claims calculator that will give you a basic estimate of the value of your claim why not call our advisors.

Types Of Workplace Damages

If you win your claim for an accident at work after you left the company, you will receive a compensation settlement made up of different types of damages. Each falling under one of the two main headings of general damages and special damages.

General Damages

These all relate to some form of physical or psychological suffering that you were put through. The worse you suffered, and the longer the suffering lasted, then in general the damages will be higher.

Permanent disability

If you will never fully recover from your injuries.

Pain and suffering

At the time the accident took place and while receiving emergency treatment.

Trauma

Caused by invasive treatments.

Psychological harm

Such as depression, anxiety or new phobias caused by the accident or your injuries.

Special Damages

These all make up for some type of financial loss. You will have to submit evidence of proof of spending for losses already incurred that you intend to try and claim back.

Lowered lifetime earnings

If you will have to change jobs or stop working altogether, and you will now earn less across your lifetime of work.

Loss of income

If you didn’t receive your full wages/salary for the time you had to take off work to recover.

Private medical fees

To claim back the cost of paying for private healthcare.

Ad-hoc and out of pocket expenses

Such as the cost of travel tickets, postage, photocopying, etc.

Care costs

If you needed to hire a nurse to provide care at home.

What Is An Accident In The Workplace?

Can I claim compensation for an accident at work? The simple answer to this question is yes, in certain circumstances. Every employer and this includes employers that you worked for previously, have to comply with a whole host of rules and regulations related to health and safety at work. This includes the Heath And Safety At Work etc Act 1974, and all of the guidelines published and policed by the Health & Safety Executive (HSE). If an employer does not create a work environment that is as safe as can practically be this can lead to accidents or incidents in the workplace. In such cases, you may be in a position to make a compensation claim for the pain, suffering and financial loss that the injury caused.

Common Workplace Accidents

Workplace accidents are quite common, despite the best intentions of employers and the comprehensive nature of health and safety laws. According to data published by the HSE covering the 2021 period, there were almost 700,000 workplace injuries according to the Labour Force Survey and a further 65,000 that were reported under RIDDOR. The most common accidents were:

  • Falling, tripping or slipping type accidents – 29%.
  • Manual handling and lifting accidents – 19%.
  • Being hit by a falling or moving object of some kind – 11%
  • Workplace violence – 9%.
  • Falling from a height, such as a ladder or scaffolding – 8%.

To have a valid workplace injury or illness claim you must be able to demonstrate that your employer was negligent and breached the duty of care they owe you. The breach of duty will have caused your health a negative impact. You can call and speak to our team to learn how to make such a claim.

Is My Employer Still Liable After I Left The Company?

Your employer could still be liable to pay compensation for your injuries or health problem even though you no longer work for them. And even if you were dismissed after an accident at work or sacked after having an accident. As long as you followed the correct accident at work procedure, such as making sure that the accident was entered in the company accident book, then a claim might be possible. Of course, the longer you leave it to make a claim, the harder it may be to prove that negligence took place and your previous employer is liable.

Could I Claim If The Company Has Gone Out Of Business?

Claiming for an accident at work after you left the company if the company is still trading should be pretty straightforward. But what happens if the company has closed down since you last worked for them?

Whether the company has been liquidated, entered administration or simply close down should not, in theory, affect your ability to make a claim. As it would be the insurance firm that provided the employer liability insurance policy for the company at the time of the accident that you will claim against. As long as the company had a valid insurance policy at the time that you had your accident, you should still be able to make a compensation claim. If they did not have insurance, the process of making a claim becomes more difficult. You can call and speak to our team if you fear that you were not covered by insurance at the time of your accident. They can help you further.

However, claiming against a defunct company could present other challenges. Such as gaining access to documents such as the company accident book to help prove the facts of your claim. If you call and talk to our team, they can offer you some free legal advice on how to approach an accident claim against a company that has gone out of business.

Time Limits To Claim For A Work-Related Injury

How long can you claim after an accident at work? There will be a specific time limit that you have to start your claim within, which will be based around the circumstances of the work accident claim. But before we can go over these time limits we need to explain what the term date of knowledge means.

What Is Date Of Knowledge?

Put simply, the term date of knowledge refers to the date that you first became aware of your medical condition. Generally, the date that a medical professional first diagnosed it. Or when you first become aware that your illness was caused by employer negligence.

As an example of how the date of knowledge would affect a claim for a prior workplace injury or illness, let’s imagine that you previously worked for a demolition firm. During your time with them, you were exposed to asbestos dust. Many years later, you are diagnosed with mesothelioma that was likely caused by asbestos exposure. The date of knowledge would be the date that the mesothelioma was officially diagnosed.

Potential Time Limits For Starting A Claim

Now we know what date of knowledge means, we can apply this to actual time limits. You must begin your claim within the applicable time limit, but it does not matter how long your claim takes to complete after this. The time limit will be driven by the circumstances of your claim. For example:

  • 3-years from the date of knowledge
  • If you are under the age of 18, 3-years from the date of your 18th birthday.
  • For people with a reduced capacity who can no longer manage their own claim, a litigation friend can start a claim on their behalf.

There are rare circumstances that could affect these time limits. You can call and speak to our claims team to check exactly which time limit will apply based on your own unique situation.

Why Claim Compensation From A Former Employer?

At the time you were employed, there were rules and regulations in place that should have protected you from harm. If your employer failed to comply with these, and this directly led to you suffering an accident, they could be liable for any harm that came to you.

Claiming against an employer for ill health or an injury can help to ensure that better safety protocols are adhered to in the future. Many employees are wary of claiming against an employer they are still employed by in case they are dismissed. If you no longer work for your employer you do not have this added stress.

Any personal injury claim can not erase any pain and suffering that you have gone through but it can help ease the burden. It can also put you back into the financial position you were in before the incident took place.

Our team can explain more about the process of making a personal injury claim against a previous employer. Just give them a call and explain your situation. They will go over your claim with you, evaluate whether it is potentially valid or not, then give you some free legal advice about how best to proceed.

No Win No Fee Claims For An Accident At Work After I Left The Company

Did you know that you could be able to make a compensation claim against a prior employer with a No Win No Fee solicitor? Another term for a No Win No Fee arrangement is a Conditional Fee Agreement (CFA). When you make a claim with a  No Win No Fee solicitor you don’t have to pay any fees to your solicitor until the claim has been won. At which time, the solicitor will receive compensation payment for you.

Your lawyer will not ask for you to pay anything upfront to start working on your claim. They will also not expect to be paid any fee during the time it takes to process your claim. This could take many months. And if the claim fails, they won’t ask you to pay their fee.

But if the claim is won, your solicitor may expect you to pay a success fee. The amount of this fee is limited. It can be taken directly out of the compensation settlement. You will then be given what is left over. Call and talk to our team for more information about making a claim with a solicitor without paying anything upfront.

Talk To Our Claims Team

Do you think that you have valid grounds to make a compensation claim for an accident at work after you left the company? Or perhaps you just want some free legal advice related to the process of making such a claim? No matter what help you need, you can contact our team of expert claim advisors using the information below. They will evaluate your claim for you, and let you know what options you have.

Telephone: 0161 696 9685

Contact form www.advice.co.uk/contact-us/

More Information On Claiming After You Have Left The Company

We have published these other guides on our site, each of which could well be worth reading through.

Can You Claim For An Accident At Work If You Were Not Injured?

How To Make A Personal Injury Claim Against Your Employer

Can You Make A Claim Against An Employer If You Were Not Classified As An Employee?

All of these links will take you to websites that have information that could be relevant to your claim.

How To Take Your Case To An Employment Tribunal

Information On Civil Law In Relation To Work Claims

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Published by AL.