By Daniel Kirk. Last Updated 15th February 2023. There are many types of accident at work that can happen, some worse than others and some that have a life-changing impact. If you’re involved in an accident at work then you may want to make an industrial injury claim – but where do you begin?
This guide will provide you with all of the information you need to make a claim for industrial injury compensation. Advice.co.uk are personal injury specialists who can help with any type of industrial injury.
If you’d like to begin a claim today, please call us on 0161 696 9685 and speak to one of our specialists.
If you would like to know more before deciding whether to make a claim or not, then carry on reading.
Select A Section
- A Guide To Industrial Injury Compensation Claims
- What Is An Industrial Injury?
- Compensation For Industrial Injury Claims
- Damages Your Industrial Injury Claim Can Compensate You For
- Common Reasons For Making An Industrial Injury Claim
- Hearing Loss And Industrial Deafness
- Injuries And Illness Caused By Substances Hazardous To Health
- Electric Shock And Electrocution Accidents
- Slips And Falls On The Same Level
- Slips And Falls From A Height
- Injuries Caused By Dangerous Machinery
- Industrial Disease Claims
- Repetitive Strain Injuries
- Who Is Liable For Your Industrial Injury?
- Who Pays Industrial Injury Compensation?
- Time Limit For Making an Industrial Injury Claim
- How To Start An Industrial Injury Claim
- No Win No Fee Industrial Injury Claims
- How We Can Help You
- Contact Us About Claiming Industrial Injury Compensation
- Advice For People Injured At Work
In this article, we’re going to cover all types of industrial injury compensation claims that can be made and provide information about whether your employer could be liable or not.
This guide will explain which accidents can be claimed for and which can’t. We’ll cover the different types of industrial injuries that occur, what causes them and how much compensation you could receive.
We want you to have all the information you need before claiming, but, if after reading this guide, you’re still not clear about whether you can claim or not, please call us. We offer free legal advice to all callers. This is so you have the correct information to help you make your claim decision.
Whether you’ve been injured while working in a factory, a shop or on a building site, Advice.co.uk may be able to help you begin a claim if your employer was negligent in some way. Please get in touch when you’re ready to claim.
What Is An Industrial Injury?
An industrial injury is any injury that occurs as the result of an accident at work which could’ve been prevented had your employer done something differently. Some injuries are caused by a one-off accident and some are caused by long term exposure to particular tasks.
Industrial illnesses can occur over a very long period of time, sometimes even decades, before the victim becomes aware of the effect on them. Even though there are time limits in place for making personal injury claims (which we’ll cover later in this guide), Advice.co.uk can help you make an industrial disease claim if you found out recently.
When someone sustains an industrial injury, claims are calculated on a case-by-case basis. This means that each payout will be different, due to the uniqueness of each claim. The figure that legal professionals calculate to compensate you for the pain and suffering caused is known as general damages. Factors that could affect your payout for a successful industrial accident claim could include how severe your physical and mental injuries are, and the extent of their overall impact on your life.
There are various resources that are used by solicitors when arriving at an appropriate fee. For instance, they will take into account the medical evidence you submit as part of your industrial injuries claim. They also refer to a publication that contains figures based on past successful court cases. The publication is called the Judicial College Guidelines (JCG). We’ve included some figures from the latest edition of the JCG below – it was last updated in 2022. We advise that these figures only be used as a guide. Your own claim will differ in value depending on your specific circumstances. Get in touch today to find out how much you could be owed.
|Body Part||Severity||Range of Compensation||Further notes|
|Hand||Moderate||£5,720 to £13,280||An example in this range could be a laceration which requires surgery (or multiple surgeries) to repair.|
|Hand||Loss (both)||£140,660 to £201,490||An injury which leads to the complete loss of function or amputation of both hands.|
|Arm||Moderate||Up to £12,590||Conditions such as tennis elbow or very simple fractures of the arm|
|Arm amputation||Below elbow||£96,160 to £109,650||Amputation of the lower part of the arm|
|Toe||Loss||£36,520 to £56,080||An accident which results in the complete loss of all toes on one foot.|
|Foot||Very Severe||£83,960 to £109,650||Some form of ongoing and permanent disability of the foot|
|Foot||Loss (both)||£169,400 to £201,490||An accident which results in the complete loss both feet|
|Ankle||Very Severe||£50,060 to £69,700||Very serious injuries, such as multiple fractures of the ankle which leads to permanent loss of function|
|Leg||Serious||£54,830 to £87,890||Long term injuries which result in permanent immobility of the leg|
|Leg amputation||Both||£240,790 to £282,010||The complete amputation of both legs|
As you can see, each type of injury has a range of compensation depending on the severity. This is one of the reasons you should use a personal injury specialist who will be able to help you get the correct level of compensation for your injuries.
As mentioned in the last section, a personal injury solicitor can use different heads of loss to build up a compensation claim. These include:
This is the compensation that’s awarded for the pain, suffering and loss of amenity that your injuries have caused you. It is calculated from legal guides which all courts, insurers and personal injury solicitors use to settle claims. Guide amounts for different injuries are pre-defined so the severity of an injury needs to be proven to settle a claim.
Financial losses that are caused by your accident can be claimed for as ‘Special Damages’. The idea of special damages is to ensure that, following settlement, you are no worse off (financially) than you would have been if the accident hadn’t happened. There are a number of special damages that can be used including:
If you have to pay out for prescription medicine (or even over the counter remedies), you could claim the cost back as part of your claim.
Some injuries mean that you can’t cope at home without some professional care. If you need this type of care, you could be entitled to claim the cost back.
With some serious injuries, you may have to make multiple trips to the hospital or doctor for treatment. The cost of this travel can soon build up, especially when you add car parking costs too. If agreed as part of your claim, these costs can be included.
Loss of Income
A big worry for some, especially the main breadwinner in a family, is losing pay because of their injury. In some cases, you may need time off from work to attend medical appointments. If you lose income because of this, it may be possible to claim the loss back. In more serious cases, where you have to give up work for a long period, or permanently, you could seek compensation for future lost income.
With special damages, it’s important to back up your claims with evidence. This can include receipts, bank statements and payslips. Your personal injury solicitor will find making a claim much easier with this type of supporting evidence.
Common Reasons For Making An Industrial Injury Claim
There are some reasons for making an industrial injury claim which are more common than others. Over the next few sections of this guide, we’ll explain about these injuries in a bit more detail.
Hearing Loss And Industrial Deafness
There are certain workplaces where noise is unavoidable such as warehouses, factories and building sites. Although the noise can’t be avoided there are steps that an employer could take to reduce the impact of the noise. This can include ear defenders, soundproofing or allowing staff to take regular breaks.
In cases where steps aren’t taken, industrial deafness can occur which can include partial or full deafness from exposure to the noise over a prolonged period.
Injuries And Illness Caused By Substances Hazardous To Health
Many substances in the workplace are necessary but dangerous if accidental exposure to them occurs. These are controlled by the Control of Substances Hazardous to Health Regulations 2002 (or COSHH). This was amended from the 1992 version.
If you are exposed to any of these chemicals, you can suffer injuries or become ill and may be able to claim compensation.
Electric Shock And Electrocution Accidents
There are certain jobs which are at more risk of electric shock than others (such as electricians or builders) but electric shock could happen in any workplace.
In cases where wiring or electrical installations are poorly maintained, where a building is leaking water on to an electrical item or where machines are faulty, electric shock can happen.
Direct injuries that can occur following electric shock or electrocution include:
- Burns (external and internally)
Indirect injuries can be caused by the victim’s reaction to the shock including:
- Head injuries
- Broken bones
Immediate medical attention should be sought following an electric shock as any internal injuries may not be obvious.
In any case of electric shock in the workplace, the victim may be able to claim compensation for their injuries. Please call one of our specially trained advisors for a free assessment of your industrial injury claim.
Slips And Falls On The Same Level
An employer has a responsibility under the Health and Safety at Work Act to ensure that the workplace is a safe environment. This includes taking steps to ensure that the area in which employees work is safe. Steps that an employer could take include:
- Ensuring the flooring is in a good state of repair and fixing any damage quickly.
- Providing Personal Protective Equipment, such as anti-slip mats or work boots where slippery areas are unavoidable.
- Providing hand rails in areas where water is likely to flow on to work areas and is unavoidable.
- Ensuring ice is removed from common walkways in wintery conditions.
Slips And Falls From A Height
There are many lines of work where working at height is necessary and unavoidable. In these instances, staff should be fully trained in working at height, safety equipment provided, and machinery should be well maintained.
The types of equipment where accidents might happen include:
- Cranes, cherry pickers and scissor lifts.
Injuries Caused By Dangerous Machinery
Any machinery in the workplace can be dangerous if not operated correctly due to lack of training. It can also become dangerous if it’s faulty or not maintained according to the manufacturer’s instructions.
In accidents that were caused by any of the above reasons, you might be able to make a compensation claim for the injuries you sustained. Contact us to discuss how your accident happened, the injuries you received and the impact they’ve had on you.
We have previously discussed how you can be compensated for industrial injuries, for example in noise induced hearing loss claims. However, in this section, we explore industrial disease claims.
Employers have a legal duty of care that they must oblige to protect their workers. As outlined in COSHH, employers have responsibilities to:
- Not ask employees to carry out work which may cause them harm unless proper risk assessments have been undertaken
- Prevent exposure to hazardous substances or, in cases where this is not possible, adequately control it
Additionally, as per the Personal Protective Equipment at Work (Amendment) Regulations 2022, employers’ duties are extended to ensure that both employees and workers that are exposed to a risk of disease are provided with adequate PPE. These Regulations were amended from the 1992 legislation.
If employers neglect their duty of care and you contract an industrial disease as a result of their negligence, you may have grounds for a valid claim.
Below we have listed various industrial diseases that you might claim for:
- Occupational dermatitis – a skin disease that results in itching, cracking and swelling of the skin
- Mesothelioma – a type of cancer that develops from asbestos exposure
- Emphysema – a lung condition brought on by exposure to smoke
- Industrial asthma – caused by exposure to fumes and chemical substances at work
- Lyme disease – a bacterial infection passed on by infected ticks
Please don’t worry if you haven’t seen your disease or illness listed above. We could still help you. Speak to our advisors at any time for free legal advice using our online chat.
If a job includes repetitive actions over a prolonged period, the worker may suffer from RSI or Repetitive Strain Injury. Some conditions that can be claimed for include carpal tunnel syndrome, vibration white finger and tennis or golf elbow.
While at work, you have a responsibility to follow all of the training you’ve been provided with. You should always also be aware of the health and safety procedures and follow them to protect yourself and your colleagues. If you fail to do so, then you would be liable for the accident and probably wouldn’t be able to claim (unless you are only partially responsible).
In most other cases, your employer could be liable for your industrial injury if they’ve failed to follow any type of legislation that is there to protect employees such as the Health and Safety at Work Act (1974) or the Control of Substances Hazardous to Health Regulations (1992).
Who Pays Your Industrial Injury Compensation?
When you begin an industrial injury compensation claim against your employer, you may be worried about the financial impact it may have on them.
You shouldn’t worry as firstly; compensation is there for a reason – to help you recover from your injuries. Secondly, the company will have insurance policies in place to cover any industrial illness claims against them.
When you make a claim, your employer probably won’t be involved too much with your personal injury solicitor. Most of the communication will be between your solicitor and your employer’s insurer.
You shouldn’t be put off from claiming because you’re worried about disciplinary action either. Your employer is not allowed, legally, to treat you any differently because you’re making a claim for your injuries.
Time Limit For Making an Industrial Injury Claim
As with all personal injury claims in the UK, industrial injury claims have strict time limits associated with them.
The current time limits are:
|Circumstances of Claim||Time Limit|
|Industrial Injury at Work Claim||3 years|
|Industrial disease claim||3 years from date of diagnosis|
How To Start An Industrial Injury Claim
When you are involved in an accident at work, there are a number of things you can do to help make any future claim easier. These include:
- Speak to a doctor and receive treatment for your injuries. You can ask for a copy of your medical records to use as supporting evidence.
- If possible, photograph the scene of the accident before anything is removed or any fault fixed.
- Ask any colleagues who witnessed the accident to write a statement of what they saw.
- Report the accident to your employer so that it can be logged in their accident report book. Ask for a copy of the report as further evidence.
- Photograph any visible injuries.
- Document any financial losses you’ve incurred and gather receipts to back up this claim.
No Win No Fee Industrial Injury Claims
You may think that beginning an industrial injury claim against your employer could be costly, but that isn’t necessarily the case.
Use a no win no fee solicitor. When you work in this way, you’ll sign a Conditional Fee Agreement (CFA – or no win no fee). In this agreement there will be a success fee specified which is a percentage of any compensation that is awarded (limited to 25% maximum). If you are awarded compensation, your solicitor will retain their success fee and then send you the rest of the compensation. If they lose the case, you do not have to pay them at all.
At Advice.co.uk, we only work with no win no fee solicitors.
How We Can Help You
When you contact us, we’ll always follow this process:
|You make contact with us in any of the methods listed||We assess your claim with you for free||When you're happy, we'll begin your claim|
Contact Us About Claiming Industrial Injury Compensation
Now that you’ve read this guide about making an industrial injury claim, we hope you’re ready to begin your claim with Advice.co.uk.
We are personal injury specialists and can help with claims for industrial injuries that have happened anywhere within the UK. We only work with no win no fee solicitors to make your claim less stressful.
If you’d like to make a claim, you can contact us in any of the following ways:
- Call us on 0161 696 9685 and speak directly with one of our specialist personal injury advisors.
- Send an email to [email protected] and one of our team will call you back at a suitable time.
- Use our online form to submit basic details to begin your claim process.
When you contact us, we offer a free initial consultation where you can ask our team any questions you may have. We will assess your claim with you and advise you if you have a good chance of successfully claiming compensation or not. If you do, we’ll provide you with a no win no fee solicitor to begin your claim.
Advice For People Injured At Work
That is the end of this guide. For further information, we have collated a few more useful guides that may be helpful to you.
Accident at Work – your rights – a guide that explains what your rights are if you suffer an accident at work.
Slips, trips and fall compensation – more information about the injuries involved in falls and the compensation amounts available for certain injuries.
Employment Law – another of our guides. This one is about employment law legislation in the UK.
The Health and Safety at Work Act 1974 – A major piece of legislation in place to protect UK workers.
Control of Substances Hazardous to Health – a guide from the HSE about controlled chemicals in the workplace.
Thank you for taking the time to read this guide on claiming industrial injury compensation. If you require any further information, please contact us for free legal advice.
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