No Win, No FeeIf you are injured in an accident at work, you could be entitled to claim compensation for your pain and suffering. If the accident wasn’t your fault and it happened because your employer failed to keep the workplace safe, we could help you make an accident at work claim.
Having a personal injury solicitor on your side could make winning your claim easier and might also lead to a higher compensation payout. Our team of specialists have been helping clients claim compensation for workplace injuries for years, and if your claim is accepted, a solicitor will represent you on a No Win, No Fee basis. As a result, your stress levels will be reduced throughout the claims process.
Would you like to discuss your options with us right away? If so, call us for a free consultation on 0800 652 1345. Alternatively, please continue reading to find out more about workplace accident claims.
Am I Entitled to Compensation for an Accident at Work?
When in the workplace, or indeed working off-site, an employer has a legal duty of care to ensure that their employees are protected. There will be incidents where the employer has done all they could to make the workplace as safe as possible but an accident still occurred. As such, your entitlement to compensation will depend upon the type of accident and the specific details. To assess this, a personal injury solicitor will consider whether:
- Your employer breached their duty of care towards your well-being; and
- That an accident at work happened as a result of your employer’s negligence; and
- You were injured during that accident or incident.
If you have any doubt about the validity of your work accident claim you can speak to our personal injury advisors for an initial no-obligation consultation via our chat service.
Common Examples of Accident at Work Claims
A workplace accident claim generally arises when an employee is injured due to employer negligence, unsafe conditions, or faulty equipment. Common examples include:
- Slips, Trips, and Falls: These are often caused by wet floors, uneven surfaces, or cluttered walkways. If your employer didn’t take steps to keep walkways clear and safe, you may be eligible for compensation.
- Falling Objects: Injuries from items falling due to improper storage or inadequate safety protocols can result in serious harm. Employers are responsible for securing items and maintaining safe storage practices.
- Faulty Equipment: Accidents caused by defective tools, machinery, or personal protective equipment (PPE) may lead to liability if the employer failed to inspect or maintain these items properly.
- Hazardous Environments: Exposure to harmful substances, poorly ventilated workspaces, or dangerous levels of noise without proper protection can all lead to claims. Employers have a duty to identify and mitigate these risks.
- Manual Handling Injuries: Improper training or lack of suitable lifting equipment can lead to back injuries, soft tissue damage and other musculoskeletal injuries. If safe manual handling practices weren’t enforced, you might have grounds for a claim.
In general, any workplace injury caused by another party’s negligence or failure to follow health and safety guidelines may entitle you to compensation.
What Types of Work Injuries Can I Claim For?
Some of the most common injuries from workplace accidents that can result in compensation include:
- Sprains and strains.
- Cuts and lacerations.
- Broken bones.
- Head and brain injuries.
- Back injuries.
- Burns (chemical, electrical, thermal).
- Hearing loss (due to noise exposure).
- Eye injuries.
- Repetitive strain injuries (RSI).
- Crushing injuries.
- Amputations.
- Respiratory issues (from inhaling hazardous substances).
- Soft tissue injuries.
- Musculoskeletal disorders (from lifting or repetitive motions).
Certain workplace accidents are legally required to be reported to the Health and Safety Executive (HSE) under RIDDOR regulations. A copy of the investigation report from such incidents can be valuable evidence for your accident at work claim.
Even if your accident wasn’t formally reported, we can still assist you in pursuing compensation for the suffering you experienced.
What Evidence Do I Need for an Accident at Work Claim?
When you start a compensation claim for an accident at work, your employer will send it to their insurers. Typically, they’ll only pay compensation where it’s clear that the accident and your injuries resulted from their client’s negligence. To help establish what happened, who was to blame and how serious your injuries were, you’ll need to provide supporting evidence. This could include:
- Medical Reports. Copies of your notes can be obtained from your GP or a hospital to help prove what injuries you sustained.
- Security Camera Footage. You are entitled to ask for CCTV footage if your accident at work was captured by it. Ask for this quickly as it’s not usually retained for too long.
- Accident Reports. These are a good way of proving when your accident occurred and where it happened.
- Witness Statements. Information from anyone else who saw what happened could clarify what caused the accident to occur.
- Photographs or Videos. If you’re able to, it’s a good idea to take pictures or videos on your phone of the accident scene before anything is moved.
Any evidence you’re able to secure could improve the chances of you being compensated fairly. If you’d like us to check what you’ve collected so far, please speak to one of our specialist advisors.
Reporting an Accident in the Workplace
If you experience any kind of accident in the workplace it should be reported to your employer as soon as possible. Each employer should have, to use an old term, an “accident book” which is a detailed account of all incidents and accidents in the workplace and who was involved. Also, under certain circumstances, your employer is legally required to report accidents to the Health and Safety Executive.
Even if you are not sure that the accident will result in a personal injury claim it is still worth reporting the incident for a reference point further down the line.
What Is the Time Limit to Make a Work Injury Compensation Claim?
Work injury claims have a 3-year time limit. This limitation period can start from:
- The date you were injured. This would be true if you suffered an injury in an accident at work.
- The date of knowledge. This would apply if an illness wasn’t diagnosed until later on. For instance, if you’ve been diagnosed with cancer caused by asbestos, your time limit would begin from when the condition was diagnosed.
There are exceptions for individuals under 18 or those lacking mental capacity:
- Under-18s. If the injured person is under 18, the 3-year time limit begins from their 18th birthday. A parent or guardian can also act as a “litigation friend” to file a claim on their behalf before they turn 18.
- Mental capacity. If the injured person lacks the mental capacity to claim, the time limit is paused. A litigation friend can pursue the claim on their behalf at any time. Should mental capacity be regained, the 3-year period would then start from that date.
Your solicitor will need to collect evidence and complete several tasks before they file your work injury claim. This can be quite time-consuming. As such, we’d advise not leaving your claim to the last minute if you can avoid doing so.
How Much Compensation for an Accident at Work Can I Claim?
Compensation is designed to help you recover and deal with the injuries you sustained in the accident at work. As such compensation could be claimed for:
- Pain and suffering.
- Care, travel or medical expenses.
- Modifications to your home or vehicle if they’ll help you cope with your injuries.
- Private medical treatment if it’ll improve your recovery time.
- Future loss of earnings if your injuries reduce your earning capacity.
If you decide to make an accident at work claim with us, and your claim is accepted, your solicitor will work out what you’ll include once they’ve reviewed your case in detail.
Can I Claim Compensation for Psychological Distress After a Workplace Accident?
Workplace accidents can cause not only physical injuries but also psychological distress, such as anxiety, depression, and Post-Traumatic Stress Disorder (PTSD). Any compensation for a workplace injury should consider the mental and emotional impact of the incident, ensuring you are fairly compensated for psychological suffering as well.
Can I Claim for Loss of Earnings Due to My Workplace Accident?
Yes, if a workplace accident has prevented you from working, you may be entitled to claim for lost earnings. To do so, you’ll need to show that your inability to work directly resulted from your injuries and led to a loss of income.
Evidence like wage slips, tax records, and bank statements can be valuable in proving the income you lost due to the accident.
Will I Need a Solicitor to Claim Work Injury Compensation?
No, you do not necessarily need a solicitor to claim work injury compensation. However, a solicitor specialising in workplace accidents can be highly beneficial. For instance, a solicitor from our panel can handle the entire process for you.
Furthermore, our solicitors don’t ask for their fees to be paid upfront because they work on a No Win, No Fee basis. That means they’ll take on the financial risks involved with claiming and that, in turn, will make the process less stressful for you.
Before your case is accepted, your solicitor will review your case with you. If they agree to represent you, they’ll provide a contract called a Conditional Fee Agreement (CFA).
The CFA will explain that:
- Your solicitor will begin working without being paid in advance.
- You won’t pay for their work if your claim fails.
- A success fee will be deducted from any compensation you receive.
The success fee is legally capped to 25% of your compensation when using a CFA so that you can’t be overcharged.
To see if we could help you to claim on a No Win, No Fee basis, why not call our team today?
How Long Will an Accident at Work Claim Typically Take?
No two workplace accident claims are the same. However, if your case is quite straightforward and your employer admits liability early on, the process could be finalised within a year.
Claims involving ongoing or more serious injuries that need to be investigated could take considerably longer.
A personal injury solicitor on our panel can offer a more accurate estimate based on your specific circumstances.
Accident at Work Compensation Claims Frequently Asked Questions
Can I Claim Compensation if I am Self-Employed or a Contractor?
If you are hired by a company as a contractor or self-employed worker, you still have rights if you’re involved in an accident at work. That’s because the company will have a duty of care to try and ensure that you’re kept as safe as possible while you’re working for them. That means, if the company is negligent in some way and you’re injured in an accident as a result of that negligence, you could claim compensation for your suffering in the same way that a full-time member of staff could.
Will I Be Sacked If I Claim Against My Employer for a Workplace Injury?
Many potential claimants are put off from making an accident at work compensation claim because they’re worried about what their employer will think or do. However, if the accident and consequently your workplace injury was caused by your employer’s negligence, you’re well within your rights to seek damages.
Legally, you cannot be dismissed, demoted, singled out or prevented from working because of your claim. So long as your claim is honest, you should not be treated any differently.
If you do face problems because of your claim, there may be grounds to seek further compensation for unfair or constructive dismissal. If you have any concerns about taking action after an accident at work, please call our team.
Will I Need to Go to Court to Get Compensation?
The vast majority of workplace accident claims in the UK do not end up in court. That’s because employers and personal injury solicitors try to avoid the time and costs involved in court hearings by trying to settle the claim amicably.
Generally, accident at work claims only end up in court if an agreement can’t be reached about liability for the accident or the value of the settlement.
Start an Accident at Work Compensation Claim Today
Proving why you should be compensated for a workplace injury can be complicated. The process might need a lot of complex or medical evidence. If you don’t get it right, you might miss out on being compensated for an accident at work or you may be paid too little.
We believe you’ll have a better chance of winning your case if you let one of our specialist solicitors represent you. If your case is accepted, they will try to handle all aspects of the claim for you.
If your employer’s insurers raise concerns about liability for your injuries, your solicitor will provide additional evidence if needed. Similarly, if a settlement offer appears to be too low, your solicitor will negotiate on your behalf to try and achieve a fairer settlement.
Throughout the work injury claims process, your solicitor will be available to answer any questions you think of. They’ll also keep you up to date by sending regular progress reports.
If you’d like to claim for a workplace injury, call today on 0800 652 1345. We offer a no-obligation review of your case and free legal advice even if you don’t take any further action. Furthermore, all accepted accident at work claims are handled on a No Win, No Fee basis.
