No Win, No FeeEmployers have a legal obligation to try and keep staff as safe as possible while they’re working. This duty of care is set out by the Health and Safety at Work Act 1974 and other legislation. Failure to comply with this legislation could result in a compensation claim if you’re injured at work because of your employer’s negligence. But many people wonder, “Should I make a personal injury claim against my employer?”. If you’re not sure whether you have a valid claim against your employer or if there will be adverse consequences for doing so, please read on.
To talk to us right away please call 0800 652 1345. Alternatively, read on to find out when you might be able to sue your employer following a workplace accident.
How the Health and Safety at Work Act protects employees
Your employer has a duty to take reasonable steps to protect your health, safety and welfare while you’re working.
That means they should:
- Provide a safe place to work.
- Ensure safe systems of work are implemented.
- Maintain and repair all workplace equipment.
- Ensure all staff are trained to do their jobs safely.
- Conduct risk assessments regularly.
- Provide Personal Protective Equipment (PPE) where it is needed.
- Provide staff with a safe environment for rest breaks.
These are just some of the basic things that employers should do to try and keep you safe while you’re working. Failure to carry them out could mean you’re entitled to make a personal injury claim if you’re injured at work because of your employer’s negligence.
Can I lodge a personal injury claim against my employer?
To answer the question of whether you can lodge a personal injury claim against your employer, let’s consider some of the eligibility criteria for claiming:
- Your employer must’ve acted negligently (or failed to take action) to have breached their duty of care.
- The negligence must’ve led to an accident or incident in which you were involved.
- You must have been made ill or suffered an injury as a result of the above.
We believe that is only right to think about suing your employer if they’ve caused you to suffer in any way. If you’d like us to review your case for you and check your entitlement to claim, please call today.
Common types of workplace accidents
If you’re to receive compensation from your employer, you’ll need to prove their negligence caused your accident and injuries. Here are some examples of when this might be true:
- Falls from height. You could be compensated if you fell from height in the workplace because a lifting platform had been poorly maintained or because your employer didn’t provide a safety harness.
- Slips and trips. Your employer has a duty to try and keep the workplace as safe as possible. As such, you could claim if you tripped over an avoidable hazard or slipped on a leak or spillage that hadn’t been cleaned up.
- Being hit by an object. Falling objects in workplaces can cause serious injuries. If you’ve been struck because items weren’t stacked safely, racking was damaged or something was dropped from scaffolding, you may be entitled to claim for your injuries.
- Chemical exposure. You might be entitled to claim compensation if you’ve suffered lung conditions or health problems linked to chemical exposure or hazardous substances. This might be possible if you had to work in poorly ventilated areas or if your employer failed to provide breathing apparatus.
- Manual handling injuries. If you’ve sustained back injuries after lifting heavy or awkward loads at work, a personal injury claim might be possible. This could be the case if you’d not been trained in safe lifting techniques or if your employer didn’t consider tools or equipment to reduce the amount of lifting required.
Types of work injuries compensation could be claimed for
The criteria above mean that it’s possible to claim for any injury caused by an employer’s negligence. Some of the most common claims are for:
What about industrial illnesses?
While the injuries listed above can be caused by accidents in the workplace, other illnesses and injuries can occur over prolonged periods of time. Your employer is also duty-bound to think about these injuries and to try and prevent them by altering your working conditions. As such, you could also be compensated for:
- Tinnitus and noise-induced hearing loss.
- Tennis elbow.
- Vibration white finger or Hand Arm Vibration Syndrome (HAVS)
- Carpal tunnel syndrome.
- Bursitis.
- Mesothelioma and other illnesses linked to asbestos claims.
- Occupational asthma or Chronic Obstructive Pulmonary Disorder (COPD).
You could also lodge a personal injury claim against an old employer if symptoms linked to any of the above did not materialise until later in life. If this is true in your case, please call to review your options.
Providing proof for a personal injury claim against an employer
If you have decided to take action against your employer because you’ve suffered due to their negligence, you’ll need proof to support your claim. This could include:
- Accident report forms to confirm where and when your accident occurred.
- CCTV footage of the accident if your workplace has security cameras.
- Medical notes, X-rays and test results from the hospital that treated your injuries.
- Financial records to help you claim back any expenses, costs or losses linked to your injuries.
- Witness statements from colleagues, customers or passers-by who witnessed you get injured.
- Photographs of the accident scene to help your solicitor prove the cause of the accident and the suffering caused.
These forms of proof can all improve your chances of lodging a successful personal injury claim against your employer. If you speak to our team about your claim, please let them know about any proof you’ve already secured.
How much compensation can I claim against my employer?
If you do claim against your employer and compensation is awarded, the settlement could cover:
- Physical pain and suffering.
- Rehabilitation and medical expenses.
- Care costs.
- Travel expenses.
- Lost income (now and in the future).
- Loss of amenities (where normal activities are not possible while you’re injured).
- Psychiatric harm and emotional distress.
- The cost of modifying your home or vehicle to make it easier to cope with any permanent disability.
- Replacement property costs.
How long do I have to lodge a claim against my employer?
Legally, workplace accident claims have a 3-year time limit. This will usually start on the date of your accident if your injuries were obvious right away. For industrial diseases or other medical conditions, the 3-year time limit may start from when a doctor provided a diagnosis.
3 years is quite a long time but you shouldn’t wait too long before starting your claim. That’s because there is a fair bit of work involved in preparing your claim such as booking a medical assessment and collecting proof.
You could also benefit from interim payments if you begin your claim early enough. These can cover the cost of private medical treatment, lost earnings and care costs before the claim is finalised so long as your employer has accepted the blame for the accident.
No Win, No Fee claims
The prospect of taking on your employer’s lawyer might seem daunting. That’s one of the reasons we’d always suggest hiring a specialist solicitor to represent you. The cost of taking on legal representation might seem off-putting but you needn’t worry if you work with us. That’s because our panel of personal injury solicitors work on a No Win, No Fee basis for any claim that’s taken on.
During the claims process, you won’t need to speak directly to your employer about your case because your solicitor will handle everything for you. They’ll fight your corner and provide further proof if they can to try and counter any arguments made by your employer’s insurance company.
If you decide to work with a solicitor from our panel, they’ll send you a Conditional Fee Agreement (CFA) to read, review and sign. Once signed, your solicitor will be able to get to work.
The CFA will explain that:
- No Win, No Fee means you don’t pay legal fees upfront.
- There won’t be any legal fees for you to pay if the claim is lost.
- Your solicitor will deduct a success fee to cover their costs if your claim is won.
The success fee is legally capped at 25 per cent when a CFA is used to fund your claim. The exact percentage you’ll pay will be listed in your agreement so it will be clear from the start.
Will I lose my job if I lodge a personal injury claim against my employer?
Legally, you should not be fired for lodging a personal injury claim against your employer. Similarly, you shouldn’t be:
- Disciplined.
- Overlooked for promotion.
- Denied training opportunities.
- Picked on.
- Financially penalised (removal of bonuses, overtime etc).
Any form of action against you for lodging an honest personal injury claim against your employer could be construed as unfair or constructive dismissal. So, it’s our opinion there’s no need to fear the consequences of lodging a claim if you believe you have the right to be compensated for your injuries.
If you have been intimidated/harassed or suffered bullying in the workplace in the event of reporting an injury caused by your employer’s negligence this potentially opens up an additional case for compensation.
Will my claim affect my employer’s business?
Many people worry that a personal injury claim will have a negative impact on their employer’s business. However, government rules mean that all employers must have employer’s liability insurance in place to cover any workplace injuries. The policy must be from an authorised insurer and provide cover of at least £5 million.
As such, if your employer is ordered to pay you compensation for your injuries, your payout should not affect the company’s profits or ability to trade. If you’d like to know more, please feel free to call.
Will I need to go to court?
In our experience, very few claims against employers go to court. Generally, personal injury solicitors and insurance companies try to avoid court cases because they can take a long time and be costly. Usually, both parties will try to settle the case amicably out of court.
However, a small percentage of personal injury claims against employers do end up in court. This may happen if both parties can’t agree on the level of compensation or if the defendant refuses to settle the claim because they don’t believe they are liable for the defendant’s injuries.
Start a compensation claim against an employer today
If you’ve read this guide and decided you’d like to lodge a claim against your employer, call us on 0800 652 1345 today. We won’t pressure you into taking action but will provide free legal advice on your options.
If you seem to have a strong enough case, a personal injury lawyer from our panel might offer to help you claim. They won’t ask for any upfront payment as you’ll be represented on a No Win, No Fee basis.
Please use live chat to connect with us if you have suffered a personal injury at work and have any further questions about lodging a claim against your employer, or claim your free consultation here.
