Accident At Work Claim Guide – What To Do and How To Claim Compensation? – Help Information

Each year there are tens of thousands of accidents in the workplace. Whilst not all of these accidents will result in someone being hurt, a good deal will. Many of these injuries could have been avoided if either staff members had followed correct procedures, or if employers had the right procedures in place and issued the correct PPE equipment. If you were injured in a workplace accident our panel of personal injury solicitors could help you to pursue a no win no fee accident at work claim.

Accident at work

Accident at work

Suffering an injury at work could turn your life upside down. If the injury was someone else’s fault, you should not have to accept the consequences. By contacting a work injury lawyer, you could make a claim for injury compensation. A claim may not just help you financially.

In this guide we shall look at what constitutes an ‘accident at work’, how they could happen, which injuries may result from them and how much compensation could be awarded for different cases. Finally, we shall also look at how a no win no fee work injury solicitor could help you.

Please read our guide below for further information. If you feel ready to being a personal injury claim, contact us on 0800 073 8802.


A Guide To Accident At Work Claims

If you have been injured in your workplace because of a breach in health and safety procedures (for example, if your employer or fellow employees were not following correct procedures) you could make an accident at work claim for your injury. Even if you were partially or fully to blame for an accident, you may still be able to claim compensation. For instance, if an injury was made worse because of faulty equipment you may be able to claim compensation. You may also be able to claim compensation if an accident at work causes a previous injury or illness to become worse.

Remember, your employer owes you a duty of care. They must ensure that you are kept safe when carrying out your job. They should provide you with the correct training, materials to carry out your work and personal protective equipment (PPE). They should carry out risk assessments and act on findings from them. They should also take reasonable steps to mitigate health and safety risks.

If you have been injured because such steps were not followed, there may be grounds to claim compensation.

What Is An Accident At Work?

Accidents at work may be defined as accidents which occur during the course of your work when employed directly, self employed, working on a contractual basis or in another way which leads to you suffering some form of harm. This may include circumstances in which someone willfully caused harm to another person and accidents which happened whilst carrying out your job but not at your companies premises – such as accidents which happen whilst driving a (defective) work vehicle.

Whilst not specifically an accident at work you could also be able to claim compensation for workplace bullying, work related stress and harassment at work.

Due to the varied nature of workplaces and roles there are far too many different ways in which you could be injured whilst at work. However, there are some workplaces in which people may be more likely to be injured.

Our panel of personal injury solicitors could handle accident at work claims for those working in factories, warehouses, construction sites, farms and even offices. Remember if you have been harmed in an industrial accident, you may be able to claim compensation.

What Could You Claim For An Accident At Work?

What you could claim compensation for after an injury at work and how much that compensation may amount to will differ from person to person. Total compensation awarded may depend on factors such as the injury or illness caused, how severe this was, and what other costs may be attributed to the accident. It is important that you are compensated properly when making a personal injury claim.

Other forms of compensation you may be able to claim could include income and earnings which you have lost, potential changes to your future ability to work and your income, mental trauma suffered, medical treatment and social care required as well as the cost of making changes to your car or your home.

The no win no fee solicitor who handles you claim may be able to provide you with an estimate of how much compensation you could claim once they have assessed your injury and the impact it has had on you.

You could get an idea of how much compensation your injury may be awarded by viewing our personal injury claims calculator below.

Accident At Work Injury Claims Calculator

With years of experience in handling personal injury claims, our panel of solicitors will be able to estimate how much you could claim. You can use our personal injury claims calculator to see how much compensation may be awarded for different types of injury.

Type Of InjuryNote On The InjurySettlement Band
Mental anguishThe claimant has a (legitimate) fear of the end of their life or of their life being shortened.£4,100
Moderate neck injuryThis level of injury may include whiplash and similar types of injury. There may also be injuries to the spinal discs.£12,050 to £21,910
Severe back injurySevere back injuries may present as those affecting the spinal column or spine. They could result in differing levels of paralysis or serious disabilities.£79,890 to £141,150
Severe shoulder injurySevere shoulder injuries may also extend to causing pain and / or injury in surrounding areas - such as the neck.£16,830 to £42,110
Severe hip or pelvic injurySevere injuries to the pelvis or hips could affect someone in different ways. They could cause a degeneration in the stability of the joint and legs. Hip replacement surgery may be necessary in some cases.£34,340 to £46,040
Loss of the use of a wrist jointThis category includes levels of injury where the wrist joint is left unable to be used. Surgical procedures may be necessary in some cases.£41,760 to £52,490
Severe finger fracturesSevere finger fractures could lead to loss of proper control or use of the grip, physical deformity in the hand/ grip and reduced sensation.Up to £32,210
Foot injuries - modest to severeAt the highest end of this category, the loss or effective loss of a foot could have been caused.From up to £12,050 to up to £176,660
Clavicle fracturesIncluding fractures and breaks of the clavicle bone.£4,520 - £10,730
Less severe brain damageLess severe forms of brain damage which can be recovered from within a certain amount of time. People should be able to return to normal activities.£13,430 to £37,760

This calculator only shows guideline amounts. The value of your particular claim may be higher or lower than these amounts depending on the severity of your injuries. These figures only include compensation for the injury itself, such a back injury, not for other forms of compensation you may be eligible to claim.

How Much Sick Pay Could I Be Entitled To?

If you need to take time off work to recover from your injury, you may find that your income is reduced. There is no legal obligation for an employer to pay you your full salary if you have to take time off in order to recover from your accident. Whilst your contact may have provisions for additional pay over this period, legally an employer only needs to pay Statutory Sick Pay or SSP.

Statutory Sick Pay may be paid out for 28 weeks at £94.25 per week. Statutory Sick Pay is not paid for the first three days taken off work and is paid as normal by your employer. Loss of earnings may often be included in personal injury claims to help make up shortfalls between your usual income and SSP.

Potential Causes Of Accidents At Work

The potential causes of accidents in the workplace in which you could be injured may vary from occupation to occupation. Some workplaces may have inherently higher chances of people being injured, such as working in mining, construction, forestry or farming. This does not mean that accidents do not happen in other types of workplaces, such as offices or healthcare facilities. Across different industries and occupations we can see that there are some forms of accidents which occur more often than others. Non-fatal accidents at work may include:

  • Slips, trips and falls which happen on either the same level or from a height.
  • Carrying, lifting and manual handling accidents.
  • Being struck by a moving object (not limited to moving vehicles).
  • Being struck by falling objects.
  • Crashes, collisions and crush accidents.
  • Violence in the workplace.

Other potentially harmful hazards could include exposure to loud noises or toxic fumes as well as circumstances causing industrial illnesses and industrial diseases. You can learn more about different types of accidents in the workplace at the Health and Safety Executive.

How Do I Report A Workplace Accident?

All accidents at work should be reported to your employer. At the same time, some should also be reported to the Health and Safety Executive under the RIDDOR – Reporting of Injuries, Diseases And Dangerous Occurrences Regulations.

At first, your accident at work should be reported to your employer. All employers should have an accident report log or book. This may be a physical book or it may be a log on a computer. You should request a copy of this log from your employer to pass on to your no win no fee solicitor as evidence in your claim.

In some instances, accidents in the workplace should also be reported to the Health and Safety Executive. These reports should be made by the employer in cases which involve both non-fatal and fatal injuries, those of industrial diseases, dangerous occurrences, injuries or illnesses which have caused an employee to take seven or more days off work or harmful incidents at work which involve gas.

Injuries Which Could Be Caused By Accidents At Work

Injuries in the workplace may be quite common. There may be a range of different injuries which could happen due to accidents in different types of workplaces. No matter what sector of the economy you work in and the nature of your occupation, you could be injured.

Different occupations may more or less prone to different hazards. For example, someone working on a farm or in a warehouse may be more at risk of injuries than someone who works in an office environment.

Workplaces can be very hazardous. According to statistics released by the Health and Safety Executive, in 2015/ 16 there were a total of 144 people killed in the workplace. A further 621,000 non-fatal employee injuries were reported over the same period. This equated to around four and a half million workdays being lost. You can find more information on these statistics here.

Potential injuries which may be caused by workplace accidents may include:

  • Muscle strains.
  • Cuts and lacerations.
  • Broken bones.
  • Head injuries.
  • Crush injuries.
  • Repetitive strain injuries.
  • Industrial illnesses such as vibration injuries or lung disease.

Workplace injuries may also include mental trauma, such as those caused by workplace bullying or instances of work related stress. If you have sustained any of these injuries, you could make a no win no fee work injury claim.

Back And Head Injuries At Work

Back and head injuries at work may be some of the most serious injuries which people may sustain and for which claims may be made.

Head Injury At Work

A head injury could include trauma to the head, traumatic brain injuries and those injuries otherwise affecting the head or the brain. They may leave you with long-term consequences such as affects to your mental health or brain damage causing disabilities and affecting motor functions or your coordination. More serious injuries may result from concussions and head injuries resulting in loss of consciousness.

Back Injury At Work

A back injury may be painful and debilitating. They may take a long time to recover from and during this time you may not be able to work normally or otherwise participate in activities you usually would participate in. Even if a back injury is not permanent, it may take a long time to recover from. Back injuries may take the form of muscle strains and sprains, or trauma to the lumbar spine. Some of the most serious injuries to the back may involve damage to the spinal discs, broken bones or damage to the spinal column.

No win no fee solicitors from our expert panel may be able to help you if you have sustained a head or back injury at work.

How Are Your Injuries Assessed?

In order to determine whether you sustained a serious injury, how you have been affected and the extent of the injury, your personal injury lawyer may ask you to visit a doctor for an assessment. No Win No Fee Expert works with a panel of doctors who carry out these assessments.

Whether you suffered a serious injury or a lesser one, no two claimants injuries may be the same. Both the work injury lawyer handling your claim and the doctor conducting your medical assessment will treat you and your case as an individual.

During your medical checkup, please make sure that you do the following.

  • Provide the doctor with as much information as possible about the nature of your injury.
  • Tell the doctor how you have been affected by the injury, such as how it has affected your life.
  • If the injury (or illness) is affecting your ability to work, your home life or your ability to participate in daily activities.
  • Make sure that you tell the doctor anything which may be relevant to your medical assessment
  • Finally, also make sure that the doctor has fully understood what has happened to you and how you have been affected.

What Should I Do If I Had An Accident At Work?

There are a few key steps which you could take in order to give you and your solicitor the best possible chance of making a successful accident at work claim. You should always try to provide your work accident lawyer with as much information as you can to make a successful claim.

You could take steps such as taking a photo of the scene of the accident (if you are able to at the time) and of your injury. Did anybody witness the accident take place? If so, ask for their contact details. They could serve as a witness later.

You should also make sure that you report the accident as soon as possible to your employer. Of course we understand that getting treatment for your injuries should be your priority. When you do report the accident, make sure it is recorded in the accident report log. If your accident falls under the remit of reporting to the RIDDOR, check with the HSE that a report has been made.

Finally we come to finding a work injury lawyer or solicitor to handle your claim. You do not need to limit yourself to finding someone from your local area, but you should not wait too long to select someone to handle your case. Whilst you usually have a three-year personal injury claims time limit to bring your case, it is better to get started earlier.

How Does The Work Accident Claims Process Work?

Each and every case and personal injury claim is different. As such, the exact process of making a claim may differ slightly from case to case. Factors which could affect how a claim will progress may include where and how the accident took place. Did it happen at your usual place or work or off company property? It may also be affected by whether you are claiming for serious injuries or for an injury which may affect you for a long time. The way in which the claim progresses may also be affected by the degree of negligence on the part of the employer and if there is any contributory negligence – where the claimant may also be partially responsible.

The process will often go as follows:

  1. You find a work accident lawyer or solicitor (as needed) to handle your case.
  2. Your injury will be checked over by a doctor.
  3. Your employer and their insurance provider will be notified of the claim.
  4. Both sets of solicitors will assess the claim and evidence.

From here, the defendant may or may not accept liability for the accident. How the case will progress from here depends upon whether liability is either accepted or contested by the defendant. In a small number of instances, the claim may need to go to court.

Accident At Work Claim Time Limits

In the majority of cases, there is a three year time limit in which to make an accident at work claim. However, there may be instances in which this time limit could be extended. Some injuries, such as vibration white finger, may take many years to develop and for the symptoms to become apparent to the victim. In such cases, they may be making a claim for an initial injury which happened longer ago than three years, as it has only now become apparent. Similarly, if the claimant does not have the mental capacity to make a claim (such as suffering from a mental health condition) they will have three years from when they are judged able to make the claim, rather from the date of the incident.

To find out how the three year time limit may affect your claim, speak with our panel of no win no fee solicitors today.

Could I Make A No Win No Fee Accident At Work Claim?

If it can be shown that you were injured in the course of carrying out your work and that your employer is fully or partially responsible, you could be able to claim compensation. One of the most common ways for people to work with a solicitor is through a Conditional Fee Agreement (CFA); commonly also known as a no win no fee claim.

Through such agreements a solicitor (or lawyer of the claim does go to court) may work for a claimant without asking for an initial payment. During the claims process the solicitor covers expenses, such as for you to see a doctor, in the understanding that if your claim is successful they will be paid a percentage of the final compensation settlement. This is usually 25% and is capped at this level.

You can find out more about how no win no fee agreements work by clicking here and reading our in-depth guide.

Get In Touch

Accident At Work Guide

Man injured at work

If you have been injured in an accident at work and think that you are owed compensation from your employer you can get in touch with our team for free. We could help you to find out if you are able to claim compensation and if so, could connect you to a no win no fee solicitor experienced in handling similar claims. Call us today on 0800 073 8802.


Other related guides on our site which may be useful to you include

Car Accident Compensation Claims
In this guide we look at how you could claim compensation if injured in a car accident.

Cycling Injury Claims
Here we look at ways you could be injured whilst cycling and how to claim compensation.

Asbestos Related Compensation Claims
Find out how to claim compensation for asbestos related illnesses in this guide.

Helpful external references and resources may include

Reported Road Casualties In 2018– Statistics regarding reported road casualties

Claiming Compensation After An Accident – A government guide.

Written by R.L.

Edited by H.E.