Accident at Work Claims

A safe working environment

It’s the duty of your employer to ensure that your working environment is as safe as it can possibly be. Although people regard Health and Safety legislation as intrusive and sometimes overbearing, it is there to ensure that your employer maintains his or her duty of care towards your well being and safety while you’re at work.

When to make a claim for a workplace accident

If you’ve been injured at work due to an accident that wasn’t your fault, and you can demonstrate that it was due to another party’s negligence, you’re entitled to seek compensation.

Employers have a legal obligation to ensure the safety of their employees. That means complying with the Health and Safety at Work Act 1974 along with other laws that apply to specific workplace environments, as well as having up-to-date Employer’s Liability Insurance. In situations where your employer neglects these duties, leading to your injury, you’re likely eligible for compensation.

No matter your place of work, whether it’s considered high-risk like a construction site, warehouse or farm, or a seemingly low-risk environment like an office – it’s your employer’s responsibility to make the workplace as safe as possible. To do this, they must:

• Provide adequate training for staff.
• Maintain work equipment.
• Conduct regular risk assessments.

Even if you are partially responsible for the accident that caused your workplace injury, in certain situations, you may still be able to claim compensation. However, you will need to be able to prove that your employer’s lack of care contributed to the accident. This also applies if you have a pre-existing medical condition that you think has been aggravated by poor health and safety protocols in your workplace.

Steps to take if you suffer an injury at work

Knowing what to do in the aftermath of an accident at work can save time when pursuing a personal injury claim. First and foremost, however, it’s important that you seek medical treatment for the injury or injuries you’ve sustained.

Once your injury has been treated, be sure that the accident has been officially reported. Either you or a colleague should inform your employer quickly and see that the incident is documented in the company’s accident book. If there is no accident book or they fail to report it, write your own account of what happened in detail, send a copy to your manager, and keep a copy for your own records.

All employers are legally obligated to report workplace accidents to the Health and Safety Executive (HSE) as stated by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR).

Once you’ve reported it, gather any possible evidence from the scene of the accident, such as photographs or videos, and ask for statements from any colleagues who witnessed the accident take place.

What kinds of workplace accidents are eligible for compensation claims?

Accidents at work can happen under a host of circumstances. Most commonly, these are the result of employers not carrying out full, regular risk assessments, not providing employees with sufficient protective clothing or PPE equipment, or general non-compliance with the Health and Safety at Work Act.

At Injury Lawyers 4u, we have assisted countless workers in claiming the compensation they rightfully deserve for their employer’s negligence. The most common types of claims include:

• Slip and trip claims – Often due to wet floors or lack of training.
• Construction site accidents – Ranging from manual handling injuries to forklift accidents.
• Industrial disease claims – Including those for exposure to harmful substances like asbestos, which can lead to ongoing respiratory conditions.
• Warehouse and factory accidents – Covering everything from repetitive strain injuries, vibration white finger, to injuries resulting from improper lifting techniques.
• Injuries caused by faulty machinery or insufficient training, including electric shock incidents.
• Accidents in the service industry: Including burns or cuts from kitchen equipment in restaurants, or injuries from handling heavy stock in shops and pubs.
• Military and armed forces accidents

Time limit for making an accident at work claim

You generally have three years from the date of an accident at work or from when a related medical condition is diagnosed to begin a personal injury claim. However, there are specific situations where you might be able to make a claim even after this period has passed:

• If the accident resulted in psychological trauma or brain damage that impaired your ability to claim, there is no time limit.
• If your injury was due to a fault in manufacturing or design that’s later discovered, such as during a product recall, you may extend the claim period beyond three years.
• If the accident occurred abroad, local laws might affect the claim timeframe.
• If the worker has died from their injuries, the three-year limit starts from the date of death, which can extend the period for continuing or starting a claim.

If you’re unsure if any of these apply to your case, our experienced lawyers are ready to discuss each of these exceptions with you.

How long does an accident at work claim take?

Unfortunately, there is no straight answer to this question. The time it takes from initiating an accident at work personal injury claim to receiving compensation depends greatly on the complexity of the case and the severity of your injuries.

In cases where injuries are only minor and the employer admits liability, these claims can be resolved in as little as six months. However, more complex cases where injuries are life-changing, require ongoing treatment, or the accident itself requires further investigation, can extend beyond a year.

When you speak to Injury Lawyers 4u in your initial consultation, our legal experts can give you a more detailed timeline tailored to your situation.

What might your compensation amount be for a workplace accident?

As with the length of the claim process, the compensation you receive varies according to the severity of your injuries and their effect on your life. The Judicial College Guidelines offer a framework for estimating compensation for injuries based on the body part affected and the extent of harm, including recovery time. This payment is categorised as general damages.

You can also seek special damages, which cover actual expenses incurred due to the accident. This can include:

• Medical bills
• Care expenses, including when provided by family or friends.
• Treatment costs, including for psychological trauma.
• Travel costs to medical appointments.
• Damage to personal property.
• Lost wages from missed work, along with any potential future loss of earnings
• The impact on your future work capacity.

To find out what you could be owed in general damages due to an accident at work, use our personal injury compensation calculator. However, keep in mind that your total compensation could be significantly higher when special damages are taken into account. Speak to Injury Lawyers 4u today to find out the total amount you could be eligible to claim.

Your employment rights following an accident at work

If you sustain a serious injury due to an accident at work, it’s important to discuss your employment rights and potential need for time off with your employer. Depending on the severity of your injuries, you may be eligible for statutory sick pay or possibly industrial injuries disablement benefit.

Under UK employment law, you are protected from being dismissed for making a claim related to a workplace accident, especially if the accident was due to your employer’s negligence. Employers are not allowed to fire or penalise you, nor can they make your work conditions intolerable simply because you filed a claim.

While you may be concerned that filing a claim could put a strain on your relationship with your employer, the law is very clear: your employer cannot legally terminate your employment for making a claim. If they attempt to do this, it could lead to an unfair dismissal claim. Not only this, but if your employer makes your working conditions so difficult that you feel compelled to resign, you may have grounds to claim for ‘constructive dismissal’.

Accident at work compensation

A compensation claim can provide you with the money you need to get back on your feet or pay for long-term care and rehabilitation. It also means that you can stop worrying about financial problems and focus on recovering from your illness or injury. Beyond your own personal injury, making a claim can highlight issues in the workplace or in your employer’s procedures that need to be addressed to prevent others from suffering a similar injury.

So, if you’ve suffered an injury or illness as a result of an accident at work, call the team at Injury Lawyers 4u on 0333 400 4445 or fill in our contact form today. Our experienced professionals can give you the expert advice you need and can help you claim the compensation you deserve. For more information and to talk in confidence to one of our experienced professional lawyers, call us today or fill in the contact form on the right and one of our team will call you back.