If you have suffered an injury or illness following an accident at work that wasn’t your fault, you may be entitled to make a claim for compensation.
Your employer has a legal responsibility to keep you as safe as reasonably possible during your working day, and if your accident at work happened because of your employer’s negligence, you could be eligible to make a compensation claim against them.
Common Causes Of Accidents At Work
Accidents are an unfortunate part of life. However, suffering an injury or illness because of an accident at work that wasn’t your fault is different and there is legislation in place for this reason – which is why our personal injury solicitors at Bartletts Solicitors help clients secure compensation when this happens.
As a guide, accidents at work can be caused by:
- A moving object
- Falls from height
- Slips, trips or falls
- Manual handling, lifting or carrying
Injuries are not always physical and often claims for compensation are made for breach of contract or for employer negligence because of psychological suffering caused by incidents including:
- Workplace bullying
What Your Employer Should Do To Prevent Accidents
The law details what employers are expected to do to keep their staff as safe as possible during the working day.
Workplace legislation includes:
- Having measures in place to prevent accidents at work
- Informing staff of health and safety issues that could affect them
- Ensure all necessary training is carried out
- Having the right equipment available to employees
If you have an accident at work, employers must report this and are legally required to pay you statutory sick pay (SSP) and give you the necessary time off to recover.
Furthermore, every employer is legally required to have valid insurance to cover any potential claims by staff following a workplace accident. This means that any claim you make is made against the employer and if successful is paid for by the insurance company.
You have the right to be kept safe at work and this means that all reasonable measures should be taken by your employer to ensure this happens. If you’ve been injured or become ill because of an accident at work that was due to your employer’s negligence, then you are entitled to make a claim for compensation.
Even if your accident was caused by another employee’s actions you may still be able to make a claim. Your rights at work mean that if you are entitled to make a claim for compensation, your employer should not stop you from doing so.
Regardless of the terms of your employment, you have the right to be kept safe in the workplace – so no matter if you work full-time, part-time, on a temporary basis or through an agency, you are protected by the same health and safety legislation as all employees at work.
What You Should Do If You Have An Accident At Work
If you’re hurt at work, report the matter to your employer as soon as you can. Your employer should then help ensure you get the medical attention you need and also record it in the workplace accident book.
If your employer doesn’t or is unable to record your accident, write down the details of what caused your injury or illness and make 2 copies – one for your employer and one for you. Ask a colleague or friend to do this for you if you can’t. Writing it down will help with your claim and is worth doing. It is advisable to email your employer with details of the accident circumstances so there is a clear record of what happened.
You should also see a doctor who will record the details of your accident and injuries, and make sure you receive the medical care you need.
If the accident is serious, you should also report the incident to RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013).
What Is IIDB?
IIDB stands for Industrial Injuries Disablement Benefits and is an additional entitlement you may be able to claim for alongside your personal injury claim against your employer.
To be eligible for IIDB, you need to meet certain criteria that usually includes:
- You were an employee at the time of the accident
- You were on an approved training scheme, course or event when the accident happened
- The accident happened in England, Wales or Scotland
You may also claim for disability benefits if you caught a disease or illness, including those related to asbestos, during your employment and can demonstrate you meet the above criteria.
Will You Be Paid If You’re Hurt At Work?
If you need to take time off work to recover from your injury or illness, you can get back your earnings in one of two ways:
The amount of SSP (statutory sick pay) you receive depends on your employer’s sick pay policy. You may also be entitled to additional sickness benefits or payments.
- Loss of earnings
Regardless of whether you receive SSP or not, you may be able to claim for loss of earnings as part of your compensation claim against your employer.
Will You Lose Your Job If You Make An Accident At Work Claim?
Your employer has a duty of care to keep you safe in the workplace and if you’re injured in an accident at work that wasn’t your fault, you have a right to make a compensation claim.
If you have worked in your job for more than 2 years, your employer cannot dismiss you for making a claim – if this happens and you have been employed by the company for more than 2 years then you may have a case for unfair dismissal.
How Much Can You Claim For An Accident At Work?
The amount of compensation you can claim for depends on your particular situation and the severity of your injuries. Each and every claim is different.
There are 2 types of compensation you can claim for:
- General damages – this is for physical pain and psychological suffering
- Special damages – this is for associated expenses such as medical costs, travel and loss of earnings
How We Can Help You With Your Accident At Work Claim
We provide a free initial consultation to all our clients to ensure they have the opportunity to receive professional legal advice before proceeding with an accident at work claim for compensation.
Once you’ve seen a doctor and are receiving the medical care you need, speak to one of our professional personal injury solicitors about your accident and your rights to make a claim.
We are here to help you if you want to know more about whether you could make a claim against your employer for your injury or illness following an accident at work. Once we fully understand your particular situation, your personal injury solicitor will tailor your advice and explain if you’re eligible to make a claim and assess how much compensation you could claim for.
We are here to help you at every step of the claims process – so if you do decide to go ahead and make an accident at work compensation claim, we will support you and work hard to secure you the maximum compensation you deserve.
Accidents At Work FAQs
Can I Make A Workplace Accident Claim?
Yes – if you’ve been hurt in an accident at work and your employer is at fault.
Employers are liable to pay work injury compensation if they failed to:
- Follow health and safety legislation
- Carry out relevant risk assessments
- Supply the necessary personal protective equipment (PPE)
- Reduce risks in the workplace as much as possible
- Ensure equipment and machinery are maintained
How Do I Claim For An Accident At Work?
The first thing to do is collect evidence – the more evidence you have, the stronger your claims case will be.
If possible, try to ensure you do the following after your accident at work:
- Report the accident to your employer and fill out the accident book at work
- Take photos of where your accident happened
- Take photos of any visible injuries
- Get the details of any witnesses to your accident
- Record any visits to the doctor plus treatments you take
- Keep receipts for all related expenses such as travel costs to doctor or hospital
Don’t worry if you’re not able to gather all the evidence, just try to get as much as you can.
We will advise you based on the facts you give us and the evidence you share with us, about whether you have grounds to make a successful claim and how much compensation you’re entitled to.
What Types Of Injury Can I Claim For?
There are many different types of injuries that your employer can be held accountable for if you’ve been hurt in an accident at work.
Injury types for claims include:
- Back injuries
- Lacerations and cuts
- Serious injuries such as brain or spinal injuries
- Workplace burns
- Workplace fatalities
How Much Compensation Could I Get?
Your compensation depends on the severity of your injury or illness and the impact this has had on you following your workplace accident.
As a guide, the more serious your injury, the more compensation you’re entitled to. If you’ve needed to take time off work, we can claim for loss of income compensation too.
For a clearer idea of how much compensation you could claim for, speak to our professional personal injury solicitors on 01244 405 399 or email firstname.lastname@example.org They will discuss the details of your accident and injuries and provide you with an estimate of potential compensation.
How Long After An Accident At Work Can I Make A Claim?
You usually have up to 3 years from the date of the accident to make your claim for compensation. Our advice is to always get in touch as soon as you can.
Sometimes, the time limit starts from the date you became aware of your injuries if you didn’t realise straightaway that you are injured.
There are a few exceptions to the 3-year rule too, for example, if you have suffered a severe brain injury.
How Can I Pay For My Accident At Work Claim?
You can make a claim with us on a no win, no fee payment arrangement. This means you only need to pay a fee if your claim is successful – and this fee will be taken from your compensation. The fee is a set amount that will be advised before you decide to go ahead with making your claim and there will be hidden extra fees at any point.