Accident at Work Claims
Understanding Workplace Accidents
We understand that if you have been injured at work, you may feel overwhelmed and uncertain about what your next steps should be.
We understand the challenges you face, and we are here to provide the expert guidance and support you need to pursue an accident at work claim and seek the compensation you deserve.
Workplace accidents can have a devastating impact on your life, affecting your physical health, emotional well-being, and financial stability.
Accidents at work can occur due to various factors, often stemming from unsafe working conditions or employer negligence.
Dangerous working practices, such as inadequate training or failure to follow safety protocols, are frequent contributors to workplace accidents. Poor or non-existent personal protective equipment (PPE) can leave employees vulnerable to injuries from hazards like falling objects or exposure to harmful substances.
Missing or weak risk assessments, preventable spillages, unsatisfactory or poorly enforced safety procedures, and badly maintained equipment are also common causes of accidents at work.
Understanding the nature of these accidents and your rights as an employee is crucial for pursuing a successful workers’ compensation claim.
Types of Workplace accidents and common injuries
Workplace injuries can take many forms, each with its own set of challenges and consequences.
Examples include:
- Slips, trips, and falls: Falling on wet floors, uneven surfaces, or cluttered walkways resulting in fractures and sprains
- Falls from height:Accidents involving ladders, scaffolding, roofs, or elevated platforms, that often result in multiple injuries such as fractures, sprains, or head injuries.
- Being hit by moving objects:Injuries caused by falling tools, machinery, or vehicles in the workplace.
- Machinery Accidents: Injuries caused by contact with unguarded or faulty machinery
- Manual handling injuries: Involving all forms of pushing, pulling, and moving objects in the workplace that can lead to back strains and sprains/ligamentous tears to shoulders etc.
- Faulty or missing work equipment: When employees are provided with faulty, unsafe or inadequate equipment, including personal protective equipment (PPE). This can lead to injuries such as cuts, burns, fractures, strains, crush injuries, amputations.
Employer Responsibilities
Employers have a legal duty to ensure the safety and well-being of their employees in the workplace. This duty is primarily formed by the Health and Safety at Work etc. Act 1974.
Employers are required to train employees on how to perform their jobs safely, conduct regular risk assessments to identify and eliminate hazards, and provide appropriate protective clothing or equipment where necessary.
Employers must also ensure that all equipment is appropriately maintained and repaired when needed, and that the workplace is kept as tidy and organised as possible.
Why You Should Consider a Work Accident Claim
If you've been injured because of your employer's negligence, we are here to guide you through the process of making a claim.
We ensure, to the best of our ability, that your rights are protected and the necessary steps are taken to pursue compensation successfully for any injuries and losses incurred.
Getting legal advice as soon as possible after an injury at work can significantly enhance the chances of receiving compensation for your pain, suffering, and financial losses incurred due to the accident.
UK employment law is applicable in this matter; if the accident was either fully or partially the employer’s fault, and you make a claim, you cannot be dismissed, nor can they penalise or make your working life harder because you have made a claim.
How Much Compensation Can You Expect?
When determining how much you can claim for a workplace accident, several factors come into play; these include the type and severity of the injury, the extent of any ongoing or long-term effects, and the impact on your ability to work and perform daily activities.
Compensation for a work-related injury typically consists of two categories: General Damages and Special Damages.
General Damages are awarded for pain, suffering, and loss of enjoyment of life (PSLA) caused by your injuries, whereas Special Damages cover any financial losses or expenses incurred as a result of the injury.
If your injury leads to long-term health issues or a permanent disability, the compensation may also account for future losses.
It’s important to remember that the goal of workplace accident compensation is to restore your financial position to what it would have been had the accident not occurred.
The Importance of Making a Claim
If you’ve been injured because of your employer’s negligence, we are here to guide you through the process of making a claim.
We ensure, to the best of our ability, that your rights are protected and the necessary steps are taken to pursue compensation successfully for any injuries and losses incurred.
Getting legal advice as soon as possible after an injury at work can significantly enhance the chances of receiving compensation for your pain, suffering, and financial losses incurred due to the accident.
UK employment law is applicable in this matter; if the accident was either fully or partially the employer’s fault, and you make a claim, you cannot be dismissed, nor can they penalise or make your working life harder because you have made a claim.
When determining how much you can claim for a workplace accident, several factors come into play; these include the type and severity of the injury, the extent of any ongoing or long-term effects, and the impact on your ability to work and perform daily activities.
Compensation for a work-related injury typically consists of two categories: General Damages and Special Damages.
General Damages are awarded for pain, suffering, and loss of enjoyment of life (PSLA) caused by your injuries, whereas Special Damages cover any financial losses or expenses incurred as a result of the injury.
If your injury leads to long-term health issues or a permanent disability, the compensation may also account for future losses.
It’s important to remember that the goal of workplace accident compensation is to restore your financial position to what it would have been had the accident not occurred.
Steps to Take After an Accident at Work
Immediate Actions Following an Injury
If you experience an accident at work, your well-being should be your top priority – it’s essential to seek immediate medical attention, even for minor injuries.
This not only ensures you receive the necessary care but also creates a medical record that can be crucial for your accident claim. Additionally, it’s essential to report the incident to your employer as soon as possible.
You should create a written record of the accident that includes details about what happened and any witnesses, while you should also take photos of the accident scene and your injuries, as this can provide further support for your work accident claim.
Gathering Evidence for Your Claim
To build a strong accident at work claim, you may need compelling evidence.
The following evidence can significantly strengthen your case, including:
- Accident Report Form
- Medical Records
- Photographic Evidence
- Witness Statements
- Details of Losses and expenses
- Workplace Safety Records
- Correspondence
- CCTV Footage
- Personal Diary or Journal
- Financial Records
Compiling this evidence is a crucial step in building a solid case for your injury claim, so you can claim with confidence and receive what you are entitled to.
Reporting the Accident
Reporting an accident is crucial; you or a colleague should inform your manager about the incident, as this will create an official record that can be valuable when filing a claim.
Ensure that the incident is officially recorded in your workplace’s accident book, which will act as a formal record of the event and help support the validity of your compensation claim.
Your employer is legally required to keep an accident book and investigate workplace accidents, so reporting the incident helps them meet these obligations. Don’t delay; it’s vital to report workplace accidents promptly, as any delays could impact your ability to claim compensation if you’ve been injured.
Frequently Asked Questions
The duration of work-related accident claims can vary widely based on several factors; simple cases may be settled amicably within a few months whereas more complex cases, especially those involving serious work-related injuries, disputes over liability, or negotiations regarding the compensation amount, can take much longer, sometimes several years.
In England and Wales, personal injury claims must either be settled by negotiation or proceedings issued at court within three years from the date of the injury or from the date you first became aware that the injury was someone else’s fault.
If the claim does not conclude or proceedings are not issued at court by the 3rd anniversary of your accident (or when you reasonably could have known that the injury was someone else’s fault) it will be time–barred and generally you will not be able to pursue your claim further.
There are some special rules:
For minors – children under the age of 18, the limitation period does not start to run until the child’s18th Birthday. This means minors have until their 21st birthday before they must issue proceedings at court.
If the injury involved a crime – such as an assault – you must submit your claim to the CICA (Criminal Injuries Compensation Authority) within 2 years of the date of the injury (or from the date you first became aware that the injury was caused by a crime)
In some cases, the court or the CICA has discretion to extend the time limit if there are good reasons for the delay, but this is not guaranteed.
This time limit is intended to ensure timely and relevant proceedings, so it is essential to act quickly if you believe you have a claim.
How We Can Help You
Our Expertise in Work Compensation Claims
Our lawyers have extensive experience in managing workplace accident claims with professionalism and diligence – if you’ve been injured at work, our team offers clear and supportive advice.
Our personal injury lawyers are well-versed in handling accident claims and thoroughly understand the legal processes involved in pursuing a claim for a work-related accident.
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