If you have been injured or have a pre-existing condition that has been exacerbated, due to an accident at work that was the fault (whether wholly or partly) of either your employer directly or indirectly because of their negligence, then you may be entitled to claim compensation through a personal injury claim.
Your claim differs from other forms of personal injury claim if it occurred in your place of work. This includes all permanent and temporary places of work such as in the office or at home if you are required to occasionally work from home.
Employers’ liability insurance is a legal requirement for all businesses that employ staff so that they and their staff are protected in the event of a workplace accident.
Making a work injury claim
If you have had an accident at work within the last three years then our accident solicitors may be able to get you the compensation that you rightly deserve from your employer.
We find that a lot of accidents that happen in the workplace are due to health and safety procedures not being in place. Alternatively, the procedures are either inadequate and / or not followed by management or fellow employees.
There is a good chance you will have grounds to pursue a claim if you suffer injury and your incident could have been avoided by:
- Safe systems of work being in place / followed
- Adequate risk assessments being in place
- Suitable and detailed training being provided to all and adhered to
- Appropriate personal protective equipment being made available
- Equipment in use being regularly inspected, maintained and safe
Learn about our employers liability services
Looking for more detail on specific employers liability claims? See the list of Brown Turner Ross’s specialisms below.
Claiming work injury compensation
Compensation for an injury at work takes into account factors far beyond the pain and suffering you have felt because of your accident. For example, stress at work can lead to psychiatric damage which can be the subject of a claim without there being any physical pain present.
If you win your claim then you will be entitled to compensation for any loss of earnings you have experienced due to time off work and potential future income, as well as compensation for any costs that you will have to pay as a result of your injury such as care costs, medical treatment, adaptions to your home or vehicle so they are compatible for safe use.
Every case is different so we encourage you to get in touch as soon as possible if you have had an injury at work and after a consultation with one of our expert personal injury lawyers you will have a good idea of what you can potentially claim for.
Fill out the contact form below to see if you’re entitled to workplace compensation.
Injury at work claim if an agency or temporary worker
Part time, temporary, and self-employed contracted staff generally have the same protections as permanent full-time staff when it comes to health and safety. The same applies for whether you are working on an official written contract or just a verbal contract.
The only time an agency worker may not be eligible to a claim if they are injured at work is if they are employed/paid direct by an agency who have a managerial presence on site with control of tasks completed, supervision, health and safety and training. Because they are employed by the agency rather than the third-party business where they were working the agency are more likely to be would be liable for the injury. That said, the agency worker may still be to pursue a public liability claim in certain circumstances against the third party business.
Accident at work compensation examples
Due to the vast number of workplaces that exist, it is hard to compile a thorough list of workplace injury examples. The following list is non-exhaustive and you may have a case for claiming compensation due to an accident that does not appear on this list:
- If your employer knowingly fails to provide you with appropriate personal protective equipment and you are then either exposed to chemicals/materials/sound levels that cause long-term injury,
- If you are asked to perform tasks or duties that you feel you have not been adequately trained to perform and are then injured as a result,
- If you are told to use a tool or other piece of equipment that is either not fit for purpose or has not been satisfactorily maintained and you are injured as a result,
- If you slip or fall on either poorly maintained flooring, a spilled substance, or fallen items that have not been cleared away,
- If you are the victim of violence in the workplace and you were either working alone or in an understaffed team at that time making you vulnerable,
- If you are injured in any other way when performing duties required by your employer without there being an adequate risk assessment beforehand.
Again, you may have a claim that does not appear on this list. Please get in touch with our personal injury lawyers here at Brown Turner Ross if you have been injured at work and feel like your employer and their negligence were at fault.
How to claim for an accident at work?
If you have been injured at work and are interested in making a claim for compensation then your first step should be to contact a personal injury lawyer, like our expert team here at Brown Turner Ross to have an initial consultation about your case.
At a consultation, our lawyers will listen to what you have to say and make an honest assessment about your chances of winning a case against your employer.
We will ask for any evidence you have concerning your injury. This may include accident reports recorded at the time of injury, photographs of the place of injury, witness statements, and any medical notes you have already received.
If a decision is taken to pursue your claim further specific processes must be followed during what is known as the ‘pre-litigation stage’ i.e. prior to the issue of court proceedings, namely the civil litigation process. This enables the parties to set out their case, obtain a response and obtain documentation to assess liability in detail.
Subject to whether liability is admitted and/or the strength of success going forward, should liability be denied, an appointment will be arranged for you to be examined by an independent medical expert who will provide an opinion as to the injuries suffered, whether you have made a full recovery, how likely they are to persist in the future, any impact on your lifestyle, capacity for work and address any treatment that may aid your recovery, if appropriate.
Settlement may be achieved at that stage without the need for court proceedings to be issued. Failing which, a view will be taken as to whether to issue formal court proceedings.
How long to claim for accident at work?
Injury at work claims in the UK are limited by a three-year time limit within which you can initiate a claim. If you have not begun legal proceedings within the three years following the date of the injury then you may not be able to claim any compensation.
There are some caveats to this. If you did not immediately realise that you had an injury related to a workplace incident then your three-year time limit starts on the date that you realised the connection (the ‘date of knowledge’). Also, if you or a loved one no longer have the mental capacity to initiate a claim then the three-year time limit on making a claim is disregarded.
How much compensation for injury at work?
How much compensation you can claim following an injury at work varies in every case and is reliant on a combination of many factors, including (but not limited to):
- The severity of your injury
- Physical and mental pain and suffering
- Any loss of earnings since your injury
- If your future earnings are reduced because of your injury
- If you require care support or changes to be made to your home or transport
- Your medical costs
If you win your claim then the other party will also be liable to pay your legal costs.
What happens if you get injured at work?
If you get injured at work then your first concern should be on your health and wellbeing. You have at least three-years from the date of the accident to initiate a claim, and while it is best to seek legal advice earlier rather than later, your immediate concern should be recovering from your injury.
Once you are fit to do so, make sure that your injury was recorded by your workplace as this will help you should you decide to proceed with a claim in the future.
When you decide to seek compensation against your employer, contact a personal injury lawyer and attend a consultation to discuss your case.
I had an accident at work, what are my rights?
All workplaces owe employees a common law duty and/or some specific statutory duties to keep you safe at work. If negligence by your employer has resulted in you becoming injured then you have the right to claim compensation.
If you have or are thinking of initiating a claim for compensation following an injury at work then you are protected from unfair dismissal and mistreatment by discrimination from your employer. If your employer tries to dismiss you because of a personal injury claim, you then have the right to make another claim against your employer for unfair dismissal.
Who is responsible for recording injuries at work?
Your employer holds full responsibility for accurately recording any injuries that happen while at work. There should be an official workplace accident book where this information is recorded, the location of which will be known by either HR, the trained first aider on duty or any other member of staff who has been given the responsibility of recording the information.
Your employer is also bound by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations Act 1995 and is required in certain circumstances to complete RIDDOR Report which is logged with the Health and Safety Executive and notes a record of:
- The employee(s) involved in the accident
- The date, time, and location of the accident
- How the accident occurred and how the employee(s) were affected
- Follow up information about the affected employee(s)
- Identifiable information, such as a name and signature, of the person logging the accident