How To Claim For An Accident At Work

If you’ve been injured following an incident at work, you may be able to make an accident at work compensation claim. Here we look at some different types of accidents that can happen in the workplace and provide a step-by-step guide for how to claim for an accident at work. We’ll also look at the importance of correct documentation and why having expert legal assistance in your corner is essential.

Understanding work accident claims

Employers have a responsibility to keep their staff safe at work. According to health and safety law, employers must:

Assess risks to employees, customers and partners
Arrange for the effective planning, organisation, control, monitoring and review of preventive and protective measures
Have a written health and safety policy if they employ five or more people
Ensure employees have access to competent health and safety advice
Consult employees about their risks at work and existing preventative and protective measures

Accidents at work do happen, but if this was caused by your employer’s negligence you may be able to bring a personal injury claim for an accident at work.

There are many different types of accidents at work, but some of the most common include:

Slips, trips and falls
Falls from heights
Industrial disease claims
Farm accident claims
Cuts and burns
Harmful substances exposure
Construction accident claims
Accidents caused by defective machinery
Back injuries caused by incorrect lifting

Step-by-step guide to filing a work accident claim

To make a work accident claim, you’ll need to follow this process:

✔ Report the accident

Following an accident at work, the first thing you need to do is report the accident. If you’re working in your usual workplace, you’ll usually need to tell your line manager about the incident. Check in your employee handbook if you need to make anyone else aware.

If you’re at work but not at your usual premises, tell the person there that you usually report to. You should also let your usual line manager know too.

First and foremost, reporting the accident ensures you’re following the correct procedure. The accident report may also play a crucial role in your compensation claim. It will also help your employer put safeguarding in place to ensure a similar accident doesn’t happen to another of your colleagues.

You should also record the incident in the company accident book if the business has more than 10 employees. It makes sense to check with your line manager that this has been done. Even if your workplace has less than 10 employees, they may have an accident book. Check if this is the case.

✔ Seek medical attention

Depending on the nature of the accident, you may have to go to A&E immediately to be treated for your injuries. Even if not, it makes sense to see your GP as soon as you can. Not only will they offer medical care for your injuries, but they will also document the full extent of them in your medical records.

Alongside your official medical records, it also makes sense to take pictures of your injuries as soon as you can after your accident. This could be an important piece of documentation in your compensation claim.

✔ Consult an expert

If you’re serious about making a personal injury claim following an accident at work, you’ll want a personal injury professional to work on your behalf. They can help you navigate all stages of the claim and ensure you have all the right documentation in place.

You’ll want to work with experts with a track record of helping people claim compensation in cases just like yours. Look for personal injury solicitors that are regulated by the Financial Conduct Authority too.

You may also want to consider no win, no fee arrangements where you only pay for your legal fees if you’re successful in your claim.

✔ Gather necessary documentation

Your personal injury solicitor will guide you through all the documentation you need, but it will likely include:

Personal identification

You’ll need to give both personal identification and proof of how you will pay for your legal fees.

The records of the incident from your employer

Your solicitor will be able to request this from your employer.

Your medical records

Your solicitor will request these from your GP.

Photographs of your injuries

Make sure you take these as soon as you can.

Witness statements

If anyone saw your accident, speak to them and ask them to provide notes on what happened.

Your own notes

You can also make your own notes on the incident whilst it’s still fresh in your mind. You can even include drawings if you think this will help outline what happened.

Financial records for any out of pocket expenses you may have incurred

This could be for medical expenses and travel expenses to get to and from hospital.

Keep correspondence

If you’ve been speaking to senior management at the company about the accident and your injuries, keep copies of all correspondence.

Employment records

Keep copies of your job description, training records and any relevant policies and procedures.

✔ File the claim

Your solicitor will file the claim on your behalf. This will either be direct to your employer or to the local authority or Health and Safety Executive (HSE).

Potential obstacles in the claim process

Claiming for an accident at work can be a complex process. Potential obstacles along the way can include:

The burden of proof

In order for your claim to be successful, you need to prove the following:

That your employer owed you a duty of care
That they breached this duty
You suffered an injury as a result

Whilst all employers owe a duty of care to their employees (it gets a little complicated for freelancers and contractors), it’s the second two points that are key.

The onus is on you and your legal team to prove they breached the duty of care and it was this breach that caused your injury. Evidence like your medical records, witness statements and photos of your injuries and the accident site will all play an important role here.

Disputes over liability

Accident at work claims can become very complex where there is a dispute over liability. Your employer may argue that the accident was your fault and that they’re not liable. Or they may accept some responsibility but claim that you are partly responsible. In the latter, you may still get some damages but they won’t be as much as if your employer was fully responsible.

Securing the right level of damages

When it comes to an accident at work, there are so many issues at play beyond your initial injuries. Cases can become complex in relation to what you can potentially claim for. This includes:

Medical expenses

Lost income due to time off work
Future income that may be lost, including pensions
Changes to your ability to work in the future
Cost of ongoing care
Travel expenses to appointments
Costs associated with ongoing care, including adjustments to your home and any specialist equipment

It’s important to have qualified personal injury solicitors working on your case to help overcome any potential obstacles and secure the damages you deserve.

How can InjuryLawyers4U help you?

If you’ve been injured following an accident at work, you may be able to bring a compensation claim against your employer.