Have you suffered an injury due to an accident at work?

How dangerous is your job? Do you take your life in your hands every time you clock in, or is your job supposedly a ‘safe’ occupation? Accidents at work are one of the most common reasons for compensation claims every year, second only to road traffic accidents. 

No matter what industry you work in or how ‘safe’ you think your job is, the truth is that accidents are unpredictable, they can happen anywhere, and they happen to ordinary people every day.

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.

Negligence

While nobody can ever predict when an accident will happen, many of them are entirely preventable and are the result of negligence. If your employer fails in their duty of care and you are injured at work, you may be able to claim compensation.
For this to be the case, you’ll need to show:
• You were an employee
• Your employer breached their duty of care
• This breach caused your injury

This will indicate if a lack of care or negligence by your employer is directly responsible for the accident. If that’s the case, then it’s time to talk to the professionals at Injury Lawyers 4U. Our experienced legal professionals can give you the expert advice you need, while our no win, no fee solicitors will fight hard to secure you the compensation you deserve.

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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. 

The evidence you’ll need to make a claim

After seeking medical treatment and reporting the accident to your employer, the next step is to gather evidence that proves your employer’s negligence was at least partly responsible for the accident. Here is some of the evidence that will help build a strong case:

  • Records from your workplace’s accident book.
  • Photos or footage showing the accident site and the hazard that caused it.
  • Witness statements supporting your version of events.
  • Independent medical assessments to document the extent of your injuries. We can assist with this.
  • Evidence of the medical treatment you’ve received, along with a diary detailing your injury symptoms and medical appointments
  • Any documentation or receipts that show the financial losses you’ve suffered due to the injury

When you speak to our expert team at Injury Lawyers 4U, we’ll ask for details of the accident and any evidence you can provide to support your claim. Depending on the specifics of your case, evidence can also include CCTV footage of the incident, or HR records that prove you haven’t received the necessary training. The sooner your solicitor views the evidence, the sooner they can begin processing your claim.

After we review the evidence, we can arrange for an independent medical expert to assess your injury and provide a medical report. Once this is complete and we feel that you have a strong case against your employer, we can pursue compensation for your injury from your employer’s insurance.

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:

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.

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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’.

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Frequently asked questions

Who pays the compensation?

Employers are required by law to have employer’s liability insurance, which is used to pay out compensation claims. If an employer doesn’t have this insurance, it can lead to daily fines until they obtain the necessary cover. 

We always aim to negotiate a higher level of compensation than the initial offer the insurance company gives, and if necessary, we also aim to secure interim payments for financial relief throughout the process. This way, you aren’t compelled to accept a lower compensation offer than you deserve, especially when lost income is a concern. 

What is employer’s liability insurance?

Employer’s liability insurance is a form of insurance that covers costs and legal fees if an employee makes a claim for personal injury or illness caused by the company or organisation’s negligence. 

If I’m a self employed contractor, can I still make a claim for an accident at work?

Even as a self-employed contractor, you are protected under employment laws and entitled to make a claim against the company you’re contracted to work for if they’re at least partly responsible for the accident. Remember, regardless of the type of work environment, employer’s are responsible for ensuring the safety of everyone in the workplace.

When does the HSE investigate accidents or illnesses at work?

The Health and Safety Executive may conduct an independent investigation into workplace incidents under certain conditions. Legally, all workplace injuries and illnesses have to be reported to the HSE, and failure to do so can lead to hefty fines for employers. 

The HSE generally focuses on serious cases, such as deaths, major injuries like multiple fractures or amputations, head injuries, or severe occupational diseases. If you know that the Health and Safety Executive are investigating your place of work, you can still begin a claim for accident at work compensation before their investigation is completed. 

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.