Accident at Work Claims
Experiencing an accident at work can be challenging, and it’s normal to feel unsure about how to handle it. You might be worried about how your employer will react or if they’ll take the right steps. Unfortunately, many people go through work-related accidents in the UK. But it’s important to know you are not alone.
Lawhive’s personal injury solicitors have dealt with numerous accident at work cases, and we’re here to help you claim if you’ve had an accident at work that wasn’t your fault.
In this guide, we’ll explain how you can go about making a claim, and how a solicitor can help you increase your chances of getting the right amount of compensation.
Can I claim for an accident at work?
If you’ve been hurt in an accident at work in the past three years, and it wasn’t your fault, you might be able to get compensation.
Lots of injuries and work-related illnesses come about because employers and managers don’t follow safety rules, and it is your right to claim compensation if you’ve come to harm or been affected by their negligence.
Many individuals who are injured in an accident at work have to take time off for recovery, which can be stressful for both them and their families - especially if they are the main breadwinner. In more extreme cases, an accident at work and subsequent injury might even force someone to stop working altogether.
At Lawhive, we don’t think anyone should have to worry about their health, job, financial situation, or future after an accident at work. That’s why our solicitors offer legal advice and support when you need it most on a no-win, no-fee basis. So you can access justice, secure compensation, and focus on your recovery.
To start your claim, get a free case assessment from our legal assessment team today.
What should I do if I’ve been injured at work?
If you’ve been injured at work, first and foremost, seek immediate medical attention.
Next, you should report the incident to your manager and make sure the accident is recorded in the company accident book.
Certain accidents and injuries also have to be reported to the Health and Safety Executive (HSE) under RIDDOR. If you’ve suffered a serious injury and are hospitalised, a colleague or manager will typically handle these tasks for you. But it may be wise to follow up to make sure all the right processes were followed.
If you’re a member of a trade union, it’s a good idea to inform your trade union rep too. Their support can be really helpful at such a difficult time.
Should you need time off to recover and heal, you should be entitled to either Statutory Sick Pay or enhanced sick pay depending on your employment contract. Severe injuries with long-term or permanent effects may make you eligible for industrial injuries or disablement benefits.
Can I claim compensation for an accident or injury at work?
While the UK is generally considered one of the safest places to work globally, accidents at work and workplace injuries aren’t uncommon. From March 2022 to March 2023, HSE statistics show that 135 workers lost their lives in work-related accidents and 561,000 workers sustained a self-reported non-fatal injury in the workplace during the same period.
The long and short of it is that employees are at a very real risk of serious and lasting injury at work, especially when safety measures, training, or personal protective equipment are inadequate or lacking. Therefore, if you’ve been injured in an accident at work in the last three years and it wasn’t your fault, you may very well be able to claim compensation if:
You’re still undergoing medical treatment following a work-related injury or illness;
You’ve had to go to hospital repeatedly for the same condition;
You had to take time off work to recover from an injury;
You’ve had to change your role or working patterns due to an injury or condition.
Seeking compensation for an accident at work isn’t about retribution or revenge.
Compensation aims to help cover recovery costs and adjustments you need to make in your life. If you have any doubt in your mind about making an accident at work claim, it’s worth getting a free case assessment from our expert legal assessment team, who will listen to your situation and advise you of the best course of action.
Common accidents at work
Accidents in the workplace can come about because of:
Dangerous working practices;
Insufficient or inadequate personal protective equipment (PPE);
Lack of or insufficient risk assessments;
Preventable spillages;
Poorly enforced safety procedures (or a total lack of them);
Poorly maintained equipment.
When we think about accidents at work, it’s natural for our minds to jump to the most dramatic circumstances, for example falling from a height (such as a ladder, roof, or scaffolding), getting electrocuted or burned, or experiencing injury due to contact with moving machinery.
However, more benign workplace accidents can lead to significant injury such as:
Slips, trips, or falls;
Improper lifting and handling;
Being struck by a falling object.
Other health risks posed by the workplace include toxic fumes, industrial deafness, and repetitive strain injuries.
This list is not exhaustive. Different workplaces can give rise to different accidents. However, if any of these situations sound familiar, you may have grounds for an accident at work claim.
What types of accidents at work can I claim for?
If you had an accident at work, you might be eligible for compensation if it wasn’t your fault.
Common workplace accidents include slips, trips and falls, lifting injuries, and accidents involving machinery, such as forklift accidents.
In short, if your employer didn’t take proper steps to keep you safe, you could have a claim.
Employment rights following an accident at work
Your employer must keep you safe, according to the Health and Safety at Work Act 1974.
If they fail in this duty, and you get hurt because of it, you’ve got the right to claim compensation. The law also says that you can get medical help, report the incident, and take time off for medical appointments if you need them.
Beyond safety, workers have other rights, including the right to rest, take paid holidays, and be fairly treated.
Can my employer fire me if I make an accident at work claim?
No, your employer can’t fire you for seeking compensation following an accident at work - it’s your right to seek the support and compensation you deserve.
Employers are obligated to provide the right tools, training, and support to ensure a safe working environment. They should also conduct risk assessments and implement safeguards, whether it’s an office or a warehouse, to keep everyone safe.
If your employer does fire you for filing a claim after a workplace accident, you may be able to bring an unfair dismissal claim against them.
How do I know if I have grounds for a work compensation claim?
If you’ve been hurt at work and it wasn’t entirely your fault, you likely have a claim.
If your employer failed to ensure a safe environment, provide you with proper training, or provide you with appropriate safety equipment and you sustained an injury as a result, that means they failed to follow health and safety regulations.
The key to making a successful claim is to have evidence to back it up, such as photos of the scene of the accident, medical records, and witness statements.
How much compensation can I get for an accident at work claim?
The amount of compensation you can get for an accident at work claim varies depending on the severity of your injuries, the impact on your life, and the financial losses you’ve faced.
As a general rule, the more serious the injury is, the higher the potential compensation. This includes not just the immediate pain but also any lasting effects, like chronic pain.
Is there a time limit on accident and injury at work claims?
While the time limit for different types of personal injury varies, the typical timeframe in which you must claim is 3 years.
In real terms, this means that court proceedings need to begin within 3 years of your injury being recorded whether in your work’s accident log or by a medical professional.
You won’t always be immediately aware that you’ve been injured or become ill, so there are accommodations in legislation to account for this gap. A court has the right to extend the time limit depending on the circumstances of your case.
Industrial illnesses like asbestos can take many years to come to light, so the rules are different.
Another exception is brain injuries, where you can’t manage your legal affairs yourself.
The best practice remains to seek legal help as soon as you become aware of your injuries or work-related illness.
Can I make a no-win, no-fee claim for an accident at work?
Yes, you can make a no-win, no-fee accident at work claim, and it’s pretty common practice.
No win, no fee means that if your claim isn’t successful, you won’t have to pay legal fees. If your claim is successful, a success fee is deducted from this compensation awarded. This fee is agreed upon in advance with your personal injury solicitor.
No win, no fee accident at work claims help individuals seek the compensation they deserve for an accident at work without worrying about upfront costs. To learn more about how our personal injury solicitors can support you in a no-win, no-fee personal injury claim, get a free case assessment from our legal assessment team today.