Accident at work claims

You may be able to make an accident at work claim if you have been injured as a result of an employer neglecting health and safety procedures. In some instances, you may even be able to claim if you caused the accident, such as if your injuries were made worse because of a piece of faulty equipment.

It may also be possible to claim if a workplace accident made an existing injury or condition worse.

Your employer has a legal duty to ensure you are kept safe at work under the Health and Safety at Work etc Act 1974. In practice, this means that they have a responsibility to:

• Make sure you are properly trained
• Provide you with suitable work and personal protective equipment
• Undertake risk assessments
• Manage business activities to minimise risks to your health and safety
• Provide safe working systems.

Even if you are a casual worker or self-employed, you might still be considered as an employee under UK law, giving you the same rights as other workers when it comes to health and safety.

If you are an agency worker who has been injured in an accident at work, both the agency you work for and the operators of the business you are working for should work together to make sure that precautions are in place to protect you.

We can also help with claims being made on behalf of others, including:

• On behalf of a child who has been in an accident before their 18th birthday
• For someone who doesn’t have the mental capacity to handle their own case
• On behalf of a loved one who has unfortunately passed away.

If you have sadly lost a loved one in a workplace accident, we can help you with:

• Recovering compensation for their pain and suffering to account for financial losses caused by their death and to cover funeral expenses
• Representing you at inquest
• Getting you the answers and apology you deserve from those responsible.

Our lawyers could also help you access a statutory bereavement award, which is a flat rate of £15,120 that’s provided when a wrongful death has occurred. This is available if you are the spouse, civil partner or parent (if under 18) of the person who died.

Our team of dedicated workplace accident solicitors will work hard to get you the compensation you deserve. Your settlement can help pay for private medical care and any time you have had to take off work.

Some of the recent accident at work claim settlements that we have secured include:

£45,000 for a metal press operator who had to have two fingers amputated after his hand was crushed

A six-figure sum for a construction worker who was seriously injured when he fell from scaffolding

A five-figure compensation settlement for a supermarket worker who aggravated an existing back injury unloading a delivery.

The amount of compensation you could receive can be found in the table below:

The standard time limit for starting a workplace accident claim is three years from the date you were injured.

However, there are some exceptions to this:

• Mental capacity: If your loved one no longer has the mental capacity to make a claim themselves (often the case following a traumatic brain injury), then there is no time limit on making a claim
• Accidents while working abroad: If your accident happened while working abroad, the time limit for making a claim may be shorter
• Defective work equipment: If your injury was caused by a piece of equipment that had a manufacturing defect, the time limit may be different.

If you have been injured because of an accident at work, it’s best to contact us as soon as possible so we can begin your claim within the relevant time limits.

Compensation claims for an injury at work usually follow the same process and there are a few things you can do to help your solicitor put your case together (but don’t worry if you haven’t been able to follow these initial steps, as you might still be able to claim):

1. Make sure you inform your workplace Health and Safety representative about your accident as soon as possible
2. Notify your employer immediately and complete a short accident report. Make sure that it is based on fact and not an attempt to suggest who you think is to blame. If you are still in shock, distressed or in pain, do not sign any report that is given to you by your employer or anyone else involved
3. As soon as you are able, write out a clear description of the accident and sign and date it—this will help both you and your solicitor
4. Try to get hold of the names and addresses of anyone who witnessed your accident, as your solicitor may wish to write to them
5. Ask your Health and Safety representative to preserve the scene of your accident, if possible, and ask them to take photos of (or at least sketch) the scene and make them available to you.

Once you are ready to start the claims process, it’ll typically look like this:

1. Free initial consultation: We will discuss how your work injury happened and whether you have a legal claim for compensation. This initial consultation is completely free and confidential.
2. Determining responsibility: Next, we will investigate the circumstances that led to your workplace accident and use safety specialists to give their expert opinion on what your employer should have done to protect you.
3. Understanding your needs: We will ask medical experts to assess the short- and long-term impact that your injury will have on your life, so we can calculate a compensation amount that reflects your individual needs.
4. Accessing support: We can help you to claim benefits you are entitled to and access the best care and rehabilitation services. In some cases, we may be able to get you some of your compensation early to help with your immediate needs.
5. Compensation settlement: The majority of workplace accident claims are settled out of court. However, sometimes an employer (or an insurer) refuses to accept responsibility or disagrees with the compensation amount. In these cases, we will start court proceedings and, if your claim needs to be decided at court, we will be there to help you every step of the way.

The earlier one of our specialist workplace accident lawyers gets involved, the sooner we can start investigating your case. For a free consultation about your claim, call us or contact us online.

For the vast majority of workplace accident claims, your employer will be considered responsible for your injury. There are a number of laws that employers must follow to protect your health and safety at work and they have a duty of care to provide a safe working environment.

Employers should have a specialist insurance policy to protect them in these situations, so, in most cases, we claim from an employer’s insurer.

Making a personal injury claim against your employer should have no impact on your employment rights. There are strong laws in place to prevent you being discriminated against if you make an accident at work claim and our employment solicitors could help if you are concerned in any way.