How To Claim As A Consultant Injured In An Accident At Work

If you are a consultant who was injured in an accident at work, you could be eligible to claim compensation. However, you will need to prove that a breach of duty of care caused your injuries.

Consultant Injured In An Accident At Work

Consultant Injured In An Accident At Work Claims Guide

This guide will aim to help you understand the steps involved in the work injury claim process. We will also discuss the criteria you must meet to pursue a claim for compensation and the evidence that could be used to help support your claim. We will also explore some of the potential causes of workplace injuries.

Finally, we will discuss how a No Win No Fee solicitor on our panel could represent you in your claim if you are eligible for compensation.

You can contact our friendly advisory team to discuss your case and receive free advice. They are available 24 hours a day, 7 days a week, to answer any queries you may have.

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How To Claim As A Consultant Injured In An Accident At Work

If you have been hired as a consultant and have been injured in an accident at work, you may be eligible to make a personal injury claim. However, you will need to prove the following:

  1. A relevant third party owed you a duty of care.
  2. This third party breached this duty of care.
  3. Due to this, you were injured in a workplace accident. A breach of duty of care resulting in injury is known as negligence.

The Health and Safety at Work etc. Act 1974 states that an employer owes each of their employees a duty of care. Under the terms of this act, employers must take reasonable and practicable steps to ensure their employee’s safety whilst they are at work and performing their work duties.

If you have been hired as a consultant, then you are owed a duty of care by your employer. If your employer fails to carry out their duty of care and you are injured, this could give you grounds to make a personal injury claim. For example, you might be a consultant on a construction site who was given faulty protective equipment by your employer for the visit.

Additionally, you will be owed a duty of care by the party that controls the space you are working in, even if they are not your employer. This party could fulfil their duty of care by ensuring the work floor is clear of any clutter and hazards and performing regular risk assessments, for example. Failure to do so could result in an accident where you are injured.

Could I Claim For A Work Accident After 3 Years?

The Limitation Act 1980 states that you have three years to start a personal injury claim. This run from the date the accident occurred.

There are some exceptions to this rule. If someone lacks the mental capacity to make their own claim, the time limit will be indefinitely frozen. During this time, the court could appoint a litigation friend to claim on their behalf. If the person were to regain the mental capacity to make their own claim, they will have three years to do so from the recovery date if one has not already been made.

For those under the age of eighteen, the time limit is paused until their eighteenth birthday. A litigation friend could claim on their behalf before this time. If a claim has not been made by their 18th birthday, the injured party will have three years to start their claim.

To find out whether you have enough time to start a personal injury claim as a consultant who was injured in an accident at work, contact our advisors.

How To Prove Liability if a Consultant is Injured At Work

If you are eligible to make a personal injury claim as a consultant after being injured in an accident at work, you will need to collect evidence to support your claim. Evidence could help with proving liability and demonstrating how you were affected by the injury you suffered.

Steps you could take towards collecting evidence include:

  • Taking down the contact details of witnesses to your injury. This is so that they can provide a statement about what happened.
  • Taking pictures of your injury and the scene where the accident happened.
  • Requesting CCTV footage of your accident happening.
  • Requesting a copy of your medical records that state the type of injury you suffered and the treatment you required.

If you are struggling to find evidence to support your claim, our panel of personal injury solicitors could help you with this task. To find out if you are eligible to work with one of the lawyers on our panel, contact one of our advisors using the information at the top and bottom of this page.

What Are The Main Causes Of Injuries In The Workplace?

The Health and Safety Executive (HSE) provide statistics on workplace accidents in Great Britain. They have recorded that in 2021/22, there were 61,713 non-fatal employee injuries, as reported by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

Among these injuries:

  • 30% were caused by slips, trips, and falls on the same level.
  • 18% were due to lifting, carrying or handling.
  • 11% were struck by a moving object.
  • 9% were injured by acts of violence.
  • 8% were injured by falls from heights.

To learn more about which types of injuries could make you eligible to claim,  contact an advisor today using the details above.

What Payout Could A Consultant Injured In An Accident At Work Claim?

If you are awarded compensation, you may receive general damages and special damages. General damages compensate you for the pain and suffering your injury has caused you.

A legal professional may refer to the Judicial College Guidelines (JCG) when valuing your claim. The JCG provides compensation guidelines for various types of psychological and physical injuries. We have used some of the brackets listed in the 16th edition of the JCG when creating the following table.

Please only refer to this table as a guide.

Compensation Guidelines

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Injury Severity Notes Guideline compensation brackets
Hand injuries Amputation of Index and Middle and/or Ring Fingers The hand’s grip will be very weak with the hand rendered of very little use. £61,910 to £90,750
Knee injuries Severe (ii) A leg fracture extending into the knee joint causing constant, permanent pain. £52,120 to £69,730
Knee injuries Moderate (i) Injuries resulting in minor instability, wasting, weakness, or other future mild disability due to a dislocation or torn cartilage. £14,840 to £26,190
Ankle injuries Severe These injuries will need an extensive period of treatment and/or a long time in plaster or with pins and plates. £31,310 to £50,060
Ankle injuries Modest injuries Injuries such as undisplaced fractures, sprains, and ligamentous injuries. Up to £13,740
Skeletal Injuries Multiple Fractures of Facial Bones These injuries will cause facial deformity of a permanent nature. £14,900 to £23,950
Skeletal Injuries Fractures of Cheekbones (ii) A simple cheekbone fracture that requires some reconstructive surgery, but there will be a full recovery. £4,350 to £6,460
Shoulder injuries Serious Damage in the lower part of the brachial plexus, with a dislocated shoulder that causes pain in the neck and shoulder. £12,770 to £19,00
Back injuries Minor (i) Injuries could include a disc prolapse, sprain or soft tissue injury. There should be a full recovery within 2 to 5 years. £7,890 to £12,510
Wrist injuries Uncomplicated An uncomplicated Colles’ fracture. In the region of £7,430

Learn More About Special Damages

Special damages compensate for the out-of-pocket costs you have incurred because of your injury. Under special damages, you could be awarded compensation for:

  • The cost of prescriptions and other medical expenses.
  • A loss of earnings.
  • Travel costs, such as taxis or buses to medical appointments.

To claim special damages, you should keep hold of any evidence regarding your financial losses, such as invoices and bank statements.

To learn more about claiming compensation as a consultant who was injured in an accident at work, contact our advisors.

How To Make A No Win No Fee Claim If Injured At Work

If you are a consultant that has been injured in an accident at work, a solicitor on our panel could help you with claiming compensation. Our panel have years of experience handling various types of personal injury claims, including those for workplace accidents. If one of them agrees to take on your case, they may offer to work with you on a No Win No Fee basis with a Conditional Fee Agreement (CFA).

When working with a solicitor under a CFA, you will not have to pay them any upfront or ongoing fees for their work on your case. Furthermore, you will not have to pay them for their services if the claim fails.

However, you will owe them a success fee if you are successful. This fee is a legally capped percentage deducted from your compensation award.

Contact our friendly team today to learn more about claiming with a No Win No Fee solicitor. Our expert advisors are available 24/7 to answer any queries you may have. They can also offer you free advice for your claim and may connect you with a solicitor on our panel.

To contact them, you can:

Find Out More About Workplace Injury Claims

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Contact our advisors if you are a consultant who has been injured in an accident at work to see whether you could make a personal injury claim.

Writer HG

Publisher NC/AI