How Do Accident At Work Claims Work?

This guide will aim to answer the question, “how do accident at work claims work?”. After an accident in your workplace caused by negligence, the prospect of handling a claim for personal injury may seem daunting. This guide aims to explain simply the steps involved in making an accident at work claim.

How accident at work claims work

How accident at work claims work

Whether it was a slip or trip, a fall from a height, or an injury caused by malfunctioning machinery, this guide will provide you with the information you need to claim. You can speak with our team right now if you prefer by:

They can offer free advice or possibly connect you with our panel of solicitors to take up your claim. Alternatively, please read on through the sections below.

Select A Section

  1. How Do Accident At Work Claims Work?
  2. Pre-Action Protocols And The Claim Notification Form
  3. Will My Accident At Work Claim Go To Court?
  4. How Long Does A Work Accident Claim Take?
  5. Accident At Work Claims Calculator
  6. How Do Accident At Work Claims Work? Contact Us To Find Out

How Do Accident At Work Claims Work?

Employers have a duty of care to do all that is reasonably practicable to protect employee safety and wellbeing whilst at work.

Outlined in the Health and Safety At Work etc Act 1974, these legal requirements mean that employers must take steps to provide and maintain a work environment as free of risk as possible. If they fail by breaching these laws, they can be liable to compensate you for any injuries that you sustain.

In order to claim compensation, you need to show that the following three criteria apply:

  • You were owed a duty of care
  • This duty was breached
  • You were injured as a result

It’s imperative that all three of these apply in order for you to make a successful claim. For example, if you were involved in an accident as the result of negligence but did not sustain any injuries, you would not be entitled to claim.

For more information on how accident at work claims work, speak with our team.

Pre-Action Protocols And The Claim Notification Form

Understanding how an accident at work claim works starts with specific steps. These should be completed by both sides before the case needs to come before the Courts and are called ‘pre-action protocols’. They vary according to the type of case and the ones below relate to personal injury claims.

Briefly, the steps are:

  • Letter of Notification – this is a formal letter that tells your employer you plan to start a claim for injury compensation against them.
  • Rehabilitation – assesses what immediate steps could be taken to help the claimant access urgent medical needs.
  • Letter of Claim – Two copies of this letter will be produced. The first goes to the employer, the second to their insurer. It details a clear summary of the facts, nature of the accident and details of any injuries being claimed for.
  • The response – the defendant has 21 calendar days from the date of posting of the letter of claim to acknowledge that they received it. The defendant then has a maximum of three months from the date of acknowledgement of the Letter of Claim to investigate.
  • Disclosure – this is to promote an early exchange on both sides of relevant information. For example, it might include documents related to special damages.
  • Experts – this will usually be a medical report from an independent expert.
  • Negotiations – if the other party admits liability for your injuries, this can be an opportunity to assess potential past and future compensation amounts.
  • Alternative Dispute Resolution (ADR) – these protocols state that litigation should be a last resort; ADR is a means of settling a case before it goes to court if an outcome can’t be negotiated, for example through mediation or arbitration.

Admission of Liability

If the employer agrees that they are responsible for the accident and subsequent injuries, the case can proceed to settlement and their insurers will compensate you. Once the employer has admitted liability, they may offer a compensation amount to you, which once accepted, would conclude your claim.

For this reason, it can be beneficial that you seek good legal advice to know exactly when to accept or decline any such offer after an admission of liability. They can also offer guidance on how accident at work claims work.

Will My Accident At Work Claim Go To Court?

Straightforward cases can often be resolved without needing to go to court. If the court does decide to go forward with your claim, court dates and proceedings are sent to all parties.

Reasons that a claim may go to court include:

  • Parties fail to agree to a compensation settlement: if a settlement cannot be agreed upon and the matter can’t be resolved through ADR, it may need to go to court.
  • The defendant fails to respond to the claim: Occasionally, a defendant simply fails to respond to a personal injury claim. In instances like this, the claim needs to go to court to ensure the defendant attends hearings.

Legal representation can help if your personal injury claim goes to court. Get in touch with our team of advisors today; you could be connected with a solicitor from our panel to work on your claim.

How Long Does A Work Accident Claim Take?

There are no set timescales once a claim has begun but there is a general three-year time limit for starting a personal injury claim under the Limitation Act 1980. There are exceptions to this, however; get in touch for more information.

Each case differs depending on the complexity of the injuries and medical evidence presented. The point of pre-action protocols is to provide a rough timetable for both sides to follow. However, a claim could take between 6 – 12 months to resolve.

For more information on how accident at work claims work, as well as the typical time limits that are associated with them, speak to an advisor.

Accident At Work Claims Calculator

An accident at work claim could work for you by comparing your injuries as detailed in your medical report with those listed in the Judicial College Guidelines. These guideline compensation brackets offer ‘general damage’ award amounts for pain, suffering, and loss of amenity caused by the injuries.

Below, we’ve included a table that illustrates excerpts from these guidelines:

Edit
Injury severity JC Guideline award bracket description
Brain Moderate (c) (i) £140,870 to £205,580 Moderate to severe impact on speech, senses and personality
Neck Severe (a) (i) In the region of
£139,210		 Little to no movement and severe, ongoing headaches.
Shoulder Severe (a) £18,020 to £45,070 These injuries will result in significant disability.
Arm Resulting in permanent substantial disablement (b) £36,770 to £56,180 Serious fractures causing functional or cosmetic disability.
Wrist (b) £22,990 to £36,770 Permanent disability but some remaining useful movement
Digestive system Severe (a) (iii) £6,190 to £11,820 Penetrating stab wound or industrial laceration
Leg Severe (b) (i) £90,320 to £127,530 These injuries are the most severe short of amputation
Knee Severe (a) (i) £65,440 to £90,290 Where the joint has been disrupted and treatment is lengthy
Lungs Asbestos-related issues (a) £65,710 to £118,150 Severe pain and quality of life impacted
Eye Injuries affecting sight (g) £8,550 to £19,690 Minor permanent impaired vision in one or both eyes

Also, you may be able to present proof that you suffered financially from the injuries. This must be in the form of solid documentation such as receipts, bills, or wage slips showing loss of earnings, or the need for medical or domestic help.

These amounts can be included under the special damages head of your claim. With this in mind, why not speak to our advisors to see what you could be entitled to claim? They could also offer guidance on how accident at work claims work.

How Do Accident At Work Claims Work? Contact Us To Find Out

Once you have decided to work with a personal injury solicitor, they could represent you under a No Win No Fee agreement. This kind of agreement means that:

  • There are no upfront fees to hire the solicitor
  • You won’t have to pay your solicitor any fees as the case moves ahead
  • There is nothing to pay your solicitors at all if the case fails
  • A legally capped ‘success fee’ is taken from your settlement if the case wins

Therefore, a No Win No Fee agreement could mean that you are able to access quality legal representation, without the upfront costs that are usually associated with this. Find out more about how accident at work claims work and whether you can sue your employer by:

How do accident at work claims work? – Related Advice

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