I Haven’t Taken Time off Work, Could I still Make a Claim?
By Meg Berry. Last updated 11th January 2022. Are you wondering if you can make a personal injury claim if you haven’t taken time off work for your injuries? Whether you have taken time off work or not doesn’t have a bearing on whether you could make an injury at work claim. We will look to explain this further as we go through the guide.
Being injured in an accident is never pleasant, and when the accident is caused by someone else’s negligence it can be a frustrating and upsetting experience.
In some cases, you may find that, although you’re affected by your injuries, they don’t interfere with your ability to do your job. However, if you choose not to take time off work after an accident, this shouldn’t affect your eligibility to claim.
Our guide will offer help and advice around making a personal injury claim if you’ve not taken any time off work.
However, if you have any further questions, at the end of this guide, get in touch with us using the contact information below.
Get In Touch With Our Team
Working with a personal injury solicitor could help make the claims process smoother. Although working with a solicitor is not a legal requirement in making a claim, their experience could help you receive the compensation you’re owed.
UK Law has a team of advisers available 24/7 to offer you free legal advice regarding your claim. They can discuss your situation and assess how much compensation you could receive.
Additionally, once they’ve learned more about your injuries, they may be able to connect you with our panel of accident at work solicitors who can get started on your personal injury claim.
If you’d like to have a chat with our team, we suggest you get in touch by:
- Calling on 020 3870 4868. UK Law advisers are on hand 24/7 to discuss your situation.
- Starting your claim online.
- Using our live chat pop-up box to chat with an adviser immediately.
Select A Section To Discover More About Your Rights To Compensation If You Haven’t Taken Time Off Work
- Everything You Need To Know About Claiming If You Haven’t Taken Time Off Work
- What Claims For An Injury At Work?
- The Latest Health And Safety Statistics For UK Workplaces
- Do I Need To Take Time Off Work After Being Injured?
- What Happens If You Haven’t Taken Time Off Work?
- How Are Claims Affected If You Haven’t Taken Time Off Work?
- Injury At Work Compensation Calculator
- What Are My Rights After An Accident At Work?
- How Much Time Do I Have To Claim For An Injury At Work
- I Suffered An Injury At Work, What Should I Do?
- Can Claims If You Haven’t Take Time Off Work Be Handled On A No Win No Fee Basis?
- Other Information On What To Do If You Haven’t Taken Time Off Work
Everything You Need To Know About Claiming If You Haven’t Taken Time Off Work
Before looking at your rights following an accident you haven’t taken time off work for, this guide will examine the process of claiming after an accident at work. We will look at the duty of care your employer owes you and how to tell if they failed to uphold their duty.
This guide will go on to look at when you may need to take time off following a workplace injury. We’ll also explore how your claim might be affected if you don’t take time off work.
Furthermore, you may be wondering how much compensation you could be owed for your injuries. If so, you may find our compensation award table useful. It provides example figures to give you a rough idea of how much you could receive in your settlement package.
Additionally, we’ll explore the personal injury claims time limit and whether there are any exceptions.
We’ll also help you better understand what you should do after suffering an injury at work.
Finally, this guide will look at No Win No Fee agreements. We’ll explore how claiming on this basis could benefit you when looking at ways to fund legal representation.
What Claims For An Injury At Work?
The Health and Safety at Work etc. Act 1974 (HASAWA) states that employers have a duty of care to safeguard and protect employees as much as is practically possible. They should take all reasonably practicable steps to ensure their safety. Failure to adhere to this duty could result in employee injury or illness.
Some ways that an accident at work could happen might include:
- Faulty equipment: Employers must always ensure that equipment is safe and well-maintained by carrying out risk assessments. Failure to do so could result in injury. For example, if a ladder is faulty, an employee could fall from a height and suffer from a serious broken wrist.
- Hazards not removed, reduced or signposted: The HASAWA states that regular risk assessments should be carried out so that hazards can be identified and, if possible, removed. If a hazard cannot be removed, it should be reduced and signposted. For instance, if a low ceiling carries the risk of someone bumping their head, a sign should be displayed to reduce the risk of injury.
- Poor housekeeping: Objects on the floor, such as loose wires and cables, could cause an employee to slip, trip and fall. Because of this, walkways should be well-lit and free from obstructions to reduce the risk of injury.
- Lack of or inadequate training: All employees should be provided with adequate training for the job they’re carrying out. If an employee is injured at work because they weren’t trained or because the training they received was substandard, then they may be able to make a claim.
Often, you may still be able to carry out your normal duties after experiencing a similar accident at work. So if you haven’t taken time off work, you could still claim.
The Latest Health And Safety Statistics For UK Workplaces
According to the Health and Safety Executive (HSE), there were 51,211 injuries to employees reported under RIDDOR during 2020/21. Furthermore, there were 142 workers killed at work during the same period.
The graph below shows other statistics from the HSE relating to the number of non-fatal injuries to employees in Great Britain by kind of accident in 2020/21.
It highlights the most common kinds of accidents that caused the majority of injuries in the workplace. As you can see, slips, trips, or falls on the same level caused the highest number of workplace injuries with 16,698 injuries. These accidents were reported through the Reporting of Injuries, Diseases and Dangerous Occurrences (RIDDOR).
Furthermore, there were 9,314 injuries caused by handling, lifting or carrying reported through RIDDOR.
The statistics highlight that workplace accidents pose a real risk of injury to workers.
How Might An Accident At Work Occur?
Some injury types that might result from one of these reported accidents at work, or other types, could include:
- Broken bones. A break or fracture may be the result of a slip or fall from height or an accident involving moving equipment or machinery.
- Sprains or strains. A strain or sprain is an injury caused when a muscle or ligament is extended beyond its normal range. It could result from a slip or fall or through lifting or handling.
- Burns or scalds. If your work requires you to work with fire, steam or chemicals, you could suffer a burn injury. Not only can burns be very painful, but they can also leave the injured person with scars which can have a severe psychological impact.
- Psychological damage. You may have made your employer aware of threats a co-worker had made towards you. As a result of your employer failing to intervene, you may have experienced an act of violence from the same co-worker. As well as the physical harm you may have experienced, you may have also sustained mental harm.
If you’ve suffered from any of the injuries above due to your employer failing to take reasonable steps to prevent you from experiencing harm, you may be able to claim. Get in touch with our team on the number above to find out more.
Do I Need To Take Time Off Work After Being Injured?
If you’ve suffered a workplace injury, you may be wondering if you can return to work straight away. Whether you need to take time off work after being injured depends on whether your injuries stop you from carrying out your job. So if you haven’t taken time off work because you were still able to carry out your normal duties, it shouldn’t affect your claim.
For instance, if you’re a bricklayer and break your arm, this will impede your ability to carry out your role. However, if you’ve suffered a soft tissue injury or whiplash, you may be able to return to office work.
As you can see, it depends on the severity of your injuries, how much pain you’re experiencing, and what symptoms you have.
You should also look at whether your daily tasks at your workplace may worsen your injury. For example, a broken leg could get worse if you go back to work at a job that involves being on your feet for long periods of time, such as retail.
Moreover, you should listen to your doctor’s advice about whether or not you should go back to work straight after your injury.
Medical professionals are qualified and knowledgeable enough to know whether or not you’re fit to return to work. It’s in the best interests of your health and wellbeing that you listen to your doctor’s advice.
What Happens If You Haven’t Taken Time Off Work?
You must ensure you tell your employer about your injuries even if you haven’t taken time off work.
Your employer may want to carry out a risk assessment to ensure you’re fit to work and they aren’t giving you responsibilities that could worsen your injuries.
Moreover, if you were injured at work, your employer should ensure they minimise the risk of the hazard that caused you to be injured in the first place. In doing so, they can ensure the same accident doesn’t happen to another employee.
How Are Claims Affected If You Haven’t Taken Time Off Work?
You can still make a personal injury claim if you haven’t taken time off work for your injuries. Choosing to return to work soon after your accident doesn’t mean you didn’t still suffer due to your employer’s negligence. If your employer neglects to uphold their duty of care and you experienced harm, you may have the right to make an accident at work claim.
If you didn’t take time off work following an accident, the special damages head of your claim could be lower than if you had taken time off. This is because special damages take into consideration any loss of earnings you’ve experienced as a direct result of your injuries.
However, you could still be compensated for other financial losses, including the cost of treatment that you can’t get on the NHS or public transport costs if you’re left unable to drive.
Injury At Work Compensation Calculator
Some websites offer personal injury claims calculators. These online tools collect information on your accident and injuries and estimate the compensation you could receive. However, workplace injuries are unique and sometimes these online claim calculators simply don’t collect enough information to give you an accurate estimate for your claim.
Instead, we’ve included the most up-to-date Judicial College Guidelines figures in the table below. The table should help to give you an idea of how much compensation certain injuries may attract.
| Injury: | Severity: | Notes: | Compensation: |
|---|---|---|---|
| Mental Anguish | Severe | A fear of impending death. | £4,380 |
| Other Arm Injuries | Severe injuries | Serious injury that leaves the person little better off than if the arm had been amputated. | £90,250 to £122,860 |
| Other Arm Injuries | Injuries Resulting in Permanent and Substantial Disablement | Serious fractures to one of both forearms resulting in significant disability. | £36,770 to £56,180 |
| Injuries to the Elbow | Less Severe Injuries | Impaired function but no major surgery or significant disability. | £14,690 to £30,050 |
| Injuries to the Elbow | Moderate or Minor Injury | Simple fractures, tennis elbow syndrome, and lacerations. | Up to £11,820 |
| Hand Fractures | Total or Effective Loss of Both Hands | Extensive damage to both hands that renders them both useless. | £132,040 to £189,110 |
| Hand Fractures | Serious Damage to Both Hands | Causes permanent cosmetic disability and a significant loss of function. | £52,310 to £79,360 |
| Knee Injuries | Severe | Disruption of the joint, osteoarthritis development, lengthy treatment, loss of function, and pain. | £65,440 to £90,290 |
| Knee Injuries | Moderate | Injuries such as a dislocated knee or torn cartilage causing minor disability. | £13,920 to £24,580 |
| Ankle Injuries | Very Severe | An ankle fracture that involves serious soft-tissue damage causing deformity. | £46,980 to £65,420 |
| Ankle Injuries | Moderate | Fractures and ligamentous tears resulting in difficulty walking on uneven ground and difficulty standing or walking for long periods. | £12,900 to £24,950 |
These figures represent general damages, which is the part of your compensation that covers your physical and mental injuries. General damages are dependent on the length of time you were affected and the severity of your injuries, including the long term impact they may have had.
What Else Could I Seek Accident At Work Compensation For?
Special damages are the part of your compensation that covers the financial impact that your injuries have had on you. For example, you may have to hire a carer if your injuries mean you need help around the house. You could also claim for treatment that you aren’t able to get on the NHS.
You will not be able to claim special damages if you don’t provide evidence of your financial loss. An example of sufficient evidence could be bus tickets to prove you paid to travel to and from medical appointments.
For more information on the compensation award, you may receive, call our team rather than using an accident at work claim calculator.
Who Pays For A Personal Injury Claim?
If you make a personal injury claim against your employer, the compensation will be paid by their insurance company. According to the Employer’s Liability (Compulsory Insurance) Act 1969, it’s a legal obligation for all employers to have insurance in place.
What Are My Rights After An Accident At Work?
After sustaining an injury in an accident at work that was caused by your employer’s negligence, you may have the right to make a personal injury claim against your employer. As well as the right to claim for compensation, you have other rights after an accident at work that wasn’t your fault.
If you are employed under an employment contract, you can’t be dismissed for making a claim. You also cannot be treated differently for making a personal injury claim for an accident that was not your fault. Your employer also can’t try to force you out of your role for making a claim. This is referred to as “constructive dismissal”.
Furthermore, your employer cannot force you to go off sick from work if you’re reasonably able to do your job. So, if you haven’t taken time off work, this shouldn’t be held against you during your claim.
If you believe that your employer has discriminated against you for making a personal injury claim, get in touch with our team of advisers. They may then be able to pass you on to our panel of accident at work solicitors to start a claim.
You shouldn’t allow yourself to be treated unfairly because you’ve sought accident at work compensation for your injuries. For that reason, don’t hesitate to reach out to us for free legal advice.
How Much Time Do I Have To Claim For An Injury At Work?
If you’re wondering ‘I didn’t take time off work after my accident, can I still claim?’, the answer is yes. But even if you haven’t taken time off work, there is a time limit to making a claim for personal injury as per the Limitation Act 1980.
The general personal injury claims time limit is three years from the date the accident happened or you became aware your injuries were caused through a negligent act. However, there are some exceptions to the three-year time limit that may allow you to sue on behalf of someone else, such as:
- Child accident claims. If you’re under 18, the three-year time limit for filing a personal injury claim begins on your 18th birthday. Otherwise, if you’d like to pursue your injury claim earlier, someone could act as a litigation friend to make the claim for you up until you turn 18. For instance, a parent, solicitor or guardian to apply to act as a litigation friend to claim on your behalf.
- Lack of mental capacity. If you’re mentally incapacitated, the three-year time limit begins if you regain the capacity to make a claim yourself. Otherwise, a friend or family member could apply to become a litigation friend and file a claim for you.
If you’d like to begin the claims process today, you can get in touch with our team of advisers to have a chat about your injuries. If they think your claim has a good chance of success, they may be able to connect you with our expert panel of personal injury solicitors.
Furthermore, they could provide further details on the time limits and exceptions that may apply to your specific case.
I Suffered An Injury At Work, What Should I Do?
After suffering an injury at work, the first thing you should do is seek medical attention. This means you’ll receive the correct medical treatment for your injuries.
Furthermore, seeking medical treatment means you can use medical reports as evidence in your claim. You may also be invited to attend an additional medical exam to produce a report on the full extent of your injuries.
Medical evidence is useful in determining to what extent your injuries have impacted your quality of life in the long term.
After this, you should gather any other evidence you have to strengthen your injury claim. This could be details of your injury in an accident book, CCTV footage, pictures of your injuries and witness statements that show that the accident wasn’t your fault.
Additionally, you can provide evidence of any financial losses you’re claiming under special damages. This could be receipts or bank statements to prove your injury impacted you financially.
The final step is usually to contact a personal injury solicitor. A personal injury lawyer could help your case run more smoothly and may maximise the compensation you could receive.
At UK Law, our panel of accident at work solicitors could help you with your claim once one of our advisers has assessed your case.
Can Claims If You Haven’t Taken Time Off Work Be Handled On A No Win No Fee Basis?
A No Win No Fee agreement, or a Conditional Fee Agreement, is a contract between you and your solicitor. It sets out the terms that need to be met in order for the solicitor to get paid for any work they complete on your claim. It also means that you don’t need to pay anything upfront in order for them to start working on your case.
In addition, if your case fails, you won’t need to pay solicitor fees. If your case is successful, your solicitor will deduct a legally capped percentage from your compensation. This percentage will be discussed with you beforehand and will be set out in the agreement you sign.
Please note, you’re not obliged to continue with our services after receiving free legal advice from one of our advisers. However, if they think your claim has a good chance of success, an adviser can connect you with our panel of personal injury solicitors.
Contact Our Team
Whether you require more information about if you haven’t taken time off work after sustaining an injury or are ready to start your claim, use the details below to get in touch:
- Telephone: 020 3870 4868. Our advisers are available 24/7 to chat with you over the phone.
- Our online claims service.
- The online pop-up live chat box to receive an immediate reply.
Other Information About What To Do If You Haven’t Taken Time Off Work
Visit our guide on manual handling claims if you have experienced harm in a similar accident.
For more information on getting more money from an injury claim, see our guide.
If you need more information on self-employed accident claims, our guide could help.
If you think you may be suffering a broken bone injury, this NHS guide shows the signs, treatments, and recovery process of a fractured bone.
Find out if you’re eligible for Statutory Sick Pay (SSP) for any time taken off work following an accident.
Find out what kinds of accidents legally need to be reported to RIDDOR by your employer.
Thank you for reading our guide about how to make a claim if you haven’t taken time off work. If you require any further information, please call our team on the number above.
Writer HL
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