Who Could Be Eligible To Make A Workplace Accident Claim?
This guide will look at whether you’re eligible to make a workplace accident claim for injuries sustained at work. There are various types of accidents that could occur in the workplace, such as:
- Slip, trip and fall accidents
- Machinery accidents
- Accidents involving manual handling
- Falls from a height
- Assaults at work
In some cases, your employer may have caused you to sustain harm in a similar accident at work by acting negligently. If you have experienced a similar situation, you may be able to seek compensation for the harm you experienced.
This guide will explain how to claim compensation for injuries, including the evidence you could obtain to build a strong case.
If you need any additional information, we could help. Our advisors can answer any questions you may have with regard to your claim. Also, they could assign an injury lawyer from our panel to manage your claim.
To find out more, use the details below to get in touch:
- Phone number: 020 3870 4868
- Contact form: Fill out the form to claim online
- Live chat: Speak with an advisor using the live chat function.
Select A Section
- Am I Eligible To Claim For A Workplace Accident?
- What Workplace Accidents Could I Claim For?
- Injuries You Could Be Eligible To Claim For
- What Steps Do You Go Through To Make A Workplace Accident Claim?
- What Could I Claim For After A Workplace Accident?
- Get In Touch With Our Team
Am I Eligible To Claim For A Workplace Accident?
The Health and Safety at Work etc. Act 1974 states that employers have a duty of care to protect their employees from sustaining harm.
The duties they have will vary depending on the workplace but generally, they might include carrying out regular risk assessments to identify potential health and safety hazards. The employer is also responsible for removing or reducing the risk of hazards on their premises.
If your employer has breached the duty of care they owed you, and you suffered an injury as a result, you may be eligible to claim compensation. Call our team for more information about making a workplace accident claim.
What Workplace Accidents Could I Claim For?
You could claim compensation following a workplace accident that caused you to experience harm due to your employer acting negligently. Examples of these might include:
- Slips, trips or falls: Your employer may have failed to regularly assess and maintain equipment at work. As a result, you may have suffered from a broken leg after falling from a defective ladder.
- Manual handling accidents: These types of accidents could happen if workplaces do not adequately train their employees to safely lift and carry heavy objects.
- Being hit by an object: If objects in a warehouse are not stored safely and correctly, they could fall from a shelf or rack. A moving object could then hit a worker causing them to sustain a minor head injury.
- Being hit by a vehicle: You may have been hit by a forklift truck due to your employer failing to provide the other employee with adequate training on using the equipment.
What Accidents Happen In The Workplace?
According to the self-reports from the Labour Force Survey, 441,000 people sustained a non-fatal injury at work in 2020/21.
In addition, 142 workers were killed in fatal accidents at work over the same period according to reports made by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
According to RIDDOR, the main kinds of fatal accidents to workers included:
- Falls from height
- Struck by a vehicle
- Struck by a moving object
- Trapped by something that has collapsed
- Being hit with moving machinery
Injuries You Could Be Eligible To Claim For
A workplace accident could cause various injuries, such as:
- Broken or fractured bones such as a broken wrist injury
- Head injuries including a traumatic brain injury
- Crush injuries
- Soft tissue injuries including sprains and strains
However, it’s important to note that not all workplace accidents and injuries are caused by an employer acting negligently. In these cases, a claim may not be possible.
For more information on whether you’re eligible to put forward a claim, please get in touch on the number above.
What Steps Do You Go Through To Make A Workplace Accident Claim?
As part of the workplace accident claims process, you should aim to gather evidence that could support your claim, such as:
- Medical evidence such as your medical report
- Photographs of your injuries
- Photographs of the hazard that caused your injuries
- CCTV footage of your accident at work
- Contact details from witnesses
Additionally, you may wish to seek legal advice from a solicitor. A solicitor from our panel could help you gather evidence to support your claim.
They could also organise an independent medical appointment for you to attend. The appointment could produce a report on the full extent and current state of your injuries which can be used as additional evidence.
What Could I Claim For After A Workplace Accident?
Your compensation payout for a successful workplace accident claim may include general damages to pay for the pain, suffering and loss of amenity your injuries caused.
Moreover, you may receive special damages. Special damages will reimburse you for any expenses or financial losses associated with your injuries. These might include loss of earnings or care costs. However, you must provide evidence such as payslips or receipts.
General damages are often calculated using medical evidence which can highlight:
- The severity of your injuries
- The impact they have had on your quality of life
Alongside medical evidence, your claim may be valued with help from the Judicial College Guidelines publication. This provides guideline compensation brackets for several injuries. We have used these figures in the table below but you should only use them as a guide because your actual settlement will vary.
Type Of Leg Injury | Damages | Comments |
---|---|---|
Less severe brain damage (d) | £14,380 to £40,410 | Not all function may have been restored and there could be issues with memory, mood and concentration. These factors could interfere with leisure, future work prospects or general lifestyle. |
Moderate neck injury (b) (iii) | £7,410 to £12,900 | Where an existing injury has subsequently been made worse or has been exacerbated over a shorter period of time. |
Moderate back injury (b) (ii) | £11,730 to £26,050 | May include common back injuries such as those affecting the muscles or ligaments. Pre-existing injuries may be made worse. |
Moderate shoulder injury (c) | £7,410 to £11,980 | A frozen shoulder which limits the person’s ability to move the shoulder. |
Chest injury (b) | £61,710 to £94,470 | A traumatic injury affecting the lungs or chest. It may have also affected the heart and could cause permanent damage. |
Forearm fracture (d) | £6,190 to £18,020 | A simple fracture of the forearm bone(s). |
Moderate pelvic injury (i) | £24,950 to £36,770 | Significant pelvic or hip injuries. They should not cause any major permanent disability. |
Moderate leg injury (iv) | £26,050 to £36,790 | Injuries in this bracket may include multiple or complicated leg fractures. They will typically affect one leg. |
Moderate ankle injury (c) | £12,900 to £24,950 | Ligament injuries and/ or fractures which might lead to a less serious disability. |
Serious foot injury (e) | £23,460 to £36,790 | Injuries which lead to pain caused by traumatic arthritis. |
For more information on how compensation is calculated, call our team on the number above.
Get In Touch With Our Team
We hope you have a better idea of how to make a workplace accident claim. However, if you need any further information, please get in touch with our team. They can answer any questions you might have.
In addition, they could provide a free assessment of your case. If they feel it has a chance of success, they could assign a solicitor from our panel to represent your case on a No Win No Fee basis.
This means you won’t be asked to pay an initial cost upfront or any costs that incur while your claim is ongoing.
For successful claims, a success fee will be deducted from your compensation as a legally capped percentage. However, if the claim isn’t successful, the success fee won’t be taken.
For more information, please get in touch on the details below:
- Phone number: 020 3870 4868
- Contact form: Fill out the form to claim online
- Live chat: Speak with an advisor using the live chat function.
Resources
The following are guides you might find useful.
- Calculating Personal Injury Loss Of Earnings Settlements
- Broken Knee Compensation Claims
- What Is The Weight Limit For Manual Handling?
The following are external resources you may find beneficial.
- If you require any medical advice, please visit the NHS website.
- Visit the HSE website about the specified injuries that are reportable to RIDDOR.
- See the HSE website for general workplace accident statistics.
We appreciate you taking the time to read our guide on workplace accident claims. However, if you need any more information, please get in touch with our team.