Claiming Compensation For Different Types Of Accidents In The Workplace
In the guide, we browse different types of accidents in the workplace and when you might be able to claim compensation for suffering an injury after a workplace accident.
Certain accidents, near misses and injuries, need to be reported to the Health and Safety Executive (HSE), Great Britain’s workplace health and safety regulator under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). The HSE uses these reports as well as self-reports from the Labour Force Survey, to compile statistics that they go on to publish on its website.
According to the Health and Safety Executive (HSE) from the Labour Force Survey, there were 561,000 non-fatal injuries to workers reported from 2022-2023 in Great Britain.
After we discuss a few different types of accidents in the workplace and the most common cause of injury at work, we will explain what legal responsibility employers have to protect you as an employee whilst at work.
From this, we look at how compensation payouts are calculated for a successful accident at work claim.
The end of this guide delves into the benefits of making a worker’s compensation claim under a No Win No Fee type of contract. Our panel of specialist solicitors can offer you this if you are connected to them. So, speak with our team of advisors today to potentially begin your claim:
- Call 020 3870 4868.
- Submit your details on our form to start your claim online.
- Chat in our live message feature.
Jump To A Section
- Types Of Accidents In The Workplace
- When Could I Claim For Accidents In The Workplace?
- Payouts For Different Types Of Accidents In The Workplace
- How A No Win No Fee Accident At Work Solicitor Could Help You
- Read More About Claiming For Different Types Of Accidents In The Workplace
Types Of Accidents In The Workplace
Below are some common types of accidents in the workplace and common workplace injuries.
Trips, Slips And Falls On The Same Level
Out of all of the non-fatal workplace injuries that were reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) between 2022-2023, slips, trips, and falls on the same level were by far the most common type of workplace accidents, accounting for 32%.
Here are some examples of how a slip, trip and fall accident at work could happen due to employer negligence:
- Not displaying any wet floor signs over a spillage. If there is a spillage, they should put down a wet floor sign to warn others of the hazard.
- Not fixing poor conditions. For example, if there is poor lighting on a stairwell, they should repair the issue as soon as is reasonably possible to ensure that employees can see their footing clearly.
- Not removing all obstructions, such as trailing cables or debris. Employers should remove, as much as is reasonably possible, anything in the way of walkways to reduce the possibility of a tripping accident.
Slips, trips and falls could lead to injuries such as broken bones, back injuries, and neck injuries, as well as others.
Manual Handling Injuries
Manual handling accidents were the second most common type of workplace incident leading to a non-fatal injury reported under RIDDOR between 2022-2023, accounting for 17%.
Here are some examples of how a manual handling accident at work could happen due to employer negligence:
- Not providing adequate manual handling training. Employers have a responsibility to train their employees appropriately in order for them to complete workplace tasks safely. If an employee receives no manual handling training, they could injure themselves by using a poor lifting technique.
- Not disclosing the weight distribution of a load. When asking an employee to lift an object, such as a delivery box, employers should disclose the centre of gravity of the load to inform employees of how they can safely manually handle it.
- Not risk assessing the task. For example, an employer asks an employee to move the delivery of boxes from the van to the warehouse. The employer does not complete a risk assessment. The boxes are much too heavy for one person to carry alone. The employee suffers a herniated disc as a result.
Manual handling accidents could lead to injuries such as crush injuries, back problems, and musculoskeletal disorders as well as others.
Struck By A Falling Object
Being struck by a falling object made up 11% of all non-fatal workplace injuries reported under RIDDOR between 2022-2023.
Here are some examples of how an employee could be hit by a falling object at work due to employer negligence:
- Poor maintenance. For example, the employer was made aware of a shelf in the warehouse that was not secure. The employer failed to have this shelf repaired. The shelf, thus, collapses, hitting an employee on the head.
- Not providing any Personal Protective Equipment (PPE). For example, on a construction site, an employee was not provided with the necessary PPE to do their job safely, such as a hard hat. Debris fell as a building was being demolished, some landing on the employee’s head, causing a head injury.
- Not providing proper training on lifting machinery, such as a workplace forklift truck. An employee could be asked to use a forklift truck without training on how to operate it. Therefore, they can lose control of the vehicle, causing the objects on the forklift truck to fall and hit another employee.
Being hit by falling objects could cause injuries such as crush injuries, broken bones, brain damage and other head injuries, as well as others.
Tripping And Falling From Heights
8% of all non-fatal workplace injuries reported under RIDDOR between 2022-2023 were due to falling from a height.
Here are some examples of how a fall from a height at work could happen due to employer negligence:
- Lack of risk assessments. For example, an employer does conduct a risk assessment on a roof before work commences. The roof caves, and all the employees fall to the ground.
- Not providing safety harnesses. An employee could fall in a roofing accident if they were not given a safety harness to wear and there was no scaffolding protection.
- Not giving sufficient breaks. An employee could fall from a height due to exhaustion if their employer does not give them regular breaks.
Falls from a height could lead to life-changing and serious injuries such as paralysis, head injuries or brain injuries, and fatalities, as well as others.
Workplace Violence
8% of all non-fatal workplace injuries reported under RIDDOR between 2022-2023 were due to workplace violence.
To be eligible to make a claim against your employer for violence in the workplace your employer must be aware of the violent tendency of the other employee but failed to carry out any safe guarding, which in turn resulted in you being assaulted. Or, if you work in an industry where you are at risk of being attacked, your employer must ensure that they put safety measures in place, such as ensuring there are sufficient numbers of staff on duty.
However, if it is deemed that your employer is not at fault for the violent attack, it may still be possible to claim. Call our advisors to see about making a claim through the Criminal Injuries Compensation Authority CICA.
There are other incidents in the workplace that you could also claim for, such as electrical accidents. Speak with our team for free about your specific workplace accident to discuss what your next options could be.
When Could I Claim For Accidents In The Workplace?
Different types of accidents in the workplace can take place however, in order to be eligible to make a personal injury claim after an accident at work, it must be proven that your employer is liable for the injury you suffer.
As outlined in the Health and Safety at Work etc. Act 1974, all employers have a legal duty of care to their employees. They must take reasonable and practicable steps to secure the safety and welfare of their employees while they are working.
Some reasonable and practical steps that employers are expected to take include regularly risk assessing the working environment, maintaining equipment, and facilities, responding to any reported potential hazards as soon as is reasonably possible, and giving employees the appropriate PPE and training so that they can perform workplace tasks adequately and safely.
As such, to have valid means to start a personal injury claim after an accident occurs at work, these criteria must all be met:
- Your employer owed a duty of care to you (in certain workplaces there maybe other entities that also owe a duty of care).
- The employer breached their duty of care.
- You were injured from this breach of duty.
You must also start your claim within the personal injury claims time limit. Contact our advisors today to confirm whether you have valid means to begin an accident at work claim and whether you are within the limitation period.
Payouts For Different Types Of Accidents In The Workplace
The payout that may be given for different types of accidents in the workplace may be divided into two heads of claim.
The first head of claim is called general damages and is guaranteed to be awarded if a workplace injury claim is successful. General damages compensate for the physical and psychological effects sustained following an accident at work because of employer negligence. As such, some considerations when the value of this head of claim is being determined include:
- The severity and extent of the pain.
- What the estimated recovery time is.
- What changes to quality of life have there been.
During the personal injury claims process, it is probable that you will be asked to undergo an independent medical assessment. The medical report made from this assessment will be used to help determine the value of this head of claim. The Judicial College Guidelines (JCG) can also be used to help determine the value of this head of claim.
The JCG is a document that has guideline compensation figures for different types of physical and psychological injuries, varying at different severities.
Guideline Compensation Table
This table has some different types of physical injuries that may result after an accident at work and each of their guideline compensation brackets as found in the JCG. However, none of the compensation brackets in the JCG can be guaranteed since every claim is completely unique.
Injury | Severity | Guideline compensation figures | Comments |
---|---|---|---|
Multiple very serious injuries with special damages | Very Serious | Up to and above £1,000,000+ | Multiple injuries of a very serious nature with the financial losses you have incurred for them, such as home adaptations and lost wages or earning potential. |
Paralysis | Tetraplegia | £324,600 to £403,990 | In the mid-range of this bracket is for cases in which the injured person is not in physical pain, has full awareness of their disability, has an expectation of life of 25 years or more. |
Paraplegia | £219,070 to £284,260 | Increasing paralysis or the degree of risk that this will occur may take the case above this bracket | |
Brain damage | Very severe (a) | £282,010 to £403,990 | The person will likely only have some ability to do basic commands and they will need nursing care full time. They will also show little to no evidence of meaningfully responding to their environment |
Moderately severe (b) | £219,070 to £282,010 | The person will need professional care constantly and depend on other substantially. Their disabilities will be physical or cognitive. | |
Moderate (c) (i) | £150,110 to £219,070 | Cases where the person will have an intellect deficit that is moderate to severe, a change in personality, and no prospect of future employment. | |
Hands | Effective or total loss of both hands (a) | £140,660 to £201,490 | Serious injury to the hands that results in extensive damage and renders both hands little more than useless. |
Effective or total loss of one hand (c) | £96,160 to £109,650 | A crushing injury to one hand that results in it needing to be surgically amputated. | |
Back | Severe (a) (i) | £91,090 to £160,980 | Severe damage to the nerve roots and spinal cord. The person will be in extreme pain and they will be disabled with a combination of a significantly impaired bowel and bladder, and incomplete paralysis. |
The first line has not been taken out of the JCG.
Special Damages
The second head of claim is called special damages and is only sometimes awarded if a workplace injury claim is successful. Special damages compensate for the financial losses you have incurred from the injuries you have sustained following an accident at work because of employer negligence. As such, some types of financial losses which could be compensated include:
- Loss of earnings for having time off to recover from your injuries.
- Medical costs.
- The cost of making home and car adaptations if your injuries are long-lasting. E.g. making your home wheelchair accessible.
Keep any receipts, invoices, payslips, etc., to prove your financial losses this will increase the possibility of receiving a special damages payout.
Feel free to ask us for more information regarding how much compensation could be awarded after suffering a workplace injury.
How A No Win No Fee Accident At Work Solicitor Could Help You
If you have valid means to claim compensation, then you could be connected to our panel of No Win No Fee personal injury solicitors. The specific type of No Win No Fee agreement that they could offer you is called a Conditional Fee Agreement (CFA).
CFAs are greatly beneficial for you as the claimant because you will not need to pay the fees for your solicitor’s work that they do on your case:
- Before the case begins.
- During the case process.
- If your case is unsuccessful.
Instead, if your case is successful, a success fee will be deducted from your compensation. A success fee is a legally capped percentage, to ensure further that you receive the larger part of your compensation.
Contact Us nn
Don’t hesitate to contact our team today if you have been injured at work due to your employer breaching their legal duty of care. Our panel of solicitors could potentially support you, offer legal advice, and make the process of claiming compensation as easy for you as possible. To see whether you can be connected to our panel of specialist solicitors in a free consultation, get in touch with us:
- Call 020 3870 4868.
- Submit your details on our form to start your claim online.
- Chat in our live message feature.
Read More About Claiming For Different Types Of Accidents In The Workplace
Read more of our guides about workplace accident claims:
- Look into making a compensation claim for a fatal accident at work on behalf of someone you know.
- A compensation claims guide if you were injured at work because you had no training to perform a specific task.
- Read about what your rights are after being in an accident at work.
See information from external resources which you may find helpful:
- Gov.UK – how to request CCTV footage of yourself which you could use as evidence for your case.
- HSE – information on who should report a workplace injury under RIDDOR.
- Gov.UK – an overview on how to receive Statutory Sick Pay (SSP) for having time off work to recover from your injuries.
We hope that this guide about types of accidents in the workplace and how to claim compensation has been useful and insightful. Our contact services are available 24/7 and we can help with any questions you have.