No matter what precautions are put in place, accidents at work can and do happen under varying circumstances. Injuries caused by work accidents and employer negligence can range in severity from minor lacerations and sprains to broken bones, amputations, severe burns and sometimes sadly, even fatalities. Importantly, if you’ve been injured in an accident at work and you believe your employer was in some way to blame, you may be eligible to make an accident at work claim for compensation.
Our team of claims advisors are always available if you have any questions about claiming compensation for an accident at work. If you contact them by phone, email, or live chat, they can provide free advice and review what’s happened to you. If there are enough grounds to proceed, they could forward you on to one of our personal injury solicitors to start your claim on a No Win No Fee basis.
Please continue reading to learn more about the accident at work claims process and your options. For additional information or free advice, feel free to contact our team on 0800 6524 881.
Table of contents
- Am I Eligible To Make An Accident At Work Claim?
- What Can I Make A Work Accident Claim For?
- Common Injuries At Work Compensation Could Be Claimed For
- How Much Compensation For An Injury At Work Could I Claim?
- Accident At Work Claim Calculator
- Evidence To Support Accident At Work Claims
- Time Limits For Claiming Accident At Work Compensation
- How Long Does An Accident At Work Claim Take?
- Accident At Work Solicitors
- Caveat To Making A Work Accident Claim
In the UK, employers and business owners are legally responsible for the welfare and safety of their staff and any visitors to their premises. The legal clause states that all businesses must compulsorily hold insurance (Employers’ Liability Insurance) and conform to Health & Safety regulations to ensure that they meet those guidelines.
Therefore, if you can prove that your employer failed to meet their legal responsibilities and negligence has led to you being injured at work, you can claim compensation by filing an accident at work claim. If your claim for a workplace injury is successful the compensation would be paid from the employers’ liability insurance.
In certain circumstances, even if you contributed to your own accident at work, you may still be able to claim injury compensation if your employer is deemed to have been the main instigator of your personal injury at work.
As mentioned above, you may still be able to claim compensation for an accident at work even if you were partly to blame. However, any compensation awarded may be reduced to reflect the extent to which you were responsible for the accident.
For example, you were injured when you fell off a ladder. The ladder had a broken rung, but you still decided to use it, which contributed to the accident. After an investigation, it was found that you were 25% responsible for your fall due to your decision to use the ladder, and your employer was 75% responsible for failing to repair or replace the ladder. In this case, you may still be able to claim compensation for your injuries, but the compensation amount would be reduced by 25% to account for your contributory negligence.
Please contact us if you were partly to blame for an accident at work for free advice.
Many claimants worry about being fired if they claim against their employer after being injured at work. However, employers are not allowed to discriminate or retaliate against employees who make an accident at work claim for a legitimate reason. If your employer does sack you for making a claim, it could be considered an unfair dismissal, for which you could take legal action against them.
However, we’d advise discussing your work accident with a solicitor on our team who can advise you based on your specific circumstances and any potential legal implications of making a claim against your employer.
You may have a valid basis for a work accident claim if you are injured at work for example for any of the below-mentioned reasons and have suffered a personal injury:
- Non-adherence to Health & Safety regulations.
- Negligence of work colleagues.
- Insufficient or improper training.
- Assault at work.
- Accident while operating a forklift.
- Faulty lifting and manual handling practices brought on by lack of training.
- Industrial injuries such as hand-arm vibration syndrome or vibration white finger.
Please feel free to call/contact us if you want further advice or are indeed looking for accident-at-work solicitors to handle a claim that you feel you may have.
There is of course an almost endless list of injuries at work that an employee could suffer directly due to the negligence of their employer. However, some of the most common work injuries that compensation is often claimed for include:
If your injury is listed above (or even if it isn’t) and you think your employer was in some way to blame, please contact us if you’d like to discuss taking legal action.
How much compensation you might be able to claim for an injury at work varies due to various different factors. These will include how severe your work injury is, do you need to take time off from work to recover, and if you do for how long, who else may be affected by your work injury such as family members and so forth.
The best way to get a good idea of the amount of compensation you might receive is to have a free initial consultation with one of our solicitors or trained advisors by phone so that we can assess your situation properly.
We can also advise you of exactly what our fees will be if you want us to take your claim on, which would be on a No Win No Fee basis. However, we have listed below various workplace injuries and the advised levels of compensation.
- Extremely severe head injury. Victims who are unresponsive due to severe brain damage and are unresponsive or what might be referred to as a vegetative state. £282,010 – £403,990.
- Moderately severe head injury. Serenely disabled from brain damage, lost feeling in limbs, change in personality and/or a mental disability. £219,070 – £282,010.
- Moderate head injury. Cases where memory may be affected with a reduced ability to work to more severe cases where there is no chance of being able to work, change in personality, high risk of epilepsy. £43,060 – £219,070.
- Mild head injury. Head injuries which haven’t caused brain damage or very minimal brain damage but the head injury might still have lasting effects. £15,320 – £43,060.
- Extremely severe facial injury. Facial disfigurement and severe scarring might warrant somewhere in this range of injury compensation. The severity of the injury shall determine how much compensation is awarded. £29,780 – £97,330.
- Moderate to severe facial injury. This compensation range covers simple fractures to multiple fractures and breaks to the facial area, for example the nose. £9,110 – £48,420.
- Mild face injury. These amounts cover less severe scarring to what might be considered trivial scars. £1,710 – £13,740.
- Totally blind and deaf. The most devastating injuries. In the vicinity of £403,990.
- Extremely severe eye injury. Loss of sight in one eye and some loss in the other, or loss of sight in both eyes will receive the maximum compensation. £54,830 – £268,720.
- Moderate to severe eye injury. This range of injury compensation is awarded with very restricted vision in a single eye or loss of sight in one eye. £9,110 – £54,830.
- Mild eye injury. Struck/hit in the eye, smoke in the eyes, liquids in the eyes, causing temporary loss of vision. £2,200 – £8,730.
- Temporary eye injuries where full recovery takes but a few weeks. £2,200 – £3,950.
- Severe nose injuries. Serious/multiple fractures to the nose that will have resulted in permanent damage and/or requiring a number of operations to repair. £10,640 – £23,130.
- Less severe nose injuries, for example displaced nose fractures where there has been complete recovery after surgery £3,950 to £5,100.
- Moderate nose injuries such as displaced nose fractures that do not need surgery. £2,520 – £3,150.
- Mild nose injuries. Example being simple undisplaced fractures with full recovery. £1,710 – £2,520.
Ear injuries/hearing loss
- Extremely severe ear injury. Complete loss of hearing because of the injury. £90,750 – £109,650.
- Moderate to severe ear injury. Complete hearing loss in one of the ears. The final compensation amount will depend on how the hearing loss affects the person. £31,310 – £45,540.
- Mild ear/hearing injury. Hearing loss in one or both ears and for those that now suffer with tinnitus because of the injury or the work environment. £££’s – £45,540.
- Extremely severe neck injuries. Very severe neck injuries, those causing movement problems to other parts of the body. £45,470 – £148,330.
- Moderate to severe neck injury. Neck fractures, causing pain when moving, causing stiffness and inability to use the full movement of the persons neck. £7,890 – £38,490.
- Mild neck injury. Whiplash type injuries, can depend on the length of time the injury lasts, how painful the injury is and what the long-term prognosis is. Up to £7,890.
- Severe shoulder injuries. Paralysis, limb numbness, restriction in movement because of the injury in the neck and shoulder. £12,770 – £48,030.
- Moderate shoulder injury. Damage to the shoulder that might last for a considerable length of time and that restricts the movement in the persons arm and elbow. £7,890 – £12,770.
- Mild shoulder injury. Damage to soft tissue that should recover within the year or slightly longer, and causes or has caused moderate pain. Up to £7,890.
- Severe back injury. Severe injury to the upper or lower back, possibly causing paralysis or any relating issues to organs in the lower parts of the body. £38,780 – £160,980.
- Moderate back injury. Covering a wide range of back injuries such as compression of the lumbar vertebrae, ligament or soft tissue damage, any constant pain and/or any discomfort. £12,510 – £38,780.
- Mild back injury. Strains and sprains, soft tissue injuries, a slipped disc, muscle pain. Factors such as recovery time and treatment would also be considered. Up to £12,510.
- Extremely severe arm injuries. Amputation of both complete arms, the amputation of a single arm, or whether an arm is amputated partially or completely. Future restrictions will also be considered. £96,160 – £300,000.
- Severe arm injuries. For major restriction and disability present in one or both the arms and causes significant pain and suffering. £39,170 – £130,930.
- Less severe arm injury. Restriction in movement and/or disability in the arms but there is substantial recovery. £19,200 – £39,170.
- Simple forearm fractures. £6,610 – £19,200.
- Extremely severe elbow injury. Total restriction in elbow movement that has now caused a disability or that has needed surgery. £39,170 – £54,830.
- Less severe elbow injury. Causing restriction of movement in the arm but doesn’t cause significant disability and major surgery is not required. £15,650 – £32,010.
- Mild elbow injury. An injury to the elbow that is mild to moderate which now causes pain but total movement will be possible. Up to – £12,590.
- Very severe wrist injury. Wrist injury causing complete loss of function. £47,620 to £59,860.
- Severe wrist injury. Wrist injury leaving significant and permanent disability, there is still some useful movement. £24,500 to £39,170.
- Less severe wrist injuries. Broken wrist causing some permanent disability such as continuing pain/stiffness. £12,590 to £24,500.
- Wrist fractures, soft tissue injuries where recovery is complete or expected to be complete but may take longer than 12 months. Up to £10,350.
- Uncomplicated Colles’ fracture. £7,430.
- Minor wrist fractures. Scaphoid fractures, soft tissue injuries with a full recovery expected within 12 months. £3,530 to £4,740.
- Extremely severe hand injury. This range of compensation amounts shall cover the amputation of one or both hands or if a hand is made completely useless due to the injury. £140,660 – £201,490.
- Very severe hand injury. This range of compensation amounts shall cover total or effective loss of one hand from crushing and then amputation, or nearly all of the palm has been amputated as well as all fingers, you might expect to claim around £96,160 to £109,650.
- Severe hand injury. For injuries such as index, middle or ring fingers amputations leaving little use, or severe injuries to both hands leaving major loss of function, £61,910 to £90,750.
- Moderate to severe hand injury. Finger amputations, crush injuries to the hand, penetrating wounds, deep lacerations. The upper end of the bracket would be in cases where the claimant has been left unable to use a hand properly, for example where finger amputations might have occurred. £29,000 – £61,910.
- Less severe hand injury. For example crushing injuries leaving some impaired function, £14,450 to £29,000.
- Moderate hand injury. Moderate crushing injuries, deep lacerations, penetration wounds, £5,720 to £13,280.
- Mild hand injury. Minor soft tissue damage, penetration wounds, crush injuries where recovery time is usually 6 months or less. Up to £4,750.
- Minor finger injuries. Minor/hairline fractures, scarring, tenderness, will recover fully. Up to £4,750.
- Partial loss of a little finger where a degree of sensation remains. £3,950 – £5,860.
- Loss of the terminal phalanx of the ring/middle finger. £3,950 – £7,870.
- Amputation of the little finger. £8,640 – £12,240.
- A fracture of the index finger. Impacts grip in the long term and leads to further complications are likely. £9,110 – £12,240.
- Total or partial loss of the index finger. Impacts grip, dexterity and general movement. £12,170 – £18,740.
- Serious ring/middle finger injuries. Tendon damage, fractures, permanent loss of grip, deformity of the ring/ middle finger. £10,320 and £16,340.
- The amputation of a ring and little fingers. In the vicinity of £21,810.
- Amputation of the terminal phalanges of the index/ middle fingers. Impairs grip leading to restricted movement, and scarring. In the vicinity of £24,990.
- Severe fractures to various fingers. Impacting dexterity and grip and may lead to other medical complications. Up to £36,740.
- Extremely severe leg injuries. Amputation of one or both legs. The compensation range also takes into consideration should the leg have been amputated below or above the knee. £97,980 – £282,010.
- Moderate to severe leg injuries. Injuries to the leg which has caused restriction in movement and disability that might have a life long prognosis. £27,760 – £135,920.
- Less severe leg injuries. From simple leg fractures, breaks or soft tissue damage which has affected the muscle to leg fractures with an incomplete recovery. Up to £27,760.
- Severe knee injuries. Disability because of a knee injury, major damage to muscles, muscle wastage and soft tissue damage.Disability because of a knee injury, major damage to muscles, muscle wastage and soft tissue damage. £26,190 – £96,210.
- Moderate knee injuries. Minor disability because of the knee injury, damage to the muscle, cartilage, soft tissue, that causes pain and suffering. Up to £26,190.
- Extremely severe ankle injury. The most severe ankle injuries that may cause deformity, degeneration of joints, and potentially amputation. £50,060 – £69,700.
- Moderate to severe ankle injury. Fractures, extensive treatment, disability are just a few factors that will be considered when calculating the level of compensation for ankle injuries in this bracket. £13,740 – £50,060.
- Mild ankle injury. Ankle fractures, ankle sprains. Factors considered would be length of healing time, aching, any scarring etc. Up to £13,740.
- Serious to extremely serious achilles injury, for example a severed achilles tendon leaving restricted ankle movement. £24,990 – £38,430.
- Moderate achilles injury. Partial rupture of the achilles tendon/significant injury. Considered factors include treatment required, level of pain and suffering, any disability. £12,590 – £21,070.
- Mild achilles injury such as some damage to the achilles tendon where support to the ankle may be affected. £7,270 – £12,590.
- Extremely severe foot injury. This range covers the amputation of one or both feet and how it might affect the persons life. £83,960 – £201,490.
- Moderate to severe foot injury. Severe injury to one or both feet that causes restriction, fractures or disability to the foot. £13,740 – £70,030.
- Mild foot injury. Covering injury to a foot that will recover. Up to £13,740.
- Amputation of all toes. Depending on whether the amputation was traumatic or surgical can affect level of compensation. £36,520 to £56,080.
- Amputation of a big toe. In the vicinity of £31,310.
- Severe toe injuries. Severe crush injuries that lead to amputation of a single or more toes, partial amputations. £13,740 to £21,070.
- Serious toe injuries. Multiple fractures, crushed toes. £9,600 to £13,740.
- Moderate toe injuries. Relatively straightforward toe fractures. Up to £9,600.
- Minor toe injuries. Minor injuries such as straightforward toe fractures. Up to £5,590.
As with any personal injury claim, the amount of compensation awarded will vary from one accident at work claim to the next so it is never possible to calculate 100% accurately what compensation amount your accident at work claim might be awarded.
However, there are brackets for which various degrees of injury will fit into which are set out by the Judicial College. These compensation payouts can be used as a guide by accident-at-work solicitors to provide early estimates on various kinds of accidents at work.
There is a work accident compensation calculator provided below that will help you get a rough idea of various compensation payout amounts for different types of injuries at work.
*Please note that the accident at work claim calculator should be used as a guide only and not be taken as a fact that your claim if successful would be awarded the same amount of compensation as shown in the table above.
For an accident at work claim to be successful it’s important to gather and preserve evidence to support your claim. Evidence will help with establishing the facts and circumstances surrounding the accident and proving that you are entitled to compensation for your injuries.
Some key types of evidence that may be useful for an accident at work claims:
- Medical records. These can help with proving the extent and nature of your injuries sustained in the work accident and the impact they have had on your physical and mental health.
- Accident report. If you reported the accident to your employer, the report should contain details about the accident, including the date, time, location, and cause of the accident. Request a copy of the accident report from your employer or their representative if you haven’t already done so.
- Witness statements. Statements from witnesses who saw the accident or its aftermath can provide valuable evidence in support of your claim. Collect names, contact information, and statements from any colleagues or other individuals who witnessed the accident or can testify to the conditions that led to the accident.
- Photographs and/or videos. If possible, take photographs or videos of the work accident scene, any hazardous conditions, or any equipment, tools or machinery involved in the accident. Visual evidence including CCTV footage can help establish the circumstances of the accident and provide a clear understanding of the conditions that contributed to your injuries.
- Employment records. Your employment records, including your job description, training records, and any relevant policies or procedures, can be useful in establishing the duties and responsibilities of your role, as well as any training or safety protocols that should have been followed.
- Correspondence. Keep copies of any correspondence, such as emails or letters, related to the accident or your injuries. This may include communication with your employer, insurance company, and any other relevant parties.
- Financial records. Keep records of any financial losses you incurred as a result of the accident at work, such as medical expenses, lost wages, and other out-of-pocket expenses. These records can help establish the financial impact of the accident and the compensation for special damages you are entitled to.
It’s important if you’re able to, to gather evidence as soon as possible after the accident, while the details are fresh in your mind and the evidence is readily available. If you are unsure about what evidence you may need or how to gather it, a personal injury solicitor on our team who specialises in workplace accidents can advise you accordingly.
In the UK there is a standard 3-year time limit for filing an accident at work claim. If you have not initiated legal proceedings within 3 years of suffering your injury at work, your case may be considered to be time-barred and you may not be entitled to any compensation.
The 3-year deadline commences from the date that the accident occurred, or from the date on which you realised that your injury was associated with the workplace accident. The second clause is particularly useful in cases that have involved exposure to asbestos. This is because you might not find out for several years after exposure to asbestos that you have contracted mesothelioma, an asbestos-related disease.
In the case of fatal accident claims, the 3-year limitation commences from the date of death. In case the death was due to mesothelioma, the 3-year deadline would commence from the date of the post-mortem as the mesothelioma may have gone undiagnosed until they died and it was only discovered during the post-mortem.
If the claimant passes away while in the process of dealing with their work accident case, the 3-year deadline begins from the date of their death to allow their family time to continue with the claim.
Every personal injury compensation case has its own circumstances and will proceed differently depending upon these circumstances and the reactions of the employers. While some personal injury at work cases are settled amicably and within a matter of months, others can take several years.
The length of time it takes to settle an accident at work claim can vary depending on various factors, such as:
- The severity of the injuries sustained.
- The evidence involved.
- The willingness of the defendant to admit liability.
- Negotiating a settlement.
It’s not possible to give a definitive answer for how long a claim will take, but the process can typically take a few months for fairly straightforward cases to a year or more for more complex cases.
Please contact us if you’d like a solicitor to assess the specific circumstances of your case and provide an estimate of how long the process may take.
When filing a work accident claim, it is always recommended you contact a reputed and experienced solicitor to give you the proper accident claims help and advice to get started, such as ourselves.
Once you have found a solicitor (if you don’t have one already), they can then take up your case as their experience can make a tremendous difference to the success or failure of your claim and also to the amount of compensation you receive.
If you don’t know where to start in looking for a reputable solicitor then we’d of course certainly recommend getting in touch with ourselves today.
Our experienced work accident claims solicitors have been dealing with accidents at work claims for many years, and if you do indeed have a claim then we can get started on filing your compensation claim immediately.
Unlike some other companies, we won’t refer you to one solicitor and then another and keep messing you about. We deal directly with your work accident claim and also do most things electronically so you won’t always be waiting around for paperwork to arrive in the post.
All of our accident at work claims are taken on as No Win No Fee and any fees that we charge are highly competitive.
As with all kinds of accident compensation claims, the most important aspect of filing a work accident claim is being able to prove that your accident at work injury was caused as a consequence of negligence.
Even if it was a straightforward accident in a factory, for example, caused clearly by your employer’s negligence, it may sometimes be difficult to prove it in court. This is when (in our opinion) it is important to appoint a personal injury solicitor who will assist you in assembling all the evidence for your accident at work claim and presenting it convincingly.