No matter what precautions are put in place, accidents at work can and do happen under varying circumstances. Injuries caused by these work accidents can range in severity from minor lacerations and sprains to broken bones, amputations, severe burns and sometimes sadly, even fatalities.
If you are unfortunate enough to be involved in an accident at work and you suffer from a workplace injury, you may be able to file a work accident claim for compensation.
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In the U.K., 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. If you feel that your employer failed to meet their responsibilities and negligence has led to you being injured in an accident at work, you can claim compensation by filing a work accident claim. If your claim for a work 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 injury.
What Can I make A Work Accident Claim For?
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:
• Slip, trip or fall
• Dangerous practices and procedures in the workplace
• Defective or poorly maintained equipment
• Dangerous machinery at work
• Noxious environment or toxic substances
• Falling object
• Non-adherence to Health & Safety regulations
• Negligence of co-workers
• Insufficient or improper training
• Assault at work
• Accident while operating a forklift or crane
• 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.
How much compensation you might be able to claim for a work accident varies due to different factors. These will include how severe your accident at work 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.
Client review – Thank you for your help taking me through each stage of my claim. Mrs C Brittain, Newton Aycliffe
The best way to get a good idea of the amount of work accident 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 bodily injuries and the advised levels of compensation.
Head And Facial Injuries
- 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. £224,800 – £322,060.
- Moderately severe head injury. Serenely disabled from brain damage, lost feeling in limbs, change in personality and/or a mental disability. £174,620 – £224,800.
- 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. £34,300 – £174,620.
- 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. £1,760 – £10,180.
- 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. £14,320 – £77,580.
- Moderate to severe facial injury. This compensation range covers simple fractures to multiple fractures and breaks to the facial area, for example the nose. £1,850 – £36,310.
- Mild face injury. These amounts cover less severe scarring to what might be considered trivial scars. £1,360 – £23,980.
- Totally blind and deaf. The most devastating injuries. In the vicinity of £322,060.
- 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. £43,710 – £214,210.
- 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. £7,270 – £43,710.
- Mild eye injury. Struck/hit in the eye, smoke in the eyes, liquids in the eyes, causing temporary loss of vision. £3,150 – £6,960.
- Temporary eye injuries where full recovery takes but a few weeks. £1,760 – £3,150.
- 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. £8,480 – £18,440.
- Less severe nose injuries, for example displaced nose fractures where there has been complete recovery after surgery £3,150 to £4,070.
- Moderate nose injuries such as displaced nose fractures that do not need surgery. £2,010 – £2,510.
- Mild nose injuries. Example being simple undisplaced fractures with full recovery. £1,360 – £2,010.
Ear injuries/hearing loss
- Extremely severe ear injury. Complete loss of hearing because of the injury. £72,320 – £87,410.
- 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. £24,950 – £36,3100.
- 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 – £36,310.
Neck, Shoulder And Back Injuries
- Extremely severe neck injuries. Very severe neck injuries, those causing movement problems to other parts of the body. £36,240 – £118,240.
- Moderate to severe neck injury. Neck fractures, causing pain when moving, causing stiffness and inability to use the full movement of the persons neck. £6,290 – £30,690.
- 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 £6,290.
- Severe shoulder injuries. Paralysis, limb numbness, restriction in movement because of the injury in the neck and shoulder. £10,180 – £38,280.
- 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. £6,290 – £10,180.
- 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 £6,290.
- 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. £30,910 – £128,320.
- 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. £9,970 – £30,910.
- 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 £9,970.
Hand And Arm Injuries
- 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. £76,650 – £239,140.
- Severe arm injuries. For major restriction and disability present in one or both the arms and causes significant pain and suffering. £31,220 – £76,650.
- Less severe arm injury. Restriction in movement and/or disability in the arms but there is substantial recovery. £15,300 – £31,220.
- Simple forearm fractures. £5,280 – £15,300.
- Extremely severe elbow injury. Total restriction in elbow movement that has now caused a disability or that has needed surgery. £31,220 – £43,710.
- Less severe elbow injury. Causing restriction of movement in the arm but doesn’t cause significant disability and major surgery is not required. £12,480 – £25,510.
- 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 – £10,040.
- Very severe wrist injury. Wrist injury causing complete loss of function. £37,960 – £47,720.
- Severe wrist injury. Wrist injury leaving significant and permanent disability, there is still some useful movement. £19,530 – £31,220.
- Less severe wrist injuries. Broken wrist causing some permanent disability such as continuing pain/stiffness. £10,040 – £19,530.
- Wrist fractures, soft tissue injuries where recovery is complete or expected to be complete but may take longer than 12 months. Up to £8,160.
- Uncomplicated Colles’ fracture. £5,920.
- Minor wrist fractures. Scaphoid fractures, soft tissue injuries with a full recovery expected within 12 months. £2,810 – £3,790.
- 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. £11,520 – £160,600.
- Moderate to severe hand injury. 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. £4,640 – £10,580.
- Mild hand injury. Minor soft tissue damage, penetration wounds, crush injuries where recovery time is usually 6 months or less. £730 – £3,460.
- Minor finger injuries. Minor/hairline fractures, scarring, tenderness, will recover fully. Up to £3,790.
- Partial loss of a little finger fingertip where a degree of sensation remains. £3,150 – £4,670.
- Loss of the terminal phalanx of the ring/middle finger. £3,150 – £,6260.
- Amputation of the little finger. £6,890 – £9,760.
- A fracture of the index finger. Impacts grip in the long term and leads to further complications are likely. £7,270 – £9,760.
- Partial loss of the index finger. Impacts grip, dexterity and general movement. £9,700 – £14,930.
- Serious ring/middle finger injuries. Tendon damage, fractures, permanent loss of grip, deformity of the ring/ middle finger. £11,890 and £13,020.
- Total loss of the vital middle finger. In the vicinity of £12,460.
- Total loss of the index finger. In the vicinity of £14,930.
- The amputation of a ring/ little finger. In the vicinity of £17,380.
- Amputation of the terminal phalanges of the index/ middle fingers. Impairs grip leading to restricted movement, and scarring. In the vicinity of £19,920.
- Severe fractures to various fingers. Impacting dexterity and grip and may lead to other medical complications. Up to £29,290.
Leg And Foot Injuries
- 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. £78,100 – £224,800.
- Moderate to severe leg injuries. Injuries to the leg which has caused restriction in movement and disability that might have a life long prognosis. £22,130 – £76,730.
- 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 £22,130.
- 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. £20,880 – £76,690.
- Moderate knee injuries. Minor disability because of the knee injury, damage to the muscle, cartilage, soft tissue, that causes pain and suffering. Up to £20,880.
- Extremely severe ankle injury. The most severe ankle injuries that may cause deformity, degeneration of joints, and potentially amputation. £39,910 – £55,560.
- 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. £10,960 – £39,910.
- Mild ankle injury. Ankle fractures, ankle sprains. Factors considered would be length of healing time, aching, any scarring etc. Up to £10,960.
- Serious to extremely serious achilles injury, for example a severed achilles tendon leaving restricted ankle movement. £19,920 – £30,630.
- Moderate achilles injury. Partial rupture of the achilles tendon/significant injury. Considered factors include treatment required, level of pain and suffering, any disability. £10,040 – £16,800.
- Mild achilles injury such as some damage to the achilles tendon where support to the ankle may be affected. £5,800 – £10,040.
- Extremely severe foot injury. This range covers the amputation of one or both feet and how it might affect the persons life. £66,930 – £160,600.
- Moderate to severe foot injury. Severe injury to one or both feet that causes restriction, fractures or disability to the foot. £10,960 – £55,830.
- Mild foot injury. Covering injury to a foot that will recover. Up to £10,960.
- Amputation of all toes. Depending on whether the amputation was traumatic or surgical can affect level of compensation. £29,110 – £44,710.
- Amputation of a big toe. In the vicinity of £24,950.
- Severe toe injuries. Severe crush injuries that lead to amputation of a single or more toes, partial amputations. £10,960 – £16,800.
- Serious toe injuries. Multiple fractures, crushed toes. £7,650 – £10,960.
- Moderate toe injuries. Straightforward toe fractures. Up to £7,650.
In the U.K. there is a standard 3 year time limit within which you can file a work accident claim. If you have not initiated legal proceedings within 3 years, 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 many years after exposure to asbestos that you have contracted mesothelioma, an asbestos related disease.
In fatal cases, 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 person dies 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 are settled amicably and within a matter of months, others can take several years.
Some common types of work injuries include:
• Head injuries
• Burn and scald injuries
• Spinal injuries
• Brain injuries
• Loss of sight
• Spinal and spinal cord injuries
• Fatal injuries
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 Judiciary Study Board. These 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 below that will help you get a rough idea of various compensation 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 fact that your claim if successful would be awarded the same amount of compensation as shown in the table below.
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.
Caveat To Making A Work Accident Claim
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 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.
Last updated: 3rd October, 2018.