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Accident At Work Claims

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Accident At Work Claims – How Much Injury Compensation Can I Claim?

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 Accident At Work Claimfrom minor lacerations and sprains to broken bones, amputations, severe burns and sometimes sadly, even fatalities. Importantly, if you’ve suffered a personal injury 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.

Am I Eligible To Make An Accident At Work Claim?

If you’ve suffered an injury or illness as a result of an accident at work, the eligibility criteria for making a claim generally include the following:

  • Employment status. You must have been employed, whether as a full-time, part-time, temporary, or casual worker, at the time of the accident. Self-employed individuals may have different criteria depending on their insurance arrangements.
  • Nature of the injury/illness. The injury or illness must be related to your work or have occurred in the workplace. This includes physical injuries, psychological injuries (such as stress or anxiety), and illnesses caused by work (for example, exposure to hazardous substances).
  • Negligence or breach of duty. You need to prove that your employer was negligent or breached a statutory duty. This means showing that your employer failed to provide a safe working environment, adequate training, appropriate equipment, or did not follow health and safety regulations, leading to your accident.
  • Time limits. Work injury claims must usually be made within three years of the date of the accident or the date you became aware that your injury or illness was related to your work. This time limit can vary in certain circumstances, such as for industrial diseases that develop over time, or for those lacking the mental capacity.
  • Not at fault. Generally, you need to prove that you were not at fault for the accident at work. Compensation may still be possible if you were partially at fault, but this can affect the amount of compensation you receive, as explained in the following section.

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.

Can I Claim If I Was Partly To Blame For My Injury?

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.

Can I Be Fired For Claiming Compensation Against My Employer?

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.

Time Limits For Claiming Accident At Work Compensation

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 involve work-related illnesses or diseases where, for example, it might take years after being exposed to hazardous substances like asbestos before you discover you have developed a related condition, such as mesothelioma.

If an individual lacks the mental capacity to manage their own legal affairs, including claiming compensation, the usual three-year limitation period does not begin until the individual regains capacity or a litigation friend is appointed on their behalf.

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 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 workplace injury claim 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.

Evidence To Support Accident At Work Claims

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.
  • Keep a diary. Start a diary as soon as possible after the accident to record your recovery process, any symptoms or pain experienced, and how the injury affects your daily life and work. Also, use the diary to track all expenses related to your injury, including any medical costs, travel expenses for treatment, and any adjustments needed at home or work.

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 injury claims can advise you accordingly.

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:

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.

Common Injuries At Work Compensation Could Be Claimed For

There is of course an almost endless list of personal 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 For An Injury At Work Could I Claim?

How much compensation for an injury at work you might be able to claim varies due to different factors. These will include the severity of your injury, whether you’ve needed to take time off work and for how long, and the broader impact on your life.

Therefore, a compensation payout for an injury at work will generally consist of two main categories: general damages and special damages.

  • General damages. This category covers the compensation for the pain, suffering, and loss of amenity resulting from your injuries. The amount is determined by the injury’s severity, its impact on your daily life, and any long-term issues. Guidelines set by the Judicial College advise compensation ranges for different types of injuries, helping to give an early indication of the compensation you might expect.
  • Special damages. These are awarded to cover specific financial losses you have incurred or will incur as a result of the injury. This can include loss of earnings, medical expenses, rehabilitation costs, and any necessary adaptations to your home or vehicle. As mentioned earlier, keeping a record of these expenses is important for accurately calculating this part of your claim.

For a clearer understanding of the potential compensation you might receive for an accident at work, we recommend arranging a free initial consultation with one of our solicitors or trained advisors by phone so that we can assess your situation properly.

Accident At Work Claim Calculator

As with any personal injury at work, the amount of compensation awarded will vary from one claim to the next so it’s not possible to calculate 100% accurately what compensation amount your accident at work claim might be awarded.

However, our work accident compensation calculator provided below may help you get a rough idea of various compensation payout amounts for different types of injuries at work.

Compensation Calculator
Part Of Body
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£££

*Estimates are based upon the severity of the injury and should be used as a guide only.

*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 displayed.

Is An Accident At Work Solicitor Required To Make A Claim?

There is no legal requirement that you use an accident at work solicitor to claim compensation for a work-related injury. However, as you’re likely aware by now, the process typically involves notifying your employer about the accident (if you haven’t already done so at the time of the accident), gathering evidence to support your claim (such as medical records and witness statements), and potentially negotiating a compensation payout with your employer’s insurance company.

Therefore, there are various reasons why you might choose an accident at work solicitor on our team, including:

  • Complexity. Work accident claims can become complex, especially if there are disputes over liability, the injuries or industrial disease is severe, or if the claim involves a detailed understanding of employment and personal injury law.
  • Severe injuries. If you have suffered severe injuries, a solicitor can help get the full compensation you’re entitled to, which may cover your medical expenses, loss of earnings, future losses, and your pain and suffering.
  • Negotiations. Our solicitors are experienced in negotiating with insurance companies and can handle the negotiation process on your behalf to secure the best possible settlement.
  • No Win, No Fee agreements. Our solicitors offer a No Win No Fee agreement (also known as Conditional Fee Agreement), meaning you won’t have to pay upfront legal fees. Instead, your solicitor’s fees will be a percentage of the compensation awarded, and only payable if your claim is successful.
  • Legal representation. If your claim was to go to court, having a solicitor can be invaluable. They will represent you throughout the legal process, providing expertise and support.

While it’s not mandatory to use a solicitor for a work accident claim, we’d suggest it’s worth your time to contact an advisor on our team for a free assessment of your case to determine the viability of your claim.

How Long Does An Accident At Work Claim Take?

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 an accident at work solicitor to assess the specific circumstances of your case and provide an estimate of how long the process may take.

Starting The Accident At Work Claims Process

If you’re considering starting an accident at work claim and require assistance, please reach out to us on 0800 6524 881. Our experienced team is dedicated to helping victims of workplace accidents by offering a no-obligation phone consultation along with complimentary legal advice. If your claim is viable, and with your approval, we may assign your case to one of our expert accident at work claims solicitors who work on a No Win No Fee basis.

For further inquiries about the accident at work claims process or any concerns you may have, please feel free to get in touch with us immediately using the live chat feature.

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