While no workplace will ever be completely safe, your employer needs to follow health and safety guidelines to try and keep you as safe as possible from being hurt at work. If your employer fails in their duty of care towards you and you’re hurt at work as a result, you may be able to sue them for compensation.
We believe it’s best to get legal advice if you do decide to claim against your employer for being hurt at work. Our team offers a no-obligation review of any claim where you can ask any questions you might have about your chances of being compensated. If possible, we’ll pass your claim to one of our personal injury solicitors. If they decide to work for you, they’ll begin right away without any upfront payment. Because of their No Win No Fee service, you’ll only need to cover the cost of your solicitor’s work if you’re compensated.
If you’ve already decided to claim for being hurt at work, call our team on 0800 6524 881 today. To learn more about your options before contacting us, please read on.
Table of contents
- I Hurt Myself At Work Can I Sue?
- Common Causes Of Employees Being Hurt At Work
- Common Compensation Claims Resulting From Being Hurt At Work
- How Much Compensation For Hurting Myself At Work Could I Claim?
- Negligence Causing Workers To Be Hurt In The Workplace
- Evidence To Support A Claim Against Your Employer
- How Long Do I Have To Sue My Employer After Being Hurt At Work?
- I Hurt Myself At Work & Would Like To Start A Claim Against My Employer Today
If there was no way your employer could’ve prevented your accident from happening, you won’t be able to sue them for your injuries. However, you could claim compensation if:
- Your employer’s negligence meant they breached a legal duty of care; and
- An accident occurred as a result of their negligence; and
- You were injured or made ill.
Several laws can be used to determine whether a duty of care existed. In many cases, the Health and Safety at Work Act 1974 will be relevant but your solicitor may also use other pieces of legislation. To help prove the other criteria listed, you’ll need to provide evidence to show how your accident happened, who was to blame and how you suffered. The evidence you could use is explained in the previous section.
Importantly, you cannot be sacked, demoted or treated differently if you sue your employer for being hurt at work. So long as your claim is honest, they are not allowed to take any action against you. If they do, you may have grounds to make a separate claim for wrongful or constructive dismissal.
According to data released by the Health and Safety Executive (HSE), the most common causes of non-fatal workplace accidents in 2021 were:
- Slips, trips and falls (on the same level) (33%) – Slip, trip and fall claims.
- Handling, lifting and carrying (18%) – Manual handling claims.
- Being struck by a moving object (10%);
- Acts of violence (8%) – Criminal injury claims.
- Falling from height (8%) – Fall from height compensation claims.
It’s important to point out that not every accident would lead to a compensation claim as some accidents are completely unavoidable. As we’ll explain throughout this guide, to be eligible to claim compensation if you’ve hurt yourself at work, your employer needs to have been responsible for the accident.
If you’ve hurt yourself at work, compensation could be sought for any injury. Some of the types of compensation claims we can help with include:
Whatever injury you’ve sustained from being hurt at work, contact our advisors for a free consultation today.
If you claim compensation for being hurt at work from your employer, any settlement is not a fine or a penalty. Instead, personal injury compensation aims to help you to deal with any physical problems (general damages) and to recover any associated costs (special damages).
We can’t tell you exactly what your claim will be worth in this guide as every claim is unique, however, if your claim is successful, you could be compensated for:
- Any physical pain endured during your accident and while you are recovering.
- Any psychological injuries resulting from being hurt at work.
- Loss of earnings compensation.
- The cost of buying items to replace property damaged in the accident.
- Travel expenses like fuel or parking costs.
- The time somebody else spent caring for you during your recovery.
- Medical costs which could, in some cases, include treatment at a private hospital.
- Making adaptations to your home if they’ll help you to cope with any permanent disability.
- Future loss of earnings where your injuries are long term and they’ll reduce your earning capacity.
As you will notice, there is a lot to factor in if you intend to sue for being hurt at work. If you work with our personal injury solicitors, they will assess your claim in detail with you to try and make sure that you are fully compensated.
The figures shown in our calculator (for general damages only) are based on the Judicial College Guidelines. Please bear in mind, though, that if your claim is successful, the amounts listed are not guaranteed.
As explained above, you must prove that your employer’s negligence led to you being hurt at work. Some examples of when you could sue your employer for accidents or incidents include those caused by:
- Faulty, damaged or poorly maintained equipment.
- A lack of proper protective equipment – PPE claims.
- Using the wrong tool for the job.
- Tiredness caused by working excessive hours or without proper rest breaks.
- A poorly managed workplace.
- Poor safety training – Inadequate training at work claims.
- A lack of regular risk assessments.
- Being given jobs such as heavy lifting that you are not physically suited to.
- Failure to provide ventilation when working with chemicals or irritants.
If you have any concerns about your safety at work, you should discuss them with your supervisor. It is advised to do this in a letter or email so that there is proof of your communication if you are injured and decide to sue for compensation later on.
After being hurt at work, there are a few steps you may wish to take. Some are steps you may need to take contractually while others may be to secure evidence if you decide to sue your employer at a later date. If you hurt yourself at work, you should:
- Take photographs of the accident scene. Your pictures could be used as evidence in any claim especially if you can capture the cause of the accident before it is removed.
- Report the incident and ask for a copy of the accident report form. Legally, companies need to keep a record of the date, time, location and details of any injuries in an accident report book and you are entitled to a copy of the report.
- Attend A&E, a GP surgery or a minor injuries unit. It’s important to have any injuries assessed by a medical professional. If you go on to make an accident at work claim, your solicitor can request any x-rays or medical notes to be forwarded to them to help prove the nature of your injuries.
- Speak to any witnesses and ask them for their contact details. If your employer denies liability for your accident, witness statements might be used to confirm your version of events.
- Request copies of any camera footage of your accident. Legally, you’re allowed to request any relevant data from CCTV cameras but you should do so quickly as it’s usually not stored for long.
Your accident may also need to be reported to the HSE so that your employer complies with RIDDOR regulations. This is usually only the case for more serious injuries.
If you’re planning to sue your employer for negligence that caused a personal injury at work in the UK, your claim must be made within a 3-year limitation period. This will either begin from the date you were hurt at work or from when your injuries were diagnosed by a doctor and linked to your employment.
We would advise that it’s better to begin your claim earlier rather than later because:
- Obtaining evidence to support your claim would be easier.
- There will be plenty of time for your solicitor to arrange for medical reports to be obtained.
- You could receive private medical treatment for your injuries paid for by your employer (if they’ve accepted the blame for your accident).
If you would like to discuss how you were hurt at work, why you consider your employer could be sued, and what your options are with a specialist, you can call our advice line on 0800 6524 881 for a free assessment of your claim. If your claim is suitable, we’ll appoint a No Win No Fee solicitor from our team meaning you’ll only have to pay for their work if you are compensated.
Please use our live chat function to ask any further questions about claiming compensation if you’ve hurt yourself at work.