Industrial Injury Claims – How Much Compensation Can You Claim?

An industrial injury encompasses injuries that occur across all types of workplaces. For example, workplaces such as offices, factories, supermarkets, and building sites. Whatever industry you work in, you should expect your employer to try to keep you as safe as reasonably possible. If they don’t and you’re injured as a result, you may be eligible to make an industrial injury claim for compensation.

In this guide to industrial injury claims, we’ll explain when compensation might be possible for accidents and injuries such as falls, machinery-related injuries, Repetitive Strain Injuries (RSI), electric shock, accidents involving chemicals, and other workplace accidents. Additionally, we’ll explain what types of negligence could result in a claim and the amount of compensation you could be eligible to claim.

To speak to a solicitor today about making an industrial injury claim, please call us on 0800 6524 881. For more information about the claims process before calling, please read on.

Who Is Responsible For Protecting Workers From Industrial Injury?

The Health and Safety at Work Act 1974 states that employers are responsible for the safety and welfare of their staff in the workplace. However, even though every worker has their own responsibilities to keep themselves safe from injury, unfortunately, sometimes it is out of their control. An individual worker may not have control over all aspects of the workplace, and this itself could put them at risk of industrial injury even if they adhere to all safety precautions.

To safeguard the rights of workers everywhere, certain Health and Safety laws and regulations have been put into place. There is legislation that is relevant to Working at Height, Health and Safety at Work, Control of Hazardous Substances, and Manual Handling, among others. While each of these governs very specific areas, they all put the onus on the employer to keep their workers safe from harm.

Ultimately, it is the employer’s responsibility to ensure that all mandated protective measures have been put in place and that all safety guidelines are being followed. If a worker is injured because an employer failed in their responsibility or was negligent in any area, the employer is liable to pay the worker industrial injury compensation for their injuries.

Am I Eligible To Make An Industrial Injury Claim?

To determine whether an industrial injury claim is viable, a personal injury solicitor will need to demonstrate that:

• Your employer was negligent; and
• That led to an incident, accident, or ongoing situation at work; that
• Caused you to suffer an industrial injury or illness.

There are several ways that negligence in the workplace could lead to you suffering from an accident or illness, and we’ll look at some examples shortly.

Examples Of Industrial Accidents And Injuries That Could Result In A Claim

Some industrial accidents are typical of certain industries, while others are common across all industries. Common industrial accidents leading to a claim for compensation include:

Slip, Trip and Falls at Work

Slip, trip and falls at work can happen in just about any workplace due to slippery flooring, torn carpeting, uneven surfaces, or obstacles lying in the way.

Machinery-Related Industrial Accidents

Any machinery can be dangerous if not handled properly. While heavy machinery, such as forklift trucks and cement mixers, may result in more severe or even fatal injuries, workers can also suffer from cuts, lacerations, blindness, or fractures from workplace machinery that may not look as menacing.

If any of these injuries were caused by negligence, you may be eligible to claim industrial injuries compensation.

Repetitive Movement Injuries

Some jobs involve performing repetitive movements for extended periods of time. Without the proper precautions or training, these can cause several different types of injuries, including carpal tunnel syndrome and RSI, repetitive stress injury to the back, neck, and elbow.

Objects Falling From Height

Even a small object falling from a height can result in serious injuries, from concussions to broken bones. Fall from height injuries can occur in any workplace, from offices to warehouses. Falls from height are a risk to many workers on construction sites.

Industrial Deafness

Factories are notorious for being extremely loud. Exposure to these high noise decibels every day for several hours a day can result in industrial deafness. While loud noise may be unavoidable, there are certain things that can be done to protect workers’ hearing.

If enough isn’t done to prevent damage to your hearing and you suffer industrial deafness, this is when you could make a claim for industrial injuries compensation.

Industrial Accidents Involving Hazardous Substances

Several industries use toxic substances in their manufacturing process. Accidental exposure to any of these substances by way of inhalation, ingestion, or direct contact can cause an array of injuries, from skin irritations to chemical burns and respiratory illnesses.

Although the use of asbestos has been banned for several years, workers may still be exposed to this lethal substance from old pipes and other older construction materials.

Electric Shock at Work

Construction and building site workers and those working for electrical contractors are at a high risk of suffering electric shock injuries, but they are not the only ones. Employees in many workplaces might be at risk of electric shock at work due to poor maintenance, exposed electric wires, or leaking electrical currents.

In addition to the above, spine, back, hand, finger, or brain injuries could occur due to several other reasons due to lax safety procedures, inadequate personal protective equipment, faulty machinery, poor space management, and shortcuts. If any of these injuries are due to a lack of duty of care, you could have an industrial injury claim.

Time Limits For Claiming Industrial Injury Compensation

When you claim industrial injury compensation following an accident at work, you will usually need to start within the relevant limitation period. In most personal injury claims, this is normally 3 years from either:

• the date of the accident; or
• the claimant’s date of knowledge, if they only became aware later that their industrial injury or illness was linked to the accident or negligence.

If the injured person lacks mental capacity, the usual time limit may not run unless and until capacity is regained. In the meantime, a litigation friend can usually deal with a claim on their behalf.

As soon as you are aware of your injuries, we’d suggest contacting us for free legal advice.

Evidence To Support An Industrial Injury Compensation Claim

As with any other type of personal injury claim, evidence is needed when claiming compensation for industrial injuries. Therefore, if you are injured at work, the following actions should help in substantiating your claim:

• Report the accident. Make sure to report the incident/accident to your employer, who should then enter it into the accident book and provide you with a copy of the report. This step is important as it establishes the accident happened and helps prevent any dispute about it happening.
• Take photographs. Photos of the workplace accident scene can go a long way to showing what caused the incident to occur. That’s especially true if you can capture the scene before anything is removed.
• Identify witnesses. Collect contact information from colleagues or others who witnessed the accident. Their statements can be invaluable, particularly if there’s any dispute about how the incident happened.
• Seek medical attention. It’s important not to rely solely on first aid. Therefore, visit a hospital or a minor injuries unit to have your injuries properly assessed and treated. Medical records from this visit can significantly support your claim by providing an official record of your injuries.
• Request CCTV footage. If your workplace has security cameras, ask for any footage that captured your accident.
• Ask for employment records. These should verify your employment status, job title, and duties at the time of the accident. This information is useful for establishing your relationship with your employer at the time of your industrial injury.
• Ask for workplace health & safety records. Request any records of previous accidents, complaints, or safety regulation violations at your workplace. This evidence can help demonstrate a pattern of negligence or unsafe conditions.
• Record your financial losses. Keep records of all expenses related to your industrial injury, including medical expenses, travel expenses for medical appointments etc, and any adjustments needed to your home and/or vehicle. This could all be included in the settlement.
• Save any correspondance. Keep hold of any emails, letters, or messages exchanged with your employer about the accident or your injuries. This correspondence can be used as evidence of your employer’s knowledge of the incident and their response.
• Keep a diary. Keep a detailed diary/journal of your injury’s impact on your daily life, including pain levels, mobility issues, and how it affects your work and personal life. This personal account can provide a vivid picture of the injury’s toll on your life.
• Collect income information. Gather evidence of your income before and after the injury to demonstrate any loss of earnings. This may include pay slips, tax returns, and other relevant financial documents.

Once you have gathered as much evidence as you can, you can call us for free to check if you have the grounds to proceed. A member of our team will review your evidence with you and let you know your options.

How Much Compensation For An Industrial Injury Could I Claim?

As each industrial injury claim is unique, the amount of compensation a claimant might receive will usually consist of two main parts:

• General damages are sought to cover your pain, suffering, and loss of amenity. Your solicitor will arrange for you to attend a local medical assessment to help determine the level of your injuries. This will be with a medical expert who is independent of the claim.
• Special damages are based on monetary losses, costs, and expenses incurred as a direct result of your accident. You could claim for any property damaged in the accident, medical costs, travel costs, and also any lost earnings.

More information on these damages can be read here.

Industrial Injuries Compensation Calculator

As mentioned at the beginning of this guide, we are going to demonstrate how much could be paid for industrial injuries. To help with this, we’ve included an injury compensation calculator below. The settlement amounts in the calculator are based on the Judicial College guidelines. Personal injury solicitors, lawyers, and insurers use those guidelines when calculating settlement amounts.

Importantly, no two industrial injury claims will ever be the same, and so compensation amounts can vary. Therefore, please don’t rely solely on the figures in our calculator. If your claim is accepted, your solicitor will explain how much they’ll try to claim once they’ve reviewed your case in detail.

What If I Am Partially At Fault For My Injury?

If you are found to be partially at fault for your industrial injury, you could still pursue an industrial injury claim, but it’s important to understand how this might affect the outcome. In the UK, this is referred to as “contributory negligence.”

Essentially, if you contributed to the accident in some way, the compensation you receive could be reduced to reflect your share of the responsibility. The exact amount it could be reduced by is determined on a case-by-case basis, taking into account the specifics of how the accident occurred and the extent of your contributory actions. For example, if it’s determined that you were 25% at fault for the accident, your compensation could be reduced by 25%.

Please contact us if you believe you may be partially at fault for your injury for free advice on your options.

Starting The Industrial Injury Compensation Claims Process

Even if your employer seems supportive of the fact you’re claiming for your industrial injuries, they won’t typically deal with the claim themselves. It will instead be handed to the company’s insurance company to deal with. Insurers won’t normally admit liability or pay compensation unless you can prove to them that the injuries you suffered were caused by your employer’s negligence. That is something that can be tricky and might require complex evidence.

We believe that you are more likely to win your case and receive a fair compensation payout if you have one of our personal injury solicitors deal with the insurance company on your behalf. They will argue your case, counter any objections, and try to secure evidence for you while keeping you up to date throughout.

If you are ready to start the claims process now, call us today on 0800 6524 881 to begin. Our team will review your industrial injury claim straight away and explain your options to you.