Safety in the workplace isn’t something you probably think about too much but it’s something your employer is legally obliged to consider. Legally, they need to do all they can to try and keep the workplace safe and to try and prevent accidents from happening. But what happens when an employee is injured at work? Well, if the accident was caused by employer negligence, the employee could make a personal injury claim against them. In this guide, we’ll explore your options if you’re injured at work and explain how much compensation you might be eligible to claim.
Our specialist advisors are ready to help you understand your rights if you’ve had an accident at work and are thinking of suing your employer. They offer a free review of your claim and will provide legal advice on your options. If there’s a good chance you’ll be compensated, they’ll introduce you to one of our personal injury solicitors. If your claim is taken on, the solicitor will act on a No Win No Fee basis so you don’t need to worry about paying legal fees unless you are awarded compensation.
To talk to us about an accident at work, please call our team on 0800 6524 881. Alternatively, continue reading to find out more about how workplace injury claims work.
Table of contents
- What To Do If An Employee Is Injured At Work
- Common Employee Workplace Accidents
- What Are An Employer’s Responsibilities Towards Workplace Safety?
- When Can An Employee Claim Compensation If Injured At Work?
- What Compensation Can An Employee Claim For An Injury At Work?
- How Much Compensation Will I Get?
- How Long Do I Have To Claim For An Injury At Work?
- Starting The Claims Process As An Employee Injured At Work
If you are an employee injured in an accident at work, we suggest that you take the following steps:
- Report the accident. Tell your employer at the earliest opportunity about the accident. They should log the incident in a report book and you should be given a copy.
- Seek medical treatment. Rather than relying on first aid, you should have your injuries treated by a medical professional. This could be at a hospital, GP surgery or a minor injuries unit.
- Take photographs. If you’re able to do so safely, it’s a good idea to take some photos of the accident scene on your phone. Ideally, you should try to record the cause of the accident before it is replaced or removed.
- Speak to witnesses. If your accident was seen by others, make a note of their names and contact details.
- Check CCTV footage. Your employer should give you a copy of any relevant camera recordings if you ask. Please note, though, that usually date is only kept for between 14 and 28 days so you should act quickly here.
- Seek legal advice. As explained at the start of this guide, you could be compensated for any injuries if your employer’s negligence caused the accident. Checking if you are eligible to make a claim is free when you call one of our specialist advisors.
Although the list above might seem to be time-consuming, taking the steps listed could improve your chances of being compensated. Securing evidence such as photographs and accident report forms can be a vital part of the accident at work procedure and making a successful workplace accident claim.
In many cases, accidents at work must be reported to the HSE in accordance with the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). This must be done by your employer in the case of a fatality, a reportable injury, an industrial disease and certain dangerous occurrences.
The HSE may choose to investigate what happened. If that happens, a report will be published which could be used as additional evidence to support your claim.
Each year, the HSE publishes data about ways in which employees are injured at work. The 2021 data shows that the most common workplace accidents were:
- Slips, trips and falls on the same level – 33%
- Manual handling, carrying or lifting accidents – 18%
- Being struck by a moving object – 10%
- Acts of violence – 8%
- Falls from height – 8%
In theory, anything other than the most minor injuries could allow an employee to claim compensation. Some of the most common workplace injuries that solicitors deal with include:
If you’d like to check if you could claim for a workplace injury, please get in touch.
Many laws exist that place responsibilities on employers to try and keep staff as safe as possible. The Health and Safety at Work Act 1974 is perhaps the most common and you’re likely to have seen booklets or posters about it in your workplace.
As a result of this legislation, your employer should:
- Conduct regular risk assessments of the workplace and remove any dangers identified.
- Train staff on health and safety procedures.
- Maintain machinery and equipment according to the manufacturer’s guidelines and fix any faults swiftly.
- Provide the correct Personal Protective Equipment (PPE) where necessary.
- Allow staff regular rest breaks.
Essentially, employers need to take reasonable steps to prevent employees from being injured at work.
Our personal injury solicitors could help you claim compensation as an employee if you’ve been injured at work. Before accepting your claim though, they’ll check if:
- Your employer breached their duty of care toward your safety; and
- An accident or incident occurred as a result; and
- You sustained an injury or injuries.
As mentioned earlier, your solicitor will need to use evidence to prove how the accident happened and why your employer was to blame.
If your claim is successful, it could provide compensation for:
- The physical suffering caused by your injuries.
- Lost earnings.
- Any emotional injuries such as anxiety, depression or distress.
- Any negative impact on your hobbies and social activities.
- The time a family member or friend spent caring for you.
- Any travel expenses.
- Physiotherapy and, in some cases, private medical treatment.
- Changes to your vehicle or home if you’ve sustained a long-term disability and the modifications will make things easier.
We believe that working with a personal injury solicitor should improve your chances of being fairly compensated. If your claim is taken on by one of ours, they’ll aim to secure the maximum possible settlement amount.
The amount of compensation paid to an employee injured at work would be largely based on the severity of the injury. Therefore, as part of the claims process, an independent medical examination is needed. During the meeting, your injuries and their impact will be discussed and you’ll be examined by a medical expert. Their report about your prognosis will be used by your solicitor to determine how much compensation to claim.
We’ve included a compensation calculator to give you some idea about how much compensation you might be entitled to:
These figures are only potential amounts. If your claim is won, you could receive a higher or lower amount of compensation.
When an employee is injured at work, a 3-year time limit will apply to an accident at work claim. This will either begin from:
- The date that they were injured in an accident at work; or
- The date their condition or injury was diagnosed.
Leaving a compensation claim until the last minute could mean you’ll miss out on being compensated. That’s because evidence gathering and arranging for medical reports can be time-consuming. Therefore, we’d suggest that you get in touch sooner rather than later.
You should not worry about suing your employer if you’ve been injured at work. Legally, they cannot discipline you, fire you, demote you or treat you differently if you’ve filed an honest claim. Any such action could lead to a constructive or unfair dismissal claim.
Also, many people worry about the impact of their claim on their employer’s business. However, your claim will be made against the company’s insurance policy so will not have a direct impact on profits.
If your claim is accepted, your solicitor will deal with all communication on your behalf so you won’t need to speak to your employer about it directly.
If you’re an employee injured at work and would like to find out if you could start the claims process, please call our team on 0800 6524 881 today. They’ll review your options with you and provide free legal advice no matter what you decide to do next.
If one of our solicitors agrees to work for you, they’d do so on a No Win No Fee basis so you’ll never be out-of-pocket and will only pay a success fee if your claim is successful. If the claim fails, you won’t have to pay any legal fees at all.
Please use our live chat service if you’ve any additional questions about what happens if an employee is injured at work.