By Stephen Burke. Last Updated 11th May 2023. Welcome to our accident at work claims guide. Here, we explore claims for a workplace accident. This injury at work claim guide explains how to claim after being injured in an accident at work if third-party negligence was to blame.
We’ll provide guidance on claiming accident at work compensation and how much accident at work compensation you could be entitled to for your work injury claim. Further to this, we offer accident at work compensation examples, and detail how compensation at work could help with loss of earnings for working days lost due to accidents if you’re injured at work.
We also give information about who could make a work injury claim and how a solicitor could help with an work accident compensation claim. If you’ve sustained an injury at work in the UK, this injury at work claim guide could help.
Time limits for making accident at work claims
If you can evidence that you suffered due to third-party negligence, you could have grounds to claim compensation. However, did you know that if you want to make personal injury claims against employers, you can only do so within certain time limits?
If you suffered your workplace accident within the last 3 years, there’s a good chance that you’re still within the time limit to begin your claim. However, if your workplace accident happened over 3 years ago, there’s a risk that the time limit to begin your claim may have already expired, meaning you can no longer claim compensation for your suffering.
There are some exceptions to this usual 3-year time limit, however. For example, if you were mentally incapacitated after your accident, the time limit won’t start running until you’re capable of making legal proceedings for yourself. To see if you could claim, please get in touch today.
Contact Us About Making A Claim For An Accident At Work In The UK
If you read this guide, and you would like to hear more information or have a conversation about starting a claim, you can put your details into our callback form, send an email to office@accidentclaims.co.uk or call 0800 073 8801. In the meantime, please read on to learn how to make personal injury claims against employers.
Work Accident Claims – Who Is Eligible?
No matter what employment status you have at work, your employer has a legal duty of care towards you under the Health and Safety at Work etc. Act 1974. They must take steps, that are considered reasonably practicable, to make sure any risks have been either reduced or removed.
There are several steps your employer could take to protect you from being injured at work. The actions they take would depend on the workplace industry and the tasks associated with your work. Some examples could include:
- Ensuring those performing manual handling tasks are adequately trained in how to lift safely.
- Maintaining work equipment so that it is safe to use
- Providing Personal Protective Equipment (PPE) where it is needed
- Risk assessing job tasks and the workplace and taking action to reduce risks of harm
Personal Injury Claims Process – How Is Compensation Calculated?
If you’ve been injured in an accident due to a breach of duty of care, you may be wondering about the accident claims process. Part of the personal injury claims process is to determine liability for your injury. If the other party accepts that they are liable for your injury, this could help the claims process go smoother.
If you are eligible to claim compensation, your payout may include both general and special damages. General damages aims to compensate you for the physical or psychological suffering. This could be affected by:
- The severity of your injury
- Your recovery period
- Any further treatments you may need to cope with your injury
- Whether you are able to work
- Whether you are able to participate in hobbies and activities as you usually would
You will only be eligible to claim special damages if you can claim general damages, and only if you have been financially affected by your injuries.
Common Workplace Injury Claims
Accident at work claimsAs we have already mentioned, work accident compensation claims can only be made if your injuries occurred as a result of your employer’s negligence. If your employer was not responsible for your injuries, then you may not be able to claim. For example, if you chose to use faulty machinery despite your employer warning you not to, then you may not be eligible to make a workplace injury claim.
Some examples of how employer negligence could lead to a valid claim for a work injury include:
- If your employer were to knowingly provide you with faulty safety gear, for example, an inadequate hard hat or a broken harness when working at height, and this lead to you suffering an injury
- If you were injured while working because your employer did not provide adequate training in order for you to fulfil your duties. For example, if you were not given manual handling training before starting work in a warehouse.
- If your employer failed to undertake risk assessments in the workplace, leaving hazards and risks unidentified, and this lead to you suffering an avoidable injury.
Common workplace injuries:
- Chemical burns
- Electrocution
- Vibration White Finger
- Slip, trip and fall injuries
- Repetitive Strain Injuries
- Head injuries
- Manual handling injuries
- Broken bones
- Stress
While there are risks present within the work environment, your employer should assess these risks and work to reduce them as much as reasonably possible. This may mean putting warning signs up, providing safety training, supplying and training you on how to use necessary PPE, or removing hazards within the workplace, for example. The specific actions they should take would depend on the working environment and the job role.
If you believe you could be eligible to claim compensation for an injury at work caused by your employer’s failure to uphold their duty of care, please call our team.
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