Accidents can happen in any workplace, whether it's an office, a construction site, or a factory. If you've been injured at work, you may be entitled to injury compensation from your employer to help you with medical costs, expenses and getting your life back on track.
What workplace injuries can you claim for?
Like any personal injury claim, you may be able to claim compensation for a wide range of injuries sustained at work.
Some of the common workplace accidents include;
- minor cuts
- bruises and soft tissue injuries
- broken bones
- head injuries
- back injuries caused by manual handling
- repetitive strain injuries
- accidents involving machinery or vehicles
- slips, trips or falls
Injuries caused by exposure to hazardous substances, such as chemicals or asbestos, can also be claimed.
There are also work-related illnesses and diseases such as hearing loss, lung disease, crush injuries and stress can also be claimed for, although the process of claiming for these types of injuries can be more complex.
It's important to consult with a solicitor who has experience in dealing with workplace injury claims. They can assess your case and advise you on the specific injuries you may claim for based on the circumstances of your case.
Understanding employer liability for workplace injuries
The first step in making a compensation claim against your employer is to understand their liability. In the UK, employers are legally required to provide a safe working environment for their employees.
This means that they must take reasonable steps to prevent accidents and injuries from occurring. If your employer has failed to do so, they may be liable for any injuries you sustain while on the job.
What is employer's negligence?
Employer negligence refers to a situation where an employer failed in their legal duty to provide a safe working environment, following safety regulations for their employees, and that breach directly causes harm to an employee.
Examples of employer negligence can include failing to carry out risk assessments, failing to provide proper training or supervision, failing to provide the right personal protective equipment, and allowing unsafe practices such as horseplay or even substance abuse.
To prove employer negligence, it must be proved that the employer owed a duty of care to the employee, then breached that duty of care causing the employee's injury.
In this case you may seek to make a claim against your employer.
Reporting a workplace accident
If you've had an accident at work, the first thing you should do is report the accident to your employer. This should be done as soon as possible, ideally on the same day as the accident happened. Your employer will need to record the details of the accident in an accident book, which they are legally required to keep and create an accident report.
Make sure you provide as much detail as possible, including the date and time of the accident, the location, and what happened. This detail will be essential when it comes to making a workplace accident claim.
Seeking Medical Attention
If your injuries require medical attention, you should seek it as soon as possible. This will not only ensure that you receive the proper treatment, but it will also provide documentation of your injuries. Make sure you keep all medical records and receipts, as they will be important in your claim.
You may need to provide medical evidence in order to support your accident at work claim.
Making a work accident claim
Once you have reported the accident and sought medical attention, you can make a claim against your employer. This is typically done through the courts or through an insurance company. If your employer has insurance, they will likely have an insurance company handle the claim. If not, you will need to file a personal injury claim directly with the courts.
To make a compensation claim, you will need to provide evidence that your employer was negligent and that their negligence caused your injuries. This may include witness statements, photographs, medical records, and other documentation. It's important to note that there is a three-year time limit for making personal injury claims, so it's important to act quickly
Working with a personal injury solicitor
Making a claim against your employer can be a complex and stressful process, which is why it's often recommended that you work with a solicitor. A solicitor can help you navigate the legal process, gather evidence, and negotiate a settlement. They can also provide advice on the amount of compensation you may be entitled to.
When choosing a solicitor, it's important to find one who has experience with workplace injury claims. You can find a solicitor through a personal recommendation, an online search, or through the Law Society.
If you've been injured while on the job, it's important to take action as soon as possible. By reporting the accident, seeking medical attention, and making a claim, you may be entitled to compensation for your injuries. Working with a solicitor can help you navigate the legal process and ensure that you receive the compensation you deserve. Remember, your employer has a legal obligation to provide a safe working environment, and if they have failed to do so, they may be liable for any injuries you sustain.
How much compensation can you claim for workplace accidents?
The amount of injury compensation you can claim for a workplace accident depends on several factors, including the severity of your injuries, the impact your injuries have had on your life, and the financial losses you have suffered.
Injury compensation is broken down into two main components: general damages and special damages. General damages compensate for the pain, suffering, and loss of amenity caused by your injuries. Special damages cover expenses such as loss of earnings, medical bills, and transportation costs.
The Judicial College provides guidelines to solicitors and judges on the amount of compensation that should be awarded for various types of injuries. For example, a minor injury such as a sprained ankle may receive compensation between £1,000 to £12,900, while a severe injury such as loss of a leg or brain damage can lead to compensation ranging from £250,000 to over £1,000,000.
It's important to note that the amount of compensation you receive will vary depending on the specific details of your case. To get a more accurate estimate of the compensation you may receive, it's advisable to consult with a specialist solicitor with experience in handling workplace injury claims.
Can I claim against my employer for an accident at work?
If you have been injured at work, you may be entitled to claim compensation from your employer. In the UK, employers have a legal obligation to provide a safe workplace for their employees.
If they have failed to do so and you have been injured as a result, you may have a case for claiming compensation. However, the specifics of your situation can impact your eligibility to claim, and the amount of compensation you could receive. It is therefore essential to seek legal advice from a solicitor specializing in workplace injury claims. They will assess your case and help you understand your legal rights and options.
Am I entitled to full pay if injured at work?
In the UK, there is no automatic right to full pay if you are off work due to an injury sustained in the workplace. However, some employers have a contractual or a collective agreement that entitles their employees to receive full pay while off work due to an injury.
Additionally, some employees who are injured at work may be eligible to receive Statutory Sick Pay (SSP) from their employer. SSP is a government scheme that provides pay to employees who are off work due to incapacity caused by sickness or injury. To be eligible, you must earn at least £123 per week and have been off work for at least four consecutive days.
It's important to check your employment contract or consult with your employer's HR department to understand what pay you may be entitled to if you are injured at work.