If you’ve been involved in a workplace accident, you may wonder, can I claim for an accident at work? The answer is yes. Under UK law, if you have sustained injuries due to an accident at work caused by someone else’s negligence, you may be entitled to claim compensation. The process of making a personal injury claim can be made simpler with the help of personal injury solicitors. The compensation claim for a workplace injury includes gathering evidence to understand how much compensation you might receive.
Click here to contact PR Scully today or call 0161 768 317 so that we can help with your work accident claims.
Understanding workplace accidents and injuries
Employers have a legal duty under health and safety regulations to provide a safe working environment, adequate training, and personal protective equipment (PPE). If they fail to meet these obligations, and you suffer an injury as a result, you have the right to pursue a personal injury claim.
A workplace accident can happen in any industry and can lead to various types of injuries, from minor cuts and bruises to more severe injuries like broken bones or even brain injuries. Common causes of workplace accidents include:
- Slips, trips, and falls due to poorly maintained walkways.
- Manual handling injuries from lifting heavy objects without proper equipment.
- Machinery accidents are caused by faulty equipment or lack of training.
- Occupational diseases that develop over time, such as repetitive strain injuries or respiratory conditions.
Workplace injuries can lead to financial losses, medical expenses, and time off work. In such cases, you may be eligible to make a work accident claim.
Steps to making a work injury claim
Several steps need to be completed during any personal injury claims you wish to pursue. For any accident at work claims to be successful, there has to be proof of the employer’s negligence and medical evidence to back up your claims. Here’s a look at the steps needed when making a work injury claim:
1. Report the Accident:
- As soon as the accident happens, report it to your employer and ensure it is recorded in the accident book. This record is crucial evidence for your claim.
2. Seek Medical Attention:
- Obtain medical treatment for your injuries and keep all medical records. An independent medical assessment may also be required as part of the claims process to determine the extent of your injuries.
3. Gather Evidence:
- Collect witness statements, photographs of the accident scene, and any other relevant documents that can support your claim. The Health and Safety Executive (HSE) may also investigate workplace accidents, and their findings can be valuable evidence.
4. Consult a Personal Injury Solicitor:
- Engage a personal injury solicitor who specialises in workplace accident claims. Many solicitors offer a free initial consultation and work on a win-no-fee agreement, meaning you won’t have to pay legal fees unless your claim is successful. In many situations, someone looking to file an accident at work claim may contact our law firm before gathering evidence for advice.
5. File the Claim:
- Your solicitor will help you file the work injury claim, which includes submitting all evidence and negotiating with the employer’s liability insurance. This insurance is designed to cover the costs of compensation claims made by employees.
6. Understand the Time Limits:
- There is usually a time limit of three years from the date of the accident to make a personal injury claim. However, there are exceptions, especially in cases involving occupational diseases that develop over time.
The claims process can vary in length, depending on the complexity of the case and whether the employer accepts liability. Some cases are settled quickly, while others may require court proceedings. Your solicitor will guide you through each step, from gathering evidence to negotiating a settlement or representing you in court if necessary.
How much compensation can you expect?
The amount of compensation you may receive depends on several factors, including the severity of the injuries sustained, the impact on your ability to work, and any out-of-pocket expenses. Compensation typically covers:
- General Damages: For pain, suffering, and loss of amenity.
- Special Damages: For specific financial losses, such as medical costs, travel expenses, and loss of earnings.
In cases of severe injuries, such as a brain injury, the compensation could be substantial, potentially reaching hundreds of thousands of pounds. Your solicitor can provide a more accurate estimate based on your circumstances.
Employer’s liability and your Rights
Employers are required by law to have employer’s liability insurance to cover compensation claims made by employees. This insurance protects you if your employer is found liable for your injury. It’s important to note that making a claim does not affect your employment rights. Your employer cannot legally dismiss you for claiming compensation, and doing so would be considered unfair dismissal under UK employment law.
Dealing with contributory negligence
In some cases, the employer may argue contributory negligence, claiming that you were partly responsible for the accident. For example, if you fail to use the provided PPE, the compensation may be reduced. However, this does not prevent you from making a claim, and your solicitor can help argue your case.
In cases where contributory negligence is being argued, witness statements could become invaluable to arguing your case.
Financial support and legal costs during the claims process
While your claim is being processed, you may be entitled to statutory sick pay or contractual sick pay as outlined in your employment contract. If your injuries prevent you from working long-term, you may also be eligible to claim Universal Credit or other benefits.
As for the cost of making a claim, you have options. For example, at PR Scully, we work on a “no win no fee” basis, sometimes referred to as a conditional fee agreement, which allows our clients to feel comfortable trying to claim compensation if an employer fails to follow safety regulations.
If you’ve been injured in a workplace accident, don’t hesitate to seek legal advice. A personal injury solicitor can help you navigate the claims process and ensure you receive the compensation you deserve for your injuries and financial losses. Remember, your employer has a legal duty to provide a safe working environment, and if they have failed in that duty, you have the right to make a workplace accident claim.
By taking action, you not only protect your rights but also help improve workplace safety for others.
Contact us from anywhere in the UK to determine whether you should pursue a medical negligence claim today.
P R Scully & Co Solicitors Limited
166 Chaddock Lane,
Worsley,
Manchester,
M28 1DF
0161 768 3175
info@prscully.com