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Key points for making an injury claim

The most important things to remember when claiming for accidents at work:

  • It is your employer’s duty to keep you safe by law
  • Claim time limits for accidents at work are three years unless they are abroad, affect your mental capacity or relate to faulty equipment
  • Your employer cannot fire you or make your work life harder if you do make a claim
  • All claims are assessed by the type of injury, financial losses and the impact on your life
  • Claims are handled on a No Win, No Fee basis.

No win no fee accident at work claims

If you’ve had an accident at work that wasn’t your fault, speak to the team at Express Solicitors. We offer more than 20 years’ experience successfully settling employer liability compensation claims.

Contact us for a No Win, No Fee service that goes above and beyond – securing you every penny you deserve.

Who can claim for an accident at work?

Wherever you work, it is your employer’s duty to make sure you are safe. If you’ve been in an accident or suffered an injury caused by poor workplace practices, you may be able to claim for compensation.

In some cases, you may be able to claim even if you caused the accident, but your workplace made your injury worse. For example, you may have been using a faulty piece of equipment.

Under UK law, all employers and business owners must have Employer’s Liability Insurance and comply with the latest Health and Safety legislation. It doesn’t matter if it’s a hazardous environment, like a building site, or even somewhere you might consider ‘safe’ like an office. It’s your employer’s duty to keep you safe, which includes:

  • Offering regular training
  • Undertaking risk assessments
  • Minimising health and safety hazards
  • Providing suitable work equipment and PPE where appropriate.

You may also be able to claim if you had a pre-existing condition which you felt was made worse by poor workplace safety measures.

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I’ve been injured from an accident at work, what should I do?

If you have been injured at work, you should report it to your employer as soon as possible and make sure they record it in the accident book. If they don’t do this or there isn’t an accident book, then write down the details of your accident and send it to your manager and keep a copy yourself.

Speak with our no win no fee work accident solicitors to find out how to make a claim if you think your employer has failed to meet minimum health and safety requirements.

We’ll listen to you and talk through your options in a sensitive manner. We operate all claims on a No Win, No Fee basis – so you won’t pay a penny if your claim is not successful.

How do I know if I have grounds for a work compensation claim?

You may not feel like you have the grounds for a claim, but sadly, many workplaces are not meeting the strict safety standards they should be. You may even be injured without realising that it was caused by your job.

Consider:

  • If you’re still getting medical treatment for an old injury/illness
  • If you had to take time off work
  • If you couldn’t return to work due to your physical health
  • If your injuries stopped you from living life as normal.

This may all relate to an injury that was not your fault. We’ll help you through the compensation process and can also arrange interim payments to cover ongoing treatment as your claim develops.

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How much compensation can I claim for an accident at work?

Every claim is different, so there’s no ‘one-size-fits-all’ for specific injury claims or accident types. Instead, your claim is calculated on a number of different factors, including:

  • The extent of your injury, for example, a minor break or a life-changing spinal injury
  • The impact it has had on your life, such as changing jobs, or not being able to enjoy hobbies.
  • Any lost earnings, from time at work to potential bonuses.
  • Any additional costs, for example, travel to hospital appointments.
  • Any accessibility adjustments you may need to make to your home.
  • Psychological trauma.

How is the amount of compensation for my injuries calculated?

The amount of compensation you may be able to claim will be calculated by adding together the amount you can claim for your injuries and the amount you can claim for any financial loss or out of pocket costs.

General damages are calculated by the Judicial Board Guidelines which provides a guide amount based on the part of your body and the severity of your injury, including how long it may take to recover.

A full list of compensation amounts for general damages is listed here.

This amount is then combined with special damages. Special damages refer to any money you’ve lost as a result of your injury. This will factor in costs like lost earnings and physical therapy.

We can help you throughout your case with interim payments. These are a small sum of the overall compensation to tide you over while you’re waiting and to pay for treatment as above.

How long after an accident at work can I claim compensation?

Generally speaking, you will have up to three years from to make a claim. This can be three years from the date of the accident or from the date that you were diagnosed.

Are there exceptions to the time limit?

You may be able to make a claim outside of the three-year window if:

  • The injury caused psychological trauma (or brain damage), and you were not mentally capable of claiming. In these cases, there is no time limit.
  • The accident happened overseas. Other countries may have different laws, so please ask us if you’re not sure.
  • There was a manufacturing or design fault. If a piece of equipment is later found to have been faulty, for example, through a product recall investigation, then you could claim outside the three-year window.

We understand the financial impact of an accident.

In 99% of cases, we recovered more compensation than the insurer’s first offer. We’ll provide financial security with our interim payments wherever possible, meaning you don’t need to rush into an offer that is lower than you’re legally entitled to.

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What types of accidents at work can I claim for?

There are many types of accidents that can take place in the workplace, some caused by poor risk assessments, inadequate protective clothing, or lack of Health and Safety enforcement. Others may be specific to the type of workplace, for example, claims for warehouse accidents.

Some of the most common accidents include:

Slips, trips and falls at work

Inadequate signage or insufficient training could lead to cleaning-related accidents, or poor maintenance could lead to falls. Slips, trips and falls at work may result in broken bones, bruising, sprains and strains.

If you’ve been injured while working in a warehouse or factory, your injuries may be more severe. Likewise, if you’ve been struck by a falling object, this could result in serious injury on even death.

Manual handling injuries at work

Inadequate manual handling training or lack of personal protective equipment (like back braces) may result in spinal strains, broken bones, or tissue damage. We would deal with this in our manual handling or inadequate training at work department.

Collisions in the workplace

In some instances, the claimant may not have been paying due care and attention, but a piece of equipment may have been in a hazardous place. This could cause accidents in offices or environments with potentially dangerous machinery, such as farm equipment or forklifts.

Electric shock

You may be able to claim for an electric shock injury if you were asked to carry out electrical work that you were not trained to do, or were given the correct safety gear or testing equipment.

Violence at work

Unfortunately, workplace violence between staff members and/or members of the public can happen, resulting in distress and physical injury.

Other accidents at work

Less common injuries or long-term effects could be caused by repetitive strain or even damage later in life due to exposure to dangerous substances.

We may also be able to help you with injury at work claims such as:

Unlimited legal support.

That’s right, we provide unlimited legal support for our prospective clients. Not sure if you have a claim, or if you even want to make a claim? You can speak with us for as long as you like and as many times as you like. We’ll let you know your legal rights, completely free of charge and with no obligation to make a claim.

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How to start an accident at work claim

We advise you make a claim with us as soon as possible after your accident. This may help our solicitors in gathering evidence to support your case.

  • Typically, the compensation process start with an initial telephone consultation. Our friendly specialist work accident solicitors will take down your details and ask for as much evidence as you can provide. We may need to speak to others to get a better picture of the claim.
  • After this stage, you can leave it with us. We’ll go through the negotiation process and represent you, claiming your rights as an employee and your employer’s duty of care.
  • If we’re successful, you’ll be awarded the full amount minus any legal fees. In some cases, the opponent will pay these fees, offering you as much compensation as possible. We may also be able to secure interim payments to cover any ongoing costs.

What information do I need to make a claim for a work accident?

You can talk to our accident at work solicitors for free and in confidence. We’ll ask for the full details of the accident and any evidence you can provide to support your case.

The evidence you provide will depend on the nature of your claim. For example, you may have CCTV footage, or you may have HR documents that prove you have not had refresher training. You may even be able to offer photographs of faulty equipment. Where possible, you should also provide:

  • Witness statements
  • An injury diary with symptoms, details, and medical evidence
  • Receipts for travel, treatment, and other expenses
  • A statement from a colleague or trade union worker.

It’s best to prepare this information in advance so that we can get to work on your claim straight away. Once we’ve looked at your evidence, we’ll send a medical professional out to review your injuries and provide a report.

If we think you have a claim, our solicitors will start the negotiations process with your employer’s insurer. If your employer denies fault, then proceedings may have to go further. We’ll keep you informed every step of the way and do our best to settle claims out of court.

What evidence do I need to provide in a work accident claim?

The most important thing to prove is that the accident and injury was not, or not entirely, your fault. You should also be able to prove that your employer is responsible.

Our solicitors will ask you to prove your claim with evidence such as:

  • Workplace accident book logs
  • Medical records
  • Photographs/video footage of the hazard in its location
  • Witness statements
  • Records of financial losses.

If you’ve been injured at work or have suffered long-term physical damage, Express Solicitors is here to help. We offer more than 20 years’ experience settling personal injury claims, and will go above and beyond to get you the full compensation you deserve.

Why should you choose us?

100% No-Win-No-Fee

Contact us with the comfort of knowing you’ll never be at financial risk when you claim with us. We cover all legal costs, never charge upfront fees, and we only get paid if you

Advanced payments available

We understand how an accident can affect your financial position. We always look to collect an early compensation (interim) payment where possible.

We can take over your case

With legal specialists for every type of accident claim, we can take over your claim at any stage from another solicitors. We take pride in winning cases other firms turn down.

What are my legal rights for safety in the workplace?

By law, your employer has to comply with the Health and Safety at Work Act 1974. Under their duty of care, they have to offer you a safe environment, with well-maintained equipment, high-quality protective wear, and solid training.

This goes one step further for those in hazardous roles – for example, the 1992 Manual Handling Operations Regulation, or the Work at Height Regulations 2005 Act.

What does this mean in practice?

If your employer has contravened any of these regulations, resulting in physical harm, you could be entitled to claim compensation. You may be concerned that this will sour your relationship with your employer.

However, under the above laws, your employer cannot sack you for making a compensation claim when they have clearly broken the law. This could, in turn, result in an unfair dismissal claim.

They must also not make your job so unbearable that you feel forced to quit. In this case, we’d call this ‘constructive dismissal’.

Can I make a claim if another member of staff caused my injury?

You can still make a claim. This would be considered assault in the cases of workplace violence. Alternatively, if another employee caused an accident due to an unsafe environment, then you could make a claim against the employer. Your employer has a duty of care to protect you at all times – including monitoring the behaviour of your co-workers.

Frequently asked questions about claiming for an accident at work

Do I still get paid if I make a claim after an injury at work?

You will need to speak to our solicitors to see if you have a claim. If the injury or work accident was not your fault, you may be able to make a claim. We operate on a No Win, No Fee basis, so we advise that you get in touch as soon as possible.

Can I be dismissed if I make an accident at work claim?

If the work accident was not your fault, then your employer is bound by Employment Law. This means that they cannot dismiss you if you make a claim against them, nor can they penalise you or make your working life harder.

Can I claim for an injury at work if I’m working on a zero-hour contract?

Yes, you can. Employment law applies to workers on all contracts, but your employer needs to be at least partially at fault for a successful claim.

Can I claim for an accident at work if I’m a self-employed contractor?

If you’ve been hired as a self-employed contractor, you’re still covered by the same employment laws. The employer has a duty to protect all those in the workplace, regardless of whether it’s construction, retail or an office.

Do I need to attend a medical?

We will ask a medical professional to assess your case after gathering evidence from your doctor. We’ll let you know exactly what we need based on your individual case.

What is contributory negligence?

If you were partially at fault for an accident (for example, not looking where you were going), you may be able to claim for contributory negligence. If there was a hazard that caused a collision or something else that could have partly been your fault, your claim will be deemed “split liability”. This is when both the employer and employee agree to share responsibility. You’ll receive a percentage of the total compensation based on how much you were at fault. For example, if it was half your fault, you’ll receive half the payout. You cannot claim if the accident was entirely your fault – for example, failing to read instructions that were provided

Should I deal with my insurance company?

Our expert lawyers will deal with insurance providers on your behalf. We will need details of any insurance agreements you have so that we can contact them directly.

What is Employer’s Liability Insurance?

Employer’s Liability Insurance protects employers in the event of a work injury where an employee makes a claim against them. Any personal injury claims will be paid by this insurance.

Who pays the compensation?

Your employer will be covered by Employer’s Insurance, which means that our solicitors will negotiate directly with insurers, rather than members of staff. Offers are always subject to negotiation, so don’t be afraid to ask.

When does the Health and Safety Executive (HSE) investigate workplace accidents or occupational illnesses?

In some cases, there may be an independent investigation outside of your claim. Under UK law, employers have to report all workplace injuries and illnesses to the HSE; otherwise, they are subject to heavy fines. The HSE will investigate reports it considers “serious” such as death, multiple fractures, blinding, head trauma or amputation, as well as occupational diseases, like asbestos exposure. You do not have to wait for the HSE to finish investigating before you make a claim.

What is RIDDOR?

RIDDOR stands for Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. This means that workplaces must report all accidents and illnesses to the Health and Safety Executive under UK employment law.

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