How do I know if I have a work accident claim?
Nobody should go to work and feel unsafe or worried about their health is at risk. Your place of work should be a safe environment and it is the duty of your employer to ensure that it is.
Workplace accidents can often be caused due to employers or other staff members, failing to follow the health and safety rules. It is the duty of your employer to ensure you have received the correct training for your role, provide the appropriate safety equipment and carry out regular risk assessments.
An accident at work can leave people with financial worry as well as the injury sustained in the accident. Time off work can leave people unable to pay their bills and support their family, so if you have had an accident or diagnosis in the last three years, that wasn’t your fault you could be eligible to make a compensation claim. Contact our team today to find out how we can help. Our legally trained advisors will be able to provide you with free no-obligation advice, guidance and support.
I have had an accident at work, what should I do?
Every workplace should have it’s own procedure when it comes to an employee being injured at work, this is to ensure everyone involved is protected.
Being involved in an accident at work can be traumatic and leave you in shock, so sometimes it can be hard trying to remember what to do. However, if you are able to make any of the following steps it could help your personal compensation claim:
- Taking photographs of the scene and noting exactly how it happened while it is fresh in your mind
- Requesting to check any CCTV footage and requesting a copy
- Were there any witnesses? If so request a statement from them
- Filling the accident book in, it is beneficial to ensure you write details of your injury, the time it happened, place, description of the accident and your contact details
- Most importantly, seek medical attention for your injuries, this way you will receive the medical attention you need for your injuries and your accident will be officially recorded
- Keep track of any expenses incurred due to the accident as you could be able to claim all these back
What types of work accidents can I claim for?
Each workplace has its own risks and dangers and therefore, there is no set list of what you are able to claim for.
Every employer owes their employee a “duty of care” meaning, by law, they are required to ensure your health and safety are protected, therefore, if they have breached this duty then you could be entitled to make a claim. Below are some examples of accidents at work that we can help you with:
- Accidents on a construction site
- Factory/warehouse accidents
- Office accidents
- Accidents due to unsafe industrial sites
- Accidents whilst using dangerous machinery
- Farming and agricultural accidents
- Accidents as a carer
If your employer has not followed the health and safety regulations or took the necessary steps to ensure your working environment is safe for you and your colleagues to work in, then they have put you at risk and would be held responsible for your accident.
If your accident doesn’t fall into one of the above mentioned, but your accident feels wrong and it wasn’t your fault then call our legal advice team today on 08000 250 250 or fill out our online form. We can discuss your accident and tell you in one quick phone call if you have a claim. All of our advice is given on a no-obligation basis. However, if you want to make a claim, we can get the ball rolling today.
What type of injury can I claim for?
A workplace injury could be prevented if all the correct precautions are taken. If they are not and it causes an injury, you could be owed compensation.
There are various different ways and injury or illnesses can be caused by an accident at work, some of the most common are:
- Slip, trip or fall (on the same level), this is the most common cause of workplace injury and can result in anything from bruising to breaking bones
- Lifting heavy items, this is commonly known to cause soft tissue injuries, spinal strains or even breaking bones
- Falling from a height e.g. a roof, markee or ladder
- Having contact with moving machinery, usually resulting in cuts and lacerations
- Hit by a falling object, this is a common cause in workplaces such as a warehouse where the stock is stored at a height
- Violence in the workplace, examples being assaults and threats potentially by a colleague
- Collisions, whether on foot or using a forklift, collision in the workplace can be common was to sustain an injury
As well as causing injuries, if your employer doesn’t carry out the necessary steps to ensure your health and safety is protected, you could also be exposed to the risk of having a “workplace illness”. Some of these illnesses are incurable and could have been prevented, known as industrial diseases, these more commonly include:
- Repetitive strain injury (RSI), this can be caused by anything from the continuous use of a computer keyboard to pneumatic equipment
- Toxic fumes, due to inhalation this can cause illnesses or respiratory damage
- Industrial deafness, due to exposure to loud or persistent noises. If you weren’t provided with the appropriate protection, then you could make a claim
If you have suffered from a workplace injury or illness that isn’t your fault, then contact our team of legally trained advisors to see how we can help you. We can give you free no-obligation advice, help and support. If you want to make a claim, we have experienced solicitors that will be able to guide you each step of the way and ensure you received the maximum amount of compensation.
I’m worried I might lose my job if I make a claim
This is a common concern amongst people initiating a personal compensation claim for a workplace accident.
It is illegal for an employer to terminate an employment contract with an employee, or even discipline an employee if they have been injured at work and process a personal compensation claim against them. However, unlikely, if you do lose your job as a result of processing a personal compensation claim, then you’ll have a legal right to take action against your employer.
How much compensation will I get?
Every case is assessed on an individual basis due to each case having its unique circumstances. This is to ensure you get the maximum amount of compensation that you are entitled too.
Although you cannot gain an estimate until your solicitor has begun negotiating with your employer’s insurance company you can gain an idea of how much compensation you may be entitled to by trying our claims compensation calculator.
To assess how much you will be entitled to your solicitor will consider the effects caused on your work and personal life as well as the pain and suffering caused by the injury sustained.
Therefore, when assessing the amount and claiming your compensation, your solicitor will look to cover:
- The pain sustained due to your injury
- The impact the injury has had on your life
- Any loss of earnings you may have had due to time off work due to the injury
- Any medical expenses including treatment and medication
- Care received, even if given free e.g. by a family member
- Future loss of earnings
- Psychological trauma
- Adaptations you may have had to make to your home and/or car
Is there a time limit to when I can claim?
There is a limitation put in place by the statute of 3 years from either, the date of the accident or the diagnosis of the illness. However, there are a few exceptions to the three-year limitation which are:
- Psychological trauma, if a work accident has resulted in a serious brain injury which has subsequently left them unable to make a claim personally, then there will be no time limit on pursuing a personal compensation claim
- Overseas work accidents, this can impact the time limit you have to claim by making the limitation period shorter, to find out more contact our team
- Faulty equipment, manufacturing/design faults can lead to the equipment you are using has a defect, this may have an impact on your limitation period if you would like to find out more on how this can affect your claim contact our legal advice team today
If you or your loved one have been involved in a workplace accident and are thinking of making a claim then contact our team today on 08000 250 250 or fill out our online form, we can answer any questions you may have and guide you through the entire process. If you decide to go ahead with your claim, we can recommend one of our solicitors who’s experience matches your claim to ensure you have the right representation.
How will I be able to pay for my claim?
We know that an accident at work can mean time off and financial strains but don’t worry making a claim doesn’t have to be another financial stress.
Our solicitors can work on a No Win No Fee basis, this means you will not have to worry about paying upfront for your legal fees. It also means if our solicitors take your case on under a No Win No Fee agreement (also known as a Conditional Fee Agreement (CFA)) and you don’t win any compensation you will not owe them any fee, there are no hidden terms and/or conditions, just simply, if you do not win your case you do not pay a fee.
I want to make a claim for my work accident
If you want to start your personal injury claim today then contact our legal advice team, we will be able to guide you further on the process, answer any questions you may have, assess your claim and get your claim set up with one of our experienced solicitors who has a proven success rate.