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How Do You Calculate An Accident At Work Claim?
If you have suffered an injury following an accident at work, you may be questioning if you could claim personal injury compensation. Whether you have suffered minor soft tissue injuries or more severe injuries such as brain damage, this guide answers your questions, such as, “How do you calculate an accident at work claim?” and, “Is my accident at work claim eligible?”.
The first section of this guide discusses what factors contribute to the valuation of a successful personal injury claim. Then, there is a compensation table that looks at guideline personal injury compensation amounts for different kinds of injuries that you could sustain from an accident at work.
After the compensation table, we discuss when the compensation amount might potentially be reduced. Moreover, we explain the personal injury claims eligibility criteria and when someone is able to begin the process of claiming compensation if they have suffered a workplace injury.
Towards the end of this guide, you can find out the basis on which our personal injury solicitors work and the advantages of No Win No Fee agreements, should you wish to begin your accident at work claim with us. Our solicitors are legal experts who have crucial knowledge and experience to make the claims process as simple for you as they can. Here are our contact details to speak with an advisor about your potential case:
- Call 0800 073 8804.
- Fill out our ‘Claim Online’ form.
- Type a message in our live support chat.
Jump To A Section
- How Do You Calculate An Accident At Work Claim?
- How Much Could I Claim For A Workplace Illness/Injury?
- When Could My Compensation Amount Be Reduced?
- Check You Are Eligible To Make An Accident At Work Claim
- Talk To Us About An Accident At Work Claim On A No Win No Fee Basis
- More Information On How To Calculate An Accident At Work Claim In These Guides
How Do You Calculate An Accident At Work Claim?
To work out how do you calculate an accident at work claim you need to look at the two Heads of Loss that make up a personal injury settlement: general and special damages.
General Damages
General damages is the head of loss, which compensates for the physical harm, such as soft tissue injury, leg injury or elbow injury, as well as any mental health injuries, such as post traumatic stress disorder. As such, here are some factors of these injuries that are thought about when general damages are being calculated:
- How extreme the physical pain is.
- The length of the recovery time.
- How much the quality of life has changed.
Furthermore, when general damages are being calculated, a report that has come from the independent medical assessment conducted as part of the claims process will be used. The independent medical assessment report plus your medical records may be used alongside the guidelines for the Judicial College (JCG) to help calculate the value of general damages. The JCG contains all sorts of guideline compensation brackets for different kinds of injuries at varying severity.
Special Damages
Special damages is the head of loss, which provides compensation for any financial losses you incur due to your injury. As such, here are some monetary losses that might be reimbursed under special damages:
- Loss of earnings for the time that has needed to be taken off work.
- Home and car adaptations, say if your injuries are permanent. For example, the cost of installing wheelchair ramps throughout your house if you have had both of your legs amputated in a workplace accident.
- Medical costs, such as prescriptions.
General damages are always awarded when a personal injury claim succeeds. However, special damages are not guaranteed to be awarded. Because of this, it is essential to keep the evidence of your injury’s financial impacts. Such evidence includes payslips, invoices, and receipts.
By speaking with our advisors, you can learn more about how much compensation for an accident at work claim could be awarded.
How Much Could I Claim For A Workplace Illness/Injury?
Here is a compensation table for some injuries that could result from a workplace accident. Apart from the top entry, the guideline compensation brackets that are shown have been taken from the JCG. You could use this table or a workplace injury compensation calculator to help. Please remember that no figure can be guaranteed since each accident at work claim is unique, and these are merely guidelines.
| Injury | Severity | Guideline compensation bracket | Comments |
|---|---|---|---|
| Multiple very serious injuries and special damages | Very Serious | Up to £1,000,000+ | An award for sustaining multiple serious injuries and the financial losses that you have incurred for each of these injuries, such as loss of wages. |
| Paralysis | Tetraplegia | £324,600 to £403,990 | Top end of bracket will be where physical pain is present or where there is significant effect on senses or ability to communicate |
| Paraplegia | £219,070 to £284,260 | Degree of independence, depression and age and life expectancy will be among the factors taken into consideration in this bracket. |
|
| Brain damage | Very severe (a) | £282,010 to £403,990 | The injured person will only have some ability to obey basic commands. They will also have little to no communicative function and show little evidence of a meaningful response to their environment. |
| Moderately severe (b) | £219,070 to £282,010 | The injured person may have a reduced life expectancy and constantly be in a minimally conscious state. | |
| Leg | Amputations (a) (i) | £240,790 to £282,010 | Where both legs need to be amputated above the knee. |
| Amputations (a) (iii) | £104,830 to £137,470 | Where one leg needs to be amputated above the knee. | |
| Neck | Severe (a) (i) | In the region of £148,330 | A neck injury that is associated with incomplete paraplegia. |
| Severe (a) (ii) | £65,740 to £130,930 | Serious neck fractures or damage to cervical spine discs that has the potential to lead to disabilities such as loss of movement in the neck. | |
| Amputation of arms | Loss of one arm (b) (i) | Not less than £137,160 | Where the arm needs to be amputated at the shoulder. |
| Loss of one arm (b) (ii) | £109,650 to £130,930 | Where the arm needs to be amputated between the shoulder and elbow. |
Furthermore, you can check out our workplace compensation calculator to discover how to calculate your accident at work claim.
When Could My Compensation Amount Be Reduced?
If you were partially responsible for the accident in which you were injured, you could still be able to claim compensation for a workplace accident. However, the payout you receive will be reduced accordingly. If you have suffered multiple injuries, this, however, would increase any compensation payout.
For more information on how your accident at-work compensation could be reduced, please contact an advisor using the number above.
Check You Are Eligible To Make An Accident At Work Claim
To be eligible to start an accident at work claim, you have to show that you were injured as a direct result of your employer not complying with their duty of care.
The Health and Safety at Work etc. Act 1974 is the legislation that states the legal responsibility that all employers have. All employers owe a duty of care to their employees, which involves taking reasonable steps to ensure their safety while at work.
Some reasonable steps in question include regular maintenance of workplace equipment and facilities, giving employees the necessary Personal Protective Equipment (PPE) and training needed to complete their tasks safely, and implementing measures of health and safety.
Thus, if an employer fails to comply with their duty of care (for example, if they provide inadequate tools), and an employee is injured as a result of this, then their accident at work claim may be valid. In short, here are the eligibility criteria that need to be proven before beginning a claim:
- The employer owed a duty of care to you.
- The employer breached their duty of care.
- As a result of this breach, you suffered an injury.
To verify your personal injury claim following an accident at work, please talk with our advisors. If they verify your claim, they can connect you to a personal injury solicitor.
Talk To Us About An Accident At Work Claim On A No Win No Fee Basis
Talk to our advisors about your possible accident at work claim. If your claim is verified, you can be connected to our No Win No Fee solicitors. Our solicitors can offer to represent you with a Conditional Fee Agreement (CFA) in place.
You do not need to pay fees for your solicitor’s services at these stages when working with them under a CFA:
- Before the claims process.
- Throughout the claims process.
- If your claim is not successful.
Alternatively, if your claim succeeds, there will be a success fee taken from the personal injury compensation that is awarded. Success fees are a small percentage of your compensation, capped by the law, to ensure that the majority goes to you.
Contact Us
We can support you and give you free legal advice about what to do next if you have been injured in an accident at work and how to calculate an accident at work claim. Our experienced personal injury team works around the clock to make sure that they are available at a time that suits you. So, for a free consultation of your potential case, contact us through one of the below methods:
- Call 0800 073 8804.
- Fill out our ‘Claim Online’ form.
- Type a message in our live support chat.
More Information On How To Calculate An Accident At Work Claim In These Guides
Here are the similar guides that we offer on our website:
- Check out this guide to read more information about how to determine whether your employer is liable, partially or fully, for your workplace injury.
- Find out what the accident at work claims time limit is to confirm whether you are within the legal limitation period to begin a claim.
Here are some extra resources which you may find helpful:
- NHS – if you have suffered psychologically due to the effects of your injuries, find out where to access mental health services near you.
- Gov.UK – how to apply for Statutory Sick Pay (SSP) for not being able to work.
- Health and Safety Executive (HSE) – general information about health and safety at work for all types of workplaces.
Thank you for reading this guide today, providing you with information regarding “How do you calculate an accident at work claim?”. Have a chat with our advisors to see whether you can possibly make a personal injury compensation claim for your suffering.
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