Serious Injury Claim After An Accident At Work – How To Seek Compensation
This guide forms part of our series on serious injury claims. Specifically, it looks at when you could make a serious injury claim after an accident at work. You will also find information on the duty of care employer’s owe to their employees and how a breach of this duty could lead to serious injuries in the workplace.
Serious Injury Claim After An Accident At Work – How To Claim Compensation
We have also provided information on the evidence you could collect to strengthen your case, as well as the potential compensation that can be awarded in successful personal injury claims.
The final section of this guide consists of an overview of the type of No Win No Fee agreement our solicitors can offer and the advantages of pursuing your accident at work claim under these terms.
Our team can provide you with more details about any of the information in this guide or a free assessment of your potential claim. You can reach them via:
- Phone on 0800 073 8804.
- Our online “contact us” form.
- The live chat function.
Select A Section
- Could I Make A Serious Injury Claim After An Accident At Work?
- Types Of Accidents At Work
- What Do I Need To Prove My Claim For An Accident At Work?
- Examples Of Payouts For A Serious Injury Claim After An Accident At Work
- How A No Win No Fee Serious Injury Claims Solicitor Could Help You
- Further Serious Injury Claim Resources
Could I Make A Serious Injury Claim After An Accident At Work?
You may be wondering when a serious injury claim after an accident at work could be made. The Health and Safety at Work etc. Act 1974 states that employers must take reasonable steps to ensure the safety of their employees at work.
What this entails will vary depending on the place of employment, but the responsibilities of employers may include:
- Carrying out maintenance checks and necessary repairs or replacements for all work equipment in a reasonable time frame.
- Ensuring walkways are free of obstructions and other hazards.
- Providing employees with the level of training necessary to carry out their work duties safely.
- Offering free of charge any necessary personal protective equipment (PPE) such as steel toe-capped boots, eye protection and hard hats.
In order to make a personal injury claim after a workplace accident, you will need to demonstrate the following:
- Your employer owed you a duty of care at the time of the accident.
- Your employer breached their duty of care.
- This was the cause of your injuries.
The above criteria lays the foundation of negligence in personal injury claims.
Limitation Periods For Accident At Work Claims
For personal injury claims, the time limitation period is generally 3 years from the accident date, as per the Limitation Act 1980.
In cases where the injured person was under the age of 18 at the time of the accident or is of a reduced mental capacity, extensions to the time limit can be granted. In these instances, the time limit is paused, allowing a suitable adult to apply to act as a litigation friend on the injured person’s behalf and start the claims process.
If no claim is made on the child’s behalf by the time they turn 18, the three years will begin from this date. Also, if a litigation friend hasn’t made a claim on behalf of the party who has a reduced mental capacity, and they recover their capacity, they will have three years from the recovery date to start their own claim.
If you are unsure if any exceptions apply to your particular claim, our advisors can provide more information. You can reach them using the contact details above.
Types Of Accidents At Work
The types of accidents that can occur in workplaces can vary hugely depending on the nature of the work. We have included a few example scenarios to show how an employer’s breach of their duty of care can lead to serious injuries.
- An employer failed to provide necessary PPE, such as a hard hat, to an employee working on a construction site. As a result, they suffer a serious head injury, leading to epilepsy and brain damage, after being hit by a falling object.
- A forklift had not undergone its scheduled maintenance. Because of this, the lifting arm failed, and a heavy object fell onto an employee, crushing both of their legs and resulting in a double below-knee amputation.
- The employer failed to carry out a risk assessment or address the hazards posing a risk of injury from working from a height. As a result, they fall while working on a roof and suffer a fractured vertebrae which leads to paralysis.
If you would like to discuss your specific case and find out whether you’re eligible to make a serious injury claim after an accident at work, call our team of advisors on the number above.
What Do I Need To Prove My Claim For An Accident At Work?
In order to show your employer breached their duty of care, and that this caused you an injury, providing evidence in support of your claim is important. The evidence available for you to collect will vary, but we have included a list of some possible examples here:
- Reports made in the workplace accident book: It is a legal requirement for employers to have an accident book in workplaces with 10 or more employees. You can request a copy of the report made in the accident book to give more details about the incident and the injuries you sustained.
- Witness contact information: Potential witnesses can provide alternate accounts of how an accident occurred. Collect their contact information so they can give their statements during the claims process.
- Workplace CCTV: You have the right to request copies of CCTV footage you are in. This can be very useful in showing how an accident took place.
- Photographs: Take photographs to show the immediate scene of the accident and what caused it, as well as the extent of your injuries.
- Documentation proving your monetary losses: This can include your payslips or invoices for domestic care.
For support in obtaining evidence for your claim, you can speak to our advisors. After assessing your potential claim, you could be connected with one of our solicitors if they think your case is valid. A solicitor could then assist you with the collection of evidence.
Examples Of Payouts For A Serious Injury Claim After An Accident At Work
Following a successful serious injury claim after an accident at work, you can receive a compensation payout that can be made up of up to two heads of claim. The first of these, general damages, are awarded for the pain and suffering caused by your injuries.
A solicitor can refer to the Judicial College Guidelines (JCG) alongside any provided medical evidence to calculate the potential value of your injuries. The JCG is a publication that details a wide variety of injuries and their guideline award brackets, some examples of which you will find in the compensation table.
It should be noted that the amounts in the JCG are not guaranteed. Since personal injury claims are calculated individually, we have provided this information for guidance purposes only. To find out about the potential value of your specific claim, you should speak to our team of advisors for an assessment.
Compensation Table
| Injury | Severity | Description | Amount |
|---|---|---|---|
| Serious Injuries | Multiple | Alongside serious injuries of differing kinds, there are losses of a financial nature. | Up to £1,000,000 plus |
| Paralysis | Tetraplegia (a) | Paralysis affecting the upper and lower body. The level of award can be affected by factors such as life expectancy, the level of awareness and presence of pain. | £324,600 to £403,990 |
| Paraplegia (b) | Paralysis affecting the lower body. Award can be affected by factors such as the degree of independence, age and life expectancy and any psychological impacts. | £219,070 to £284,260 | |
| Arm Amputation | Loss of Both Arms (a) | The injury reduces a person with full awareness to a state of considerable helplessness. | £240,790 to £300,000 |
| Brain Damage | Moderately Severe (b) | Injuries resulting in very serious disabilities such as limb paralysis or impairment of intellect and personality. There will be a need for constant care. | £219,070 to £282,010 |
| Moderate (c) (i) | Cases involving a moderate to severe intellectual deficit, a change in personality, effect on the senses and a significant epilepsy risk with no employment prospect. | £150,110 to £219,070 | |
| Leg Injury | Amputation (a) (ii) | Amputation of both legs below the knee. | £201,490 to £270,100 |
| Other Arm Injury | Severe (a) | Injuries which are extremely serious, such as a serious brachial plexus injury, but fall short of amputation. | £96,160 to £130,930 |
| Special Damages | Loss of Earnings | A loss of earnings due to time taken off work for your injuries, be that temporarily or permanently can be reimbursed through compensation awarded under special damages. | Up to and above £100,000 |
Special Damages
The second of the two heads of claim that can make up a compensation payout is known as special damages. Special damages can be awarded for any financial losses incurred from your injuries.
Below are some costs you could potentially be compensated for under this head:
- In-home care costs.
- Travel expenses to and from work.
- Any medical costs.
- A loss of earnings.
Remember to keep your receipts, payslips, invoices and any other documentation that shows you incurred financial losses as a result of your injuries.
How A No Win No Fee Serious Injury Claims Solicitor Could Help You
After our advisors have assessed your potential claim, you could be offered a Conditional Fee Agreement (CFA) from one of our solicitors. A CFA is a No Win No Fee contract that generally doesn’t require to pay upfront fees for the solicitor to begin working on your case. There are also no ongoing fees for the solicitor’s work as the claim progresses. In the event of an unsuccessful claim, there are no fees to pay.
If your claim succeeds, you will receive personal injury compensation. The solicitor will take a success fee from your compensation, partially as payment for their services. Success fees are a pre-agreed percentage of your compensation amount. However, they are subject to a legal cap, which means you will keep most of your payout.
Our team can address any queries or concerns you may have about the serious injury claims process. For advice, or an assessment of your potential claim, you can get in touch via:
- Phone on 0800 073 8804.
- Our online “contact us” form.
- The live chat function.
Further Serious Injury Claim Resources
For more of our serious injury guides:
- Find out what compensation you could claim after a serious neck injury.
- Learn more about when you could be eligible to claim following a serious brain injury.
- Read about claiming for an arm amputation.
Further serious injury resources:
- GOV – Statutory Sick Pay.
- NHS – First aid after an incident.
- Health and Safety Executive – Managing risks at work.
We appreciate you taking the time to read our guide on making a serious injury claim after an accident at work. You can speak to our team if you have any further questions, or require further guidance, and an assessment of your potential claim. To talk to an advisor, use the contact information above.
Written by Clark
Edited by Mitchell
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