By Stephen Hudson. Last Updated 3rd July 2024. If you have been injured in an accident at work in Scotland that was not your fault, you could be entitled to claim compensation.
Your employer is legally obliged to provide you with a safe and hygienic working environment, this is especially the case if you work in a potentially hazardous industry such as construction or engineering.
So, if you have suffered an injury at work in Scotland because of your employers’ failings you could take legal action, and in this guide, we explain how. However, if you’d rather make a claim today or if you want to get legal advice, get in touch.
We can offer information on work accident claims in Scotland and assess your potential case if you have one. We can also advise on potential personal injury payouts, whether or not you qualify to make a claim, and the steps that need to be followed as part of the process.
To get in touch with our team, you can call us on 0800 073 8804. You can also reach us online by using our live chat feature. Or you can fill in our claim online form.
Select A Section
- Am I Eligible To Claim For A Work Accident In Scotland?
- Injury At Work In Scotland – Example Scenarios
- Top Tips For Proving An Accident At Work Claim
- How Much Compensation Can I Be Awarded For An Accident At Work In Scotland?
- Make A No Win No Fee Injury At Work Claim In Scotland
- Resources For Victims Of Accidents At Work In Scotland
Am I Eligible To Claim For A Work Accident In Scotland?
To be eligible to make a personal injury claim following an accident at work in Scotland, you must be able to prove that your injuries directly resulted from your employer breaching their duty of care.
As outlined in the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. Per this duty, they must take reasonably practicable steps to ensure your safety while you are working and in the workplace. If your employer were to fail to uphold the duty of care they owe you this could result in you suffering a work injury, and you might have valid grounds to begin a claim for compensation.
If you are considering claiming for a work accident in Scotland but are unsure whether you meet the eligibility requirements, our advisors can help clarify free of charge. You could also be connected with our expert accident at work solicitors on a No Win No Fee basis.
How Long Do I Have To Make A Personal Injury Claim?
Personal injury claims in Scotland have to be started within the time limit. Under the Prescription and Limitation (Scotland) Act 1973, this is generally 3 years from the date you suffered the injury.
In Scotland, those under the age of 16 are unable to represent themselves in legal proceedings. In these instances, the time limit is suspended, and a parent or guardian is able to claim on their behalf. Once the claimant turns 16, if one has not already been started, they will have the usual 3 years to start a personal injury claim.
For more information on Scotland claims, or to find out if you are still within your time limit to claim for a Scotland accident, get in touch with our advisors today.
Injury At Work In Scotland – Example Scenarios
There are various injuries you could suffer in an accident at work. These will depend on the situation that caused them. In the list below, we take a look at how you could suffer an injury at work in Scotland.
- Slips, trips and falls – These can cause anything from a minor injury, such as a sprained ankle, to major head trauma. To avoid slips, trips and falls, walkways should be kept free of clutter and liquids.
- Manual handling injuries – Handling objects in an improper fashion due to inadequate training can cause a back injury.
- Faulty machinery – Any equipment used at work needs to be adequately maintained with appropriate maintenance checks carried out. For example, if a belt breaks on a conveyor system, an employee could suffer a finger crush injury.
However, to be eligible to make a personal injury claim, you must be able to prove that your injury was directly caused by your employer breaching their duty of care.
Contact an advisor from our team to discuss whether you have a valid injury at work claim in Scotland.
Top Tips For Proving An Accident At Work Claim
If you’ve had an accident at work in Scotland, as with the rest of the UK, you will only be able to make a successful claim if you can establish negligence. This means that you must be able to prove that your injuries were due to your employer breaching the duty of care they owed you. This can be achieved by gathering evidence.
Here are some examples of evidence you can acquire to help support accident claims in Scotland:
- CCTV footage
- Photographs
- Your medical records
- Witness contact details which can be used to gather statements later on
This is not a complete list; there are other forms of evidence as well that could help you. It’s important to note that the claims process in Scotland may differ so if you have suffered injuries in a workplace accident in Scotland due to your employer’s negligence, get in touch with us today.
How Much Compensation Can I Be Awarded For An Accident At Work In Scotland?
If you make a successful claim for an accident at work in Scotland, then your compensation payout may comprise of general damages and special damages.
General damages compensate you for the pain and suffering you’ve endured because of your injuries. The compensation you may receive for these damages will depend mainly on what injuries you have and how severe they are.
In England and Wales, those who value an accident at work claim may use a publication called the Judicial College Guidelines (JCG). Although the JCG does not apply to any accident claim in Scotland, the figures could still provide some insight into the potential compensation amount you may receive for your injuries.
You can view some of the figures from the JCG in the table below, which should be viewed as a guide only. Take note that the table’s first entry is not based on the JCG.
| Type Of Injury | Severity | Settlements |
|---|---|---|
| Multiple Very Serious Injuries and Monetary Losses | Very Serious | Up to £250,000+ |
| Arm Injury | Severe | £117,360 to £159,770 |
| Arm Injury | Less Severe Injury | £23,430 to £47,810 |
| Hand Injury | Serious Damage To Both Hands | £68,070 to £103,200 |
| Hand Injury | Serious Injury (To One Hand) | £35,390 to £75,550 |
| Back Injury | Moderate (i) | £33,880 to £47,320 |
| Back Injury | Moderate (ii) | £15,260 to £33,880 |
| Neck Injury | Moderate (i) | £30,500 to £46,970 |
| Shoulder Injury | Serious | £15,580 to £23,430 |
Special Damages For Scotland Accidents At Work
Your compensation for an accident at work could potentially also include special damages, which compensate for financial losses or expenses related to the incident and your injuries. To claim special damages, you will need certain documents as evidence, such as bank statements, invoices or wage slips. Examples of what may be claimed as special damages include:
- The cost of certain medications or treatments you’ve needed to aid your recovery.
- Travel expenses for attending appointments, such as train tickets or taxi fares.
- Loss of earnings if your injuries have meant you’ve needed to take unpaid time off work.
Want to learn more about how much you could claim for an injury at work in Scotland? Contact our advisors for free and they can discuss your potential case and the key steps of the claiming process.
Make A No Win No Fee Claim For An Accident At Work In Scotland
Following an accident at work in Scotland, you could choose to instruct a No Win No Fee solicitor to represent your personal injury claim. If you have eligible grounds to proceed with your case, a solicitor could offer you one of two types of contracts. These are a Damages Based Agreement or Speculative Fee Agreement, both of which can be provided under the legislation called the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.
Generally, this means:
- There are no fees owed for your solicitor’s services upfront, while the claim is ongoing, or if it has a failed outcome.
- If your claim is a success, your solicitor will deduct a success fee from your compensation. However, the percentage they are legally allowed to take is capped. As such, you can keep the most of your awarded payout.
Contact Legal Expert Today
If you are seeking personal injury compensation for an accident in Scotland, get in touch to see whether you could make a claim.
You can also check our reviews to see why so many choose Legal Expert when beginning an injury at work claim in Scotland.
Our advisors can arrange a free consultation to discuss your case. All you need to do is:
- Call our 24/7 advice line on the number above
- Use our free online chat function
- Or contact us to request a call back
Resources For Victims Of Accidents At Work In Scotland
Below, you can find more useful information on making an injury claim for a Scotland accident:
- Find the best personal injury solicitors in Glasgow and how they could help.
- A guide on Scotland accident claims discussing when you could seek compensation.
- Learn about making a road traffic accident claim, such as after a cycling accident or car accident in Scotland.
Further helpful external resources:
- Information about the Health And Safety Executive in Scotland.
- Guidance on first aid from NHS Inform.
- Learn how to request CCTV footage from GOV.UK.
If you have any questions about claiming compensation for an injury and accident at work in Scotland, please don’t hesitate to get in touch.
