In this guide, we will discuss the action you could take should you suffer harm in an accident at work due to your employer’s negligence. Your employer is responsible for your health and safety at work as far as is reasonably practicable. However, if an employer fails to implement workplace safety practices, this could lead to an accident in which you are injured.
Accident at work due to employer’s negligence – can I claim compensation?
You can sue your employer for negligence. Employers owe their staff a duty of care while they are carrying out work duties. This duty of care can be breached when health and safety policies are not implemented, staff are not trained correctly, or personal protective equipment is not provided when it is necessary. If the duty of care is breached and you are injured, the employer can be liable for the damage caused.
Legal Expert can appoint a knowledgeable No Win No Fee solicitor to handle claims for an accident at work if you meet the criteria to receive compensation.
To learn whether you may have a valid claim, please get in touch with us today. Our team of advisors are on hand to offer free and confidential legal advice at a time that suits you.
To contact us, you can:
- Call Legal Expert’s helpline on 0800 073 8804
- Claim online via our webpage
- You can also use the live chat feature at the bottom of this page
Select A Section
- What Is Classed As Employer’s Negligence?
- How Could An Accident At Work Due To Your Employer’s Negligence Happen?
- What Injuries Could Negligence In The Workplace Cause?
- How To Claim For An Accident At Work Due To Your Employer’s Negligence
- Payouts For An Accident At Work Due To Employer’s Negligence
- Talk To Our Team About Your Claim
What Is Classed As Employer’s Negligence?
Under the Health and Safety at Work etc. Act 1974, employers owe a duty of care to their employees. In other words, employers must apply relevant health and safety legislation and safeguard their workers to protect them from injury. To protect their workforce, employers could implement the following standards:
- Carry out risk assessments to identify hazards that could cause injury
- Remove the hazard or control risks
- Train employees to carry out their tasks safely
- Follow industry-relevant health and safety legislation
For example, an employer may ensure that only trained people are assigned to use potentially dangerous machinery. Negligence by an employer can lead to a workplace accident, causing an injury. Consequently, an employer could be held liable.
How Could An Accident At Work Due To Your Employer’s Negligence Happen?
If an accident in the workplace due to your employer’s negligence occurs, you may wonder if you can make a personal injury claim for any harm that you have suffered, but how could an accident like this happen?
Accidents may happen under the following circumstances:
- A task is assigned to a worker who is not trained to carry it out safely, such as manual handling activities.
- Workers are made to carry out tasks without the required personal protective equipment (PPE).
- Employees are made to work with defective work equipment.
- A forklift truck accident happens because an untrained worker drives it.
- Slipped on the floor because it was wet and a sign was not displayed.
To see if you meet the criteria to claim compensation for a workplace injury, please contact Legal Expert’s team today.
What Are The Latest Accident At Work Statistics
These Health and Safety Executive (HSE) published statistics show the prevalence of non-fatal workplace injuries in Great Britain:
- In 2020/21, 441,000 workers sustained a non-fatal injury, according to the Labour Force Survey.
- In 2020/2021, 51,211 non-fatal injuries were reported to the Health and Safety Executive under RIDDOR.
- According to the Labour Force Survey, in 2020/21, there were an estimated 822,000 cases of work-related stress, anxiety and depression, new or long-standing.
- Moreover, during the same year, stress, anxiety and depression accounted for 50% of all work-related ill health cases.
What Injuries Could Negligence In The Workplace Cause?
Workplace accidents could cause an array of different injuries; some could be very minor, and others could be life-threatening or fatal. It could depend on the type of work a person carries out, the type of accident or the environment and industry.
What injuries could be suffered in an accident at work:
- A slipped disc could occur if an employee is carrying out manual handling tasks without the proper training.
- A burn injury could occur if the employer fails to provide the correct PPE when necessary.
- A worker can suffer a crush injury or finger injury if they use defective work equipment.
- On the other hand, workers could suffer from work-related illnesses because of unsafe conditions at work.
How To Claim For An Accident At Work Due To Your Employer’s Negligence
If you are injured in a workplace accident, this does not automatically mean that you can claim against your employer. To be eligible to claim, you must be able to prove negligence; this requires you to;
- Firstly show how your employer owed you a duty of care at the time of the accident and place.
- Secondly, show how your accident resulted from a breach of this duty,
- And finally, you suffered an injury or illness as a result.
Why not call our claims team today to see if you could be eligible to claim compensation for an injury caused by an accident at work?
Payouts For An Accident At Work Due To Employer’s Negligence
When pursuing a personal injury claim after an accident at work, you could ask to be compensated in two areas.
- General damages compensation is awarded for physical or mental injuries.
- Special damages reimburse you for any unavoidable expenses or financial losses related to your injuries.
Special damages can repay you for the following injury-related costs:
- Travel costs
- Medical costs
- Home adaptation costs
- Mobility equipment costs
- Care costs
- Loss of income reimbursement
We have provided a table below with injuries that could happen in an accident at work. The contents of the table is based on the guidelines from the Judicial College. However, if you win your claim, your payment may differ from what you see here. Please note that special damages are not included in the table.
| Form Of Injury | JC Guidelines | Notes On The Injury |
|---|---|---|
| Head Injuries – Very Severe (a) | £282,010 to £403,990 | The award will be dependant on whether the person can follow basic comands, life expectancy, behavioural problems, sensory impairment, gastrostomy for feeding and ability to communicate. |
| Head Injuries – Moderate (C) (i) | £150,110 to £219,070 | The person has suffered a severe to moderate level of intellectual deficit. They will also have experienced changes to their personality. |
| Knee Injuries – Severe (i) | £69,730 to £96,210 | This injury caused serious disruption to the knee joint. The person had to undergo a long period of medical treatment. |
| Knee Injury – Moderate (B) (i) | £14,840 to £26,190 | The knee injury could have resulted in torn cartilage or a dislocated knee. |
| Back Injuries – Severe (ii) | £74,160 to £88,430 | Injuries lead to nerve root damage that results in impaired bladder and bowel function, unsightly scarring and loss of sensation. |
| Back Injuries – Severe (iii) | £38,780 to £69,730 | The person could have fractured a spinal disc or suffered soft tissue injuries that lead to chronic conditions. |
| Hand Injuries – Serious (e) | £29,000 to £61,910 | Hand injuries that reduced the hands usefulness by around half (50%). |
| Hand Injuries – (f) Severe Finger Fractures | Up to £36,740 | Severe fractures to the fingers that leads to impaired grip, possible partial amputation or loss of sensation. |
| Hip Or Pelvic Injuries – Severe (iii) | £39,170 to £52,500 | The acetabulum has been fractured, leading to degenerative changes. |
| Hip Or Pelvic Injuries – Moderate (ii) | £12,590 to £26,590 | A case where an injury necessitated a hip replacement. |
If you call Legal Expert today, they can go through the elements of your case and provide you with an estimate of what you could be awarded if your case was successful.
Talk To Our Team About Your Claim
Our experienced No Win No Fee solicitors could offer to handle your claim under a Conditional Fee Agreement (CFA). Therefore you, the claimant, will not have to pay a solicitor’s fee upfront. You pay a success fee if you win your compensation claim. The success fee you pay comes out of the compensation and is capped by law. You do not have to pay the success fee if the case loses.
Please contact us today:
- Call 0800 073 8804 to speak to our team
- Or claim online
- Or use the advice widget below to ask a question
Accident At Work Due To Employer’s Negligence Guides
The guides below may be helpful if you have suffered because your employer has been negligent.
Can You Claim For An Accident At Work Without An Injury
How Much Compensation Can I Claim For A Back Injury At Work?
Claiming Compensation For Slip Trip Or Fall Injuries At Work?
An HSE guide to managing work-related stress
An HSE guide to preventing workplace harassment and violence
The NHS’s guide to coping with anxiety, fear and panic
Do you know if your employer has to provide safety boots in the UK? Read our guide to learn more.
If you have more questions about claiming compensation for an accident at work due to an employer’s negligence, please contact the team at Legal Expert today.
Guide By Chelache
Edited By Melissa.
