Have you suffered physical, psychological and financial harm because of a work accident that wasn’t your fault while on a job abroad? Our solicitors are experts at helping eligible claimants with accident working abroad claims, and this guide explains how they could help you.
We’ll start with some examples of claims for an accident while working abroad. Eligibility to start a claim is explained. How compensation could be awarded is described in detail, and we also detail the evidence you can gather to make your claim as strong as possible.
The final sections of our guide explain the advantages of working with our solicitors. They can offer qualifying claimants a type of No Win No Fee arrangement to commence their legal action. This avoids the need for upfront or ongoing solicitors’ fees and can help you fund your legal representation today.
To learn more, read on, or you can discuss accident compensation claims abroad with our advisory team now by:
- Calling on 0800 073 8804
- Fill out our contact us form and an advisor will get back to you
- Use the live chat feature below.
Frequently Asked Questions
- Examples Of Accident Working Abroad Claims
- Am I Eligible To Claim If I Was Injured Working Abroad?
- How Much Compensation Could I Get?
- Who Would Be Responsible For Paying My Compensation?
- What Evidence Is Needed For Accident Working Abroad Claims?
- Do I Have To Start My Claim Within A Time Limit?
- Can I Make A No Win No Fee Claim?
- More Information
Examples Of Accident Working Abroad Claims
Working abroad can cover a wide range of activities that may be essentially very similar to workplace activities in the UK. We look at some accident examples that might be encountered:
- A member of the bar staff on a cruise ship suffered severe cuts to their hand while trying to load and unload defective work equipment.
- A construction worker fell from an unsecured balcony on a site because safety guards were not put in place.
- Workers on an oil rig were not provided with the correct personal protective equipment (PPE), and a worker suffered damage to his eyes trying to perform a task with no eye protection.
- The tiles around a swimming pool area were left broken and unrepaired, which caused a holiday rep to stumble and suffer soft tissue lacerations and a fractured wrist.
As is the case in the UK, if you can link the injuries you suffered to some shortcoming in the health and safety standards required, you could have a legitimate claim. To discuss your particular circumstances and talk about accident working abroad claims, reach out to a member of our advisory team.
Am I Eligible To Claim If I Was Injured Working Abroad?
You could have a valid compensation claim for personal injury if your employer failed to ensure that your working conditions were safe and met required standards. To be eligible, the following must apply:
- A duty of care protected you.
- Your employer breached this duty.
- You suffered harm as a consequence.
The Health and Safety at Work etc Act 1974 (HASAWA) binds all UK employers to adhere to certain health and safety standards. It also sets the duty of care that UK-based employers must comply with. Even if the physical location of your workplace is outside of the UK, your employer has a duty of care to take reasonable and proportionate actions to ensure you are protected from being harmed whilst performing your job. Amongst other things, this includes:
- Regular risk assessments.
- Proper training and provision of personal protective equipment (PPE) as required.
- Giving clear health and safety advice.
Furthermore, there may be local laws regarding health and safety in that country that employers must ensure they comply with. With this in mind, if you feel that your employer failed to take commensurate actions and you suffered harm as a result, speak to our advisors about accident working abroad claims.
How Much Compensation Could I Get?
How much compensation you could get largely depends on the nature of your injuries, along with any financial losses they caused. For example, a very severe brain injury could be awarded between £344,150 and £493,000 (according to the Judicial College Guidelines). In addition to that, the injured party may need to be airlifted home and require lifelong care alongside major accommodation adjustments, pushing the overall settlement into the millions. However, if an employee abroad suffers a less severe arm injury, they could be awarded between £23,430 and £47,810 for the physical harm and have considerably fewer expenses.
Accident working abroad claims will be awarded compensation in the same manner as any other personal injury claim. Settlements could consist of both general and special damages. General damages allocate an amount to the physical harm, any long-term disability and psychological injuries caused by the accident. Special damages compensate for any financial hardships caused by the injuries.
To assess an amount for general damages, those involved will use medical evidence, such as medical records or the results of an independent medical evaluation, to help them. In addition to this, they might consult publications such as the Judicial College Guidelines (JCG). This document (in its 17th edition) applies guideline amounts to various injuries based on how serious or severe they are.
The table below illustrates some examples from the JCG (except the top entry). These are strictly guidelines. Please note that the best way to obtain an accurate idea of what compensation could be owed is to discuss your claim in detail with an expert. If you’d like to see whether our solicitors could take on your case, call the team.
Compensation Guidelines
| INJURY | SEVERITY | GUIDELINE BRACKETS |
|---|---|---|
| Multiple types of injury and special damages for the lost income, care costs and medical bills. | Serious | Up to £1 million plus |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 |
| (c) Moderate (iii) | £52,550 up to £110,720 | |
| Arm | (a) Severe | £117,360 up to £159,770 |
| Neck | (a) Severe (ii) | £80,240 up to £159,770 |
| Hand | (b) Serious damage to both hands. | £68,070 up to £103,200 |
| Knee | (a) Severe (ii) | £63,610 up to £85,100 |
| Eyesight | (d) Total loss of one eye | £66,920 up to £80,210 |
| Psychiatric Damage | (b) Moderately Severe | £23,270 up to £66,920 |
| Back | (b) Moderate (i) | £33,880 up to £47,320 |
A second category of loss often factors into the final compensation calculation. Special damages can be awarded to reimburse the claimant for the financial harm they suffered because of the injury. Evidence needs to be put forward to include this in a claim, such as:
- Wage slips or statements that show how your income dropped or halted after the injury.
- The costs of the private medical treatments you needed.
- Long-term expenses for rehabilitation or disability needs.
- Proof of the expense of paying others to care for you.
- Evidence of additional childcare costs.
- Travel expenses to vital appointments.
For more information, please speak to our advisors about calculating your accident at work claim or any aspect of international personal injury claims.
Who Would Be Responsible For Paying My Compensation?
Generally, an insurance company will be responsible for paying your settlement. You may think that if you make a successful personal injury claim against your employer, the compensation awarded would come out of their pockets. However, this is not the case. UK employers are required by law to hold Employers’ Liability Insurance, usually to a minimum of £5 million. If a claim against them is successful, the insurance company pays the compensation.
For personalised guidance on who might be liable to pay you compensation, speak to the team about accident working abroad claims. A friendly advisor can also help assess your eligibility, provide guidance on your next steps and give a more accurate estimate of the personal injury compensation you could be awarded.
What Evidence Is Needed For Accident Working Abroad Claims?
Evidence is required in personal injury claims that shows a breach of the duty of care caused the injury. With this in mind, it is useful to collect as much of the following as you can:
- Photos of your injuries.
- Copies of CCTV footage of the accident.
- The contact information for others who witnessed the accident. This will allow them to be approached for a supporting statement in the future.
- A copy from the workplace accident book that may be kept on the premises.
- Reports from any emergency teams that attended the accident.
You might have other forms of evidence that could help strengthen your argument to be compensated. Why not see if our solicitors can cast their expert eye over your claim after an accident working abroad? Get in touch with an advisor today for a free consultation and if you meet the eligibility criteria, they can connect you to one of our solicitors.
Do I Have To Start My Claim Within A Time Limit?
Typically, there is a 3-year time limit in which to start accident working abroad claims. The Limitation Act 1980 sets the personal injury claims time limit. This typically begins from the date of the accident itself. Exceptions to this standard time frame are as follows:
- Minors cannot launch a personal injury claim until they are 18, from which point the 3 year time limit starts.
- Claimants who lack the mental capacity to claim themselves are not subject to a time limit. However, should their capacity return, they have 3 years to launch a claim from the date of recovery.
However, a litigation friend can manage a claim on behalf of an exempt injured party at any point during the limitation period suspension. To become a litigation friend, for example, to act on behalf of your spouse who suffered a serious brain injury, you would need to apply to the courts and they will appoint you as one. If you would like to discuss time limits, litigation friends or any aspect of claims for an accident working abroad, connect via the contact options above.
Can I Make A No Win No Fee Claim?
If you meet the criteria for eligibility that were explored above, you could start a compensation claim for an accident while working abroad with the support of a No Win No Fee solicitor. You don’t have to use the services of a solicitor, but it makes sense to see if they could help. Our solicitors can do the following:
- Calculate the compensation you’re owed much more accurately than any online calculator.
- Help you collect supporting evidence like witness testimony and medical findings from specialists.
- Deal with all the correspondence and deadlines for any court requests as the claim moves forward.
- Represent your accident abroad claim professionally at all times.
- Keep you updated on your case.
Additionally, our solicitors provide these excellent services without creating yet more urgent or additional expense. Because they offer their No Win No Fee services under a Conditional Fee Agreement (CFA), you can take advantage of the following if your claim qualifies:
- No requirement to pay for the initial solicitors’ fees to start work.
- No solicitors’ fees for work moving forward.
- No applicable fees for completed work if the claim is unsuccessful.
- If the claim is a success, a nominal percentage is taken from the compensation. This amount can be agreed upon between the solicitor and you before the work starts.
- In addition to this, the percentage that can be deducted as a success fee is capped by law. This ensures that the person claiming receives virtually all their compensation.
If No Win No Fee terms are of interest to you after an accident while working abroad, get in touch. Our team can assess the strength of your claim and potentially direct you to our solicitors to get started.
Contact Our Solicitors
- Call our team on 0800 073 8804 about your workplace injury while abroad.
- Send us a message using our online contact us form
- You can also reach us online with our 24/7 live chat.
More Information
In addition to information on claims for accidents while working abroad, these other resources might be helpful:
- This guide looks at how to claim after a serious injury at work.
- Here we explore cruise ship accident claims in detail.
- Also, personal injury claims against an employer are detailed here.
External reading:
- This resource looks at working in an EU country.
- Here, also from GOV.UK, you can find guidance for workers abroad.
- Also, read about how to check your symptoms after an accident.
In conclusion, thank you for reading this guide about accident working abroad claims. If you need any further information or support after being injured abroad, the team are happy to assist.
