Minor Injury Claim – Could I Make One?
You may think that if you have suffered a minor injury, you might not be eligible to receive compensation. Regardless of the severity of your injury, and whether you suffered it in an accident at work, in a road traffic accident or in a public place, if someone else was to blame for your accident, you could make a personal injury claim. Within this guide we will share the eligibility criteria your case will need to meet to be able to make a minor injury claim.
Furthermore, we also look at the steps you could take after suffering a minor injury that could help support you if you decide to make a compensation claim. Additionally, we also look at how personal injury compensation is calculated in such claims. Finally, we look at how one of our No Win No Fee solicitors could help you with claiming compensation for your injuries.
For more information on claiming compensation for a minor accident or minor injury, please contact our team.
- You can call us today on 0800 073 8804
- You can make a claim online using our contact form.
- Or click on the live support below to speak to one of our advisors.
Jump To A Section
- Can I Make A Minor Injury Claim?
- How Do I Make A Minor Injury Claim After A Road Traffic Accident?
- Can I Claim For Multiple Injuries In A Personal Injury Claim?
- What Should I Do After Suffering A Minor Injury?
- How Much Compensation For Minor Injuries?
- What Is A No Win No Fee Personal Injury Claim?
- Learn More About Claiming Compensation For Injuries
Can I Make A Minor Injury Claim?
In order to make a minor injury claim, you will need to meet the relevant eligibility criteria. Whilst different legislation may apply depending on the circumstances in which you suffered a minor injury, all claims must show that;
- Another party owed you a duty of care. This may be an employer, a road user or the operator of a public space.
- This party will have breached their duty of care to you.
- You were injured as a result of the breach. For example, a workplace may have failed to provide the right safety shoes, and a falling object could have broken your foot.
Examples of minor injuries you could claim compensation for may include;
- Scalds and burns.
- Simple breaks and fractures. This may include a broken nose, broken hand or broken foot bone.
- Lacerations and similar wounds.
- A minor head injury.
- A soft tissue injury.
Below, we briefly look at the different scenarios where you may suffer a minor injury.
Accidents At Work
Under the Health and Safety at Work etc. Act 1974, employers owe workers a duty of care. In line with this duty, they must take reasonable steps to ensure your health and safety whilst at work.
Examples of how a minor injury may be suffered at work due to an employer breaching their duty of care includes:
- An employer failing to repair or cordon off broken flooring. You could tip or fall and suffer a minor injury such as a sprained ankle.
- An employee suffers a soft tissue injury in their back due to poor lifting technique as their employer had not provided them with manual handling training.
Accidents In A Public Place
The party in control of a public space, such as a shop, restaurant or leisure facility, is known as the occupier. Under the Occupiers’ Liability Act 1957, the occupier has a duty of care to reasonably ensure that members of the public can safely use the space for its intended purpose.
Examples of how a minor injury could be suffered in a public place due to a occupier breaching their duty of care includes:
- The occupier of a shopping centre failed to repair a broken handrail on a stairway. A customer may reach for and put weight on the rail. This could cause it to collapse and the person to fall down the stairs and suffer a simple arm fracture.
- Playground equipment in a park could be broken, leading to a child falling and suffering a minor head injury.
Road Traffic Accidents
All road users have a duty of care towards each other. They must use the roads in a way which is safe for themselves and other road users. In line with this, they must adhere to The Highway Code and The Road Traffic Act 1988.
Examples of how minor injuries could be suffered due to a road user breaching their duty of care includes:
- Failing to pay due care and attention to the vehicle in front. Failure to do so could lead to a rear shunt accident. Such accidents may cause whiplash injuries.
- Failing to stop at a junction could lead to a car accident where the driver that was hit suffers a frozen shoulder injury.
In any of these circumstances, it may be possible to make a personal injury claim for the minor injuries suffered. Please contact our advisors today to discuss your case.
How Do I Make A Minor Injury Claim After A Road Traffic Accident?
If you have suffered a minor injury (or minor injuries) in a road traffic accident in England or Wales, such as whiplash, the process in which you make your claim has now changed. You will now need to make your claim through a different avenue if the following criteria apply to your case:
- The injured party is the driver or passenger of a vehicle.
- They are aged 18 or over.
- The injuries are valued at no more than £5,000.
Under the Whiplash Injury Regulations 2021, whiplash injuries are valued by using a fixed tariff. This tariff is set out in the regulations. Additional injuries that have been suffered in the accident that are not covered by this tariff will be valued traditionally.
Furthermore, if your additional injuries bring the overall value of your claim over £5,000, you will make your claim via the traditional route, but the fixed tariff amounts will still apply for your whiplash injuries.
To learn which avenue you should take when making your minor injury claim following a road traffic accident, you can contact our advisors.
Can I Claim For Multiple Injuries In A Personal Injury Claim?
If you have been involved in any of the types of accidents discussed in this guide, you may have suffered multiple minor injuries. For example, if you fell down a staircase you may have suffered a broken ankle as well as a sprained wrist.
Whilst each of these is a separate injury, and all may be minor, you could make a single personal injury claim. However, you will need to prove that all these injuries were suffered in the same accident due to someone breaching a duty of care they owed you.
For more information on how personal injury claims for multiple injuries work, please contact our team today.
What Should I Do After Suffering A Minor Injury?
If you have been injured in an accident which was not your fault there are several steps you can take to help support you making a minor injury claim.
Steps you could take when making a personal injury claim may include:
- Getting medical assistance. This could include getting first aid at the scene of the accident, being taken to hospital or visiting your GP. You could then request a copy of your medical records to be used as evidence regarding what injuries you suffered.
- Reporting the accident to any relevant parties. For example, accidents at work should be reported to your employer and recorded in the accident report book.
- Noting down the contact details of anyone who witnessed your accident. They could provide a statement later into the claims process.
- Taking photographs of the accident scene and your injuries.
- Acquiring any video footage of the accident, such as CCTV or dashcam footage.
Following these steps, you could also contact one of our advisors. They could assess your minor injury claim. If they think you have a valid case, they could connect you to one of our No Win No Fee solicitors.
How Much Compensation For Minor Injuries?
If you make a successful minor injury claim, your settlement may be made up of two parts. These are general damages and special damages.
General damages take account of the harm you have suffered. They compensate people for any physical and/or psychological injuries suffered.
Those valuing your claim for general damages may refer to the Judicial College Guidelines (JCG) for help. Within this document are compensation guidelines for a wide range of injuries varying from minor to severe in severity.
In the table below we have included figures from the JCG. We should note that the first figure does not come from the JCG. Additionally, the last two entries have been taken from the fixed whiplash tariff.
Harm | Severity | Compensation |
---|---|---|
Multiple injuries with special damages. | Moderate or minor | Up to £100,000+ |
Back injury | B - Moderate (i) | £33,880 to £47,320 |
Hip or pelvic injury | B - Moderate (ii) | £15,370 to £32,450 |
Neck injury | B - Moderate (ii) | £16,770 to £30,500 |
Shoulder injury | C - Moderate | £9,630 to £15,580 |
Brain/ head injury | E - Minor | £2,690 to £15,580 |
Elbow injury | C - Moderate to minor | Up to £15,370 |
Eye injuries | H - Minor | £4,820 to £10,660 |
Whiplash injury | With Psychological Injury | £4,345 |
Whiplash injury | Whiplash Injury Only | £4,215 |
Special Damages In Minor Injury Claims
Special damages take account of the financial impact that the injury may have had on you. Their purpose is to try to put you back into the same financial position you were in prior to the accident.
Personal injury claims could compensate for financial losses such as:
- Lost wages and income due to time off work during your recovery. This could include compensation for entitlement to overtime, holiday and pension contributions.
- Travel costs, such as the expense of getting to and from medical appointments related to your treatment and recovery.
- Mobility equipment required for the short, medium or long term. This may include hiring crutches or a wheelchair.
In order to claim for financial losses as part of your minor injury claim, you will need to include evidence of these. Evidence which could be submitted when claiming compensation for special damages could include bank statements, invoices and receipts.
For more information on claiming compensation fir your personal injuries, you can contact our advisors.
What Is A No Win No Fee Personal Injury Claim?
If you are eligible to make a minor injury claim, a No Win No Fee solicitor could help you. They can help you navigate the claims process and help to secure the best possible settlement for your injuries.
One of our No Win No Fee solicitors could help you to make a minor personal injury claim under a Conditional Fee Agreement (CFA). Under a CFA, a solicitor can help you claim without the need to pay in advance for their services. They will also not ask you to pay for their services during the personal injury claims process or if the claim fails.
If your claim is successful, you will be charged a success fee. This fee will be deducted from your compensation. There is a legal limit on the percentage that can be deducted as this fee.
For more information on how a No Win No Fee solicitor could help you make a minor injury claim, please contact one of our friendly advisors:
- Contact our team on 0800 073 8804
- Start a claim online by filling in our contact form.
- Or click on the live support below.
Learn More About Claiming Compensation For Injuries
Below you can find out more about claiming compensation for your injuries:
- Learn when you could claim compensation for an office accident in this claims guide.
- Learn more about pub and bar accident claims in our guide.
- If your hand and fingers were trapped, caught or crushed in a door, you could claim compensation.
References:
- View your entitlement to Statutory Sick Pay if you need to take time off work from Gov.UK.
- You can visit an Urgent Treatment Centre for the treatment of minor injuries.
- Learn more about the Whiplash Reform Programme and when it may affect your claim.
Thank you for reading our guide to making a minor injury claim. To learn more about when and how you could make a claim, speak to one of our advisors.