Accident at Work Claims – Get the Compensation You Deserve!

Sometimes, a work injury is not entirely the employer's fault. You may also hold some of the blame if, for example, you weren't paying attention to where you were going or chose to use a broken ladder. This is known as contributory negligence.

If you find yourself in this situation, do not assume you cannot take any action. You could still be entitled to make a workplace accident claim, but any injury compensation you win will be reduced to reflect the extent to which you were to blame. For example:

• If you are entitled to £100,000 in damages, but you were deemed 20% legally responsible for what happened, you could expect your award to be reduced to £80,000.
• If you are entitled to £100,000 compensation, but you were 50% to blame, you may be awarded £50,000.
• If you were more than 50% to blame or the accident was entirely your fault, you would not be eligible to make a workplace injury claim.

The accident at work solicitors we partner with are experts in this field. They will be able to build a strong case in your favour and highlight that your fault in the accident was minor to secure the best compensation amount for your injury and financial losses.

An injury at work could also be caused by a coworker's negligence, action or inaction. Even in this case, you have every right to start a work accident claim. In such situations, the coworker will not be liable for compensation but rather your employer.

Vicarious liability is a rule of law that places strict liability on employers for any negligent or wrongful act an employee commits. Common reasons for workplace accidents caused by a coworker include the following:

• Insufficient training on how to use machinery or equipment
• Your employer hired a coworker who was not qualified for the job
• A lack of health and safety measures in the workplace
• Faulty or poorly maintained equipment or machinery
• Failure to maintain a safe working environment and hazards such as slippery surfaces and lack of warning signs

If your employer took all the reasonable measures dictated by the law, they cannot be held liable for your coworker's actions. However, you could start an injury at work claim through the CICA if your colleague caused you intentional harm. This is a government organisation funded by taxpayers that pays compensation to blameless victims of crime.

You could still make a work accident compensation claim even if there were no witnesses to your injury. A witness statement that corroborates your account of what happened can provide key evidence for your case. However, it is not a requirement for starting a work accident claim.

A witness could also be someone who did not see first-hand how you were injured in an accident. For example, it could be a colleague or supervisor who was aware of workplace health and safety issues, such as poorly stacked items or faulty machinery.

If no witnesses can support your claim, your case will be ruled based on a balance of probabilities and other evidence you can produce. This could include medical records, photographs of the accident scene, CCTV footage or training records. The balance of probabilities involves determining whether your account of the events is more likely than the defendant's.

If you suffered an accident at work and your employer denies liability, that does not mean you will be denied compensation. If your solicitor can establish a breach of duty, they will contact your employer and state the basis of your claim. They will have three months from this point to investigate the case and gather facts about the incident.

If your employer denies liability at the end of this period, that means:

• They do not accept legal responsibility for your accident
• They do not think they should pay you work injury compensation

They may do this to try and discourage you from making a claim and convince you to accept a lower offer from them. They may be reluctant to report the incident to their insurer, which could increase their insurance premium. Do not take any compensation from your employer before talking to a personal injury lawyer.

Whatever their reasons for denying liability, this will not affect your right to claim. Moreover, their insurance company may accept your accident at work claim regardless. Settling a case in the early stages is typically more cost-effective than going to trial.

If the insurance company also denies liability, your personal injury solicitor may issue court proceedings. This may incentivise your employer to admit fault and start negotiations to settle your claim. Otherwise, your case will go to trial and be decided by a judge based on the available evidence.

The Health and Safety Executive (HSE) is a government agency responsible for regulating and enforcing workplace health and safety. The HSE was established by the Health and Safety at Work Act 1974, and it aims to prevent deaths, illnesses, and injuries to employees. It does this in various ways, such as:

• It gives advice, guidance, and information to both employers and workers
• It develops and enforces regulations to keep people safe at work in different industries
• It inspects and investigates companies to make sure they follow these regulations
• It publishes materials, guidelines, and resources to help companies understand and implement best practices
• It keeps track of workplace accidents, illnesses, and fatalities
• It promotes workplace health and safety through ads, training, and teaching
• It looks closely at severe accidents at work to learn why they happened and how to stop them from happening again
• If a company breaks the safety rules, the HSE has the authority to prosecute them

Under UK law, employers must report certain types of accidents and illnesses to the HSE, or they may risk heavy fines. They will investigate all the reports of severe injuries, such as brain trauma, multiple fractures, blindness, or fatalities. If you want to claim for an accident at work, you don't have to wait for the HSE to finish their investigations. However, you can use their report to support your case if available.

Under RIDDOR (Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013), employers must report the following types of work accidents and illnesses:

• Fatal accidents. Any work-related accident or act of violence that leads to the death of a worker or member of the public;
• Major injuries. Injuries such as fractures, amputations, dislocations, severe burns, loss of sight, damage to the brain or internal organs;
• Over-seven-day injuries. Any accident that results in an employee being away from work or unable to perform their duties for more than seven days in a row;
• Occupational diseases. Diagnosed cases of certain work-related conditions, like carpal tunnel syndrome, asthma, cancer, or hand-arm vibration syndrome;
• Dangerous occurrences. There are 27 categories of near misses that must be reported to the HSE, such as the collapse of scaffolding, the accidental release of a dangerous substance, or machinery malfunctions;
• Gas incidents. Any accidental release of gas that results in a worker's death or requires them to be taken to the hospital.

Employers must report these incidents to the Health and Safety Executive (HSE). The HSE will investigate the case and take necessary measures to prevent such accidents in the future. Failure to report RIDDOR incidents when required can result in legal action being taken against the company.

The construction industry is renowned for being high-risk because of the use of heavy machinery and vehicles and the labour-intensive nature of the work. For this reason, there are many specific regulations put in place by the government to help ensure that the construction sector is as safe as possible. But even with such health and safety rules and regulations in place, construction and building site workers are still particularly vulnerable to injury.

Some of the most common construction work accidents include:

• Back injuries and joint disorders from manual handling
• Falls from heights, particularly those working with scaffolding and ladders
• Improper supply or use of PPE such as safety boots, helmets, goggles, gloves and safety harnesses
• Inadequate maintenance of machinery and equipment
• Exposure to unsafe substances or continued exposure to building byproducts such as dust
• Vehicle injuries such as being hit by a forklift truck or digger

All construction industry employers have a legal responsibility to maintain a safe environment to work in. Through regular risk assessments, employers should remove or minimise dangers that pose a risk to their staff. If an employer does not observe this duty of care, they can be considered liable for any accidents or injuries that subsequently occur at work.

Employees who work in a factory or warehouse will be aware of the vast number of risks that they face on a daily basis. With heavy machinery, multiple vehicles, a fast pace and often the need to work at heights, factory and warehouse workers have numerous dangers to contend with.

Some of the most common factory accidents that injury solicitors have processed claims for include:

• Slips, trips and falls – often on wet floors and because of obstructions or poorly maintained flooring
• Falls from heights
• Machinery malfunctions
• Vehicle accidents – particularly with forklift trucks
• Injuries caused by improper manual handling
• Being struck by falling items from shelving
• Manual handling injuries from heavy or repetitive lifting

The types of injuries that occur in factory and warehouse accidents range from minor to very serious and sometimes, even fatal. Accidents in this sector can have a devastating impact on a person’s ability to work, earn and live a full life.

There will naturally be inherent dangers that members of the armed forces face. But this does not mean that those working for the military are denied the right to a safe working environment. Nor does it preclude them from the possibility of claiming compensation following an accident that has resulted from negligence.

If any member of the armed forces has suffered an injury because they were not adequately trained, did not receive the right protective equipment, fell victim to faulty machinery or was involved in a military vehicle accident, they may be entitled to make a military injury claim.

Military personnel injured due to their service also have the option of claiming compensation through the Armed Forces Compensation Scheme. This has a time limit of seven years from when the injury or illness occurred.

Industrial sites pose a variety of risks to workers, especially if their employer does not observe the appropriate health and safety regulations. The most common causes of industrial site accidents that solicitors deal with are related to faulty machines, falls from heights, vehicle accidents and being hit by falling objects.

As well as these types of accidents, claims can also be made for illness and injury caused by harmful substance exposure, hearing loss, chemical burns and vibration injuries.

Offices may seem like one of the safest environments to work in, but they are certainly not exempt when it comes to workplace accidents. Injuries sustained in office accidents can range from minor injuries to very serious, life-changing issues.

The most common accidents that occur within offices include:

• Slips, falls and trips over obstructions and wet floors
• Poorly maintained electrical equipment, which leads to shocks and burns
• Repetitive strain injury from typing and other repetitive tasks
• Eye strain injuries from poor workstation design
• Back injuries from improper workstation setups and even from manual handling when the employee lifts boxes of supplies, water-cooler tanks, etc.

An office may be a less risky environment than more industrial settings, but office employers have the same legal duty to provide a safe workplace for their staff.

If your employer has failed in their duty of care to provide a safe setting, train you properly or maintain equipment, and you have suffered an injury or illness as a result, you may be entitled to make a claim for compensation.

The safety of an agricultural workplace is one of the most temperamental, with accidents often being very serious, and even fatal. All farms and agricultural businesses have a duty of care to protect their workers from unnecessary risks, and they are legally obliged to carry out risk assessments and observe strict health and safety regulations. Still, we do see common injuries sustained in farm accidents and agricultural settings, which include:

• Back pain, sprains and joint damage from manual work and heavy lifting
• Injuries caused by faulty or inadequately serviced machinery such as tractors and cherry pickers
• Farmer’s lung, which is an illness caused by the continual breathing in of dust from old crops and presents allergic reaction symptoms
• Asbestos exposure illnesses from old farm buildings and demolition work
• Slips and trips from untidy workspaces
• Falls from heights when working on ladders
• Injuries suffered when working with farm animals
• Lacerations from barbed wire and other sharp objects

Healthcare workers, including doctors, nurses, paramedics, and other staff, are exposed to various risks and hazards in their workplace. They may suffer from minor incidents to serious injuries. Some common causes and types of healthcare worker accidents include:

• Slips, trips, and falls due to spills, wet floors or cluttered walkways
• Needlestick injuries from needles or other sharp objects that carry the risk of infections
• Injuries to the back due to lifting or moving patients
• Exposure to infectious diseases
• Verbal or physical abuse from patients or their families
• Stress, burnout, or mental health issues due to the nature of their work, long hours, and exposure to traumatic events

All healthcare facilities must adhere to health and safety regulations. They must provide appropriate training and PPE and have measures to prevent accidents and injuries. Failure to do so may lead to a successful work injury claim.

The retail and hospitality sectors encompass many businesses, such as shops, restaurants, hotels, bars, and entertainment venues. Accidents in these industries can lead to harm ranging from minor to life-threatening. All employers and business owners must protect the health and safety of their employees. Common causes of injury in retail and hospitality settings include:

• Slips and trips due to wet or slippery floors, cluttered walkways or poor lighting
• Falls from heights, such as ladders, scaffolding, or other elevated structures
• Manual handling injuries from improper lifting techniques, heavy loads and repetitive motions
• Falling objects from shelves, unstable shelving units or falling overhead signs
• Burns and scalds from contact with hot surfaces, fires or harmful substances
• Injuries and psychological trauma due to assaults from violent customers

The transportation and haulage industry refers to the movement of goods and people by road, rail, sea, or air. Transport accidents most commonly involve road traffic collisions. These can affect drivers, passengers, pedestrians, and others. They may have various causes, such as:

• Driver fatigue due to long hours on the road
• Excessive speeding or reckless driving
• Inadequate training and lack of experience
• Poor vehicle maintenance
• Overloading or improperly secured loads
• Sudden mechanical failures, such as brake or engine malfunctions
• Insufficient rest breaks
• Poor road or weather conditions

If your employer has failed to take reasonable measures to keep you safe from injuries, you could claim compensation for an accident that was not your fault.

Besides injuries caused by acute trauma, you could also make a work accident claim if you develop an occupational illness. This refers to a medical condition that is primarily caused or aggravated by exposure to risks and hazards at work. Common examples of occupational diseases for which you could make a work injury claim include:

• Repetitive strain injuries (RSIs). RSIs, such as carpal tunnel syndrome, can develop from repetitive tasks like typing or assembly line work. They cause pain, discomfort, or impaired function in the muscles, tendons, nerves, and other soft tissues.
• Lung and respiratory issues. Workers exposed to dust, allergens, or toxic substances may develop respiratory problems. Common illnesses include asthma, chronic obstructive pulmonary disease (COPD), silicosis and asbestosis.
• Hearing loss. Prolonged exposure to loud noises can lead to hearing loss or impairment. The hearing damage can range from tinnitus to complete deafness in both ears.
• Injuries caused by vibration. Vibrating tools and machinery like power drills and chainsaws can affect the nerves, joints, muscles and other tissues. Prolonged use can lead to conditions like Vibration White Finger (VWF) and Hand Arm Vibration Syndrome (HAVS). These injuries can have long-term effects that impact your ability to work and carry out daily activities.
• Occupational dermatitis. Work-related dermatitis is a skin condition caused by exposure to certain irritants or allergens. It is a common health issue that can affect workers in various industries. Symptoms can vary but often include redness, itching, dryness, cracking, and skin blistering.
• Occupational cancer. Exposure to carcinogenic substances and other agents in the workplace can lead to cancer. There are various types of occupational cancer, including mesothelioma, bladder cancer and skin cancer.

If your employer has failed to take steps to protect your health at work, you may be eligible for compensation.

If you have a workplace accident, your primary concern should be to seek medical care. You should visit your GP or the hospital as soon as possible, even if you do not think your injuries are severe enough to warrant a visit to the doctor.

Medical records are an essential part of a work accident compensation claim. They provide evidence of the nature and extent of your injuries and the treatments you received and may prove the link between your accident and the harm you suffered.

While you may still be entitled to claim if you didn't immediately seek medical help, this can present challenges to your case, such as:

• It can be more difficult to establish a direct link between the accident and your injuries
• The defendant could argue that your injuries were due to something else that happened after your accident
• You risk making your injuries more severe and challenging to treat

Seeking treatment as soon as possible will also show you took reasonable steps to mitigate your loss. If you delay medical care, the defendant could argue this exacerbated your injuries, and they are not entirely at fault for their extent. That may result in a reduced compensation award.

If an accident at work worsens a pre-existing condition, you are still entitled to compensation from your employer. The principles of the claim stay the same as for any other injury. To have a valid case, you need to prove a link between your employer's negligence and the worsening of your condition.

Common types of pre-existing conditions that could be made worse by a workplace accident include neck and back pain, fractures, and brain injuries. To make a strong case, your solicitor will look at the following:

• What caused your condition
• Whether the accident has worsened your condition
• The degree to which your pain and discomfort have intensified
• Their impact on your daily life before and after the accident
• Any income you've lost from being unable to work
• The financial expenses associated with additional medical treatment

With your approval, your solicitor will access your medical records and consult with experts to assess the impact of the accident on your existing condition. If your claim is successful, the amount of compensation you are awarded will only take into account the degree to which the accident made your injury or condition worse. In other words, you wouldn't be compensated for the extent of the original injury that wasn't your employer's fault.

Yes, you can claim for a new accident even if you've already claimed for a different one in the past. Each accident and claim is typically assessed on its own merits, and the fact that you have made a previous claim does not necessarily prevent you from seeking compensation for another one. However, it is essential to remember that you cannot claim for the same injury twice. But as mentioned above, you would be entitled to claim if an accident worsened an existing injury.

If you are self-employed or unsure about your employment status, you may still be eligible to make a claim following a workplace accident. A personal injury lawyer can help you assess the cause and liability of your accident to determine whether you are entitled to pursue compensation for any injuries you sustained.

Self-employed people are usually responsible for ensuring that their own working environment, machinery and practices are safe. Because of this, many self-employed people believe they are not entitled to claim if they have an accident. This is not always the case, as often, self-employed people are contracted to work for other companies.

In these situations, it would be the responsibility of the company that the self-employed person is working for to provide a safe place of work. This means that if you are self-employed and have been injured whilst working for another company, you may still have a valid claim for personal injury compensation.

A zero hours contract is an employment contract between an employer and an employee. This arrangement states that the employer is not legally obliged to guarantee any working hours. Likewise, the employee does not have to accept any work they do not want and is free to work for other employers as well.

In 2023, about 1,18 million people in the UK were on zero hours contracts. This arrangement is commonly used in sectors such as care work, delivery driving and hospitality.

If you were injured in a workplace accident while on a zero hours contract, you can still make an accident at work claim. Employers have duties under health and safety legislation towards all employees, regardless of their employment status. You are entitled to compensation if they were at least partially at fault for your accident.

Knowing your rights can be challenging if you just started a new job and suffered an injury at work. You might be concerned that you do not have the right to claim compensation from your employer as a new employee. However, if they were negligent and at least partially at fault for your accident, you could still make an injury at work claim.

To learn more about your legal rights, do not hesitate to call 0800 678 1410 to talk to one of our personal injury lawyers. They will offer you a free case assessment and answer any questions you have about the claims process.

According to the Health and Safety Executive, employers are responsible for the health and safety of anyone they take in on work experience. Young people and students with work experience will be treated as employees for insurance. That means that if you decide to make a work accident compensation claim, you will be covered by your employer's liability insurance.

However, if you are under 18, you cannot start a claim yourself. Instead, a parent or another suitable adult must start legal proceedings on your behalf. After turning 18, you have three years to claim for an accident at work if nobody else did it as your litigation friend.

You may decide to do voluntary work to help the community or increase your prospects of finding paid employment. That means you will not be paid for your work and may not have the same rights as paid employees.

Nonetheless, the employer you volunteer for still has a legal duty to protect your health and safety. They must provide a safe workplace, training on how to do your job and any necessary equipment. Failing to do so would make them liable for any injury sustained while doing voluntary work.

If you were injured while working as a volunteer, you should report the accident, get medical care and gather as much evidence as possible about it. A solicitor can help you make an injury a work claim on a no win no fee basis and secure compensation for your damages.

Under the Health and Safety guidelines, employers have the same responsibility towards people working from home as any other employee. They should conduct a risk assessment to determine whether it is appropriate for you to work from home. They may need to visit your home and ensure your work set-up is free of risks and that you have adequate tools and equipment for the job.

Your employer must provide advice and guidance on using home equipment safely and must supply any necessary PPE. Nonetheless, you also have to take reasonable care of your health and safety. Thus, making an injury claim while working from home can be complicated. But if you can prove that your employer was in some way negligent and directly caused your injuries, you may still be eligible for compensation.

If you have an accident abroad, you should report it to your employer as soon as it occurs. You should also gather as much evidence as possible to show how it happened and how it has affected you. If there was a breach of duty or negligence, the solicitors we work with could help you claim compensation for your injuries.

The country your employer is based in might affect how your solicitors pursue the claim. If they are UK-based, you can usually make your claim in the UK courts, even if your accident happened abroad. If your employer is based overseas, you may still be able to claim in the UK. However, in some cases, it may be beneficial to make your claim abroad, as you may be awarded more compensation.

The legal framework in the country where your accident occurred may also affect the time in which you can make your claim. While the claim limitation period is three years in the UK, it could be shorter in other countries. You should seek legal advice as soon as possible if you want to claim for an accident at work abroad.

You can claim compensation for any lost earnings if you had to take time off work due to your injuries. If you will be off work for a considerable period, you can also claim for the expected future loss of earnings. Furthermore, your award could include loss of commission and overtime, loss of pension, bonus payments, lost holiday days and any other income you have lost.

You will need evidence to prove any loss of earnings, such as payslips, bank statements or written confirmation from your employer about your income. If you are self-employed, you may use invoices, copies of client orders and evidence of income from your accountant.

The compensation for loss of earnings is typically worked out by calculating how much you earn per day. This sum refers to the net pay after deducting any tax and insurance. This figure will then be multiplied by the number of days you missed from work. Importantly, any Statutory Sick Pay you received will be subtracted from the compensation award.

If you want to claim compensation for a workplace injury, you don't need to worry that this will affect your employer financially. Under the Employers’ Liability (Compulsory Insurance) Act 1969, all businesses, large or small, must hold valid Employers' Liability (EL) insurance against personal injury claims from employees. If your employer is found liable for your accident, their insurance company will pay your compensation.

There are a handful of exceptions to this legal duty. For example, small family businesses that are not a limited company are exempt if all employees are family members. EL insurance is also not compulsory for the National Health Service (NHS). All claims against the NHS are handled by their insurance company, NHS Resolution.

If you have a valid work accident claim, your solicitor will contact your employer's insurer and negotiate the best compensation on your behalf.

The compensation you receive in a claim for an accident at work is not taxable. That means you get to keep all the money you obtain, apart from the success fee paid to your solicitor. The compensation aims to put you back in the same financial position you would have been in if the accident never occurred. For example, the award for lost wages will be the same as your net pay after tax deduction. Thus, there would be no reason to pay further income tax for these damages.

Some people may choose to invest their compensation. In this case, any interest you receive will be treated as taxable income. Income tax is payable even if the investment is made with funds from a personal injury trust.

An interim payment refers to a sum of money paid in advance to the claimant from the total amount of compensation. This payment aims to help you pay for medical care and cover lost earnings while the case is ongoing.

Interim payments are usually reserved for work accident claims that involve severe injuries, such as brain or spinal cord trauma. These cases typically take a long time to settle, during which you may face financial burdens. However, you must fulfil some criteria to be eligible for an interim payment, such as:

• The defendant has admitted they are responsible for your injuries.
• Any trial would likely go your way because you have clear evidence to prove liability.
• You have a good reason for requesting the payment, such as pressing financial needs you cannot cover otherwise.
• Your request is for a reasonable amount.

Your solicitor will apply for an interim payment early in the claims process to ensure your financial needs are taken care of, and you can focus on recovery.

While some employment contracts may state that your pay will remain unaffected if you are injured at work, employers are not typically obliged to pay you your entire wage. However, you may be eligible to claim Statutory Sick Pay (SSP) if you fulfil some criteria:

• You are classed as an employee
• You have been off work for more than four days in a row
• Your income is more than £123 per week

The current SSP figure sits at £99.35 per week, which you can get for a maximum of 28 weeks. Any SSP you receive will be deducted from your compensation for lost wages if you make a successful claim for an accident at work.

You might also get an Industrial Injuries Disablement Benefit (IIDB) if you become ill or disabled due to your job. This is a weekly payment of a maximum of £207.60, calculated based on the level of your disability.

If you want to start a claim after an accident at work, you need to provide as much evidence as possible. This will increase your chances of success and help you secure the best compensation amount possible. Depending on the circumstances, you may be able to collect and use the following types of evidence:

• Medical records. Copies of your medical notes will help prove the type and extent of your injuries and the treatment you received.
• Photographs and videos. Visual evidence of the accident scene, taken before anything is moved or repaired, can help establish what happened and who is to blame. You should also take photos of any visible injuries and your recovery process.
• CCTV footage. Security camera footage can be invaluable to understand how your accident occurred and who was at fault.
• Accident reports. You should report your accident to your employer and make sure they log it in the accident report book. The entry should contain details of the accident's date, time, location and cause. You can request a signed copy of the report to support your claim.
• Witness statements. If someone else saw what happened, their testimony could clarify what caused your injuries.
• Employment records. These could include descriptions of your job responsibilities, the training you received, safety procedures, and any history of previous accidents. They can help establish the duties of your role and any safety violations.
• Your notes. You should keep a journal and write down details about your injuries, symptoms, and their impact on your daily life. This can provide a personal account of your experience.
• Financial evidence. Keep records of all the financial losses you incurred due to your workplace accident. These may include receipts, invoices, bank statements and payslips.

Your solicitor will help you gather all the evidence you need to make a successful work accident claim.

Sometimes, the symptoms of an occupational disease can take a long time to develop. When you become aware of the damage, you may have already left your job or retired. Even if you suffered a broken ankle from a trip at work, you might not take legal action immediately. You may no longer work for the responsible company by the time you decide to claim.

Whatever your situation may be, you can still make a work accident claim against a former employer. If there is a link between your injury and your workplace, liability stays with your employer even if you no longer work for them. However, remember that you typically have three years to start a claim after an accident or after becoming aware of an injury.

Many employees do not have a permanent place where they carry out their work duties. They may have to go to different locations daily, enter people's homes, and even travel abroad. This applies to jobs such as construction workers, gardeners, delivery drivers, carers and sales agents.

Many people assume they cannot claim if they have an accident that is not on the company's premises because:

• No one at work witnessed it
• Your employer is not responsible for the location

However, your employer is still responsible for your health and safety. They must take all reasonable measures to protect you while performing your duties, even if they do not control the premises. If your job involves travelling to different locations, your employer should carry out checks to identify possible risks and hazards and ensure you have a safe place to work.

If your employer is not liable for your accident, you may still be able to claim compensation from another third party, such as:

• The property owner, under the Occupiers Liability Act 1957
• The local council if you were injured due to poor road conditions
• The Criminal Injuries Compensation Authority (CICA), if you were the victim of a violent crime

An experienced solicitor can determine who may be liable for compensation if your work accident was not on company premises.

An accident book is not a legal requirement for all employers, but the Health and Safety Executive recommends it. However, the Social Security (Claims and Payments) Regulations 1979 states that all businesses that employ ten or more staff are legally required to keep an accident book.

No workplace is free of accidents and injuries. Recording their details, no matter how minor the accident may be, can help identify risks and improve safety policies to prevent similar events. An entry in the accident report book should include the following:

• The date, time and location of the accident
• Details of who was involved
• What happened
• The injuries suffered as a result
• Any treatments received at the scene

This information is essential for both the employer and employee if the latter decides to claim for an accident at work. If there is no accident book at your workplace, you can still email your employer and describe what happened. Any correspondence between you and them regarding the accident can be used as evidence in your case.

An accident book entry will make it almost impossible for your employer to deny what happened and can help your solicitor prove liability. If your accident was not recorded, you can still claim compensation by using other evidence, such as medical records and witness statements.

The thought of having to take a case to court can often put people off making a claim against their employer. However, it is important to note that more than 95% of all injury claims, including those for injuries at work, settle without going to court. Setting a claim without a trial has various advantages for both parties, such as:

• It can significantly reduce legal costs
• It is time-saving, as court cases take longer to resolve
• The parties involved have more control over the outcome
• Settling out of court can help keep the details of the case private
• Reduced stress and flexibility

If the defendant is unresponsive or denies liability for your accident, your solicitor will issue court proceedings. That will usually persuade the other side to agree to a settlement and speed up the resolution of your claim. Your case may go to court if:

• Your employer does not admit liability for your injuries even after issuing court proceedings
• You fail to negotiate a settlement that both sides agree to
• Your case is particularly complex and involves severe injuries or multiple parties

Even if your case goes to court, it does not necessarily mean you must attend the hearing. Your solicitor may be able to represent you. If you must attend court yourself, you should not worry about it. Your solicitor will be there to prepare and support you at every step. Also, civil claims do not involve a jury, only a judge who will decide the outcome of your case based on the available evidence.

To find out if you can start a no win no fee accident at work claim, call 0800 678 1410 today for a free case assessment. Or, you can enter your details into our online form to request a call back. Our personal injury team can let you know whether you have a valid claim and answer all your questions.

If you suffered any type of accident at work, you are legally entitled to claim compensation. Your employer would be acting against the law if they chose to sack you because you pursued a claim for any damages you sustained as a result. If they dismiss you for this reason, it would be considered unfair dismissal, and you would be entitled to take them to an employment tribunal.

They cannot treat you any differently either, such as:

• Not pay you or suddenly demote you
• Make unreasonable changes to your work schedule
• Let other employees harass you

If you had to leave your job against your will due to your employer's conduct, this would be considered constructive dismissal. This kind of treatment would also allow you to take action at an employment tribunal. To claim unfair dismissal, you typically must have worked for your employer for at least two years, but this rule does not apply to health and safety violations. You have three months minus one day to start your claim from the termination of your employment.

You should not worry that the claim may affect your employer financially. All employers must hold Employers’ Liability (EL) insurance against personal injuries to employees. If you make a successful claim, their insurance will pay your compensation, so they will not be left out of pocket.

Many work-related conditions can take years or decades to develop. Examples include occupational cancer, asbestosis, repetitive strain injuries and hearing loss. That means your employer may no longer be around when you become aware of your injuries. Even if you suffered damage due to acute trauma, the company you worked for might go bust if you do not immediately start a claim.

If your employer has gone out of business since you had your accident, you may still be eligible for compensation. The employers’ liability insurance your employer held while trading would mean a claim can be made against the policy, even if the employer no longer trades. This type of case will be more complicated and will likely take longer. Still, your solicitor will be able to progress the claim and negotiate your settlement award with the employer’s previous insurer.

They will use the Employers' Liability Tracing Office (ELTO) platform and records from Companies House to track down your employer's former insurer. If both your employer and their insurer ceased trading, you may still be able to claim through the Financial Services Compensation Scheme (FSCS).

The FSCS is an independent organisation funded by the financial services industry. This scheme provides businesses with statutory protection if their insurance company goes bust. If all other options fail, your solicitor will start a claim with the FSCS. This scheme must pay out 100% of any valid claim for an accident at work if the employer had liability insurance while trading.

Yes. You are entitled to compensation for a workplace injury regardless of whether your employer had valid EL insurance. However, it is usually quite rare for an employer not to be insured. They would be breaking the law and could be fined £2,500 a day and face legal penalties. If your employer is uninsured and you have a work-related accident, they would be liable to pay the compensation out of their pocket.

If your employer has insurance, but their insurer cannot afford to pay your compensation for any reason, you can claim through the Financial Services Compensation Scheme (FSCS). Your solicitor will negotiate with the FSCS to obtain the maximum compensation on your behalf.

The amount of time it takes to complete your compensation claim will depend upon the particulars of your case. Factors such as what happened, the extent of your suffering and who is responsible will impact upon the length of time it takes to reach a final settlement.

For cases where liability is accepted straight away by the employer, and there is no need for further medical examinations or ongoing observations, the claim can usually be settled fairly quickly. For straightforward claims such as this, the claimant can usually expect a final offer within a few months of initiating their claim.

However, the claim process can last much longer for more complex cases. If the employer does not accept liability or the injuries sustained are ongoing or need additional treatment, the claim will likely take longer to conclude.

For the most complex cases, particularly those where liability is disputed, a court hearing may be required to determine who was responsible for the accident. A court hearing will add further time to proceedings but will help to finalise liability and secure a conclusion as soon as possible.

If liability is accepted, it may be possible to arrange an interim compensation payment if you are not able to work because of your injuries and your claim will not be finalised quickly. The interim payment can help cover the cost of treatment and assist with loss of income and transport expenses. The interim payment is effectively an advanced part payment of your compensation. The amount paid in advance will later be deducted from your final settlement award.

To find out the likelihood of your claim being successful, contact a solicitor for a free case assessment. By listening to the details of your accident and the injury you have suffered, a personal injury solicitor will be able to provide guidance on the strengths of your case.

If your employer has admitted liability for the accident and your injuries, the chance of you making a successful compensation claim is likely to be very high.

If on the other hand, your employer disputes liability or suggests that you were partly to blame for the accident, the case can be more complex. But don’t worry, as solicitors have a huge amount of experience handling all types of injury claims. They will thoroughly review the particulars of your case and will give an honest and professional opinion as to the most likely outcome.

As mentioned above, all of the personal injury lawyers we work in partnership with provide a no win no fee service. As they will only receive payment for their services if your claim is successful, they will only take your case on if they believe you have a fair chance of success.

If you have lost a loved one through a fatal workplace accident, you may be able to claim compensation as long as you can prove that you were a dependant of the victim.

The HSE reports that in 2021/2022, there were 123 fatal injuries to workers. What is more, the HSE highlights that there are an estimated 13,000 deaths per year that occur because of past work accidents and risks, with a predominant cause being exposure to substances such as asbestos and chemicals.

To make a claim following a work-related fatality, you must be a dependant. A dependant can be any person who has one of the following relationships with the person who has died:

• Child
• Step-child
• Spouse or ex-spouse (husband, wife or civil partner)
• Cohabiting partner of at least two years
• Parent
• Grandparent
• Sibling

A fatal accident in the workplace will be processed in the same way as other personal injury claims. This means that your solicitor will need to gather evidence and build a case to prove that your loved one died due to their employer's negligent action or inaction.

If solicitors can demonstrate that your loved one died because of the employer's fault and that you are a dependant of the deceased, you should be able to claim compensation.

The amount of compensation that you will be awarded will depend on a number of factors, including:

• The injuries, pain and loss suffered by the deceased because of the accident
• The financial loss to dependants
• Funeral costs
• Probate costs
• Any related losses, such as emotional distress, that the family have suffered because of the death.