Accident at work claims solicitors

Accidents at work are unintentional – but often avoidable – incidents that injure a worker while doing their job.

Such incidents can happen without warning at any time and in any location and are more common than you may think, according to the Health and Safety Executive (HSE). In 2018-19, HSE data shows that 1.4 million people across the UK are living with the effects of a work-related illness. In that same time period, accidents at work claimed the lives of 147 people – and a further 581,000 suffered an injury while doing their job.

A workplace accident can often be easily prevented if risk assessments are carried out properly and health and safety rules are followed. When this doesn’t happen, accidents will. It is only fair that you are able to make a workplace accident compensation claim for an injury that is not your fault. You may even be forced to take time off of work as a result of your injury.

There are numerous situations where someone can be injured due to an accident at work. It can happen when equipment fails, when potential hazards are not removed, or if the proper working procedures are not followed. With so many types of incident capable of causing injury, these are some of the most common workplace accident claims that we have been involved with:

• Personal protective equipment (PPE)

PPE includes items such as safety helmets, gloves, eye protection, high-visibility clothing, footwear and harnesses. PPE must be in good working order. PPE must always be worn if working in certain work settings. Employers also have a duty to ensure employees are properly protected from any health or safety risks.

• Dangerous machinery at work

If you use dangerous machinery as part of your job, it is expected that employers will provide adequate guards and thorough training.

• Defective work equipment 

If you use work equipment such as machines or tools, your employer has a duty to make sure equipment is maintained to a safe standard.

• Exposure to harmful chemicals

Anyone working with harmful chemicals should be sent on the proper training courses and be supplied with appropriate PPE.

• Manual handling compensation claims

Employers must ensure that employees receive appropriate training in how to handle and lift heavy objects. Failure to do so can lead to serious back injuries at work.

• Trips and slips due to spillages or objects left on the floor

In a busy workplace environment, clearing up spillages or moving objects out of pathways isn't always top of the priority list. If these are not cleared up, however, serious injuries can occur.

• Construction site accident claims

Inadequate health and safety precautions on a construction site can cause serious head and spinal injuries at work – e.g. falling from ladders or scaffolding. 

• Farm accident compensation claims

Farms are idyllic places to work. But, without proper safety measures, workers can be at higher risk of serious injury due to moving vehicles, overturning tractors, farm structures falling over or getting entangled in machinery.

The list of potential workplace accidents is endless, however. Thankfully, our expert solicitors are here to help you claim the compensation you deserve if you are injured in an accident at work. It is also possible to claim if you suffer a work-related illness or aggravate an existing condition.

In addition to the many different types of work accident claims, there are numerous reasons why they happen. We can help you with a claim if you are injured in an accident that happens because:

• Your employer has not followed health and safety regulations
• A piece of equipment or machinery has failed or broken down
• A colleague makes a mistake or has forgotten to do something
• You were not provided with any or the correct PPE

You can also make a claim for an accident at work even if you are partly at fault. This is known as contributory negligence.

It is essential you know what to do after an accident at work. The first and most important step is to get medical assistance. This not only allows you to receive the most appropriate treatment for your injury, but also enables the medical impact of your accident to be recorded.

Other steps to follow if you have an accident at work are:

• Report it to your manager or employer
• Ensure it is recorded in a company accident book or in some other capacity
• Record the details of your accident and any witnesses that can support your claim

For more serious accidents at work, your employer also needs to inform the Health and Safety Executive under Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). But this does not mean you cannot make a claim or be forced to wait to start one.

Anyone injured in an accident at work where someone else is at fault could be able to claim – no matter how the incident happened or how serious the injury is. You don’t even have to be a full-time employee to start a claim either. Successful accident at work claims can also be made by:

• Contractors
• Site visitors
• Members of the public
• Self-employed workers
• Temporary/casual staff
• Agency workers

In some cases, it can be possible to make a claim on behalf of a loved one.

This might be when an injury is so serious that an individual no longer has the capacity to make a claim themselves. Or, in the most extreme and unfortunate cases, you wish to claim on behalf of someone who passed away as the result of a fatal accident at work.

If you are unsure or would like to find out more, please get in touch with our experts today.

We know that making a claim against an employer can make people feel uneasy and uncomfortable. After all, we appreciate that you will want to return to work after you recover from your injuries. But there are some important reasons to claim compensation after a workplace accident.

First and foremost, a claim is about recognising the pain, suffering and inconvenience that your avoidable accident at work has caused. While the physical effects are perhaps the most obvious, there are also the emotional and financial factors to consider – including:

• Being unable to work and the loss of income, as well as any future lost income
• Treatment and rehabilitation costs for physical and psychological injuries
• Ongoing care needs
• Any modifications needed, such as to your car or home
• Aids and equipment

The purpose of making a compensation claim after a workplace accident is to help you to rebuild your life and to put you back in the financial position you would have been had you not had your accident.

In addition, making a claim can be an effective way to make sure it does not happen to anyone else. It could be that your employer needs to change its working practices or resolve an issue it had not been aware of. The claims process can identify this and ensure that changes are made.

Can you be sacked for having an accident at work?

No, the law states that you cannot be sacked for having an accident at work – nor be dismissed or treated unfairly for making a claim. You will also be legally protected if your employer makes you feel as if you have no option but to quit after making a claim. In such circumstances, it can constitute ‘constructive dismissal’ – something that you can make an additional claim for.  

Who pays compensation for accident at work?

In the UK, all employers must hold Employers’ Liability insurance. When you decide to make an accident at work compensation claim, this insurance covers the amount that is paid to you. Our specialist workplace accident solicitors will use our substantial experience to negotiate with your employer’s insurers – not your employer itself – to secure the compensation you deserve.

Every workplace accident compensation claim is unique to the person involved. Different people can be affected in different ways depending on the nature and severity of the incident.

For some people, the physical impact of an accident at work is only temporary and ensures that a full recovery can be made. For others, though, there can be long-term or even lifelong effects to deal with. And our solicitors’ aim is to help you get the compensation you need to reflect this.

We also believe it is essential to look at the financial or emotional impact of an accident at work – not just for the person involved, but their family members too. Your solicitor will look at all of this to work out an appropriate amount of compensation that helps you rebuild your life. 

The first step is to get in touch with specialist solicitors with a proven track record in supporting people with their workplace accident claims. At Boyes Turner, we offer a free initial consultation to find out more about your injury and whether your claim has a reasonable chance of success.

For your free consultation and to start the process, get in touch with us or call 0800 124 4845.

If you decide to pursue your claim, the next step is for your solicitor to find out what caused the accident and what should have been done to prevent it. We will gather evidence and statements from witnesses too. In some cases, we may also get the opinion of independent safety experts.

Your solicitor will then talk to medical specialists to get a better understanding of your short and long-term needs. With this information, we will be able to work out the amount of compensation that we believe is a fair reflection of the pain and suffering caused by your accident at work.

This step also factors in any future care and rehabilitation that may be required.

Next, your solicitor will negotiate with your employer’s insurers to achieve the compensation we believe you should get. Most workplace accident claims are successfully settled out of court. But employers or their insurers sometimes do not accept blame or the compensation amount.

If this happens, your claim may need to go to court. While we will continue to negotiate in order to avoid this, please rest assured that we will remain fully at your side until your claim is settled.  

There is no single answer to how long a work accident compensation claim can take. It depends on a range of factors – such as how complicated the case is, whether your employer accepts full responsibility and if the compensation amount is accepted.

As such, it is possible that some claims can take months – even years – to resolve. But we will always keep you up-to-date throughout the process and ensure that you know what to expect.

To make a successful accident at work compensation claim, there are two main things that need to be proven:

• Your injury or illness is (fully or partly) the fault of someone else
• Your accident was the result of your employer’s negligent actions

To help prove these two factors, your solicitor will use evidence, statements and expert opinions – as well as your employer’s official accident record and details of financial losses you incurred.

In each claim we support, our aim is always the same – to make sure you receive an amount of compensation that best reflects the impact of your accident. This is unique to you, which means no two claim amounts are the same. The two most important factors your solicitor considers are the severity of your injuries and the financial losses you have suffered.

As part of our free initial consultation, we can let you know if your claim can be funded under a Conditional Fee Agreement – otherwise known as no win no fee.

The aim of no win no fee is to help people like you to get the compensation you deserve when you are injured in an accident at work. Quite simply, it means you will pay nothing if your claim is not successful – minimising the financial risk of making a claim.

Find out more about funding your claim with Boyes Turner.

In most cases, you must start your workplace accident compensation claim within three years of the incident. But there are some circumstances when this limit might be different:

• If an injury or illness is not diagnosed immediately
• If someone no longer has the capacity to make a claim themselves due to their injury
• If your accident happens in a different country where the legal time limits are different
• If a defective piece of machinery or equipment is to blame for your injury

In all cases, we recommend that you start your claim as soon as possible. It can give your claim a stronger chance of success as it can often be easier to remember details and gather evidence.

Even if you think you may be near the limit, get in touch – we still may be able to help.