Work accident compensation claims

142 people died in fatal workplace accidents in Britain in the year 2020 to 2021, according to the Health and Safety Executive (HSE) figures from RIDDOR (Reporting of Injuries Diseases and Dangerous Occurrences Regulations).

HSE figures for workplace deaths in the five years from 2015 to 2020 reveal that:

• 25% were from falls from height, with over half in the construction industry;
• 19% arose from being hit by a moving vehicle, mainly in the farm/agricultural/fisheries, transport/storage, and construction industries.
• 13% were caused by being hit by a moving object;
• 10% were caused by being trapped by something overturning or collapsing;
• 8% were from contact with moving machinery;
• 4% were from being injured by an animal;
• 3% were from explosions;
• 3% were from contact with electricity;
• 2% were from drowning or asphyxiation;
• 2% were from slips, trips or falls on the same level;
• the remaining 10% of causes included:
  • exposure to fire;
  • exposure to harmful substances;
  • striking against something fixed or stationary;
  • handling, lifting or carrying;
  • acts of violence.

In the year from 2019 to 2020, 693,000 workers reported to the Labour Force Survey (LSF) that they had suffered non-fatal workplace injuries. Of those, HSE says only 65,427 were reported as employee non-fatal injuries by employers.

Of the reported non-fatal injuries in 2019/2020:

• 29% were from slips, trips or falls on same level;
• 19% were from handling, lifting or carrying;
• 11% were from being struck by a moving object;
• 9% were from acts of violence;
• 8% were from falls from a height;
• 90% of those reported injuries were fractures (broken bones other than fingers, thumbs, toes).

Employers must comply with multiple health and safety (H&S) standards and guidelines and carry out regular risk assessments. They also owe their employees a general duty of care to prevent foreseeable accidents and injury.

The main regulations are set out in:

• The Health and Safety at Work Act 1974;
• Regulations which set out minimum health and safety requirements for employers to protect their workers from injury. In workplace injury claims, the most commonly used regulations are known as ‘The Six Pack’. Where an employer has failed to comply with these regulations, this may help provide evidence of negligence.
  • Management of Health and Safety at Work Regulations 1999;
  • Manual Handling Operations Regulations - risk of injury from lifting or handling of heavy loads;
  • Display Screen Equipment (DSE) Regulations - safe use of computer screens and keyboards;
  • Workplace (Health, Safety and Welfare) Regulations - working environment (seating, lighting, heating, windows, rest areas, washing facilities, changing rooms, fire escapes);
  • Provision and Use of Work Equipment Regulations: appropriate, regularly maintained equipment and proper training in its use.
  • Personal Protective Equipment (PPE) Regulations - protective equipment and training in its use.

Common causes of workplace injuries which lead to compensation claims include:

• falls from heights (defective scaffolding, broken ladders, unguarded steep drops, such as rooftops);
• falls on same level (into manholes, uncovered drains);
• unsafe working environments (asbestos);
• unsafe working practices, (heavy lifting, overloaded trolleys or shelving);
• dangerous, unguarded or defective machinery and equipment;
• burns, electrocution/electric shocks, explosions;
• moving vehicle accidents, such as agricultural vehicles, tractors, forklifts, factory vehicles, delivery trucks;
• exposure to dangerous substances, toxins, chemicals, asbestos;
• slipping hazards (spillages, oil, water, slippery floors);
• tripping hazards (trailing wires, raised carpets or paving stones, debris);
• falling/moving objects and toppling hazards;
• unsafe buildings or premises, occupier’s liability;
• untrained, unsupervised or negligent co-workers;
• violence, such as assault.

Our specialist personal injury lawyers investigate and carefully consider the circumstances of each client’s accident and injury. This means that we can ensure that the correct defendant and their insurers take responsibility for the injury and provide funding for our client’s rehabilitation and urgent needs straight away.

Common health and safety failures which lead to accident at work injury claims include:

• failing to carry out a proper risk assessment;
• failing to inspect, maintain and repair buildings and business premises;
• failing to inspect, maintain and repair or replace machinery, vehicles or equipment;
• failing to provide protective clothing or safety equipment;
• failing to provide adequate training and support;
• failing to comply with health and safety guidelines or regulations;
• failing to provide safe systems of work;
• failing to provide safety guards around hazards, such as:
  • steep drops (rooftops, scaffolding);
  • dangerous machinery;
  • electricity;
  • risk of falling objects.
• lack of safety netting on scaffolding and rooftops;
• toppling hazards (unsafe stacking of shelves, trolleys or vehicles, faulty ramps);
• failing to warn/sign or remove spillages or slipping hazards (oil, water, slippery floors, stairs);
• failing to remove, repair or warn about tripping hazards (trailing wires, raised paving or carpets);
• exposing employees to hazardous or toxic substances (chemicals, broken glass);
• exposure to asbestos;
• failing to train or supervise other employees properly (vicarious liability for co-worker negligence);
• road traffic accidents (RTAs) and driver negligence at work;
• armed forces/military claims for negligence against the MOD;
• violent crime – CICA claims (workplace assaults, claims by injured police, and other criminal injuries).

Accidents can take place in any environment where an employer or business owner fails to consider the risks of accidental injuries and take reasonable steps to prevent them. However, some industries or occupations have higher rates of serious injury from workplace accidents. These include:

• Construction industry (roofers, builders, building site labourers etc);
• Factory and warehouse work;
• Farming, agriculture and fishing industry;
• Transportation and storage industry;
• Manufacturing industry;
• Catering/commercial kitchens;
• Schools;
• Occupations and industries historically linked to asbestos exposure (shipbuilding, carpentry, plumbing);
• Military – MOD.

Boyes Turner’s personal injury team specialise in helping clients who have suffered severe, life-changing injury or permanent disability as a result of someone else’s negligence.  We can help clients, and their families, after their employer’s negligence led to injuries such as:

• head injury or skull fracture;  
• brain injury and neurological damage;
• spinal cord injury ( paralysis, paraplegia, tetraplegia) or spinal fracture;
• major trauma or multiple injuries;
• amputation;
• crush injuries;
• fractures (broken bones);
• burns;
• scalds;
• degloving injuries (needing skin grafting);
• scarring and disfigurement;
• internal injuries (damage to major organs);
• severe lacerations;
• nerve injury;
• blindness and sight loss;
• deafness and hearing loss;
• stabbing/impaling injury;
• CRPS and chronic pain conditions;
• mesothelioma, asbestosis, pleural thickening and asbestos-related lung cancer;
• PTSD and psychological injury;
• Death/fatal injury (claims for the bereaved, dependant family).

Each client’s claim is carefully calculated to compensate them for their injury, its impact on their life,  and to meet their additional needs arising from that injury now and in the future.

Where the injured person’s own actions contributed to their accident or injury, they will usually still be entitled to compensation as long as their employer was partly at fault. In these circumstances, their compensation may be reduced in proportion to their own contributory negligence.

Depending on the client’s injury, they may receive compensation for:

• pain, suffering and disability;

• costs of rehabilitation, in addition to rehab funded under the Rehabilitation Code by the defendant, such as ongoing or future rehab, or vocational rehabilitation;
• case management costs;
• care costs;
• therapies, such as:
  • occupational therapy (OT);
  • physiotherapy;
  • speech and language therapy (SALT);
  • pain management;
• psychological treatment and counselling;
• assistive technology (IT);
• prostheses (if needed after amputation);
• earnings and pension loss;
• specialist equipment/aids;
• extra costs of transport and mobility, such as wheelchairs and adapted vehicles;
• increased costs of suitable accommodation or essential home adaptations;
• medical or surgical treatment;
• immunotherapy treatment costs (for mesothelioma);
• Court of Protection deputyship costs;
• Fatal injury compensation including loss of dependency claims for the deceased’s dependents.

Employers and business owners are required by law to have insurance in place to cover claims for injury and death. Employers (and their insurers) are also liable for injury caused by the negligence of their employees.

Depending on the circumstances of the accident, the compensation may be paid by the defendant’s employer’s liability insurance, public liability insurance, motor insurance. Claims against the Ministry of Defence are paid by the MOD (via the Armed Forces Compensation Scheme). Claims arising from violence may be compensated via the CICA (Criminal Injuries Compensation Authority).