Accident at Work Solicitors

What is an Accident at Work Claim?

An accident at work claim is a type of personal injury claim that can be made by an employee who has been injured in a workplace accident. This type of claim is designed to compensate employees who have been injured due to their employer’s negligence or a breach of health and safety procedures. If you’ve been hurt at work, you may be entitled to make a work claim to cover your medical expenses, lost wages, and other related costs.

Definition of an accident at work claim

An accident at work claim is a legal claim made by an employee against their employer for compensation for injuries sustained in a workplace accident. This type of claim is typically made under the Employers’ Liability (Compulsory Insurance) Act 1969, which requires employers to have employers’ liability insurance to cover them in case an employee suffers an injury at work.

Essentially, if your employer has failed to provide a safe working environment, and this failure has led to your injury, you can seek compensation through a workplace accident claim.

Types of workplace accidents that can lead to a claim

There are many types of workplace accidents that can lead to a claim, including:

• Slips, trips, and falls
• Cuts and lacerations
• Broken bones
• Head injuries
• Crush injuries
• Musculoskeletal disorders
• Electrical accidents
• Machinery accidents
• Manual handling accidents

These incidents can occur in any work environment, from offices to construction sites. If you’ve experienced any of these workplace accidents, you may be eligible to make a claim.

Can I make a work accident claim?

If you have been injured in the last three years and the injuries you suffered resulted from your employers, managers or other employees failing to follow health and safety rules, you are entitled to make an accident at work claim. Your accident may have resulted from one of the following:

• Dangerous working practices
• Poor or non-existent workplace risk assessments
• Limited or non-existent personal protective equipment (PPE)
• A spillage that could have been prevented
• A fall from height
• Poorly maintained equipment

Claiming compensation for workplace injuries involves understanding the process and acting within the time limits to ensure you receive the support you need.

If your employer was negligent in their duty of care to you, and this breach of care resulted in your accident, you may be able to claim compensation for your injuries.

If you think you are eligible to make a claim, you need to be aware that the clock is ticking. You have only three years from the date of the accident in which to start legal action. This means that you need to act fast and obtain specialist legal advice from a work injury lawyer as soon as possible.

The money you can claim depends on the type of injury you suffered and how long it takes for you to recover. A successful accident at work claim will cover the costs of rehabilitation and other interventions necessary to help you manage. Any financial loss will also be covered, including loss of earnings and travel expenses.

Eligibility criteria for making an accident at work claim

To be eligible to make a claim, you must have been injured in a workplace accident that was not your fault. The company must have also employed you at the time of the accident, and have been injured due to your employer’s negligence or breach of health and safety procedures.

If your employer failed to follow proper health and safety procedures, which led to your injury, you have the right to claim for compensation.

What are my rights if I suffer an injury at work?

The law states that you should always be provided with safe and suitable work equipment. You should also receive proper training to complete your required tasks and work alongside other correctly trained employees who will not put you at any risk. Making a claim will not affect your employment rights. Making a workplace injury claim ensures that your rights are protected and you receive the compensation you deserve.

Employer’s liability insurance

Employers are legally required to carry employer’s liability insurance, which will be used for the payment of compensation if an employee is injured at work. This means that when you claim an accident at work compensation, you are not claiming against your employer but against your employer’s insurance company. Details of your employer’s liability insurance will be contained within a certificate, which must be given to you at your request if it is not readily accessible.

Do I get full pay if injured at work?

You may require time off from work to recover from your accident. Depending on your employer, you may also be entitled to receive work sick pay. During your sick time, document any treatment you received and consider keeping a diary of how your accident has affected you day to day.

Make sure to keep receipts for out-of-pocket expenses such as physiotherapy sessions. You should also consider additional expenses that you have incurred, such as taking taxis if you cannot drive.

You may also receive Statutory Sick Pay if you are off because of your accident. If your injury is more serious, you may be entitled to claim Industrial Injuries Disablement Benefit. Understanding how much compensation you may be entitled to can help you plan for your recovery and financial stability.

What should an employer do after an accident at work?

The Law is clear. Employers have a duty of care to their employees, no matter how small their business. The workplace must be safe and health risks should be prevented.

Measures required include ensuring that any machinery is safe to use, necessary safety equipment is provided, and potential hazards are eliminated or at least mitigated as far as possible so that an accident at work is less likely to happen. Employers must be aware that failure to meet these responsibilities can lead to workplace accident claims.

The primary UK law governing work health and safety is the Health and Safety at Work Act 1974. The Health and Safety Executive also publishes other less general and industry-specific regulations. Guidelines for keeping the workplace safe are readily available on the Health and Safety Executive website.

However, despite the law, no system is perfect, meaning an accident at work is still likely to occur. Injuries arise from a wide range of causes, including slips and trips, being struck by a moving object, or falling from a height, to name but a few. So, what should you do if you have suffered an injury at work? Here are a few suggestions to help you.

Seek appropriate help

Getting treatment should be your priority. A work first-aider may sufficiently deal with your injury, or you may require attention from medical specialists in hospital. Make sure that you tell anyone attending you about the circumstances of your accident so that they are accurately recorded in the notes.

These notes may be required later, so it is in your interest to be as clear and detailed as possible. Our personal injury team supports you throughout your recovery and claim process.

Gather evidence

Whenever you are able, make notes of what happened. Document the names of any witnesses who can support your recollection of events. Consider obtaining relevant photographs and serial numbers of faulty equipment and making sketches of what happened. Gathering thorough evidence is crucial for the success of your compensation claims.

Report the accident at work

To formalise your accident, it is necessary to log details inside the work accident book, a document your employer must keep by law. If no logbook is available, report your accident to your line manager.

Doing this in writing and with as much detail as possible is best. If someone else has completed the work accident report on your behalf, make sure the details are correct before you sign it. Proper documentation is essential for the success of personal injury claims.

Report to the Health and Safety Executive

Your employer must report any serious accident to the Health and Safety Executive. However, if you doubt that your employer has done so, consider contacting them yourself. Reporting serious accidents at work ensures necessary measures are taken to prevent future incidents.

Returning to work after a workplace accident

If you can return to work after your accident, you may be able to request fewer hours or a change to your work duties until you are fully recovered. If the accident has resulted in a longer-term injury, your employer may legally be required to make changes to help you return to work. Workplace accident claims can provide the necessary support for long-term injuries and adjustments.

Accident at work client stories

Our experienced accident at work solicitors have successfully helped thousands of workers claim the compensation they deserve after workplace accidents. From minor injuries to life-changing incidents, our accident at work case studies showcase real examples of how we have supported clients in securing justice, including details of accident at work compensation amounts.

• Our client was a builder suffering a psychological reaction following a needle stick injury from a discarded syringe. His employers failed to take action to prevent drug users from working on-site. Damages awarded: £20,000. This successful needlestick injury claim resulted in £20,000 in accident at work compensation.
• An abattoir supervisor made a forklift accident claim after suffering significant complex injuries. Following the accident, our client had permanently reduced walking ability, only able to walk with sticks. He was not able to return to employment. This case secured £4.75 million in workplace injury compensation, represented a labourer who sustained burns to his ankle when liquid nitrogen leaked from the pipe he was working on. His building site injuries required plastic surgery. Damages awarded: £100,000.
• A factory machinist suffered a fall after tripping over a cable from her sewing machine. Her injuries led to significant physical pain and disruption to her work life. This successful industrial injury claim resulted in £70,000 in work accident compensation
• A self-employed carpenter suffered a complex ankle fracture whilst working on a building site. The injury left him with permanently restricted mobility. This self-employed accident at work claim secured £2 million
• Our client, a building contractor, was diagnosed with Vibration White Finger (VWF) in June 2022. His condition was attributed to prolonged use of a pneumatic drill without adequate health and safety measures provided by his employer. He received a five-figure compensation package. This successful work compensation claim highlights the importance of seeking legal support.

No Win No Fee Accident at Work Claims

No win no fee accident at work claims are a type of claim that allows employees to claim compensation without having to pay any upfront fees. This type of claim is typically made under a conditional fee agreement, meaning the solicitor’s fees are only paid if the claim is successful. This arrangement ensures everyone has access to justice, regardless of their financial situation.

How no win no fee claims work

No win no fee claims work by allowing employees to claim compensation without having to pay any upfront fees. Our London lawyers’ fees are only paid if the claim is successful, and the fee amount is typically a percentage of the compensation award.

This type of claim is designed to provide access to justice for employees who may not have the financial resources to pursue a claim otherwise. By removing the financial risk, no win no fee claims make it easier for injured employees to seek the compensation they deserve for their workplace accidents.

It’s worth noting that the information provided is based on UK law and regulations. Please let us know if you are looking for information on a different country.

Why Choose Osbornes Law’s Accident at Work solicitors?

At Osbornes Law, we have one of the largest London accident-at-work teams led by Sophie Davies, Managing Partner and Head of the Personal Injury Department.

Our solicitors have helped thousands of people get their lives back on track following serious injuries. We have built up a strong reputation for representing clients with the following injuries:

• Head and Brain Injury
• Spinal Injuries
• Amputation and Limb Loss Claims
• Fatal Injuries

Our personal injury team is dedicated to providing the best possible support and representation for your case.

Osbornes Law is an active supporter and campaigner for the Association of Personal Injury Lawyers (APIL), an organisation fighting for the rights of injured people. The team also supports Headway East London, the Spinal Injuries Association, and the Limbless Association.