Accident at Work Claims

You should feel safe at work – but accidents happen. If you’ve been injured in a workplace accident, you could make a claim for compensation.

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Can I make an accident at work claim?

If you’ve been injured in an accident at work that wasn’t your fault in the last three years, you could have a claim for compensation. This could have taken place in a warehouse, construction site, factory, shop floor or anywhere that your work is carried out.

You have the right to a safe working environment. Injuries at work can be prevented if employers keep on top of potential hazards, preventing them from causing harm.

There are countless ways your employer may have put you in danger at work, including:

  • Not carrying out appropriate risk assessments
  • Not providing sufficient personal protective equipment (PPE)
  • Not maintaining equipment and machinery efficiently
  • Not enforcing health and safety regulations
  • Not training employees appropriately
  • Not addressing colleagues’ negligence
  • Not ensuring the workplace is free of hazards, such as liquid spills
  • Not ensuring vehicles are only carrying an appropriate load

If your employer has not fulfilled their duty to provide a safe workplace, you could make a personal injury claim for compensation to help your recovery.

Most common workplace injuries and accidents

People in certain professions are more likely to suffer from an injury at work than those in others. The risk of injury depends on the type of work being carried out and the environment it’s being done in. When there are more risk factors, there is a greater chance of an accident and an injury at work happening.

For example, workers in agriculture, forestry and fishing were more likely than other workers to suffer an injury in the last 12 months, according to the Health and Safety Executive (HSE).

Construction saw the second highest number of workplace injuries per 100,000 workers, while manufacturing is another comparatively dangerous industry.

The HSE has revealed that the most dangerous types of injury in the workplace are:

  • Falls from a height – This killed 40 workers in 2018/19
  • Being struck by a moving vehicle – This killed 30 people in the workplace
  • Being struck by a moving object – This caused the deaths of 16 people
  • Coming into contact with moving machinery – This killed 14 employees
  • Being trapped by a collapsing or overturning object – This was responsible for 11 deaths

Reporting your accident at work

After you’ve suffered an accident at work, the first thing you’ll likely want to do is get medical attention. If you have a first aider in the workplace, make sure you see them and get treated immediately. You should also then make sure you see a doctor or other healthcare professional for your injury. So make an appointment with your GP or head to A&E straight away if it’s urgent.

It’s also vital to remember to report your injury to your employer. If they have an accident book, make sure it is recorded there. If the company you work for has more than 10 employees, they are required to put your injury in the accident book. This can end up being an important piece of evidence in a personal injury claim.

If you notice something in the workplace that could present a threat to your safety or that of your colleagues, you should report it immediately to your manager. If they don’t take action, you can ensure that they make a note of you raising the issue. This could also form part of your case if you decide to make a claim.

You can also take photos and video of your injury. Your solicitor may use these to strengthen your case. It may also help to put together a list of your symptoms and how they have affected your daily life. This will also show how long your recovery has taken. You may also want to record all expenses and financial losses related to your injury. This can help when you want to claim this money back.

Gather any witness statements together. If anyone saw your accident, they could help to make your case stronger by providing a statement.

How much can I claim for an accident at work?

Every workplace accident and injury is different. That means it’s difficult to say exactly what you could be entitled to in compensation. Our compensation calculator could give you a rough idea of what you might be awarded for a specific injury.

Your compensation will be divided into two categories: general damages and special damages.

General damages refers to the compensation awarded for the pain and suffering you have endured because of your injury. It covers any changes to your lifestyle you’ve been forced to make, such as no longer being able to take part in your favourite hobbies or sports.

Special damages are intended to cover any financial impact caused by your accident. This includes any loss of earnings, as well as any medical treatment, such as physical therapy or even mobility aids and home modifications.

Can I make a claim if the accident was partly my fault?

In certain circumstances, it is possible to still make a claim even if you were partly responsible for your accident.

Contributory negligence means that you and the other party – in this case, your employer – will both accept a share of the blame. Any compensation you are then awarded will be split according to the division of responsibility.

For example, if you and your employer were equally to blame for the accident, you would then receive 50% of the compensation you would otherwise have been awarded.

If the accident was entirely your fault – for example, you ignored safety guidance and fell from a height – you won’t be able to make a claim. In order to make a workplace accident claim, your injury must have been the fault of someone else and happened in the last three years.

Why should I make a workplace injury claim?

Like most people, you work to pay your bills. When you suffer an injury at work, you might not be able to continue working. This can lead to unpaid time off and even the possibility of being unable to work again. This means you could end up facing real financial difficulties.

Making a claim for compensation can help to remove some of the stress and anxiety you may have felt about making ends meet.

You are also entitled to justice. No one deserves to suffer an injury at work, where you should have been protected by your employer.

By making a claim, you can also help to highlight the issue that caused your injury. Your employer will then have the chance to address it, making the workplace safer for everyone working there.

If you need help making a claim for the compensation you’re entitled to, trust First4Lawyers and our expert solicitors to make the process as simple as possible.

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