In this guide, we will look at how unsafe work practices could result in injuries that may entitle you to claim. if you can prove that your employer’s negligence directly resulted in physical and/or psychological injuries, you could be entitled to make a work injury claim.
I Was Injured Due To Unsafe Work Practices – Can I Claim?
Within this guide, we will discuss what unsafe conditions at work could lead to accidents and the injuries that could result from these. Additionally, you can learn what evidence will be vital in supporting your claim and how settlements in these kinds of claims are calculated. Furthermore, we will discuss the benefits of working with a No Win No Fee solicitor.
Contact our advisors today for free advice about the process of claiming. Our team may be able to connect you with a No Win No Fee solicitor if your claim has a good chance of success. You can:
- Call via 0800 073 8805
- Message directly through the live chat
- Start your claim online
Jump To A Section
- Can I Claim If Injured Due To Unsafe Work Practices?
- How Could Unsafe Work Practices Cause An Injury?
- What Compensation Could I Receive If Injured Due To Unsafe Conditions At Work?
- Evidence That Could Help When Claiming For An Injury Caused By Unsafe Work Practices
- Use Our Accident At Work Solicitors To Claim Compensation
- Learn More About Claiming For Employer Negligence
Can I Claim If Injured Due To Unsafe Work Practices?
Successful injury at work claims rely on proving the following criteria:
- Your employer owed you a duty of care at the time and place of the incident
- This duty of care was breached; and
- You were injured in an accident that this breach resulted in
Your employer must do everything reasonably possible to keep you safe; this is their duty of care towards their employees as established in the Health and Safety at Work etc. Act 1974. For example, they should maintain workplace equipment, provide training and supply employees with necessary personal protective equipment (PPE) that they need.
Just because an injury in the workplace has happened does not mean that you will automatically be entitled to claim. In some cases, you may have caused the accident entirely through your own misconduct, or it might have occurred despite your employer adhering to the duty of care that they owe. In these cases, you’d be unable to claim.
Speak with an advisor today to discuss your potential claim after unsafe work practices have left you injured. You could be connected with a lawyer from our panel if your case is valid.
How Could Unsafe Work Practices Cause An Injury?
Below are some examples of how an employer’s breach of duty of care could cause an accident in which you’re injured:
- You are working with a piece of machinery, and your employer skipped the last round of maintenance on it. This means that the emergency stop button does not work, and you sustain a crush injury to your hands.
- The workplace is cluttered with objects, which results in you slipping and falling on stock that was not tidied away.
- Your employer fails to give you the right training in order to do your job safely and effectively. This results in you managing a forklift without knowing how to, crashing it and sustaining a head injury.
- You aren’t given safety goggles despite these being needed and, as a result, sustain an eye injury when welding.
If you were injured through unsafe work practices that were caused by a breach of your employer’s duty of care, you might be eligible to claim. Speak with our team for free advice; you could be connected with a No Win No Fee lawyer if your claim is a success.
What Is The Work Injury Claim Time Limit?
In the majority of cases, there is a general three-year time limit that applies to starting the personal injury claims process. The Limitation Act 1980 outlines this time limit but also notes that there can be exceptions in special circumstances.
For instance, if the claimant is under the age of 18, the time limit is suspended until they become an adult. Similarly, if the claimant lacks the mental capacity to claim, the time limit will begin in the event that they recover.
In both circumstances, a litigation friend can claim on their behalf at any time while the suspension applies. A litigation friend can be a family member, guardian or solicitor, for example.
Contact our advisors for further information on making a claim and the exceptions to the time limit that can apply.
What Compensation Could I Receive If Injured Due To Unsafe Conditions At Work?
When you make a successful accident at work claim, you can be awarded general and special damages. The first of these, general damages, compensate you for physical and psychological injuries.
The Judicial College Guidelines (JCG) is a collection of general damages compensation brackets. This publication is used by legal professionals to help them value claims.
Below, you can find a table that displays guideline compensation ranges from the JCG in lieu of using an injury at work calculator. For a personalised estimation of what your injuries could be worth, contact our advisors today.
JCG Brackets
| Injury | Compensation | Notes |
|---|---|---|
| Very Severe Brain Damage (a) | £282,010 to £403,990 | Full-time care is a necessity. There is no evidence of the injured person having a meaningful interaction with their environment. |
| Moderately Severe Brain Damage (b) | £219,070 to £282,010 | Serious disabilities requiring constant professional care. There is a further risk of future development of other severe medical conditions. |
| Severe Back Injury (a) (i) | £91,090 to £160,980 | Pain and disability from injuries are severe with a combination of incomplete paralysis and impaired bladder function. |
| Moderate Back Injury (b) (i) | £27,760 to £38,780 | Residual disabilities are less severe than those in higher brackets. However, continuous pain and the probability of a spinal fusion being needed. |
| Severe Knee Injury (a) (i) | £69,730 to £96,210 | Injuries cause a disruption of the joint with considerable pain and loss of knee function. |
| Moderate Knee Injury (b) (i) | £14,840 to £26,190 | Knee injuries include torn cartilage and dislocation, which may accelerate pre-existing conditions. |
| Most Serious Achilles Tendon Injury (a) | In the region of £38,430 | Severed tendon and peroneus longus muscle causes a restriction of ankle movement, cramps and swelling. |
| Serious Shoulder Injury (b) | £12,770 to £19,200 | Sensory symptoms, shoulder and neck pain, and weakened grip are caused by injury to the shoulder. |
| Minor Shoulder Injury (d) (i) | £4,350 to £7,890 | Soft tissue shoulder injuries in this bracket cause considerable pain but recover in less than two years. |
| Modest Ankle Injury (d) | Up to £13,740 | Less serious fractures, sprains and ligamentous injuries with some loss of movement, aching and discomfort. |
Claiming For Special Damages In A Work Injury Claim
As mentioned above, you can also be awarded special damages if you’re making a claim after unsafe work practices caused you to be injured. This covers financial losses, which can include:
- Loss of earnings, including loss of future earnings.
- Care costs.
- Loss of enjoyment, which covers the cost of holidays or events you had booked but couldn’t attend due to the severity of your suffering.
- Home renovation costs to allow wheelchair access or mobility aids, for example.
With evidence of these expenses, you could receive compensation to reimburse you for your losses. This can be in the form of receipts, bank statements and payslips.
For further information and support regarding collecting evidence for your claim, contact our team today. Alternatively, you can see below for further examples of evidence.
Evidence That Could Help When Claiming For An Injury Caused By Unsafe Work Practices
Without evidence to prove that your employer’s negligence caused your pain and suffering, it is unlikely that you will be able to claim compensation. The more evidence you provide of unsafe work practices, the stronger your claim will be, heightening your chances of receiving the compensation you deserve.
Some examples of valid evidence include:
- A report from the accident at work book
- CCTV footage
- A diary illustrating your physical and mental state as you recover from your injuries
- Contact details of potential witnesses
Our advisors may be able to put you in touch with a lawyer from our panel, provided you have a valid claim.
Use Our Accident At Work Solicitors To Claim Compensation
Our workplace injury solicitors can work alongside you for your unsafe work practices claim through a Conditional Fee Agreement (CFA). This type of No Win No Fee agreement grants you legal representation without any financial risks. For example, you don’t have to pay any solicitor fees upfront, throughout your claim, or if you’re unsuccessful in receiving compensation. Your solicitor will only take a legally-capped success fee at the end of a successful claim. This covers your solicitor fees and is taken from your settlement total.
If the benefits of these agreements appeal to you, get in touch today. Our advisors could connect you with a solicitor if your claim holds a chance of success. To learn more about No Win No Fee claims and to start the claims process, reach us by:
- Calling 0800 073 8805
- Using the ‘start your claim’ form online
- Messaging through the live chat
Learn More About Claiming For Employer Negligence
More of our workplace injury guides can be found below.
- What is the most common injury at work?
- How much can I claim for an office chair accident?
- How much could I claim for an electric shock at work?
You can also use the following links for further useful information.
- Health and Safety Executive – Reportable incidents
- GOV – Rights as an agency worker
- Health and Safety Executive – Statistics for health and safety
If you still have unanswered questions about claiming for unsafe work practices after reading this guide, please contact our advisors.
Writer Jess Arthur
Publisher Fern Strauss