In this guide, we will look at the work injury claim process. If you’ve been injured in an accident at work that was caused by negligence, then you could claim.
Work injury claim process guide
This article will explain what legislations are in place to protect workers. Alongside this, we will discuss the duty of care your employer owes you and how a breach of this duty could cause an accident in which you’re injured.
Furthermore, we will highlight some examples of brackets of compensation for a work injury to help you understand how much you could receive.
If you’re interested in working with a solicitor on your claim but feel concerned regarding legal fees, a No Win No Fee agreement may be a suitable option for you. We’ll look at what exactly this means later on in this guide.
For advice regarding your personal injury claim, speak to our team of advisors today. To reach us you can:
- Call the number highlighted above
- Complete the online claim form
- Message us through the live chat feature at the bottom of this page
Choose A Section
- What Is The Work Injury Claim Process?
- Compensation For Injury At Work Claims
- How Could A Work Injury Happen?
- The Work Injury Claim Process And Evidence
- Defining A No Win No Fee Agreement
- Further Information On The Work Injury Claim Process
What Is The Work Injury Claim Process?
This guide will outline the steps of the work injury claim process. In order to claim compensation for an injury at work, you must prove your claim by showing the accident happened due to your employer’s negligence. If you are wholly at fault for the accident, you will not be able to make a successful work injury claim.
There’s a general time limit to starting a personal injury claim for harm caused by negligence. However, some exceptions do apply.
For example, If you lack the mental capacity to represent yourself, a litigation friend can make the claim on your behalf and the time limit is suspended. It resumes again in the event that you regain the capacity to claim.
Our team of advisors are available to give you free legal advice. Contact us today to see if you have a valid work injury claim. You can also read on for more information.
Recent Accident At Work Stats
The Health and Safety Executive (HSE) report on annual statistics regarding health and safety at work in the United Kingdom. It collects statistics that are reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
The most common kind of non-fatal injury reported in 2020/21 was fractures, with 15,159 instances reported. Of these, 12,893 were specified injuries to workers. 2,266 resulted in an absence from work of more than 7 days.
Compensation For Injury At Work Claims
You may be wondering whether there is an average payout for a workplace injury claim. When claiming compensation for a work injury through the work injury claim process, settlements can be split into two heads. General damages relate to the pain and suffering caused by any psychological and physical injuries you sustained as a result of the accident.
The table below highlights some compensation brackets that may relate to your personal injury claim. These summaries are from the Judicial College Guidelines (JCG) which are used by legal professionals to help value claims. Please note that the information in the JCG is only to be used as guidance and not a guarantee. For a more specific compensation bracket for your particular case, contact our team of advisors.
| Injury | Compensation | Description |
|---|---|---|
| Severe Back Injury (i) | £91,090 - £160,980 | Most severe injury involves damage to spinal cord and nerve roots, severe pain and disability |
| Severe Back Injury (ii) | £74,160 - £88,430 | Cases include nerve root damage with loss of sensation, impaired mobility and sexual dificulties |
| Severe Back Injury (iii) | £38,780 - £69,730 | Disc lesions, fractured discs and soft tissue injuries leading to chronic conditions |
| Most Serious Achilles Tendon Injury | In the region of £38,430 | Where the tendon and peroneus longus muscle is severed. |
| Very Severe Foot Injury | £83,960 - £109,650 | Permanent pain that is severe, or really serious disability from which a recovery will not be made. |
| Moderate Leg Injury | £27,760 - £39,200 | Complicated fractures, or where multiple fractures affect one leg. |
| Serious Shoulder Injury | £12,770 - £19,200 | Dislocation of the shoulder and damage to lower brachial plexus. Persisting symptoms after surgery fall in this bracket |
| Moderate Shoulder Injury | £7,890 - £12,770 | Frozen shoulder with limited movement, soft tissue injuries and persistant symptoms for two years |
| Chest | £31,310 to £54,830 | Where the chest and lungs are damaged, causing disability is ongoing. |
| Digestive System | £16,790 - £27,760 | Serious non-penetrating injury that results in permanent complications or ones that last for a long time. |
Special damages reimburse you for the financial losses you suffered due to the after-effects of the accident. For example, you could recover the cost of medical treatment that you’ve had to pay for, or for the loss of earnings caused if your injuries meant you were unable to work.
It is important to retain any receipts, bank statements and prescriptions as evidence to be within the chance of receiving compensation for special damages. Speak with an advisor for more information.
How Could A Work Injury Happen?
The Health and Safety at Work etc. Act 1974 is a piece of legislation that outlines the duty of care that employers owe those who they employ. When they breach this duty of care, it can lead to accidents that result in injuries. If you have suffered injuries from an accident due to your employer breaching their duty of care, you may be entitled to compensation.
Examples of employer negligence can include:
- Failing to check and maintain work equipment. This means that faulty machinery goes unnoticed. This leads to an employee falling from a ladder, causing a back injury.
- Not training staff to complete their job safely. Staff using equipment, such as forklifts, without the proper training can end up colliding with walls and other equipment, resulting in a shoulder injury.
- Refusing to uphold cleaning routines. If slip, trip and fall hazards aren’t signposted or cleaned correctly, staff can suffer from foot injuries.
If you’ve suffered an injury due to employer negligence, you may be entitled to a work injury settlement. Our advisors are available to help you with any personal injury claim queries; simply get in touch for free legal advice on the work injury claim process.
The Work Injury Claim Process And Evidence
It is important that you receive appropriate medical attention as soon as possible after the accident. If a medical professional sees your injuries, you have a higher chance of a quicker recovery. Depending on the severity of your injuries, you might make an appointment with your GP or attend your local A&E.
Collecting evidence is a vital part of the work injury claim process as it allows you to prove that your employer’s negligence caused the accident that lead to your injuries. For example, you might provide:
- CCTV footage that shows the accident taking place.
- Photographs of where the accident happened and of your injuries.
- Medical evidence, including medical reports, prescriptions and doctor’s notes to exemplify the severity of your injuries.
- Details of witnesses. Anyone who saw the accident occur can make a statement on your behalf at a later date.
If you can prove employer negligence using evidence, you may have grounds for a claim. Start your work injury claim today.
Defining A No Win No Fee Agreement
No Win No Fee agreements, or Conditional Fee Agreements, allow you all the benefits of legal representation without paying an upfront fee or any ongoing costs. There is also nothing to pay at all throughout the work injury claim process and nothing to pay for their services if the case fails.
A small percentage of a success fee is rewarded to your No Win No Fee solicitor at the end of a successful claim from your settlement total. This is legally capped which prevents overcharging. Your solicitor will discuss this with you before you agree to anything.
Our advisors can connect you with an injury at work solicitor if they believe your claim has a chance at success.
Discuss The Work Injury Claim Process
Our advisors can discuss any concerns you may have regarding legal representation and making a work injury claim. They can also help you start the work injury claim process if you decide to move ahead to gain compensation. To reach our team of advisors, use the following contact information:
- Complete the online claim form
- Connect instantly through our live chat
- Call us on the number at the top of the webpage
Further Information On The Work Injury Claim Process
We’ve provided some links to relevant websites that may be of use to you:
The NHS website has information regarding hospital waiting times and other key statistics.
For information on Statutory Sick Pay (SSP) visit the UK.Gov website.
The Conditional Fee Agreements Order 2013 can be viewed here.
Other Injury At Work Claims Guides
- Injury At Work Claims – Compensation Examples
- How Long Does A Work Injury Claim Take?
- Can I Make A Foot Injury At Work Claim?
- How Much Could I Get For A Back Injury At Work?
- How To Claim Compensation For A Shoulder Injury At Work
- How To Find Workplace Injury Solicitors
- How to Make a Successful Work Injury Claim
- How To Prove A Back Injury At Work Claim
- Injury At Work Claim Calculator
- Is There an Average Payout for Back Injury at Work Claims?
- What Is The Injury At Work Claim Time Limit?
- Where Can I Find Injury at Work Solicitors?
- Work Accident Solicitors Explained
We hope this guide on the work injury claim process has been helpful to you. Thank you for reading.
Writer Jess Arthur
Publisher Fern Strauss