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I Hurt Myself at Work, Can I Claim Compensation From An Employer?

Do I Have Rights If I Hurt Myself at Work?

You have rights in the workplace and this includes if you are hurt while carrying a job that an employer asks you to do. Your rights are the same whether you are a permanent employee, temporary worker, an agency worker or you work for an employer under their control as a contractor.

Many employees ask the question “if I hurt myself at work, can I claim compensation?” and the answer is that providing your case meets the necessary criteria, you have the right to do the following:

Seek medical attention. Your employer cannot stop you from seeking treatment if you hurt yourself at work and if they do, they would be in breach of the law. As such you should seek legal advice from a solicitor who handles employment law cases so they can advise you on how best to proceed
Ensure that an official report has been sent to your employer or that the incident was correctly recorded in an Accident Book, should there be one in the workplace. You have the right to check the information has been correctly recorded if someone else wrote the accident report for you
Confirm that you qualify for sick pay whether an employer pays “extra” sick pay which would be written into your contract of employment
Receive Statutory Sick Pay – SSP as long as you meet the necessary criteria to qualify. You can check to see whether an employer has registered you by contacting your local benefits office
Attend scheduled medical appointments – an employer must respect the fact that you may need to attend check-ups and other therapies. Your boss cannot stop you from doing so
Take enough time off to fully recover from the injuries you sustained when you were hurt at work – an employer cannot pressure you to return to work if you are not fully recovered. If your boss does insist that you do, you should seek legal advice because your employer would be acting unlawfully. You should only return to work when a doctor signs a “fit note” stating that it is safe for you do so
Seek lighter duties when you return to work which an employer must respect if they are able to. Employers are legally obliged to accommodate you where feasibly possible when you return to your job having suffered an injury in an accident at work
Seek compensation by filing an accident at work claim against an employer providing you can show that the incident was not caused by you but through employer negligence or the error of a fellow worker. You may be partly responsible for the injuries you sustained but your employer could be deemed partly liable too which is known as “contributory negligence”. As such, you would still have the right to seek compensation from your employer bearing in mind that the amount you receive would take into account the level of responsibility you had in the workplace injuries you suffered

Would My Accident at Work Claim be Valid if I Hurt Myself at Work?

A lot of workers who are injured in the workplace ask, “I hurt myself at work can I sue?” and the answer is that providing you can prove that you are not at fault, you have the right to sue an employer and be awarded the compensation you deserve. The criteria that has to be met includes the following:

That the accident at work in which you were injured was caused by someone else whether it was through the negligence of an employer or because a colleague make a mistake
That you were partly responsible for the incident, but your claim involves “contributory negligence” on the part of your employer
That the incident happened in the last 3 years although the time limit that is associated with personal injury claims can begin at different times depending on the circumstances that surround the accident that left you injured

The more proof you have regarding the incident in which you were injured, the stronger an accident at work claim against an employer would be. It is also worth noting that the more evidence you have of employer negligence, the more chance there would be that a personal injury lawyer would represent you on a No Win No Fee basis.

If I Hurt Myself at Work, What Responsibilities Does My Employer Have Towards Me?

Your employer is obliged to keep you safe in the workplace which is a legal requirement in the UK. If an employer fails to set in place safety measures as per the Health and Safety at Work Act 1974 and as a consequence you hurt yourself at work, they would be in breach of their “duty” and as such, you could be entitled to file a personal injury claim with an end goal being to be compensated for the injuries you suffered.

Employers could be deemed liable if you hurt yourself at work if the following applies to your case:

An employer did not provide you with adequate training
You did not receive the correct training to use specific equipment, machinery or tools
You did not receive an induction when introduced to a work environment which could include hazard avoidance as well as accidents in the workplace protocols
You did not have access to industry-standard protective equipment when carrying out a job
Machinery, equipment and tools were not kept in good working order
You were not told where the Accident Book was kept or you were not told how accidents in the workplace should be reported
Staffing levels were inadequate and there was a lack of first aid officers present
An employer did not act on reports that were made relating to any potential hazards present in a work environment

Do I Have the Right to Claim Compensation When I Hurt Myself at Work?

As long as your accident at work claim meets all the requirements associated with this type of case, you have the right to seek compensation from your employer for all the discomfort and distress you had to go through. The money you would receive in compensation would help you practically and financially because you would be reimbursed not only for all the out-of-pocket expenses you paid out but for your injuries too.

The amount of compensation you receive would help towards the following:

Therapies and ongoing treatment you may need having been injured in the workplace which could help you recover that much faster
Care costs should the injuries you sustained be such that you require help around the home
Home and vehicle adaptations

Does My Employer Pay the Compensation if I Hurt Myself in the Workplace?

When you are awarded compensation for injuries sustained in the workplace, it is your employer’s liability insurance provider who pays the amount you receive whether your case goes to court or the insurer offers to settle a case before it goes before a judge. Your employer must, by law, hold valid insurance to cover both accidents at work that leave employees as well as other workers injured and work-related medical conditions that staff may develop as a result of the jobs they do.

The liability insurance cover is compulsory in the UK and it must meet the legal threshold of £5 million. Should an employer fail to have the insurance cover in place, they run the risk of receiving hefty fines which would be levied against them by enforcing authorities.

How Would a Personal Injury Solicitor Prove Employer Negligence if I Hurt Myself at Work?

Accident at work claims can be complex and you need to have sufficient evidence to support a case for your claim to be upheld. The stronger the evidence is, the more chance you have of winning personal injury compensation. Gathering the required proof can take a lot of effort and organising which comes at a time when you need to focus on recovering from the workplace injuries you sustained. Seeking legal advice from the outset can make the process a lot easier to do and understand.

The sort of evidence you would need to gather to prove your claim would be as follows:

Proof that the accident was recorded whether in an Accident Book or by some other official means
Photos of where the incident occurred
If available, CCTV footage of the accident that left you with injuries
Photos of the workplace injuries you sustained
Medical report detailing your injuries – you may need to provide several medical reports if your injuries are severe which should include a prognosis
Witness statements
Witness contact details

You may believe that you are partly responsible for the workplace accident that left you injured but you should seek legal advice from a personal injury lawyer because they may find that your employer too could be held partly liable which is referred to in law as “contributory negligence”. Should this prove to be the case, you would be able to seek compensation from an employer bearing in mind that the level of accident at work compensation you receive would factor in your level of responsibility. An example being that should you be deemed to have had 25% liability, the amount you receive would reflect this and as such you would get 75% of the amount awarded.

What Evidence Do I Need to Provide If I Hurt Myself at Work and Want Compensation?

The more proof you can provide that you hurt yourself in an accident at work through no fault of your own (or you were partly responsible), the stronger your case against an employer would be. The sort of evidence that would add weight to your claim would include the following:

That there is a record of the accident that left you injured
A medical report of the injuries you suffered
As many witness statements as you can provide with their contact details
Photos of the injuries you suffered
Photos or CCTV footage (if available) of the workplace accident

What Procedure Should I Follow if I Hurt Myself at Work?

Once you have sought medical attention for your injuries, you should always follow the accident at work procedure that is set out by your employer. If you have suffered severe injuries which meant you had to be immediately hospitalised, you should make sure that the incident was correctly recorded whether in an Accident Book or by some other official means as soon as you are able to.

You should also check that an incident has been reported to RIDDOR should the accident and your injuries have been “reportable”. Should you find that your accident at work and the injuries you sustained have not been correctly recorded, you have the right to correct the information before signing anything.

What Are the Chances of My Claim Being Successful if I Hurt Myself at Work?

If you can provide enough evidence to prove your claim of employer negligence, a personal injury lawyer would be able to advise you on whether you stand a good chance of winning your case. The solicitor you contact would also be able to inform you on how much accident at work compensation you could be awarded which they would do as soon as possible having referred to previous similar cases and the Judicial College Guidelines.

What Level of Accident at Work Compensation Could I Receive if I Hurt Myself at Work?

If your accident at work claim against your employer succeeds, the amount you receive would depend on several things which are as follows:

The level of your injuries and how they impact your life and ability to work in the future
The loss of earnings and future earnings you incurred
Your out of pocket expenses – which must be directly linked to the injuries you suffered in the workplace. This includes all future medical care you may require whether it is physiotherapy or rehabilitation therapies

Solicitors and courts use the Judicial Guidelines when calculating the level of “general damages” you could receive. However, on top of this you would be awarded “special damages” to reimburse you for all the expenses you had to cope with having been injured in a workplace accident for which you were not at fault (or partly responsible).

Are There Any Benefits to Having a Lawyer Represent me If I Hurt Myself at Work?

Lawyers who specialise in accident at work claims on behalf of injured workers, have the necessary legal expertise to investigate cases in a timely manner. They are aware of all the legal pitfalls associated with personal injury claims which includes the strict 3 year time limit that must be respected to avoid a claim being “time barred”. In short, if you wait too long, you may no longer be able to proceed with an accident at work claim even if you can prove employer negligence.

You may ask what happens if I hurt myself at work and a solicitor would walk you through the process of filing for compensation. Another question that injured employees often ask is “if I hurt myself at work, can I sue?”. A personal injury solicitor would investigate your case to establish whether employer negligence can be proved. Even if your injuries were caused by the actions of a fellow worker, your employer could still be held responsible.

There are many other benefits that a lawyer would bring to the table which would include but is not limited to the following:

An appointment with an independent medical expert would be organised for you so that they can provide a detailed medical report on the extent of your injuries. This report would be an essential part of the evidence needed when filing an accident at work claim against an employer
When researching your case, a personal injury lawyer has the required legal expertise to determine whether an employer was negligent in their duty towards you. They would also reference legal libraries when investigating your claim and to establish how much accident at work compensation you could be entitled to receive
All pre-action protocols would be respected as would the strict statutory 3 year deadline
A personal injury solicitor would handle every aspect of your case which includes all communications between your employer and their liability insurance provider
You would be provided with essential legal advice on whether to accept an initial settlement from an insurer or whether by doing so, you would unsettle your claim
The solicitor would ensure that should you require long-term medical care, the cost of the treatments would be factored into the accident at work compensation you are awarded

Should I Accept an Initial Settlement if I Hurt Myself at Work?

Many liability insurance providers try to settle accident at work claims as quickly by offering early settlements. These are typically much less that you may be entitled to receive having hurt yourself at work. As such, you should always discuss the amount with your solicitor who would typically recommend that you hold out for more to get the accident at work compensation which you rightly deserve.

Even if you think the settlement that you are being offered is generous, a personal injury solicitor would enter into negotiations to ensure that the amount offered suits the level of injuries and out of pocket expenses you had to cope with. Another thing to bear in mind is that should you accept the initial offer, it would mean that it would disqualify you from seeking further compensation later on should you develop a medical condition that can be linked to the injuries you suffered in the workplace.

Working With an Accident at Work Lawyer if You Hurt Yourself at Work

Accident at work claims are complex legal procedures more especially if an employer denies liability. There are many legal pitfalls to avoid which could end up invalidating a claim from the outset if you are unaware of them. A personal injury lawyer with vast experience in handling personal injury claims can make the process a lot easier to follow and can help speed up the process.

Gathering all the evidence required to prove employer negligence and obtaining specialist medical reports takes time and effort. It is crucial that the statutory time limit be respected which in short means, the sooner a claim can be set in motion, the sooner a case would be settled without the risk of running out of time. Discussing an accident at work claim with a personal injury solicitor from the outset will ensure that should your claim for accident at work compensation prove valid, the sooner a settlement can be reached whether through the courts or by negotiating directly with an employer’s liability insurance provider.

Informative Links

To read more about contributory negligence if you think you were partly responsible for the injuries you sustained in an accident at work, please follow the link below:

More information about contributory negligence

If you were injured in an accident at work and would like to know more about Statutory Sick Pay (SSP) eligibility, the following link will take you the Government website where you will find more information on the topic:

Statutory Sick Pay (SSP) eligibility

Specific accidents and near misses are reportable by law to the RIDDOR, to find what which incidents have to be reported to the authority by your employer or the person in charge, please follow the link provided below:

Reportable incidents to RIDDOR

Can I Claim Compensation for Disability Discrimination in the Workplace? – A Guide To Disability Discrimination At Work Claims Calculate Amounts

The Definition of Disability Discrimination in the Workplace?

If you are put at a disadvantage for any reason that is directly related to your disability or you are treated less well in any way that is covered by the Equality Act, you would be entitled to file a disability discrimination claim to seek compensation.

The disability discrimination that you experience while at work may be a one-off event or any of the following:

An application of a policy or rule
The existence of communication or physical barriers which makes it harder or impossible for you to access something

It is worth noting that disability discrimination is unlawful even if the action or actions are unintentional.

The Law Relating to Disability Discrimination

Under the Equality Act 2010, you cannot be discriminated against in the workplace or elsewhere for any of the following reasons:

Because you are disabled
Because someone believes you are disabled – in law this is referred to as discrimination by perception
Because you are linked to someone else who has a disability – in law this is referred to as discrimination by association

It is also worth noting that treating a disabled person more favourably than another worker or person who is not disabled, is not deemed as being unlawful discrimination.

The Definition of Disability

The definition of a disability as described in the Equality Act 2010 is as follows:

A physical condition that negatively impacts an ability to carry out normal daily activities whether long-term or which has a substantial impact on a person’s life
A mental condition that negatively impacts an ability to carry out normal daily activities whether long-term or which has a substantial impact on a person’s life

The Equality Act protects you from being discriminated against if you suffer from any of the following conditions:

You suffer from a progressive medical condition such as HIV
You are suffering from cancer
You suffer from multiple sclerosis

You are protected from being discriminated against if you suffer from any of the above even if you are able to carry out normal daily activities. You are also protected from the moment you are diagnosed as suffering from a progressive health condition.

It is worth noting that the Act protects you from being discriminated against should you have been disabled in the past. An example being if you suffered from a mental health condition and did so for over 12 months but are now fully recovered.

Are There Different Types of Disability Discrimination?

Under the Equality Act 2010, the six main categories of disability discrimination are as follows:

Direct discrimination
Indirect discrimination
A failure to set in place reasonable adjustments
Discrimination that arises from disability
Harassment
Victimisation

Direct Discrimination

Direct discrimination is when you are treated worse than another work colleague or person because of your disability – an example being should you apply for a position and have the best qualifications for the job but are turned down because you told a potential employer that you suffer from multiple sclerosis. The potential employer would have assumed that you would need a lot of time off work because of your health condition

Indirect Discrimination

Indirect discrimination is when a company/organisation/employer has a specific policy and/or working procedure in place that is more favourable to employees who are not disabled than to people with a disability. Unless an employer can show “good reason” for having a policy in place and that it is proportionate, it would be deemed unlawful and therefore indirect disability discrimination would apply.
An example being if a job is advertised as being offered to applicants who hold a driving licence which would put some people with disabilities at a disadvantage because they may not have a driving licence due to suffering from epilepsy. However, if the advert happens to be for the position of “bus driver”, the job requirement would be deemed justified. Should the position be for a “school teacher”, the need for a driving licence would be much harder to justify

A failure to set in place reasonable adjustments

The Equality Act stipulates that all organisations, companies and employers have a duty to ensure that people with disabilities have access to jobs, education and other services in the same way as people who are not disabled. This is referred to in law as a “duty to make reasonable adjustments”.
If you are disabled you can be subjected to disability discrimination in the workplace should an employer, company or organisation not apply reasonable adjustments which is referred to in law as a “failure to make reasonable adjustments. An example being if your disability involves a mobility impairment and you need a parking space that is close to your office. Your employer, however, chooses to give this type of parking space to senior managers and refuses to offer you a designated parking space.
With this said, what is considered “reasonable” would depend on a several factors which includes what resources are available that would allow an employer, company or organisation to make an adjustment. Should there be several parking spaces available, it would be deemed “reasonable” for an employer to give you space that is close to the business entrance

Discrimination that arises from disability

You are also protected under the Equality Act 2010 from what is referred to as discrimination that arises from your disability. Should your disability mean you need an assistance dog or you need time off for medical treatment, you would be protected under the law from being discriminated against. However, this would not apply unless the person was aware of your disability or they should have been aware.
An example being if a privately run nursery refuses to give a place to a little boy due to the fact that he is not toilet trained even though his parents made the nursery aware that their son suffered from Hirschsprung’s Disease beforehand. This would be referred to in law as discrimination that arises from the young boy’s disability. Another example would be if you suffer from cancer and you are not offered a bonus because you took time off work to undergo necessary treatment
It would be deemed unlawful unless an employer, organisation, company could show “good reason” for this type of treatment and that it is “proportionate” which is referred to in law as objective justification.
An example being should your eyesight have deteriorated and you are unable to carry out the same level of work as a colleague who is not disabled. Your employer seeks to fire you having ruled out the possibility of alternative work being offered to you. Your employer must show that they have good reason and that their decision was proportionate

Harassment

Harassment is when you are treated badly by a work colleague or other person because of your disability which results in you feeling degraded, humiliated or offended. An example being if as a disabled woman, you are called names or you are regularly sworn at by work colleagues
The law clearly states that harassment in the workplace is never “justified”. With this said, should an employer, company or organisation show that they did every thing they could to prevent this type of behaviour from occurring, a claim would not be upheld. However, it is worth noting that you would still be able to file a claim against the person who harassed you in the workplace

Victimisation

Victimisation in the workplace is when as a person with a disability files a complaint about being discriminated against, treated unfairly or badly in the workplace. The same applies if you are someone who supports a disabled person who lodged the complaint. An example being if as an employee who files a complaint about disability discrimination, your employer threatens you with the sack if you do not withdraw your complaint against them
Another example being if your employer threatens another member with the sack because they supported your disability discrimination claim against them

With this said, it is lawful for you to be treated more favourably than an employee who is not disabled should you be disabled.

It may also be lawful to treat another disabled person more favourably than another employee with a disability. An example being should a specific disability be deemed essential for the job you do which is referred to an “occupational requirement”. If you work for an organisation that supports deaf people, you may be required to provide counselling to people who use British Sign Language and as such be a deaf BSL user yourself.

How Does the Equality Act Protect You?

The Equality Act also protects you from the following:

Being asked specific health questions that are intended to “screen out” applicants with disabilities. An employer can not ask you health related questions prior to offering you a job. There are exceptions which includes when the information is a job requirement or a necessary part of the application process. An example being if you have to fill out an application form which asks you to reveal whether you take any medication. An employer must provide proof that there is “good reason” for asking the question and if they cannot, the question must not be asked

Should I File a Disability Discrimination Claim Against My Employer?

Before filing a disability discrimination claim against your employer, you should attempt to solve the problem with them first. This can be done in an informal manner by lodging an informal complaint whether in writing or in a meeting. Should this prove ineffective, there are other routes you can take having first collected the following:

As much evidence as you can as quickly as possible and to keep all messages that you sent to an employer relating to the problem of being subjected to disability discrimination in the workplace
Write down details of the instances where you felt you were being discriminated against because of your disability

The routes you can take if you feel you have been subjected to disability discrimination at work are as follows:

Raise a grievance against your employer – this is a formal complaint
Try to negotiate an agreement with your employer which is known as “settling”
Try mediation by contacting an independent professional mediator who would try to help you reach an agreement with your employer which could avoid going to court
If mediation does not work, you should file legal action against your employment through an employment tribunal – bearing in mind that you must have attempted all of the above for your case to be heard by an employment tribunal
Seek the help of a solicitor who specialises in disability discrimination claims against employers

Should your employer make your working life difficult and you feel you have to resign from your job because of their unfair behaviour towards you, it is worth noting that you could be entitled to claim constructive dismissal. As such, you should discuss things with a lawyer who would tell you on how best to proceed.

It is also worth noting that if you choose to take legal action out against your employer for disability discrimination and they treat you unfairly, your employer would be acting unlawfully. In law, their actions would be considered as being “victimisation”. The Equality Act protects you from being victimised and as such your employer’s actions could be added to your claim.

What is the Time Limit to Filing a Disability Discrimination Claim Against an Employer?

Before taking legal action against an employer you would need to contact Acas and enter into a procedure known as “early conciliation” which must be done within the strict 3 month less 1 day time limit. The time limit starts from when you were discriminated against in the workplace. An example being as follows:

If you were discriminated against in the workplace because of a disability and the event occurred on the 14^th of July, you must file your formal complaint by the 13^th October

Should the deadline fall at a weekend or a bank holiday, the best course of action is to start your legal action on the last working day before the strict deadline ends.

The date of the discrimination could be determined as follows:

When your employer made a decision to not promote you or turned down your request for flexible hours
When a work colleague or other person discriminated against you in the workplace because of your disability

Should you have requested “reasonable adjustments” be made, it can make it more challenging to determine when the event occurred, but you can find out more about time limits for reasonable adjustments by following the link at the bottom of the page.

What to do If an Employer Asks You to Resign Because You Filed a Disability Discrimination Claim

If your employer asks you to resign because you seek compensation and have filed a disability discrimination claim against them, you should seek legal advice at the earliest opportunity. The reason being there is a very strict time limit associated with all discrimination and unfair dismissal claims which is 3 months less 1 day from the time an incident occurred. You must also follow the correct procedure which involves making either an informal or formal complaint about disability discrimination at work to your employer.

You should keep note of all your expenses and loss of earnings. You should also keep all receipts for expenses you incurred through looking for another job. This includes all your travel costs to interviews.

How to Make an Informal or Formal Complaint About Disability Discrimination in the Workplace

If you feel that you have been discriminated against in the workplace because of a disability, the best course of action is to lodge an informal complaint to your employer first before taking any further action. You can either approach your employer directly or if here is an HR department, you can file an informal complaint with them. If discussing your concerns with your employer makes you feel uncomfortable, you can choose to lodge a formal complaint to them in writing which is referred to as “raising a grievance.

It is worth noting that there may be a deadline to abide by when raising a grievance which should be written into your employment contract or handbook. Alternatively, you could ask your employer for the information. Other things you can request that your employer does includes the following:

To offer you an apology
To ensure that the disability discrimination stops
To compensate you for the harm and damage you sustained because you were discriminated against at work because of your disability
To raise awareness and to change any policies that may be in place
To review a decision whether they sacked you or refused a request for reasonable adjustments to be made in the workplace
To offer you a reference should you have quit your job due to the disability discrimination you experienced in the workplace

Should you be worried about the deadline associated with filing an informal or formal complaint with your employer, you have the option to begin a tribunal process while waiting for a response to your grievance.

How to Attempt a Settlement to Disability Discrimination in the Workplace

Before taking your disability discrimination claim to a tribunal, you should always try to negotiate with your employer first and it is important to note that you can continue negotiating with an employer with an end goal being to come to a compromise even if you file a claim against them.

How to Attempt Mediation Before Filing a Disability Claim Against an Employer

A mediator is an independent fully trained professional who remain neutral when attempting to reach a compromise with your employer. It is worth noting that an employer must agree to mediation and that they may need to pay the costs of having a mediator attempt to resolve the issue thus avoiding any legal action.

Taking Your Disability Discrimination Claim to a Tribunal

Tribunals are less formal than court hearings, but you can only file your case in a tribunal after you have tried to resolve the problem in other ways and you must have gone through the Acas process of early conciliation. You must be able to provide as much evidence as you can that you attempted to solve the problem without success. Another thing to bear in mind, is that a tribunal may not come to a decision for anything up to 6 months and that your hearing may last a few days or it can go on for weeks.

It is also worth noting that you can only be awarded specific things when you take your claim to a tribunal. These are as follows:

Rule that an employer pays compensation to you
Recommend that your employer gives you a reference or change a policy that is in place – bearing in mind that an employer cannot be forced to do either by a tribunal
Recommend that an employer state they discriminate against an employee and to explain to them how the law had been broken

If you have to take your disability discrimination claim to an employment tribunal, it is best to seek the advice of an experienced personal injury solicitor because if you don’t have a strong enough case, your claim may not be upheld which in short, means that you may not receive the disability discrimination compensation you sought.

Informative Links

If you would like to know more information on the process of mediation, please follow the link below:

More about the mediation process in a disability discrimination at work claim

If you would like to know more about “reasonable adjustments”, please click on the link below:

More about reasonable adjustments for the disabled in the workplace