An employer is legally obliged to make sure you are safe while you are working for them. Employees too should follow working procedures, practices and rules that are in place and which are there to keep everyone safe from harm and injury. However, accidents at work do happen and if you strongly believe that you were not at fault, but rather that your employer could have done more to keep you safe, you should seek legal advice from a personal injury solicitor more especially if your employer has not admitted liability or fault for the workplace injuries you sustained.

Seeking Legal Advice if Your Employer Has Not Admitted Liability or Fault?

If you were injured in the workplace but your employer refuses to admit fault or liability, you should contact an experienced accident at work solicitor. Your claim would be assessed in a no obligation consultation which is normally free of charge. The solicitor would then determine whether your employer could be held liable for the injuries you sustained whilst in their employment. You may find that it only takes a solicitor’s letter to your employer for them to accept responsibility for the workplace accident that left you injured.

If the circumstances leading up to the incident that left you injured may be less obvious making it easier for your boss to deny liability, the solicitor may recommend issuing court proceedings against your employer. Should this be the case, the process can take some time to reach an acceptable settlement. It is worth noting that your employer’s liability insurance provider could be the ones who encourage your employer to deny liability but then change their minds once they receive a letter from your solicitor and offer to settle before the case goes before a judge. The reason being that should you win your accident at work claim in court, the insurers would have to pay all your legal costs on top of their own costs.

It is essential that you follow the advice given by an experienced solicitor when filing an accident at work claim against an employer who denies liability and to provide all the evidence relating to the workplace accident as you can from the outset when you contact them. The more information the solicitor has, the faster they would be able to begin an investigation into who could be held liable for the injuries you sustained while in the workplace.

What is Contributory Negligence in the Workplace?

If your employer denies they were responsible for the workplace injuries you sustained, once a solicitor has assessed your claim and they believe that your employer could be partly liable, it would come under the legal term of “contributory negligence”. An example being as follows:

Your employer did all they could by exercising the correct “duty of care” towards you by setting in place good working practices and ensured that all employees received the correct level of training, but you were still involved in an accident in the workplace that left you injured because you failed to adhere to the working practices by not wearing the safety equipment you were given.

A court could rule that you were partly responsible for your injuries and that your employer could also be held partly liable. Where contributory negligence is attributed to a case, it would mean that the amount of accident at work compensation you may be awarded would reflect the level of “contributory negligence” that an employer is deemed to have had in the injuries you suffered.

What Happens If My Totally Denies Liability for the Injuries I Sustained?

Should your employer deny any responsibility for the injuries you sustained while in their employment, you should seek legal advice from an experienced lawyer sooner rather than later. The lawyer would assess your claim to see whether you have a strong chance of succeeding should your case go before a judge. If they feel that your claim is strong, the lawyer would recommend that you file a lawsuit against your employer should they continue to refute any responsibility for the workplace injuries you suffered while in their employment.

Should your lawyer feel that your employer has a stronger case than you and that should it go to court, you would ultimately lose, they would recommend that you drop your case against your employer. If you signed a CFA with the solicitor you contacted, you would not have to pay any fees for the legal advice and representation they provided even at this stage. It is worth noting that nobody really wants to go to court unless they know that their case is strong enough to win and that it is more typical for most personal injury claims to be settled beforehand.

Do I Have Rights in the Workplace if I Am Injured?

Your worker’s rights cover you when you are injured in an accident at work. These rights are as follows:

• That you can claim compensation from your employer providing your claim meets the right criteria
• That your job is safe if you file an accident at work claim against your employer

If your employer tells you that you cannot file a claim against them and that if you do, you would sacked or made redundant, your employer would be breaking the law. There must be another “good and valid” reason for you to be fired other than the fact you choose to seek compensation for injuries you sustained while you were at work. If you are threatened or treated unfairly in any way because you choose to file an accident at work claim against your employer, you should seek legal advice from a lawyer who specialises in employment law. You may be able to file further legal action against your employer.

Does My Employer Have Responsibilities Towards Employees?

Employers have a duty towards all employees which is to ensure they are kept safe from injury and harm while they are in the workplace and carrying out their normal daily tasks. The working environment has to be safe and all tools, equipment and machinery correctly maintained to reduce the risk of injury to workers who use them.

Your employer must abide by all Health and Safety Executive regulations and other laws that are set in place to keep employees safe while they are at work. Your employer’s responsibilities includes doing the following with an end goal being to minimise the risk of harm and injury to all employees and people who visit a workplace:

• To ensure that all employees are aware and adhere to the working practices and procedures in the workplace
• To ensure that all employees are adequately trained to carry out the jobs they are tasked to do and that ongoing training is provided on a regular basis
• To ensure that all machinery, equipment and tools are in good working order
• To ensure that risk assessments are carried out in the workplace on a regularly basis to identify hazards, dangers and risks to employees and people who visit the workplace
• To ensure that reasonable measures are set in place to reduce the risk of an accident at work occurring
• To ensure that all employees have access to personal protective equipment (PPE) when needed to carry out the jobs they are tasked to do safely

What is The Timescale for a Liability Insurer to Respond to My Accident at Work Claim?

There are “pre-action protocols” that set out the response times that a liability insurer must abide by when they receive personal injury claims from people who have been injured in the workplace or elsewhere. An experienced accident at work lawyer would ensure that these protocols are adhered to by all parties concerned so that your claim is settled as quickly as possible, bearing in mind that insurers may attempt to drag their feet during every stage of an accident at work claim against employers.

The “protocols” are designed to ensure that personal injury claims get processed effectively in an expedient way and they also make it much easier for solicitors to carry out the necessary investigations. The protocols set specific deadlines which liability insurance providers must abide by when they respond to work-related and other personal injury claims. The deadlines also include the time an insurer has to carry out the necessary investigations into the allegations that have been made against a third party, in this instance it would be your employer.

It is also worth bearing in mind that the deadlines as well as the guidelines, could vary from case to case and the type of personal injury claim that is involved. Examples being that “pre-action protocols” are different where road accident claims, medical negligence clams are filed as compared to those relating to personal injury claims.

Pre-action Protocols Relating to Personal Injury Claims

The pre-action protocols relating to personal injury claims lay out that an insurer has 3 months to respond to a case. The deadline begins from the date your solicitor submitted your “letter of claim” to a liability insurance provider. The process is as follows:

• An accident at work lawyer submits the “letter of claim” to your employer outlining your intentions and which sets out the “specifics” of your case as well as why you are holding them liable for the injuries you sustained in the workplace
• This letter must be responded to within 21 days
• It is from this point of your claim that your employer’s liability insurance provider has 3 months to investigate the allegations made against your employer and to then respond to the accident at work solicitor who represents you
• When the 3 month period ends, the reply from the liability insurance provider must state whether your employer admits or denies responsibility for the injuries you sustained in the workplace. Should your employer deny liability, the letter from their insurer must state what is known as “disclosure evidence” which must provide the reasons why your employer denies responsibility and the letter must state their “defence”

Should your employer’s insurance provider fail to respond to your accident at work solicitor’s letter within the specified time as laid out in the “pre-action protocols”, your solicitor would recommend going through the courts with your personal injury claim against your employer.

Can I Include My Losses and Damages in an Accident at Work Claim?

The way compensation is worked out in personal injury claims is quite specific. You can claim both your damages and losses which are broken down into two separate categories as follows:

• General Damages – you would be able to claim accident at work compensation for the injuries you sustained which covers the extent of your injuries and how your life and ability to work has been impacted. In short, the more extensive your injuries happen to be, the more in the way of “general damages” you would receive if your personal injury claim is upheld
• Special Damages – you can claim all of the expenses and other costs you had to cope with because of the workplace injuries you sustained. This covers all your medical costs, travel expenses and other money you had to pay out as a direct result of the workplace injuries you sustained. As such, it is essential that you keep all the receipts and records of the costs you incurred as proof of your out-of-pocket expenses

Should I File For Compensation Against An Employer Who Denies Liability?

All workers in the UK have rights and this includes to seek compensation if they are injured in the workplace and the accident occurred because of the negligence of an employer or because a work colleague made an error or misjudgement. Having been injured while carrying out a job in the workplace, you may not be able to bring in your normal wage.

The reason being that your injuries could mean that you are unable to work whether for a short period of time or much longer. It could make paying bills and your usual living expenses much harder to meet which puts more pressure on you and it prevents you from placing all your focus on recovering from the injuries you sustained at work.

Should your employer deny that they are responsible for the workplace accident that left you injured, it would their liability insurance provider who would have to show why this is the case. The insurer would do so when replying in the required time to the letter your accident at work solicitor sent to them at the outset.

The lawyer who represents you would then establish whether you should take your case to court and would do so if they believe that you have a strong claim and that your employer is, in fact, liable for the workplace injuries you sustained. A solicitor would only recommend filing a court action against an employer if they strongly believe the chances of your claim being upheld by a judge is high.

What is the Time Limit to Filing an Accident at Work Claim?

You would have 3 years to file an accident at work claim against your employer if you believe they were liable for the injuries you sustained while you were in their employment. The statutory 3 year time limit begins at different times depending on the circumstances surrounding the workplace accident that left you injured which is as follows:

• From the date you suffered an injury in the workplace
• From the date a doctor diagnosed you as suffering from a medical condition linked to the injury you sustained in the workplace
• From the date you turn 18 years old if the workplace accident happened before this date

When an accident at work claim is disputed by an employer, it is far better to seek legal advice from an experienced lawyer sooner rather than later because gathering all the required evidence to prove your case, takes time and effort. Medical reports, and other documents which are needed to strengthen a claim must be verified, all of which always takes much longer than first anticipated and the sooner a case is filed, the sooner an outcome can be reached.

What are the Benefits of Working with a No Win No Fee Lawyer if My Employer Denies Liability?

Having the experience of a solicitor work with you on a claim that is disputed by your employer offers many advantages and benefits. The legal process involved in personal injury claims can be complex more especially if a claim is denied. The benefits of working with a No Win No Fee solicitor when challenging a claim that is denied includes the following:

• Your first consultation would be free of charge and it allows the solicitor the chance to assess whether you have a strong case against a negligent employer
• The solicitor would ask you to sign a CFA which sets out the Terms and Conditions of the contract between you and the lawyer who represents you on a No Win No Fee basis. This means that should the lawyer find that your case is not strong enough to go before a judge, you would not have to worry about having to pay for the legal advice and legal representation you were provided with at that point of the process
• Should the No Win No Fee solicitor feel that your case against your employer is strong enough to go to court, they would gather all the required evidence and proof to present to the judge on your behalf
• The solicitor would let you know at the earliest opportunity how much accident at work compensation you may be awarded in a successful claim
• The solicitor would ensure that pre-action protocols are respected which can speed up your claim considerably
• The solicitor would also ensure that the statutory 3 year time limit associated with personal injury claims is respected
• A solicitor would ensure that you receive the right level of accident at work compensation you deserve
• The solicitor would also be able to negotiate interim payments for you should your case be such that it takes longer to reach an acceptable, final settlement

An experienced accident at work lawyer also has access to legal libraries which they can refer to when they need to and which they can use as “precedents” when presenting your case in court. When an employer denies liability for injuries an employee suffers in the workplace, the solicitor who represents you would work hard to prove that liability for the injuries you sustain would fall to your employer and providing there is enough evidence to prove this to be the case, your solicitor would strongly recommend that you file a lawsuit against your employer stating the reasons why they could be held responsible for the accident at work that left you with injuries.

Informative Links

If you were involved in an accident at work that left you with injuries and would like to have more information of what workplace incidents have to be reported to the Health and Safety Executive (RIDDOR), please follow the link below:

Reporting workplace accident, incidents, injuries and diseases

To find out more information on Conditional Fee Agreements (CFAs) otherwise known as No Win No Fee agreements that are set in place between you and a solicitor, please click on the link below:

More about No Win No Fee Agreements

Your employer must by ensure that you and all your working colleagues whether full-time or part-time, are kept safe when they in a working environment. The same applies to contractors and agency workers who work for an employer and who are under their control. The law also requires that your employer makes you fully aware of all hazards, risks and dangers that may be present in a work environment which they can achieve by carrying out regular risk assessments.

Should your employer fail in their duty to keep you “safe” while you are in their employment, they could be deemed negligent and you could claim accident at work compensation should you have suffered any sort of injury whether minor or more severe.

Proving Your Employer May Be Held Responsible for Your Accident at Work Injuries

Your employer could be held responsible through negligence for an accident at work that left you with injuries for a number of reasons and this includes the following:

• You were not given adequate training as per the Health and Safety training regulations. Without the right kind of H&S training, your employer is putting you more at risk of being injured while carrying out jobs you are tasked to do while you are in their employment
• The machinery, equipment and tools you regularly use during the course of a working day was not correctly or adequately maintained as per the manufacturer’s recommendations. Any equipment, machinery or tools which are not maintained in good working order put you in harm’s way and raises the risk of you being injured in the workplace as such your employer would be deemed negligent in their duty to keep you safe at work
• The machinery, equipment or tools you use was faulty which resulted in an accident at work that left you with an injury. Your employer would be held responsible for the injuries you sustained
• You were not trained to use specialist equipment which caused you to be injured. Again, this may be used as evidence of employer negligence
• The working environment was unsafe because you were asked to work on slippery or uneven flooring or because there were other hazards in the area you work. This could be seen as your employer failing in their duty to keep you safe and as such, they would be deemed negligent which resulted in a workplace accident that caused you to be injured
• You were not provided with adequate or the correct personal safety equipment and as a result you suffered an injury. This would be seen as employer negligence in the workplace
• You developed a work-related disease or health issue because your employer failed to put in place all reasonable measures to keep you safe from harm while working for them
• You were hit by a moving vehicle in the workplace because inadequate safety measures were set in place by your employer to prevent this type of workplace accident occurring. Your employer could be held negligent in their duty to keep all employees safe whilst in their employment

What are My Workers Rights Following an Accident at Work?

All employees in the UK have “rights” which are highly protected. Should you have been injured in the workplace through employer negligence, you have the “right” to file a negligence claim against your employer and to be awarded compensation for your pain, suffering and loss of amenity you had to endure through no fault of your own.

What Are My Employer’s Responsibilities in the Workplace?

There are various laws and as well as Health and Safety regulations that protect employees in the workplace and employers must abide by them. Should your employer have ignored the law or they chose to take short cuts to speed a job up which resulted in you suffering any sort of injury, you have the right to seek compensation by filing a negligence claim against your employer.

Employers in the UK must by law do the following to reduce the risk of harm and injury to employees:

• That all employees and other workers are trained to do a job to a satisfactory standard and that ongoing training is provided on a regular basis
• That equipment, machinery as well as any tools that are used in the workplace is correctly maintained and in good working order
• To carry out risk assessments on a regular basis to identify any dangers, risks and hazards in the workplace before setting in place “reasonable” measures so that injury and harm to employees and other people is reduced
• To make sure that all employees and other people are provided with the correct and adequate personal protective equipment
• To make sure that all employees and other people are given detailed working practices and procedures

If you were injured at work because your employer failed in any of the above, they could be held responsible and would have to award you accident at work compensation because of their employer negligence towards you and your work colleagues.

What Do I Need to File a Negligence Claim Against My Employer?

You would need to gather as much evidence as you can if you want to file a negligence claim against your employer. This includes proof that your employer failed in their duty to set in place measures to ensure that your working environment was safe. You would also need to provide the solicitor with a detailed report of the circumstances that led to you being involved in an accident at work which left you injured or which caused you to develop a work-related medical condition.

The steps you should take following any sort of workplace incident that leaves you injured or harmed in any way, are as follows:

• To seek medical care as soon as possible and this includes whether you are injured slightly, have suffered more serious injuries or you have developed a medical condition as a result of the work you do
• To check that the workplace accident was officially reported. This could be in an Accident Report Book or by any other official means whether in writing or a personal email to your employer or person in charge of the workplace. You should keep a copy of the report for your own records and always check that the information relating to your accident at work has been correctly recorded in an Accident Report Book. Should you find that some details are incorrect, you have the right to correct this before adding a signature to the official report
• Get statements from witnesses together with a record of their contact details
• Get photos of the injuries you sustained which are best taken before any treatment is provided
• Get photos of where the workplace accident that left you injured occurred
• If there is CCTV footage of the incident, ask for a copy which you are entitled to have and employers must respect your request in an acceptable amount of time
• Get a detailed medical report of the injuries/work-related illness making sure that the report provides all the symptoms you are experiencing even the minor ones. The reason being that later on, a minor symptom may turn into a more serious health problem later on in time
• Keep all receipts of costs and expenses that you had to cope with because of your workplace injuries. This includes your travel costs to and from the place you receive treatment/therapy and the cost of prescriptions and any other medical costs you had to pay as well as any care costs you incurred because of your injuries

The rule of thumb when filing a negligence claim against an employer, is to have as much evidence as possible. This  would help strengthen your case against your employer and  would provide strong proof of employer negligence towards you.

How Do I Start My Negligence Claim Against My Employer?

Work-related personal injury claims tend to be complex more especially if your employer denies liability for any injuries you sustained while carrying out work for them. Should an employer not acceptable responsibility for the accident at work that left you injured, you may have to take your case to court. As such, it is best to seek legal advice from an accident at work lawyer who has vast experience in dealing with claims where employers deny liability.

The reason being that there are many legal pitfalls that must be avoided and a “pre-action” protocol that must be respected or your case may not get passed the first post even if you have all the required evidence to prove employer negligence. Insurance providers are often slow to respond to the correspondence they are sent and an experienced lawyer would urge them to reply to an initial letter confirming your intentions of filing a negligence claim in a timely fashion.

The solicitor you contact would assess your claim before deciding whether you have a strong case against your employer for negligence in the workplace. Once satisfied, the solicitor would typically offer to represent you without having to request an upfront fee or retainer by working on your negligence claim against an employer on a No Win No Fee basis. This takes all the financial pressure of paying for legal representation off your shoulders and ensures that the legal pitfalls are avoided from the outset.

You would need to give the solicitor all the information and evidence relating to your claim so they can start their investigations. Once you sign the CFA (Conditional Fee Agreement), the solicitor would then contact your employer to inform them of your intentions. The solicitor would handle all aspects of communication on your behalf with both your employer and their insurance providers.

If your employer does not accept that they were negligent in their duty towards you, your solicitor may recommend filing a lawsuit against your employer. As such, you may need to attend a court hearing but if your employer accepts liability, the insurance company that issued the liability policy would typically offer to settle your negligence claim against your employer “out of court”, bearing in mind that the majority of personal injury claims that are not disputed as settled in this way.

What You Can Include in Your Negligence Claim Against Your Employer

You are entitled to claim both damages and losses in your negligence claim against your employer. The damages are covered by “general damages” which compensate you for the injuries you sustained through employer negligence. Your “losses” are the expenses and costs you paid out because of your injuries which come under the legal heading of “special damages”.

The amount you would be awarded in general damages would be based on the extent of your injuries and how your ability to work and your overall health and well-being has been negatively impacted. The Judicial College Guidelines set out the amount you may be awarded but as each claim is different, the amount you receive may be higher or lower than the guidelines proposed by the Judicial College.

Where special damages are concerned, it is essential that you retain all receipts relating to the costs and expenses you had to pay out which includes for the following:

• Travel expenses to and from treatment and therapies you had to undergo
• Medical expenses which includes the cost of treatments, therapies, prescriptions and all other medical related costs you incurred
• Care costs if your injuries were such that you needed help around the home during your recovery or the cost of ongoing care should this be necessary
• Home adaptations should these be required to make moving around you house easier if your injuries affected your mobility
• All other costs you incurred because of employer negligence that led to you being injured in the workplace

Should I Sue My Employer If They Were Negligent in the Workplace?

If your employer failed in their duty to keep you safe from harm and injury while you were in their employment and carrying out jobs you were tasked to do whether onsite or offsite, an example being on a “building site”, your worker’s rights entitle you to seek compensation for the pain, suffering as well as the loss of amenity you were forced to cope with through no fault of your own.

In short, you have every right to file a negligence claim against your employer and to receive the correct level of accident at work compensation to suit the injuries you sustained. As previously touched upon, your employer has a legal obligation to hold liability insurance. It is your employer’s insurer who would deal with your negligence claim against your employer and it is the insurance provider who would pay out the accident at work compensation you may be awarded in a successful claim whether the case goes before a judge or you are offered an out of court settlement by the insurance company.

Is There a Time Limit to Filing a Negligence Claim Against My Employer?

If you are considering taking legal action out against your employer because you believe they failed in their duty to keep you safe in the workplace, there is a statutory time limit that must be adhered to. This time limit must be respected if your claim is to be upheld and begins as follows:

• 3 years from the date you were injured in the workplace
• 3 years from the date a medical professional diagnosed you as suffering from a medical condition that you developed due to being injured in the workplace
• 3 years from when you turn 18 years old should you have suffered your injuries earlier than this

Could I Lose My Job If I File a Negligence Claim Against My Employer?

You have worker’s rights which are highly protected and these include your “right” to seek compensation for injuries or harm sustained in the workplace through employer negligence. You also have the right to do the following without the fear of losing your job if you do:

• File a work-related personal injury claim against a negligent employer
• Be awarded a level of accident at work compensation to suit the injuries you sustained

Should your employer try to stop you from doing any of the above or if they tell you that you would be sacked or made redundant if you do, your employer would be behaving unlawfully and as such, you would have the “right” to seek further compensation for their actions.

Are There Any Benefits to Working With a Solicitor on a Claim?

There are many advantages to having a lawyer represent you when you file a negligence claim against your employer. Some of these are listed below:

• You would be offered an initial, free consultation by the solicitor you contact which allows them to assess whether you have a strong case against a negligent employer. You would be under no obligation to proceed with your claim should you not wish to
• The solicitor would agree to work on your negligence claim on a No Win No Fee basis once they are satisfied that your claim is valid
• Solicitors have a lot of experience in handling successful work-related personal injury claims against negligent employers and they fully understand the legal pitfalls that can lead to a case being rejected
• Solicitors understand that “pre-action” protocols must be respected
• Solicitors can use legal libraries when needed and are able to use previous cases which they can base your negligence claim against your employer on
• The solicitor would advise you on the amount of accident at work compensation you may be awarded as soon as it is feasibly possible to do
• An experienced accident at work lawyer would ensure that you receive interim payments should your case take longer to reach a final settlement
• The solicitor would work hard to ensure that you are awarded a level of compensation to suit the damages and losses you incurred through the negligence of your employer
• A solicitor would make sure that you receive ongoing treatment should your injuries be so severe that you require long-term care

Would a Solicitor Work on a No Win No Fee Basis on My Negligence Claim Against My Employer?

Providing you have the required evidence to prove that your employer was negligent in their duty and as such you were injured or developed a work-related health issue as a direct result, a solicitor would be happy to work on your claim you without you having to pay an upfront fee for them to do so. It would involve signing a Conditional Fee Agreement with the solicitor which is a legally binding contract that is often referred to as a No Win No Fee contract.

The contract sets out the agreed percentage that you would only have to pay the solicitor when you are awarded the compensation you seek and the amount is deducted from the compensation you are awarded. Should you lose your negligence claim against your employer, there would be no “success fee” to pay for the legal services the solicitor provided.

Useful Links

If you were injured in the workplace and would like more information on an employer’s legal responsibilities towards you, the following link takes you to the Health and Safety Executive website where you will find valuable reading on the topic:

More about your employer’s responsibilities towards employees in the workplace

To find out more about the laws that protect you and your work colleagues, please click on the link below which takes you to the British Safety Council website where you will find essential reading on the topic:

The Health and Safety at Work Act Explained

To find out more information reporting workplace accidents to the Health and Safety Executive, please follow the link below which takes you to the Gov.uk website that provides detailed information on the topic:

Reporting workplace accidents in the workplace