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Can I File an Accident at Work Claim If I Don’t Take Any Time Off? – A Guide To Work Accident Claims Calculate Amounts

Accident at Work Statistics

Health and Safety Executive Accident at Work Statistics for the period from 2016 to 2017 showed that 1.4 million employees suffered from some kind of work-related medical condition and that 144 workers were involved in fatal accidents in the workplace.

Other statistics published by a Labour Force Survey showed that 555,000 workers suffered injuries while at work and that under RIDDOR, 71,062 employees sustained reportable injuries in the workplace. The cost of ill-health and injury in the workplace is estimated to be around £15 billion for the same period.

Should I Take Time Off Work If I Am Injured in an Accident at Work?

You are not obliged to take time off work in you suffer injuries in an accident while working and it does not affect your ability to claim compensation if you do not take time off. As such, the decision to be off work lies entirely on the extent of your injuries and your ability to work. However, there are several things to consider before making a final decision of whether to continue working or not if you were involved in an accident at work which resulted in you being injured. These are as follows:

The sort of injury you sustained and the extent of your injuries
What your job entails – should your job be physically demanding you may not be able to work during your recovery. However, if you job is less demanding you could carry on working and not take any time off
The recommendations of a medical professional. A doctor may advise that you need time off to recover from your injuries and to undergo rehabilitation if required. It is also worth noting that if you return to work too early, it could exacerbate your injuries

If you do need to take time off work, you must abide by your employer’s procedure when it comes to reporting any absences from the workplace. You can “self-certify” yourself but only for seven days after which time a doctor would need to provide an official medical note to your employer.

What Happens if I Do Not Take Time Off Work Following an Accident in the Workplace?

Should you choose to carry on working after suffering an injury in the workplace, you must ensure that the incident is officially recorded in an Accident Report Book or by some other official means which could be a letter or personal email to your employer.

An employer should do all they can to help you recover from any injuries you sustained by ensuring the work you are tasked to do is not too demanding. Your employer should also set in place reasonable measures to reduce the risk of the same accident at work happening again to another person or work colleague.

If I Carry On Working After My Injury at Work, Would it Affect My Claim?

It should not affect your accident at work claim if you remain at work providing there is sufficient evidence that the incident occurred in the workplace and that it was due to the negligence of an employer or because of an error on the part of a work colleague. With this said, even if you believe you are partly responsible for your injuries sustained at work, your employer could also be held partly liable which is referred to in law as “contributory negligence”.

The sort of evidence you would need to prove your claim includes the following:

Medical reports
Accident book records
Witness statements and their contact details
Photos of your injuries and where the accident occurred
CCTV footage if available

It is worth noting that if you do not take time off work following an injury sustained in a workplace accident, you would not be able to claim “lost wages”, but you would be able to claim other losses and damages which includes out of pocket expenses incurred due to being injured in an accident at work.

What Level of Compensation Could I Get For an Accident at Work Injury?

The level of accident at work compensation you may be awarded if your case is upheld would depend on how severe your injuries are bearing in mind that lost wages and future earnings would not be included in the amount you receive. The reason being that you continued to work after being injured. With this said, you would be able to claim general damages and special damages which are explained as follows:

General damages are awarded as a way to compensate you for any workplace injuries you sustain. In short, these damages cover the pain, suffering and loss of amenity you may have to endure having suffered a workplace injury
Special damages are awarded to compensate you for any out of pocket expenses you may have incurred because you were injured in a workplace accident. However, as previously mentioned, if you do not take any time off work after being injured, you would not be able to include loss of wages and future earnings but you would be able to claim medical and travel expenses

Should I File an Accident at Work Claim Against My Employer?

All employees have rights which includes when suffering any sort of injury in the workplace. As such, even if you do not take any time off to recover from your injuries, you have the legal right to claim compensation from an employer providing your case meets the required criteria. This is that the incident occurred in the last three years and that you were not responsible for the injuries you sustained.

However, if you think you may be partly responsible for the accident at work injuries you sustained, you should still discuss your claim with an accident at work lawyer. The reason being that even if you were partly responsible, you may be able to file a contributory negligence claim against your employer because they could be held partly liable for the injuries you suffered.

Employers are legally bound to hold liability insurance to cover accidents in the workplace that result in employees being injured. The policy also covers employees who develop work-related medical conditions. In short, when you make a personal injury claim against an employer, it is the insurance provider that handles the case from the outset whether your claim is disputed or not.

Should your personal injury claim be upheld, it is the insurance company that pays out the compensation you are awarded. It is also worth noting that most personal injury claims never go before a judge with the majority of liability insurance providers prefering to come to an “out of court” settlement with claimants.

Do I Have Workers Rights If I Am Injured in an Accident at Work?

Your worker’s rights are clearly defined in the law and employers must abide by them. If they do not, employers would be acting unlawfully. In short, your employer cannot object or prevent you from seeking compensation from them if you are injured while carrying out your job. Should you be treated unfairly or detrimentally because you file an accident at work claim against your employer, you should discuss your concerns with a solicitor who specialises in employment law. The reason being that you could take further legal action out against your employer.

Your worker’s rights if you are injured in a workplace accident are as follows:

The right to seek compensation for any workplace injuries you sustained
The right to file an accident at work claim without having to worry about losing your job

If an employer is deemed to be acting unlawfully because they attempted to prevent you from seeking compensation for workplace injuries you sustained, you should contact a lawyer immediately. You could have a strong case to file more legal actions against your employer on top of the accident at work claim.

Does An Employer Have Responsibilities in the Workplace?

All employers have to make sure that a working environment is safe, clean and tidy for you to work in. Employers must abide by Health and Safety Executive regulations and laws that are set in place to reduce the risk of harm and injury to employees, workers and other people who visit a workplace. Should an employer choose to ignore regulations or show negligence in any area that puts you at risk of being injured or harmed while you are carrying out work for them, they would be acting unlawfully and therefore be held liable for any injuries you sustained in the workplace.

Your employer’s responsibilities towards you in the workplace include the following:

To ensure that a working environment is kept tidy, clean and safe
To ensure that you are provided with adequate and ongoing training so that you can carry out the jobs you are tasked to do safely
To ensure that tools, equipment and machinery you use is in good working order and correctly maintained
To ensure that you are provided with the correct personal protective equipment when needed to carry out a job safely
To ensure that risk assessments are carried out on a regular basis and that all reasonable measures are put in place to reduce the risk of harm and injury to employees and other people
To ensure that you are provided with detailed working practices and procedures

Should an employer not do any of the above and you are injured while carrying out a job whether onsite or offsite, your employer could be liable for any injuries you sustained. As such, you should seek legal advice from an accident at work lawyer who would offer essential legal advice on the strength of your claim.

Is There a Time Limit To Making an Accident at Work Injury Claim?

You would have 3 years to file an accident at work injury claim against your employer. However, this statutory 3 year time limit can begin at different times depending on the circumstances surrounding a workplace accident. This is detailed below:

The statutory 3 year time limit begins from the date you suffered a workplace injury
The statutory 3 year time limit begins from the date you are diagnosed as suffering from any sort of medical condition that can be linked to an injury you sustained in an accident at work
The statutory 3 year time limit begins from your 18^th birthday should the workplace accident that left you suffering from an injury have occurred prior to this

Although 3 years seems like long enough to file a personal injury claim, collecting all the proof and information required is time consuming, more especially if you need to gather witness statements, medical reports and other vital information that would strengthen a claim against an employer. Should your employer choose to deny your claim, investigating their claims can also be time consuming. In short, it is far better to begin an accident at work claim sooner rather than later.

Can My Employer Fire Me For Filing a Work-related Accident Claim?

You cannot lose your job because you seek compensation for injuries sustained at work nor can an employer treat you unfairly for doing so. Should your employer object and make life so difficult for you that you feel you have to resign from your job, you should contact a solicitor because you may be able to file further legal action against your employer and be compensated not only for the injuries you sustained, but for unfair dismissal amongst other things too.

What Advantages Can A Solicitor Offer Me on My Accident at Work Claim?

As with most legal processes, accident at work claims can be complex and proving liability for any injuries you sustained, whether minor or more severe, can prove challenging. Should an employer choose to deny responsibility, proving this not to be the case takes time and legal expertise. Negotiating the legal pitfalls is also something to bear in mind because if you get things wrong at the outset, it could slow down your claim considerably and may even result in not getting the accident at work compensation you may deserve.

In short, having the experience of an personal injury solicitor work on your claim offers many advantages right from the outset and this includes the following:

Your claim would be assessed in a no obligation, free initial consultation
Once happy your case against an employer is valid and that the chance of winning your accident at work claim is strong, you would not have to pay the solicitor for representing you because they would offer to work on your case on a No Win No Fee basis
You would not have to find the money to pay for ongoing fees as your claim progresses
You would be examined by an independent specialist who would produce a detailed medical report on the injuries you sustained and the prognosis
You would be made aware of the level of accident at work compensation you may receive in a successful claim as early as possible
You would receive interim payments should your claim be complex and therefore a final settlement takes longer to reach
Should your injuries be severe, specialist therapy would be arranged for you on a long-term basis
The level of accident at work compensation you receive in a successful claim would be fair and acceptable to match the level of the workplace injuries you sustained

These are just some of the benefits and advantages an accident at work lawyer can offer you when seeking compensation for injuries you sustained while you were at work, whether you had to take time off or not.

If I Don’t Take Time Off, Would a Solicitor Work on My Accident at Work Claim?

Even if you choose not to take time off work following an accident that left you injured, a solicitor would take on your claim providing it meets the necessary criteria. The solicitor you contact would need to assess your case against an employer to determine whether they could be held responsible for the injuries you sustained due to negligence. It could be that the accident was caused by a work colleague, in which case, your employer could still be held liable.

When you contact an accident at work solicitor, they would offer you a free initial, no obligation consultation. You would be given the opportunity to state your case against an employer so that the solicitor can assess whether you could claim accident at work compensation from them for the injuries you sustained. Should this be the case, the solicitor would typically represent you by signing a No Win No Fee agreement with you. In short, you would not have to find the money to pay for their legal representation.

When you sign a No Win No Fee agreement with a solicitor, it allows them to begin investigating your accident at work claim by contacting your employer and their liability insurance provider to let them know of your intentions. Should your employer refuse to accept liability, the solicitor would immediately investigate their claims with an end goal being to get your employer to accept the fact they are responsible for the workplace injuries you sustained, no matter how minor or severe they are and whether or not you took time off to recover.

The solicitor would begin negotiations with your employer’s insurers because all employers in the UK are legally required to hold valid liability insurance. In short, it would your employer’s insurance provider who communicates with the solicitor directly whether your claim is disputed or not.

If your employer accepts responsibility for the injuries you suffered in an accident at work, the chances are that the insurer would offer an initial settlement figure which your solicitor would recommend you do not accept. The reason being that they believe a more substantial final settlement could be reached and as such, negotiations would continue until an acceptable level of workplace injury compensation is reached which would match the level of pain, suffering and loss of amenity you had to endure.

Informative Links

If you would like more information on the accident at work statistics in the UK, please click on the link below where you will find essential reading on the subject:

Accident at work statistics

If you were injured in the workplace and would like more information on personal injury time limits, the following link provides more information on when the statutory 3 years may begin:

More about the 3 year statutory personal injury time limit

Can I File a Race Discrimination Claim Against My Employer? – A Guide To Race Discrimination At Work Claims Calculate Amounts

The Definition of “Race” As Described in the Equality Act

Under the “Act”, race is defined as follows:

Colour
Nationality
Ethic origins
National origins

Who Does the Act Protect?

The Equality Act covers all employees, people who apply for jobs, trainees, apprentices, contract workers, company directors, company partners, the self-employed as well as workers who are on secondment. The Act also covers every area of employment which includes the following:

Recruitment
Selection
Promotion
Provision of training
Provision of benefits
Retirement
Occupational pensions

What is the Definition of Race Discrimination?

The definition of race discrimination is as follows:

Being treated unequally because of your perceived race, your race or because of the race of a person you associate with

Under the Equality Act, “race” is deemed to be a “protected characteristic” and as such, for an employer to act in such a way towards you would be unlawful. The Act is set in place to protect all workers and employees from race discrimination in the workplace and it covers all the relevant aspects of employment. You can be discriminated against because of your race if four ways which are as follows:

Direct discrimination
Indirect discrimination
Harassment
Victimisation

You can be discriminated against because of your race during a job interview, and in the terms of your employment if you are offered a job at all. You can be discriminated against in the workplace where promotions and transfer opportunities are concerned. Race discrimination can also apply to dismissal or being treated unfairly or detrimentally in the workplace.

What is the Definition of Direct Discrimination?

Direct discrimination is when one person treats another person less favourably and it is unlawful if the discrimination is on the grounds of their race. You could be discriminated against for the following reasons:

Because of your race
Because of your perceived race
Because you associate with someone of race

What is the Definition of Indirect Discrimination

The definition of indirect discrimination in the workplace is when there is a policy, working practice that could put ethnic minorities at a disadvantage. Your employer could discriminate against you because of a policy that is in place for all workers but which does the following:

Puts you at a specific disadvantage than it does to other employees because of your race
The policy/practice cannot be seen as a proportionate means when it comes to achieving was is perceived as a legitimate goal

An example of indirect discrimination in the workplace being as follows:

Workers/employees being asked to be “clean shaven” which would put anyone of a certain religious sect at a distinct disadvantage

It is worth noting that “indirect racial discrimination” can be justified but the onus to prove that any such discrimination would be a “proportionate means to achieve a legitimate aim” would be put on an employer. However, there are situations where “race discrimination” would be deemed lawful which is when a person of a certain race is required to carry out a job for “authenticity”.

An example being as follows:

A Chinese waiter being required to work in a Chinese restaurant

What is the Definition of Harassment?

You could be the victim of harassment in the workplace because or your race, national or ethnic origins with a person violating you in the following ways:

Violating your dignity
Creating a hostile, degrading, humiliating or offensive environment for you to work in

It is worth noting that even if a person’s actions towards you in the workplace are “perceived” as being harassing, it would still be deemed harassment.

Harassment in the workplace includes the following:

Being subjected to abusive language
Being excessively watched over when you work
Putting up with excessive criticism of your work

You can be the victim of harassment at work even when the behaviour is not directed at you personally. The Equality Act also protects you from being harassed by third parties and your employer could be deemed liable if this occurs and they failed to put in place reasonable measures to prevent racial harassment from taking place in a working environment.

What is the Definition of Victimisation?

The definition of victimisation according to the Equality Act 2010, is when you are treated less favourably because you attempted to do the following:

Raise a grievance about race discrimination in the workplace
Tried to raise a grievance
Helped another employee raise a grievance or complaint

This can also cover you if it is “assumed” you attempted to raise a grievance or complaint about race discrimination at work. It is noteworthy that you would not have to compare the treatment you received to another worker/employee who has not done any of the above.

Would My Employer Be Held Liable for Race Discrimination in the Workplace?

Your employer could be held liable if you were discriminated against because of your race in the workplace whether another worker/employer discriminated against you or your employer did. Should the discrimination have been committed by a work colleague, your employer could still be held responsible for their actions which is referred to in law as “vicarious liability”.

Your employer could also be deemed liable for the actions of other third parties in certain situations and circumstances. Should you have been discriminated against by a workmate, you should contact a solicitor who specialises in this type of case who would typically recommend that you file your case in an employment tribunal against your employer and the person who discriminated against you.

It is worth noting that your employer can offer a defence stating that they did everything they could have done to prevent race discrimination in the workplace and as such, they may not be deemed liable. An experienced lawyer would investigate your employer’s defence and would offer essential legal advice on whether you should continue with your race discrimination at work claim against them.

How Do I Prove Race Discrimination at Work?

If you believe you were the victim of race discrimination in the workplace, the onus to prove your case would fall to you. You would have to prove your case “on the balance of probabilities”. In short, an employment tribunal may doubt as to whether your employer discriminated against you because of your race, but providing the majority of the tribunal believes you were discriminated against by your employer, your case would be upheld and the tribunal would rule in your favour.

If you succeed in establishing that your employer discriminated against you because of your race, it would be up to your employer to prove otherwise. Finding direct evidence of race discrimination can prove challenging and many employers deny they treated an employee in such a way. As such, it is far better to seek legal advice from a lawyer who specialises in this type of discrimination claim because they have vast experience when it comes to defending workers and employees who have been the victims of race discrimination at work.

Do I Have to Raise a Grievance For Race Discrimination at Work?

It is far better to attempt to resolve a discrimination issue informally to begin with by filing an internal grievance with your employer or the person in charge. This obliges your employer to arrange a meeting at the earliest opportunity so your grievance/complaint can be heard. This is especially true if you are still working for the employer.

Should you have been fired from your job and you believe that you were discriminated against because of your race, you should contact a solicitor as soon as possible because you may not only be able to file a race discrimination claim against your employer but an unfair dismissal claim too.

How Does a Tribunal Deal With Race Discrimination in the Workplace?

If you have been the victim of race discrimination at work, and you take your case to an employment tribunal where it is ruled in your favour, you could be awarded in one of three ways which are as follows:

An order stating the rights of the parties
Compensation
A recommendation that your employer takes specific steps to remove or reduce discrimination in the workplace

What Level of Compensation Could I Receive in a Successful Race Discrimination Claim?

There is no “ceiling” on the amount of race discrimination compensation you could be awarded by an employment tribunal if your case is successful. The amount you receive would compensate you for the following:

Injury to your feelings
Loss of earnings or pension

There are 3 bands when it comes to compensation for injury to feelings which reflect the severity and seriousness of each case. These are referred to as the “Vento Guidelines” and are as follows:

Top band covers the most serious cases, and the amount you could be awarded would be between £26,000 and £44,000 – bearing in mind that the higher amount can be a lot higher where exceptional cases are involved
Middle band covers less serious cases than the top band, and the amount you could receive would be between £8,800 and £26,300
Lower band covers less serious cases than the middle band, and the amount you may be awarded would be between £900 and £8,800

There is a strict time limit associated with race discrimination claims which must be respected. As such, if you feel you have been the victim of discrimination because of your race or you have been victimised or harassed at work, you should contact a lawyer sooner rather than later to avoid running out of time to file a race discrimination claim against your employer.

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

As previously mentioned, there are strict time limits that govern discrimination claims in the United Kingdom which must be adhered to although an employment tribunal does have discretion when it comes to filing late claims providing there are exceptional circumstances as to why it was not done in a timely manner. With this said, the statutory time limit associated with discrimination at work claims is as follows:

3 months less one day from the time you were discriminated against in the workplace
If the discrimination you were subjected to at work was on a continuous basis, the time limit would begin from the last time you were discriminated against and the same applies if the discriminatory act was due to a policy, rule or practice that was in place

Because of the short time limit, you should seek legal advice as soon as possible if you believe you have been discriminated against at work. A solicitor would ensure that you adhere to the ACAS early conciliation procedure which is a mandatory process that must be followed prior to filing your case through an employment tribunal.

What Can Be Included in a Race Discrimination at Work Claim?

All claims are different and as such the amount you may be awarded by an employment tribunal in a successful race discrimination at work claim would depend on several factors. However, you would be compensated for all the money you may have lost because you were discriminated at work because of your race which is referred to a your “financial loss” and includes right up to the time you find another job if you lost your job.

Should you suffer from depression or a physical injury which is referred to as “aggravated damages”, this could be included in your claim against your employer. You may also need to file other claims because you were discriminated against at work for the following:

Unpaid pay and holiday pay

Should you have lost your job, your employer may also owe you the following:

Redundancy pay
Notice pay

If you have worked for more than 2 years for your employer, you can also include a basic award in your claim. A solicitor would put together what is called a “schedule of loss” and it would include this in your final settlement agreement.

As previously mentioned, you would also be compensated for the “hurt and distress” you endured because you were discriminated against in the workplace because of your race which is referred to as “injury to your feelings” which under the Vento guidelines has 3 bands of compensation:

Top band – £26,300 to £44,000 – you could be awarded a much higher figure if it is deemed that your race discrimination at work claim is exceptional
Middle band – £8,800 to £26,300
Lower band – £900 to £8,800

Should I Sue My Employer for Race Discrimination at Work?

There are specific characteristics that are deemed “protected” which includes “race”. As such, if you were the victim of race discrimination in the workplace, you have the right to seek compensation for your financial losses and “injuries to your feelings”. If you lost your job as a result of an employer’s behaviour and actions towards you because of your race, it could put you in financial difficulties. As such, filing a race discrimination claim with the aid of an experience lawyer and being awarded a level of compensation you deserve, could help you get through a difficult period of your life.

Employers not only have a duty to ensure you are kept safe from harm while you are at work, they also have to hold insurance to cover accidents at work and harm to employees which includes being discriminated against while you are in their employment. The insurance provider would deal with every aspect of your claim and would settle the amount you are awarded in race discrimination compensation.

What are My Workers Rights If I Am Discriminated Against?

As previously mentioned, one of the “protected characteristics” under the Equality Act 2010 is “race” and as such if you are discriminated against in the workplace because of your race, you have the right to level a claim through an employment tribunal against your employer. However, there is a specific procedure that must be followed when filing a race discrimination claim against an employer which is why it is best to seek legal advice before doing anything else.

What Are the Benefits of Having a Solicitor Represent Me in a Race Discrimination at Work Claim?

Discrimination at work claims are often disputed by employers and therefore proving they are liable can be challenging. There are specific protocols and procedures that must be followed and if they are not, a race discrimination at work claim may not be successful and may not even be heard by an employment tribunal. As such, working with a solicitor who has vast experience in handling this type of claim offers many benefits and advantages some of which are listed below:

You would be offered an initial consultation which allows a solicitor the opportunity to assess your claim and to establish whether an employer or other third party could be held liable. The consultation may be done over the phone or in a face-to-face meeting with the solicitor depending on the complexity of the case. You would not be obliged to continue with a claim if you do not wish to do so
Once the solicitor you contact is happy that your race discrimination at work claim is valid and that an employer could be deemed liable, they would offer to represent you on a No Win No Fee basis which could involve signing a Conditional Fee Agreement with them. This allows the solicitor to begin investigating your claim with the need of requesting that you pay them an upfront fee
If you are suffering from depression or have been physically injured, the solicitor would arrange for you to be seen by an independent specialist. The specialist would produce a crucial report on your medical condition which would be used as a basis for the damages you may be awarded in a successful race discrimination at work claim
The solicitor would let you know at the earliest opportunity the amount of compensation you may be entitled to receive
The solicitor would communicate with your employer and their insurance providers allowing you to place your focus on other things which includes your recovery

Because of the short 3 month less 1 day time limit associated with discrimination claims, working with an experienced lawyer from the outset, would help ensure that you do not run out of time when filing a race discrimination at work claim against your employer which in turn, would ensure that you receive the compensation you may be entitled to.

Informative Links

If you would like to know more about the ACAS early reconciliation process that must be followed prior to filing a race discrimination at work claim through an employment tribunal, please follow the link below:

More about ACAS early reconciliation

To find out more about the law as laid out in the Equality Act, please click on the link below:

The Equality Act 2010