If you were involved in a workplace accident that left you injured or you developed a work-related medical condition, under UK law you are entitled to claim compensation from an employer providing your case meets specific criteria. To find out what sort of damages and losses can be included in an accident at work claim, please read on.

What UK Law Entitles You to Claim For in an Accident at Work Claim

Having been injured in an accident at work or because you developed a medical condition that can be linked to the work you do, the law in the UK entitles you to claim financial compensation for the pain, suffering, loss of amenity and out of pocket expenses you had to deal with. You are entitled to claim for the following:

• All financial losses directly associated with the workplace injuries sustained or medical condition you developed which includes future losses too
• Any loss of wages due to having time off work to recover from the injuries you sustained
• The expenses you had to pay out for treatments and therapies
• All other costs and expenses that can be linked to the injuries you suffered while at work

Personal injury compensation comprises of two separate elements which are as follows:

General damages

• These are awarded for the “pain, suffering and any loss of amenity”. In short, the general damages you could be awarded should your accident at work claim be successful would be based on the extent and seriousness of the injuries you sustained and how your symptoms may negatively impact your future life

When it comes to pain, suffering and loss of amenity (PSLA), the pain and suffering part of the amount you may be awarded would be for the past, present and future psychiatric and physical symptoms you may experience as a result of having been injured in an accident at work.

The loss of amenity element that is included in general damages are awarded in personal injury claims to compensate you for any “loss of enjoyment of life” or how your ability to do everyday chores and tasks is negatively impacted by the injuries you suffered.

When trying to work out how much personal injury compensation you may be awarded in general damages, there are guidelines published by the Judicial College which set out the amounts injured parties may be awarded in successful personal injury claims.

It is worth noting that when assessing pain, suffering and loss of amenity, the fact you may suffer from a pre-existing medical condition/disability would be taken into consideration and the same is true if the workplace injury you sustained accelerated your pre-existing health issue.

Another point that would be taken into consideration would be your sex and age which could also affect the amount on the general damages you may be awarded in a successful accident at work claim against a negligent employer.

Loss of Amenity Examples:

• An employee who works in a factory has lost part or all of their hearing due to the fact they were not provided with adequate personal protective equipment in the form of ear protection. The result is that the worker cannot listen to music, watch television – the employee would be compensated for this loss of amenity
• A taxi driver suffers a catastrophic injury to a leg and can no longer play football – the driver would be compensation for this loss of amenity

The way loss of amenity is calculated can be challenging as it is hard to place a financial value on anything that is not “tangible”. As such, you would need to provide evidence that the quality of your life was diminished by the fact you suffered an injury in the workplace which can be achieved by producing testimony from friends, family and other people. Photos and video evidence is also invaluable when it comes to assessing how much you may be awarded for the loss of amenity you have to endure.

Special damages

• These are easier to work out because they are calculated on “actual” expenses and costs you incurred due to having been injured in the workplace. Special damages would include loss of earnings, loss of future earnings, the cost of a carer should this be necessary, the cost of medical treatment which includes prescriptions, physiotherapy and other therapies you may need, the cost of modifying your home should this be necessary due to the injuries you sustained, travel costs whether you go by car, taxi, bus, train or other means
• Special damages also include all other costs and expenses that are incurred due to having been injured in the workplace and this includes electricity bills and heating bills being higher because you had to remain at home during your recovery.
• Should you need the assistance of a full time carer the cost can be claimed in an accident at work claim and would be part of the special damages you may be awarded. If your injuries are substantial and you are no longer able to live in your home, you can claim the cost of having to go into a care home

When calculating the special damages you could be awarded in a successful claim, the largest portion of the compensation you receive is typically your loss of earnings. Should you not have been able to work for a period of time, you may have only received Statutory Sick Pay and not be able to bring home your normal weekly or monthly salary.

Your employer may pay you a basic wage while you are off work recovering from the workplace injuries you sustained, but you could lose out on perks, overtime and any other allowances you may have been entitled to had you not been injured in the workplace. As such, you can include these losses in your accident at work claim and they would be included in the special damages you are awarded.

Having to attend medical appointments for much needed treatment can also add to your financial losses whether you have to go to a hospital, physiotherapist or specialist. As such, the travel expenses you incur would be compensated in the special damages you are awarded. It is also worth noting that should you require any medical aids and equipment you would be reimbursed the cost of the items in the special damages you receive.

Should any of your property which includes things like clothing, glasses and other items be damaged or ruined in the workplace accident, you can include the cost of replacing these in your accident at work claim and the amount would be included in the special damages you are awarded.

If your injuries are severe and you require ongoing medical assistance, you can claim care costs and this includes when you are helped and cared for by family members or friends who you do not pay.

An accident at work lawyer would provide you with essential advice on what you may be able to claim in special damages bearing in mind that you must provide all the receipts as proof of your expenditures which can be directly linked to the injuries you sustained in a workplace accident.

What are My Workers Rights Following an Accident at Work That Was Not My Fault?

If you are involved in a workplace accident and you are injured whether the injuries you sustain are minor or catastrophic, you have the right to seek compensation from your employer providing your claim meets specific criteria. This is that the incident occurred in the last 3 years and it was caused by a third party. However, if you were partly responsible, your employer could be deemed partly liable for the injuries you sustained too. Your rights are as follows if you are injured in the workplace:

• You have the right to seek compensation
• You can file an accident at work claim against your employer without the worry of being sacked from your job

Your employer would be acting unlawfully if they sacked you, threatened to make you redundant or tried in any way to prevent you from seeking compensation after you were injured in an accident in the workplace. If this should be the case, you should contact a lawyer who would provide essential legal advice on whether and how to take out further legal action against your employer.

What Are My Employer’s Responsibilities in the Workplace?

Employers must abide by all legislation, regulations and laws that are set in place to protect employees and people in the workplace. Failing to adhere to Health and Safety regulations that result in accidents at work that leave you injured, would mean that an employer could be held liable. As such their insurance providers would pay the personal injury compensation that is awarded.

An employer’s responsibilities in the workplace include the following:

• To provide adequate working procedures and practices to all employees
• To ensure that all employees and other workers are given adequate and ongoing training so they can carry out their jobs safely
• To provide the correct personal protective equipment (PPE) to all employees and other workers. The PPE must be correctly stored and replaced with new when necessary
• To ensure that regular risk assessments are carried out in the workplace so that hazards and dangers can be identified. Once identified, reasonable measures should be set in place to reduce the risk of employees and other workers from being injured while carrying out their jobs
• To make sure that all machinery, equipment and tools are in good working order

Should an employer fail to keep you safe from harm or injury while you are in their employment and you are involved in a workplace accident that results in you being injured through no fault of your own, your employer could be deemed liable. As such, you would have the right to seek compensation by filing an accident at work claim against them.

Should I File an Accident at Work Claim Against My Employer

All employee’s rights are highly protected in the UK and this includes when injured in the workplace or if they develop a work-related health condition. Your injuries may be minor or they could be a lot more severe which could mean you are no longer to carry out the job you used to do.

Even if you suffered minor injuries in a workplace accident, you may not be able to work for several weeks during your recovery. This can put you and your loved ones under financial pressure because you would not be able to bring in your normal weekly or monthly wage.

Filing an accident at work claim against an employer can make life a lot easier when it comes to finances and it allows you to place your full focus on recovering from the injuries you sustained through no fault of your own while you were at work. If you think you may be partly responsible for your injuries, you should still discuss your case with an accident at work lawyer because your employer could be deemed partly responsible for any injury you sustained.

Under UK law, all employers must hold liability insurance and the policy must be issued by a recognised provider for it to be valid. The cover must also meet the legal requirement which currently stands at £5 million. When you file an accident at work claim against an employer for injuries sustained when you are in their employment, it is the insurer who deals with your case whether your employer argues they are not responsible or they accept liability. As such, it is the liability insurance provider who pays out your accident at work compensation and not your employer.

Are There Benefits to Having a Solicitor Represent Me on an Accident at Work Claim?

One of the many advantages of having an expert solicitor represent you when you file an accident at work claim against a negligent employer, is that they would work very hard to ensure that you are awarded the right level of compensation both in general damages and special damages. Other benefits of working with an accident at work lawyer include the following:

• A solicitor would first assess your claim in an initial consultation which is typically free of charge and you are under no obligation to continue with a claim should you not wish to proceed
• A solicitor would arrange for you to be examined by an independent consultant/specialist who would provide a detailed medical report on the workplace injuries you sustained. This report would be used as a basis for the amount of general damages you would be awarded in a successful accident at work claim
• A solicitor who specialises in accident at work claims would work with you on a No Win No Fee basis which means you would not pay any upfront fee or ongoing fees either
• Lawyers can access legal libraries when needed which they can then base your claim on
• A solicitor would respect pre-action protocols and would make sure the 3 year time limit that is associated with personal injury claims is respected too
• A solicitor would investigate an employer’s claims that they are not liable for the injuries you sustained and would work hard to get them to admit responsibility
• A solicitor would also ensure that you receive interim payments should your claim take a longer time to reach a final settlement
• A solicitor would ensure that the level of accident at work compensation you receive is acceptable
• A solicitor would also arrange for you to receive ongoing treatment should this be necessary

Is There a Time Limit Connected to Accident at Work Claims?

Accident at work claims like personal injury claims are governed by a strict 3 year time limit. However, there are exceptions as to when the time limit starts which is detailed below:

• 3 years from the date you were injured in an accident at work
• 3 years from your 18^th birthday should the workplace accident have occurred when you were under the age of 18
• 3 years from the day you were diagnosed as suffering from a medical condition that can be linked to injuries you sustained in a workplace accident

Can My Employer Fire Me For Seeking Damages and Losses in an Accident at Work Claim?

Worker’s rights are protected and as such, if you choose to file for damages and losses by making an accident at work claim against your employer, they cannot sack you for doing so because your employer would be acting unlawfully if they did. You cannot be treated unfairly or detrimentally either and if you are, you should legal advice from a solicitor because you could be entitled to seek further compensation from your employer.

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

No Win No Fee agreements were set in place to help workers and other people who suffer injuries or harm through no fault of their own, the opportunity of seeking compensation from a negligent third party. A solicitor would first need to assess your accident at work claim to establish that your employer could be held liable for the injuries you sustained. Once this has been determined, the lawyer would agree to represent you on a No Win No Fee basis and would sign a Conditional Fee Agreement (CFA) with you.

The CFA or No Win No Fee agreement as the legal contract is often referred to, sets out all the terms and conditions of the agreement which includes the amount you would have to pay the solicitor but only if your case is upheld. The percentage you agreed to pay in the CFA, would be deducted from the accident at work compensation you are awarded.

Should your case be unsuccessful and you are not awarded any compensation for the injuries you sustained, you would not have to pay the solicitor for the legal representation they provided. In short, you only pay the lawyer if your accident at work claim is successful and you are awarded the damages and losses you sought from your employer.

Informative Links

If you would like more information on claiming compensation for an injury you sustained in the workplace, please follow the link below:

More about claiming personal injury compensation for a workplace injury

To find out more information about Conditional Fee Agreements (CFAs), the link below provides essential reading on No Win No Fee agreements:

More about No Win No Fee agreements

If you were injured in a workplace accident or you developed a work-related medical condition and feel that your case is taking too long to settle, you may be wondering whether you can do anything to help speed up the legal process. When it comes to accident at work claims, seeking legal advice sooner rather than later can speed up what is often a lengthy legal procedure considerably.

Instructing an Accident at Work Solicitor to Handle Your Claim Against an Employer

As previously mentioned, the sooner you instruct an accident at work solicitor to investigate your claim, the sooner your case would be handled and settled. A lot of the time, injured parties delay filing a personal injury claim for a number of reasons which are as follows:

• A worry of how seeking compensation for a workplace injury may affect how an employer may react and a fear of losing a job or being made redundant
• Not knowing who could be responsible for the workplace accident and whether the injured party is partly to blame for the injuries they sustained

If you feel anxious about filing for compensation, discussing your concerns with an accident at work lawyer could help you understand the legal requirements and the process of determining who could be held liable.

A solicitor who has vast experience in handling accident at work claims for employees understands what is required when it comes to respecting pre-action protocols which are critical.

Should an employer deny liability, the sooner a solicitor can commence an investigation into their responsibility for the injuries you sustained or the work-related medical condition you developed, the sooner they would get your claim heard and settled.

Respecting the 3 Year Time Limit Associated with Accident at Work Claims

There is a strict 3 year statutory time limit that must be respected for an accident at work claim against an employer to be valid. Gathering all the evidence and proof required takes time and effort. Therefore, any sort of delay in instructing a solicitor could mean that you may run out of time. In short, if you would like to see an earlier settlement on an accident at work claim, it is far wiser to contact a lawyer as soon as you can when you are injured in a workplace accident.

Another thing to bear in mind is that a solicitor would need to investigate your claim before they would agree to work with you on a No Win No Fee basis. This can take time so it is best not to wait for too long or to wait for the last minute before deciding to seek compensation from an employer.

Gathering the Required Proof and Evidence When Filing an Accident at Work Claim

The sooner you can gather all the proof and evidence that is needed when filing an accident at work claim, the better and the faster a solicitor would be able to determine whether you have a strong case and that your employer could be held liable for the injuries you sustained.

You should keep all receipts for the expenses and other costs you incurred as a direct result of having been injured in the workplace. This includes travel costs and medical expenses. When it comes to losses, you can claim for damage to any property or belongings too. The accident at work solicitor you contact would typically send out a “pack of documents” which you would need to fill out and return to them as soon as possible. This would include the following:

• The instruction form
• A verification of ID form
• The Conditional Fee Agreement (CFA) otherwise referred to as a No Win No Fee agreement

A solicitor would not commence work on your accident at work claim until they receive these documents duly filled out. In short, the sooner you return the documents to a solicitor, the quicker they can start investigating your case.

Getting a Detailed Medical Report of the Workplace Injuries You Sustained

If you had to be taken to the Accident and Emergency Department of a local hospital to be treated following an accident at work, you would already have a medical report which you should request from the hospital where you were initially treated.

However, you should also request for the solicitor you contact to arrange for you to be examined by an independent consultant or specialist as soon as possible. The detailed medical report would be crucial when it comes to establishing the extent of the injuries you sustained. The information in the report would be used as a basis for the amount of general damages you could be awarded in a successful personal injury claim against your employer.

Dealing With Your Employer’s Liability Insurance Provider

When it comes dealing with your accident at work claim, this would be up to your employer’s liability insurance provider who would handle all aspects of the case from the outset. Insurance companies are renowned for their delay tactics which includes paying out compensation to injured parties. As such it is best left up to an accident at work lawyer when it comes to communicating with the insurance company who may challenge your claim.

The insurance company may offer an initial low-ball settlement which your solicitor would typically advise you to refuse, knowing that it would be more than possible to get the insurer to up the amount at a later date. It is worth noting that “early settlements” offered by insurance companies are typically made “without prejudice”.  In short, this means that even though a settlement is offered, it does not mean that your employer or the insurance company admits liability for the injuries you sustained in the workplace.

An experienced accident at work lawyer would be in a position to know whether it is wiser to accept an “early settlement”, or whether you should hold out for a higher offer because they believe there is a strong possibility of this happening. Your solicitor may even think that your accident at work claim should go to court, bearing in mind that this would mean that it would take considerably longer for a settlement to be reached.

How Long Does it Usually Take for an Accident at Work Claim to be Settled?

Every claim is different and as such, the time it takes to reach a settlement can vary from case to case. Should your employer deny liability for the injuries you sustained at work, it would take longer than if they accept responsibility. With this said, most accident at work claims are settled in anything from 6 to 9 months.

There are several  factors that could affect how long it would take for your claim to be settled which are detailed below:

• The extent and seriousness of the workplace injuries you sustained or the work-related medical condition you developed
• The circumstances leading up to the accident at work that left you injured or suffering from a medical condition
• How long it takes you to gather all the medical evidence and reports that are required
• Whether your employer denies liability for the workplace injuries you sustained

How The Workplace Injuries You Sustained Could Affect the Duration of an Accident at Work Claim

The extent of the injuries you suffered in an accident at work is a key factor as to how long it could take to reach a final settlement. The solicitor who represents you, may recommend that you wait until the full extent of your injuries are known and to only accept a settlement when these are officially recorded.

In short, it could take anything from a few weeks to several months for the full extent of your injuries to be known and in some exceptional instances, it can take several years. Should this be the case, a solicitor would work hard to ensure that you are awarded interim payments until a final settlement can be reached.

How the Circumstances That Lead Up to An Accident at Work May Affect the Duration of a Claim

The solicitor who handles your accident at work claim would follow all Pre-Action Protocols which they could do through the Ministry of Justice Claims Portal online. Your employer’s liability insurance provider then has 35 days to go over the evidence and to make an offer which is referred to as a “total consideration period”.

It is worth noting that the time limit of 35 days can be extended and is subject to “various conditions”. Should your accident at work claim be settled through the “Claims Portal”, it should take anything from 4 to 9 months providing you accept the settlement that is offered by the insurance company.

When Would I Receive Compensation if I Accept an Accident at Work Offer?

If your employer’s liability insurance provider admits liability and agree that your accident at work claim against an employer can be processed, you may receive the settlement within a few days. However, it generally takes anything from 2 to 4 weeks for the accident at work compensation to be processed.

Would it Take Longer to Receive Compensation if My Employer Denies Liability?

If your employer denies liability for the injuries you sustained at work, it may be necessary for your personal injury claim to go to court and be heard by a judge. Should this be the case, it can take that much longer to reach a final settlement.

What Would Happen If I Want to Settle My Accident at Work Claim Quickly?

Even when you choose to have an accident at work solicitor represent you when filing for compensation from an employer, you still have the choice to settle when you want to. However, you may find that an experienced solicitor would recommend that you do not accept an “early offer” from an insurance provider because they believe they could negotiate a much higher amount for you. But the final decision would be up to you as to whether you instruct your solicitor to accept a first offer or not.

What Type of Damages and Losses Could I Include in an Accident at Work Claim?

You can include specific damages and losses in an accident at work claim and as with all personal injury claims, these are awarded to cover two elements which are as follows:

• General damages
• Special damages

The amount you may be awarded should your claim be successful would depend on many things which includes the following:

• The extent of your injuries, how long you take to recover and whether you would be able to fully recover so you can work again
• Whether you require ongoing treatment and medical care

General damages

These are awarded as a way to compensate you for pain, suffering and loss of amenity having been injured in an accident at work through no fault of your own or because you were partly responsible for the injuries you sustained. It can be harder to calculate how much you may be awarded in general damages because the amount is based on the extent and seriousness of your injuries bearing in mind that every accident at work claim is treated as being unique.

Special damages

These are awarded as a way to compensate you for all the money you had to pay out due to having been injured in an accident at work. The amount you are awarded is easier to calculate because special damages factor in “actual” expenses and costs incurred which is why receipts must be kept and provided as proof of your expenditure. The following can be included in your claim:

• The expenses you incurred travelling to and from treatments whether they take place in a hospital or other medical facility. You can claim travel expenses you go by taxi, bus, train, car or by other means
• Medical expenses which includes the cost of your prescriptions and other things related to the treatment and medical care you receive
• Care costs should your injuries require that you have help in the home or because you have to go into a care home
• Loss of income for the time you had off work to recover from your injuries
• Loss of future income should you be unable to work again
• The cost of adapting your home should this be necessary
• The extra you had to pay for heating your home and the electricity used because you were at home recovering from the workplace injuries you sustained

As previously mentioned, it is much easier to estimate and calculate the amount of special damages you may be awarded in a successful claim, but you must produce relevant receipts which would be needed as proof of your expenditure.

Is There a Time Limit For Accident at Work Claims to be Filed?

The statutory 3 time limit for filing an accident at work claim must be respected for a case to be valid. With this said, the sooner you contact a personal injury lawyer, the better because gathering all the information and necessary evidence to prove a claim, can take a lot of time and effort. The 3 year time limit, however, starts at different times depending on certain things which are explained below:

• The 3 year time limit begins from the date you were injured in the workplace
• The 3 year time limit begins from the date you were diagnosed as suffering from a health issue that can be linked to the injury you sustained at work
• The 3 year time limit begins from the date of your 18^th birthday if the workplace accident occurred prior to you being 18 years of age

Can My Employer Fire Me For Filing a Claim Against Them?

You cannot be fired for filing a personal injury claim against an employer. Your employer must have another “good and valid” reason for sacking you other than the fact you seek compensation for workplace injuries you sustained. An employer would be acting unlawfully if they treat you badly or attempt to sack you and as such, you should seek legal advice because the chances are that an experienced employment solicitor would recommend you take further legal action out against your employer.

Is It Worth Suing an Employer for a Workplace Injury?

If you sustain a workplace injury, you may be off work during your recovery. This means not being able to bring in a wage which could put you under financial pressure at a time when you need all your strength to get you back on your feet. Your injuries may be such that you are unable to work for a considerable time or maybe you would not be able to work again.

Seeking compensation for workplace injuries can help you through a difficult time and providing your case against an employer is deemed valid, you have the right to file a personal injury claim and receive compensation for your pain, suffering and loss of amenity.

Employers are legally obliged to take out liability insurance to cover such eventualities whether it is an employee or other person who is injured in the workplace through no fault of their own. The insurance must meet the legal requirement of £5 million and the policy must be issued by a recognised insurance provider. Should an employer fail to have the necessary liability insurance in place, they would be liable for hefty fines issued by enforcing authorities.

As such, when you file an accident at work claim against an employer to seek compensation for injuries you sustained, it would be the insurance company who deals with all aspects of your case which includes paying out the personal injury compensation you may be awarded whether through the courts or in an out of court settlement.

What are My Workers Rights If I Am Injured in an Accident at Work?

You have the right to do the following should you have been involved in a workplace accident and been injured:

• To seek a level of compensation to suit the workplace injuries you sustained
• To file an accident at work claim against your employer without the fear of being sacked from your job for doing so

Worker’s rights are protected and should an employer attempt to stop you from seeking compensation or they threaten you in any way, they would be acting unlawfully. As such, you may be entitled to take further legal action out against them which an employment solicitor may advise you do to before doing anything else.

What Advantages Are There to Working With a No Win No Fee Lawyer?

There are many benefits to working with an accident at work lawyer on a No Win No Fee basis, but the major one is that an experienced solicitor would arrange for you to be examined by an independent medical professional who would produce a report detailing the extent of the injuries you sustained in a workplace accident. With this said, a solicitor would first need to establish that you have a valid case and that your employer could be held responsible for the injuries you sustained. This would be achieved in an initial consultation that is typically free of charge.

Other benefits and advantages of having an accident at work solicitor represent you when you seek compensation from an employer includes the following:

• Lawyers have the right to access legal libraries. These can be referenced when representing you on an accident at work claim
• A solicitor knows that pre-action protocols must be respected
• A solicitor would let you know as soon as possible the amount of compensation you may be awarded in a successful accident at work claim against a negligent employer
• The 3 year statutory time limit would be respected reducing the risk of running out of time to claim compensation for injuries you sustained in a workplace accident
• A solicitor would ensure that you receive the right level of compensation and would negotiate interim payments if your case is complex and therefore may take longer to reach a final settlement

One of the advantages to having an accident at work solicitor represent you is that they would ensure that you receive ongoing specialist care should your injuries be severe and therefore require long-term treatment. The main benefit, however, is that an experienced lawyer would make sure that the legal process of filing an accident at work claim against an employer runs smoothly from the outset which in the end would help speed up the process considerably.

Informative Links

If you would like more information on how to file for compensation from an employer, the following link provides essential reading:

More about filing for personal injury compensation against an employer

If you would like to know more about your employer’s responsibilities towards you in the workplace, please follow the link below:

More about an employer’s responsibilities in the workplace