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The Positives and Negatives for Claiming Compensation for an Accident at Work?

The Positives to Claiming Compensation for an Accident at Work

There are many positives to claiming compensation for an accident at work that leaves you with injuries, whether the injury you suffered was slight or a lot more severe, some of which are listed below.

Financial worries would no longer be an issue:

Suffering any sort of injury in the workplace could mean not being able to work whether for a short period of time or much longer. Not being able to bring in a wage can put you under a lot of pressure financially and paying monthly bills like a mortgage, rent and other necessary living expenses could become a real problem. Seeking compensation for injuries in the workplace, would help solve any financial worries you may have to deal with allowing you to concentrate on recovering from you injuries

Paying for specialist treatment would no longer be a worry:

The accident at work you were involved in could have left you with severe injuries that require specialist treatment and therapy whether the injuries you sustained were physical or psychological. Claiming for an accident at work and being represented by a solicitor on a No Win No Fee basis, could mean having access to specialists and consultants which you would not have to worry about paying for. This type of specialist treatment could be crucial to your recovery and could even speed up the process considerably

Travel expenses to receive treatment for your injuries would no longer be a concern:

Travelling to and from a hospital or other medical facilities to receive the treatment and therapy you require to aid your recovery can be a worry because these costs can quickly add up. Seeking compensation following an accident at work, takes all the worry of how to pay for your travel expenses off the table whether you have to travel by car, train, bus, taxi or by other means. The reason being that you would be compensated for all your travel expenses which would be factored into the “special damages” you are awarded on a successful accident at work claim

You would be awarded general and special damages when claiming compensation for an accident at work:

You would receive both general damages and special damages in a successful accident at work claim. General damages are harder to calculate because they are based on the extent of your injuries and how your ability to work as well as how your overall health and well-being are impacted by the damage you sustained in an accident at work. Special damages, on the other hand, are easier to calculate as they are based on “actual” costs and expenses that you incur as a direct result of having been involved in a workplace accident that left you injured which as previously mentioned would be factored into the compensation you receive

Receiving interim payments prior to a final settlement could make your life much easier:

Should your workplace injuries be such that you require long-term, ongoing treatment and therapy or because your accident at work claim is so complex that it could take several years to reach a settlement, having a solicitor represent you and handle your claim could ensure that you receive interim payments before a final settlement is agreed by the parties concerned. This can make your life a lot easier taking all the worries of how to pay bills, your rent, mortgage and other living expenses off the table allowing you to place your focus on recovering from the injuries you sustained in an accident at work

Your worker’s rights are highly protected if you are involved in an accident at work:

Worker’s rights are protected in the UK which also covers you should you be injured in a workplace accident that occurred through no fault of your own. An employer cannot prevent you from seeking compensation for the pain and suffering as well as any out of pocket expenses you have to cover as a direct result of being injured in the workplace. If your employer objects to you making an accident at work claim, they would be breaking the law and they could face further legal action being taken out against them. As such, you should always seek further legal advice from a solicitor who is an expert in employment law before you do anything else

Your employer cannot sack you for claiming compensation for an accident at work:

Your employer cannot legally fire you because you seek compensation for injuries you sustained in the workplace. If they do threaten you with the sack or redundancy, you could take out further legal action against them. An employer must have another “valid” reason for showing you the door following an accident at work that left you with injuries whether minor or more severe

Your employer has a legal duty to keep you safe from injury and harm in the workplace:

All UK employers have to abide by the laws and regulations that the government has set in place to keep workers safe from harm and injury. This means, that your employer must adhere to all the Health and Safety Executive regulations and other legislation. If your employer fails to do so because they have ignored the law, you have the right to seek compensation should you be injured in an accident at work as a consequence of their negligence. As such, you should seek legal advice on how best to proceed

Your employer is legally obliged to have liability insurance in place:

Employers in the UK must by law, have valid liability insurance in place which provides the legal minimum required cover o £5 million. The policy should be clearly displayed in the workplace for everyone to see. When you file an accident at work claim, it is your employer’s approved insurance provider who handles your case and it is the insurance provider who would pay the amount of compensation you are awarded. It is noteworthy that should an employer fails to have liability insurance or the policy is provided by an insurance company that is not “recognised”, the enforcing authority has the power to levy hefty fines on your employer which could be as much as £2,500 a day

A solicitor with experience in handling accident at work claims, would ensure you are awarded the correct level of compensation:

A firm of solicitors that has vast experience in representing employees when making an accident at work claim against an employer, would work hard to ensure that you are awarded the level of compensation the injuries you suffered merit, bearing in mind that the negotiations would be done between your employer’s insurance providers and the solicitor because the majority of personal injury claims (95%) are settled before they are heard by a judge. This is referred to as being “settled out of court” or a “Part 36 offer” which is proposed through your employer’s insurance providers directly with the firm of solicitors that handles your accident at work claim

95% of personal injury claims, which includes those that are work-related are settled out of court:

As previously mentioned, should a solicitor believe that you have a strong claim against an employer, it typically means that your case would not be disputed. In short, your employer’s insurance provider would choose to settle your claim before it goes before a judge by proposing a Part 36 offer which can speed up the process considerably

Working with a solicitor on a No Win No Fee basis provides many benefits and advantages:

Working with a solicitor having signed a No Win No Fee agreement with them offers you many advantages and benefits with the primary one being that you would not have to find the funds to pay for legal representation when you need it the most and you only pay the agreed “success fee” when your claim is upheld. Another advantage is that your claim would be assessed free of charge during an initial consultation whether the discussion takes place over the phone or in a face-to-face meeting, depending on the complexity of your case

The Negatives of Claiming Compensation For an Accident at Work

A solicitor would need to thoroughly assess your claim before agreeing to represent you on a No Win No Fee basis. If it is found that you do not qualify for a solicitor to provide you with a No Win No Fee service, they would typically provide you with a reason why this is so. It could be that you cannot provide sufficient evidence to “prove” your claim, or it could be that the statutory time limit associated with a personal injury claim has run out or is too close to running out. In short, the time left would not be enough for a solicitor to gather all the evidence required to prove your claim and to ensure that no key points of an accident work claim are omitted

Gathering all the evidence needed can be complicated and time consuming:

For an accident at work claim to be upheld, you would need to provide extensive proof that the injuries you suffered were because of employer negligence or due to the error/mistake of a work colleague. With this said, even if you are partly responsible for the accident happening and the injuries you suffered, you may still be entitled to receive compensation because your employer could be deemed partly responsible. If this is the case, the amount you receive would reflect the amount of liability you are deemed to have had in sustaining your injuries. This is referred to as “contributory liability”. An example being that if a court finds you are 25% responsible for the injuries you sustained, the amount you are awarded would be 25% less than if you suffered your injuries through no fault of your own, but rather due to the negligence of a third party, namely your employer. The evidence needed is as follows:
- A record of the accident as detailed in the accident report book or through any other official means
- The report of your injuries as sent to RIDDOR should the injuries you suffered be “reportable”
- A medical report detailing your injuries provided by a medical professional
- Witness statements together with their contact details
- CCTV footage of the incident should this be available
- Photos of your injuries – preferably prior to any treatment
- Photos of the site of the accident

Complex accident at work claims can take years to settle:

When it comes to extremely complex accident at work claims, it can take several years for a settlement to be reached by the parties concerned. The reason could be that the injuries you sustained were so severe that you require ongoing treatment and therapy. Another reason could be that your injuries are catastrophic and therefore life-changing, in which case you would be awarded interim payments before receiving a final settlement for the injuries you sustained in a workplace accident. The interim payments would be negotiated on your behalf by an experienced accident at work solicitor with an end goal being to make life as easy as possible for you

There is a strict 3 year time limit associated with accident at work claims:

There is a very strict 3 year personal injury claim time limit that must be adhered to. Failure to file a claim before the statutory time limit runs out, could mean you lose out on being awarded any compensation for the injuries you sustained in a workplace accident. This includes if you have valid evidence that the accident could have been awarded should your employer have set in place all reasonable and necessary steps to keep you safe from harm while you are in their employment. Even if there are just a few months left on the statutory time limit, a solicitor may not want to take on your claim on a No Win No Fee basis simply because there would not be enough time to gather all the proof required when filing an accident at work claim against a negligent employer

Appealing a court ruling if your accident at work claim is unsuccessful is a long-drawn out and complicated legal process:

Should you lose your accident at work claim, filing an appeal against a court ruling is a long-drawn out and complicated legal procedure. The steps required before being able to appeal are best left up to an experienced solicitor because if you don’t pass the first test, a judge would not agree to hear your appeal. As such, it is best to discuss whether or not to appeal a claim with an experienced accident at work lawyer who would be in the best position to let you know your chances of success when appealing an accident at work decision

You may not be awarded the level of compensation you had hoped to receive:

If you are disappointed with an outcome of your accident at work claim because you feel you deserved more in the way of compensation than you were awarded, you should discuss your concerns with your solicitor who may suggest that you lodge an appeal against a court ruling

It would be fair to say that the positives outweigh the negatives for claiming compensation for an accident at work. Responsible employers would always ensure that employees are kept safe from harm and injury in the workplace, but accidents do still happen. Seeking compensation for injuries sustained through no fault of your own is a justified method to being taken care of in a responsible way when you suffer an injury in an accident at work that occurred through no fault of your own.

Informative Links

To find out more about unfair and constructive dismissal claims if you feel you have been treated unfairly by your employer because you sought compensation for an injury sustained in the workplace, please click on the link below:

More about unfair and constructive dismissal

If you would like more data on your worker’s rights, the following link provides essential reading on the topic:

More about your rights in the workplace

I Suffered a Head Injury at Work, How Much Compensation Could I Get? – Head Injury At Work Compensation Amounts & Payouts

What are My Employer’s Responsibilities Towards Me in the Workplace?

Employees’ rights are highly protected and there are many laws and legislation that set out an employer’s responsibilities towards you when you are in their employment. Employers must adhere to these regulations which includes those that the Health and Safety Executive have set in place to protect you as an employee while carrying out your daily duties. The law requires that your employer abides by the following rules and regulations:

You are provided with detailed working practices as well as procedures that must be adhered to in the workplace
You are provided with adequate and ongoing training for the jobs you are tasked to do during the course of a normal working day
You are provided with the correct and adequate personal protective equipment which must be properly stored and maintained
The equipment, machinery and tools that you use are properly maintained and serviced according to the manufacturer’s guidelines
To replace equipment, machinery and tools when necessary
To ensure that risk assessments are regularly carried out in the workplace with an end goal being to identify dangers, risks and hazards
To set in place measures to reduce the risk of injury and harm to employees

If you sustain a head injury at work because your employer failed in their duty to keep you safe while you were in their employment and carrying out your normal daily duties, you have the right to seek compensation from them.

Would My Head Injury at Work Claim be Valid?

You would need to provide evidence that you sustained your head injury at work and that the incident occurred in the last 3 years. You would also need to show that your injuries could have been avoided and that the accident was due either to employer negligence or because of an error or misjudgement made on the part of a work colleague.

A solicitor who specialises in accidents at work, would offer an initial consultation to establish whether you have a strong case against an employer and if they find that you do, they would typically offer to work with you on a No Win No Fee basis.

What Can Be Included in a Head Injury Claim Against an Employer?

When calculating an accident at work claim there are two important parts that are taken into consideration. These are “general damages” and “special damages”. It is also important to note that all personal injury claims are different and as such the amount of compensation that may be awarded could differ from case to case. When it comes to general damages, the following is factored into the amount you may be awarded:

The extent of your head injury and how your working life has been impacted
The time you have off work to recover from your injuries
Whether your injuries are such that you would not be able to work again
Whether your injuries prevent you from enjoying activities and hobbies you took part in prior to being involved in an accident at work

When it comes to special damages, these are easier to calculate as they are based on the actual expenses that are incurred as a direct result of having suffered a head injury at work. Special damages are calculated by factoring in the following:

Travel expenses to and from a hospital or other medical facility to receive necessary treatment and therapies. This covers whether you get there by car, taxi, train or bus
Medical expenses incurred
Care costs whether this is because you have to go into a home or need daily help and care around the home because your head injuries are so severe, you cannot take care of yourself

It is essential for all receipts of outgoings to be kept as these would be needed to calculate how much you may be awarded in special damages in a successful head injury at work claim.

How Much Compensation Could I Receive for a Head Injury at Work?

The amount of compensation you may receive in a successful head injury at work claim is based on several factors. This includes general and special damages. With this said, the Judicial College produces guidelines for the amount of head injury compensation you may be awarded which can be anything from £13,000 to £354,260 depending the severity of the head injury you sustained.

As a rough guideline, the amount you may receive for a head injury at work is as follows:

Extremely severe brain damage which is life-changing resulting in full-time care, you could be awarded anything from £247,280 – £354,260
Moderately serious brain damage that leaves you disabled and therefore dependant on other people which means you need constant looking after and ongoing medical treatments whether your injuries are physical or they are cognitive, the compensation you may receive is anything between £192,090 and £247,280
Moderate damage to the brain but with less serious consequences as detailed above but where there is a risk of personality change, vision and speech issues and the risk of suffering from epilepsy, you may be awarded anything from £131,620 and £192,090
Moderate damage to the brain where intellect is impacted to a moderate degree and the chance of returning to work is minimal as well as a higher risk of epilepsy, you may receive anything from £79,530 and £131,620
Moderate damage to the brain which negatively impacts your ability to concentrate and your memory and which reduces the chance of you returning to work but where you are less dependent on other people, the amount of compensation you may be awarded could be anything from £37,760 and £79,530
Less severe damage to the brain where recovery is positive but where mood swings and concentration as well as memory issues may be a problem, the amount of compensation that you could receive would be anything from £13,430 and £37,760
Minor damage to the brain or head injury, the amount of compensation that may be awarded is anything from £1,940 and £11,200

The amount of compensation you may be awarded for a serious head injury sustained at work, would go a long way in funding necessary changes to a living environment and covering the cost of medical treatments and therapies that would be required on an ongoing basis.

Should I Sue My Employer If I Sustain a Head Injury at Work?

If you sustained a head injury at work, even if the injury is deemed minor, the consequences can lead to long-term problems which includes your ability to concentrate. Every employee who is involved in a workplace accident that leaves them injured, has the right to seek compensation for the suffering, pain and expenses they had to deal with through no fault of their own.

As such, if you were injured in an accident at work and you believe the incident that left you with a head injury could have been avoided, you should seek legal advice from a solicitor who would assess the circumstances surrounding your claim before offering valuable advice on how best to proceed.

It is also worth remembering that your employer must have liability insurance and that the policy must be underwritten by a recognised insurance provider. The policy must also meet the £5 million legal requirement when it comes to the level of cover it provides.

What are My Workers Rights Following an Accident at Work?

As previously mentioned, your worker’s rights are highly protected in the UK and there are many laws to ensure this is so. Should you have suffered any sort of head injury at work, you have every right to seek compensation providing you can meet specific criteria which includes that the incident happened in the last 3 years through no fault of your own. Following a work-related accident that leaves you with a head injury, your rights are listed below:

That your job is safe if you file an accident at work claim
That you can seek compensation for the head injuries you sustained

If an employer tries to stop you from claiming compensation or you are threatened with the sack or redundancy because you do, the best thing to do is contact a lawyer who specialises in accident at work claims and employment law.

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

When it comes to filing an accident at work claim, seeking the advice and representation of a solicitor offers many advantages and benefits. Work-related personal injury cases can be complex more especially if an employer disputes a claim.

It is also worth noting that head injury at work claims can be complex with many injured workers needing ongoing treatment when the damage sustained is severe. As such, a lawyer with vast experience in handling this type of claim would make life a lot easier both for the person who has suffered a head injury and their families and close friends.

The benefits of having an accident at work lawyer represent you in a head injury at work claim are listed below:

Lawyers have access to legal libraries which they can base details of your case on
A solicitor would offer you an initial, free, no obligation consultation which allows them to assess the strength of your claim
Once a solicitor is satisfied you have a strong case against your employer, they would enter into a No Win No Fee agreement with you
You would not have to pay an upfront fee or any ongoing fees either
A solicitor would handle your claim from start to finish and would negotiate a fair level of compensation for you, with 95% of all personal injury claims being settled before they even get to court
A solicitor would arrange for you to be examined by a specialist/consultant whose medical report would be used to negotiate the amount of compensation you may be awarded
The “success fee” is deducted from the amount you are awarded

Accident at work claims can be complex more especially if the head injuries you sustained were severe and as such you require ongoing treatment and therapy. A solicitor would ensure that you receive interim payments to ensure that you and your loved ones are not put under any sort of unnecessary financial pressure.

What is the Time Limit to Filing a Head Injury at Work Claim Against an Employer?

The statutory time limit for all work-related and other personal injury claims must be adhered to for a claim to be valid. Waiting for too long could mean you lose out on receiving the compensation you may be entitled to receive. Accident at work time limits are detailed below:

3 years from the day you sustained a head injury at work
3 years from the day you were diagnosed as suffering from a medical condition that can be directly linked to you having sustained a head injury in the workplace
3 years from your 18^th birthday should you have suffered a head injury at work prior to you being 18 years of age

To avoid running foul of the statutory accident at work 3 year time limit, you should seek legal advice sooner rather than later because gathering all the evidence needed to prove your case can take a long time. This includes specialist medical reports on your injuries as well as proof that your employer was negligent in their duty to keep you safe in the workplace.

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

You do not have to worry about losing your job should you sustain a head injury at work and seek compensation from an employer. Should an employer threaten to sack you or to make you redundant, you should contact a solicitor before taking any further action which includes resigning from your job.

The reason being that it is against the law for an employer to treat you detrimentally or to threaten you with the sack or redundancy if you seek compensation for an injury you suffered in the workplace. As such, you may be entitled to take out further legal action against your employer.

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

A No Win No Fee solicitor would need to satisfy themselves that you have a strong case against a negligent employer before signing a Conditional Fee Agreement (CFA) with you. This is easily done in an initial consultation that solicitors offer free of charge so you do not have to worry about finding the funds to pay for the first meeting or telephone conversation with the lawyer you contact.

Once a lawyer has determined that your head injury at work claim would stand a very good chance of being upheld in a court, bearing in mind that most personal injury claims are settled prior to be heard by a judge, they would request that you sign the No Win No Fee agreement (CFA) which is a legal contract that lays out the Terms and Conditions of the agreement and the percentage you would have to pay on a successful claim. Should you lose your head injury claim against your employer, the “success fee” would not have to be paid. If you win your case, the percentage you agreed to pay for the legal representation you received, is taken out of the compensation you receive on a successful head injury claim.

Informative Links

To find out more about head injuries and what should be done following a workplace accident that involves a worker suffering a traumatic injury to the head, please follow the link below:

NHS advice on severe head injuries

For more information on the statutory time limit for filing an accident at work claim against a negligent employer, please click on the link below:

More about the statutory time limit associated with personal injury claims