You may be wondering who pays when you get hurt at work and the answer is that successful accident at work claims are typically settled by an employer’s liability insurance. All employers in the UK are legally required to have valid liability insurance in place which along with other things, covers legal claims for injuries sustained by employees in the workplace.

However, there are specific criteria that must be met for an accident at work claim to be upheld by a court and to reduce the chance of an employer and their insurers disputing a claim against them. To find out more about who pays when you get hurt at work and the criteria that must be met for an accident at work claim to be successful, please read on.

Your Right to File an Accident at Work Claim Against an Employer

You have every right to file an accident at work claim against your employer providing you have enough evidence that the incident could have been avoided had your employer not been in breach of their duty to keep you safe from harm and injury in the workplace. All employers in the UK have a legal duty when it comes to ensuring that a work environment is safe by following Health and Safety Executive regulations.

Should your employer fail to keep you safe from injury or ignore measures to reduce the risk of you developing a work-related health issue, they could be held responsible and their insurers would have to pay a level of compensation to suit the injuries you sustained or the medical condition you developed when carrying out your daily duties at work.

It is also note-worthy that should a work colleague have caused the accident that left you injured whether your injuries are only minor or a lot more severe, a court may find that your employer could be deemed liable. The reason being that employers are held accountable for the actions of all their employees and this includes when they cause an accident at work that leaves another work colleague injured.

Your Right to be Correctly Compensated for Injuries Sustained in an Accident at Work

When you are involved in an accident at work, you could suffer physical injuries as well as psychological damage. On top of this, you may have to cope with financial problems due to not being able to work and because you have medical and other expenses to pay out. This can put you under a lot of stress when you should be concentrating on your recovery. Your injuries may be such that you require ongoing treatment and it could even mean that your life is changed forever.

As such, you have every right to seek the level of compensation not only to suit the injuries you sustained, but also to cover the expenses you incurred because you suffered an accident at work through the negligence of a third party and through no fault of your own. It is not an employer who pays the compensation you may be awarded when an accident at work claim is successful, it is their insurers who settle the amount you receive, keeping in mind that most cases by far are settled before they even go before a judge in court.

Your Right to Not be Treated Detrimentally for Filing an Accident at Work Claim

As an employee, you have certain rights which includes not being treated unfairly or detrimentally should you choose to file an accident at work claim against your employer. Other work colleagues should not treat you unfairly either. If you find that you are being treated detrimentally, you should seek legal advice from a lawyer who specialises in employment law because you may be able to file a claim against your employer because your rights have been breached.

Your Right to Receive Sick Pay Following an Accident at Work

Should the injuries you sustained in an accident at work, prevent you from working, you could also be entitled to receive sick pay (SSP) providing you are categorised as an “employee”. Should you be off work for 4 or more days in a row and your salary is at least £113 a week (before tax), you would be entitled to receive Statutory Sick Pay.

You may find that your employer offers more in the way of sick pay which would be detailed in your contract of employment. Should this be the case, you would be entitled to receive this amount even if you are not able to work because you were injured in an accident at work.

What Can I Include in an Accident at Work Claim?

Bearing in mind that it is your employer’s insurers who will pay any compensation you may be awarded in a successful accident at work claim, it is worth noting that the method of calculating the compensation awarded on all personal injury claims including those that are work-related, are broken down into two categories which are “general damages” and “special damages”.

General Damages

These are awarded in order to compensate you for the injuries you sustained when you get hurt at work. They cover not only your physical injuries but the psychological damage you had to cope with too. You can include the salary, bonuses and other perks you lost out on during the time you were off work. General damages can also include all future loss of earnings if your injuries are that severe that you would not be able to carry out your job again.

Special Damages

Special damages are a lot easier to calculate as they are based on “actual” expenses and other out of pocket expenses you may have incurred as a direct result of getting hurt at work. The amount you would be awarded in special damages would include all the travel expenses you paid out, the medical expenses you incurred and any other costs you would not have had to deal with had you not been in an accident at work.

Should I Sue My Employer When I Get Hurt at Work?

Employees who get hurt at work have every right to seek compensation for the pain, suffering and all out of pocket expenses they incur providing specific criteria can be met which are detailed below:

• That the accident that resulted in you getting hurt at work occurred in the last 3 years
• That you were not responsible for the accident that left you injured
• That you have evidence that your employer was negligent in their duty to keep you safe from harm and injury in the workplace
• That a work colleague caused the accident through an error they made

Getting hurt at work can put you under tremendous pressure both financially and psychologically. You could find it hard to cope with everyday living expenses and you could have trouble paying regular monthly bills which could include your mortgage. As such, seeking compensation for not only the injuries you sustained, but also for all your financial losses, can take the burden of having to worry about finances off the table.

It is also important to bear in mind that your employer is legally required to have valid employer liability insurance in place which would cover the compensation you may be awarded in a successful accident at work claim. It is also worth noting that your employer’s insurers would have to reimburse all NHS treatments and medical care you received should your case be upheld. In short, it is not your employer who pays the amount of compensation you are awarded when you file an accident at work claim against them, but rather the insurance company that holds your employer’s liability insurance policy.

What are My Workers Rights When I Get Hurt at Work?

All employees have certain rights when they get hurt at work some of which are listed below:

• The right to file for compensation following an accident at work that results in injury
• That a job is safe even when an employee seeks compensation for injuries sustained in the workplace

What are the Benefits of Working With a Solicitor on An Accident at Work Claim?

Making an accident at work claim on your own is not as easy as it may first appear. The reason being there are many legal pitfalls which may hinder your case if not dealt with properly. Should your employer dispute your claim, it can make an already complicated process even more complex. As such, there are lots of legal benefits when it comes to working with an accident at work lawyer. These are detailed below:

• You can discuss the circumstances surrounding the accident at work that left you injured with a specialist solicitor during an initial, no obligation consultation which it typically free of charge
• Once your sign a Conditional Fee Agreement (CFA), a solicitor can start working on your accident at work claim without having to request an upfront fee or retainer
• The “success fee” you would pay for the legal representation a No Win No Fee solicitor provides would be deducted from the amount you receive on a successful accident at work claim
• A solicitor who specialises in work-related accident claims, has access to all the necessary legal libraries
• They would negotiate a “settlement” with your employer’s insurers that correctly reflects the injuries and expenses you incurred

Is There a Time Limit To Claiming Compensation After Getting Hurt at Work?

There is a statutory time limit to filing an accident at work claim which you must abide by. Even waiting a few months to file a claim can put you at risk of losing out on the compensation you would be entitled to receive from a negligent employer. You may also find that if there is only a few months left on the 3 year statutory accident at work time limit, a lawyer may not be as keen to work on your case on a No Win No Fee basis.

The reason being that should your claim be complex, it can take much longer than a few months to resolve. As such, the sooner you seek legal advice from a lawyer who specialises in accident at work claims, the sooner you can get a claim started and receive the compensation you are entitled to. The time limits associated with work-related claims are listed below:

• 3 years from the date you were involved in accident at work that left you injured whether your injuries are minor or more serious
• 3 years from the date you were diagnosed as suffering from a work-related health issue
• 3 years from your 18^th birthday, should the accident at work that left you with injuries happened before you were 18 years old

Can My Employer Fire Me For Filing For Compensation?

You have every right to seek compensation for any injuries or health issue you developed in the workplace and you could also file an “unfair dismissal” claim against an employer should they choose to fire you because you do. Unless your employer has another “good and valid” reason for sacking you other than the fact you are seeking compensation from them, you should not have any fear of losing your job should you choose to file an accident at work claim.

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

Most solicitors once they have determined you have a strong case to file an accident at work claim against a negligent employer, work on your case without requesting an upfront fee having agreed to enter into a Conditional Fee Agreement with you. This legal contract forms the basis of working with the solicitor on a No Win No Fee basis.

The CFA not only details the Terms and Conditions of the agreement, but also the percentage known as a “success fee” that would be payable to the solicitor on a successful accident at work claim. Because you entered into the agreement with a No Win No Fee solicitor, the percentage payable known as a success fee, would not be applied on an unsuccessful accident at work claim.

If you are a temporary worker and suffer an accident while in the employment of a company, business or employer, you may wonder if you can file for compensation for the injuries you sustained. The answer is that providing the incident occurred through no fault of your own and you were injured in the last 3 years, you may be entitled to file an temporary worker accident at work claim as long as you can meet certain criteria. To find out more, please read on.

What are My Rights as a Temporary Worker?

Just like permanent employees, contracted staff or agency workers, as a temp, your rights are the same when it comes to health and safety in the workplace. The same can be said of an employer’s responsibilities towards you which includes making sure a working environment is safe and that you receive the correct amount of training for the job you are tasked to do on a temporary basis. An employer must also provide the right tools whilst you are in their employment.

As a Temporary Worker, Your Employer’s Responsibilities in More Detail

As previously mentioned, all employer’s throughout the UK have a legal responsibility to keep all the people who work for them safe from injury and harm at work and this covers temporary staff too. Other legal responsibilities towards you as a temporary worker include the following:

• That you are given the correct amount of training
• That you are aware of a company’s procedures following an accident in the workplace
• That the correct equipment and tools are provided
• That adequate personal protection equipment is made available when necessary
• That adequate supervision is provided to employees

Should an employer fail to keep you safe and they are in breach of any of the above which are legal requirements, as a temporary worker, you would have every right to file an accident at work claim against an employer with the proviso being that it can be proved they were negligent.

The Procedure to Follow as a Temporary Worker Injured in the Workplace

Should you have the misfortune to be involved in a workplace accident that leaves you injured, whether your injuries happen to minor or a lot more severe, you should follow the company’s accident reporting procedure which is the same for temporary workers as it is for permanent staff. With this said, you should also report the incident to the employment agency that sent you to work for an employer on a temporary basis. The typical accident reporting procedure following a workplace incident that leaves you injured is detailed below:

• Seek medical attention as soon as possible
• Report the accident and your injuries to the person in charge – if your injuries prevent you from doing so, make sure a work colleague or someone else does this on your behalf
• Make sure a record of the incident is placed in the accident report book – if there is no book, write down all the details of the accident and your injuries and send this to the person you are working for, keeping a copy for your own records
• If necessary, make sure the accident is reported to the relevant authorities
• Get witness statements and their contact details which would be needed when you file a claim for compensation
• Take photos of where the workplace accident occurred and if possible, CCTV footage of the incident
• Take photos of your injuries before you receive any sort of treatment
• Get an official medical report detailing the extent of your injuries

All of the above would be needed as evidence of a workplace accident that left you injured and would be used to calculate the amount of compensation you may be awarded in a successful temporary worker accident at work claim.

As a Temporary Worker, What Can I Include in an Accident at Work Claim?

As a temporary worker who has suffered an injury at work in the last 3 years through no fault of your own, there are certain things that can be included in your claim which are listed below:

• General damages
• Special damages

What Do General Damages in a Successful Temporary Worker Claim Cover?

General damages cover pain, suffering and loss of amenity. The amount of compensation you may be awarded in a successful temporary worker claim, would be calculated on the extent of your injuries and how much pain and anguish, both mental and physical you had to endure.

What Do Special Damages Awarded in a Successful Temporary Worker Claim Cover?

Special damages are easier to calculate as the amounts you may be awarded in a successful temporary worker claim, would be based on the amount of money you had to spend out as a direct result of having suffered an injury as a temporary worker. The compensation you are awarded would be based on your out-of-pocket expenses which includes medical costs, travel expenses and all other expenditures you incurred as a direct result of your injuries.

Can a Solicitor Help Speed Up The Process of Filing a Temporary Worker Accident Claim?

A solicitor who specialises in work-related injury claims, would be able to speed up what is often a long, complex legal process. All too often, an employer’s insurers may take their time when it comes to responding to correspondence they receive from plaintiffs which can slow down a claim. Accident at work solicitors boast having the necessary experience when it comes to communicating with insurers and this alone can help speed up the process considerably. Solicitors also have access to legal libraries which they can use as a basis for accident at work claims they are working on.

A solicitor would also be able to determine how much compensation that, as a temporary worker, you may be entitled to, bearing in mind that a very high percentage of accident at work claims are settled before being heard by a judge. The reason being that an employer’s insurer will more than likely choose to offer an out of court settlement which is best negotiated by an experienced accident at work solicitor who would make it their goal to ensure you receive a level of compensation you rightly deserve and no less.

Is There a Time Limit To Filing a Temporary Worker Accident Claim?

As with all accident at work claims, you must adhere to a strict 3 year time limit if you are considering filing a temporary worker accident claim against an employer. The time limit starts from the date you suffered an injury at work, or the time a health issue was diagnosed by a medical professional. However, if you were under the age of 18 when the accident occurred, the time limit of 3 years only starts from the date of your 18^th birthday.

As a Temporary Worker, Should I File an Accident at Work Claim Against an Employer?

If your injuries are such that you are unable to work for a short time, you could still be put under a lot of financial stress. If your injuries are more severe, you may not be able to work for much longer and if the injuries you sustained were catastrophic, it could mean that you are unable to work again. However, slight or more severe your injuries happen to be, you have every right as a temporary worker, to be compensated for the out-of-pocket expenses you had to cope with together with any pain and suffering as well as the loss of amenity you had to endure through no fault of your own.

The amount you may be awarded by a judge or an employer’s insurers, would go a long way in relieving any financial stress you may have to deal with through the negligence of a third party. It is also noteworthy that employers in the UK are legally obliged to have valid liability insurance in place and as such, the compensation you receive in a successful temporary worker accident claim, would be paid by an employer’s insurers and would not come out of an employer’s profits.

Would an Accident at Work Solicitor Agree to Take on My Claim on a No Win No Fee Basis?

Most solicitors would offer to work on your temporary worker accident claim on a No Win No Fee basis, providing you can meet all the criteria needed to prove your case. A solicitor would offer an initial consultation which is typically free of charge and you are under no obligation to proceed should you choose not to. The consultation provides an accident at work solicitor the opportunity to determine whether you have a strong claim against a negligent employer and once this has been established, the chances are that the solicitor would then offer to work on your case on a No Win No Fee basis.

This would means signing a legal contract which sets out the percentage you agree to pay for the legal representation you receive which is known as a “success fee”. The fee would only be payable on a successful temporary worker accident claim because having entered into a Conditional Fee Agreement with you, the solicitor would have accepted the risk that should your claim not be successful, you would have nothing to pay for the legal services they provided.

Not having to find the money to pay an upfront fee for a solicitor to represent you in an accident at work claim, allows you to concentrate on your recovery. It also means that you are given essential legal advice right from the outset which in turn can speed up the process considerably. In short, working with a No Win No Fee solicitor offers many advantages and goes a long way in ensuring that not only do you receive the level of compensation your rightly deserve, but it can mean you receive the amount you are due sooner rather than later.