News

What is the Procedure if I Have an Accident at Work?

Being injured in an accident at work can leave you unable to work, whether for a short or long period of time which can put you under financial pressure when you are feeling unwell. If you were injured at work in the last 3 years, there is an accident at work procedure to follow which would strength your claim should you decide to file for compensation against a negligent employer. This guide provides essential reading on what you should do following an accident at work, to find out more please read on.

Reporting Your Accident at Work to the Manager, Supervisor or Employer

Following an accident at work that leaves you injured, the most important initial action you should take, is to seek medical attention for your injuries to be treated. However, the incident must be reported to the person in charge whether it is a manager, supervisor or your employer. Failure in reporting an accident at work that leaves you with an injury no matter how slight, could make it very hard and jeopardise your right to seek compensation for any pain, suffering and out of pocket expenses you incurred.

Employers, managers or supervisors have a duty to keep you safe from injury in the workplace. The act of reporting an accident at work serves several purposes which are detailed below:

  • An employer, manager or supervisor would be aware of all resources available that would ensure you receive the help you need as soon as possible
  • An official record of the accident at work is proof that the incident that left you injured occurred in the workplace

Employee Injury At Work Advice

Ensure You Make a Record Of Your Accident At Work

If you are unable to report an accident at work yourself because of the severity of your injuries, you should ensure that someone does this on you behalf whether it is a work colleague or family member. You should be allowed to read the report in the Accident Report Book to ensure that the details of your accident at work and the injuries you sustained are correct.

All businesses in the UK are legally required to have and maintain an Accident Report Book that is easily accessible to all persons in the workplace. With this said, if there is no Accident Report Book, you should write a report of the accident detailing your injuries and give a copy to your employer, supervisor or manager, remembering to keep a copy of the report for your own records.

The more proof you can provide when filing an accident at work claim, the better because it not only strengthens your case but could also assist a judge when calculating the amount of compensation you are awarded in a successful accident at work claim.

Make Sure You Take Photographs Of Where Your Accident at Work Occurred

As previously mentioned, the more evidence and proof you can provide of the accident at work that left you injured, the stronger your claim would be. As such, you should take photos of where the incident occurred. If possible, you should request any CCTV footage of the accident which could provide evidence of why the accident occurred. You should also take photos of your injuries as soon as possible which would show the extent of your injuries.

Make Sure The Details of Your Injuries Are Well Documented

Having a detailed medical report of the extent of your injuries following a work-related accident strengthens an accident at work claim. You should ensure there is a record of your injuries on admission to hospital or other medical facility. This evidence goes a long way in proving the damage you sustained and would be used to calculate the accident at work compensation you may be awarded in a successful claim.

Seeking Advice From A Solicitor Who Specialises in Accident at Work Claims

Work-related injury claims are often hotly contested either by an employer or their insurers. Personal injury claims can be complex, long-drawn out legal processes which can run into thousands of pounds. As such, if you feel that your accident at work injury occurred due to employer negligence, whether because they failed to keep the workplace safe because health and safety regulations were ignored or because you were not given adequate training to do the job you were tasked to do, it is best to seek legal advice from an accident at work lawyer as early as possible.

You should never try to negotiate with your employer directly before seeking legal advice because it could jeopardise your right to file an accident at work claim against them further down the line. A solicitor who specialises in accident at work claims would explain all your worker’s rights following an incident that left you injured while at work. The legal advice you receive could ensure you are awarded a level of compensation you deserve because your employer was negligent in their duty to keep you safe from harm and injury in the workplace.

It is also worth noting that solicitors are able to carry out vital research using legal libraries and they can also contact medical professionals when expert testimony is required to support your accident at work claim.

What is the Time Limit for Reporting an Accident at Work?

There is a 3 year time limit to filing an accident at work claim against an employer you think should be held liable for your injuries. The time limit begins from the date a workplace accident occurred or the time you first became aware of your injuries, health issue or medical disorder which is typically when they are diagnosed by a doctor or other medical professional. Although a 3 year accident at work time limit might seem like long enough, it can take a lot of time and effort when it comes to gathering all the proof and evidence needed to strengthen your case which would also ensure you are awarded the correct amount of accident at work compensation.

If left to long, you may find that you fall foul of the statutory 3 year time limit which in short means you may lose out on being able to file an accident at work claim even if it can be proved your employer failed in their duty to keep you safe from injury in the workplace. As such, seeking legal advice as early as possible is essential.

Is it Worth Me Filing an Accident at Work Claim Against My Employer?

Having suffered an accident at work that leaves you injured, could mean that you are unable to work during the time it takes you to recover. It could mean that you are not able to work again should the injuries you sustain be catastrophic. This could put you in financial difficulty adding to the stress and anxiety you are already having to cope with. As such, filing for compensation against a negligent employer could alleviate all the financial worries you may have to face and cope with.

All employers in the UK who employ more than one person are legally required to take out employer’s liability insurance which must be up-to-date and valid. This insurance specifically covers the fact that employees may suffer an accident at work that leaves them injured which in short means that should your claim be successful and you are awarded compensation, the amount you receive would be paid out by your employer’s insurers.

Could My Employer Fire Me for Filing an Accident at Work Claim Against Them?

Your employer cannot sack you for filing an accident at work claim for compensation against them and if they do, you could be entitled to file an unfair dismissal against them too. Unless your employer has a valid reason for firing you should you decide to claim compensation for injuries you sustained in the workplace, they cannot by law show you the door or treat you unfairly.

 Do I Have Worker’s Rights Following an Accident at Work That Left Me Injured?

Following an accident at work that leaves you with an injury whether minor or more severe, you have certain rights which employer’s must adhere to. These are detailed below:

  • You have the right to receive a level of compensation for the pain, suffering and out-of-pocket expenses you incurred as a direct result of having been involved in an accident at work that left you injured
  • Your job is safe and that you are treated fairly by both work colleagues and your employer

How Do I Start an Accident at Work Claim Against My Employer?

Following an accident at work that left you injured and unable to work whether for a short time or much longer, you would need gather as much proof and evidence of the incident and your injuries as possible before contacting an accident at work lawyer. If your injuries require a specialist medical report, a solicitor who specialises in work-related personal injury claims would be able to arrange an appointment with a specialist for you. This could help speed up the process considerably.

Once you have entered into a Conditional Fee Agreement, the solicitor would also communicate with your employer’s insurers which again should speed up what is typically a long-drawn out legal process at the best of times. The solicitor who represents you would do all the work leaving you to concentrate on recovering from your injuries without worrying about how you are going to pay for the legal representation you receive when you need it the most. The solicitor would follow the accident at work procedure which means that no time is lost from the outset of your claim right through to its conclusion.

Employee Injury At Work Advice

Would a Solicitor Agree to Work With Me on a No Win No Fee Basis?

These days, most solicitors who specialise in accident at work claims, provide an initial, no obligation consultation which is typically free of charge. This allows a solicitor the opportunity of listening to your case before determining whether you have a strong claim against a negligent employer. The solicitor would offer to work with you on a No Win No Fee basis which means you would have to sign a legal contract known as a Conditional Fee Agreement (CFA). This legal contract sets out the percentage you have agreed to pay for the legal representation you receive which is often referred to as a “success fee”. The reason being that you would only have to pay the solicitor if your accident at work claim is successful and you are awarded compensation for the pain, suffering and out of pocket expenses you incurred through employer negligence.

If you claim is not successful, you would not have to pay for the legal representation you received because the solicitor took on the risks when entering into a CFA with you at the outset. It is also worth noting that the amount you pay on a successful accident at work claim, would be deducted from the amount you are awarded whether the case is heard before a judge or your employer’s insurers chose to settle your claim out of court.

How Much Compensation Do I Get For a Work-related Brain Injury?

Suffering a brain injury at work can negatively impact every aspect of your life and could leave you with a permanent disability. As such, it is essential that you have the right legal advice when it comes to seeking the correct level of compensation from a negligent employer. It ensures that your life is made as comfortable as possible should you have had the misfortune of suffering a brain injury at work through no fault of your own in last three years that left you unable to work or live a normal life.

Do You Have a Valid Brain Injury Claim?

If you were in a work-related accident in which you sustained a brain injury and the incident occurred in the last 3 years, providing you can prove employer negligence, you could be entitled to file a brain injury claim against them. The same is true if the accident was caused by a work colleague in which case, your employer may still be held liable for your brain injury. It is worth noting that the time limit of 3 years is longer where children are concerned.

The best course of action when suffering this type of serious injury in the workplace, is to seek legal advice from a solicitor who specialises in brain injury claims and to do so as early as possible.

Employee Injury At Work Advice

Who Can File a Brain Injury Claim?

Any employee who suffers a brain injury in an accident at work would be entitled to file a claim for compensation providing it can be proved the incident occurred through the negligence of a third party, whether an employer or work colleague. With this said, if you are a family member or loved one of someone who has sustained a brain injury at work, you could be entitled to file a claim for compensation on the injured party’s behalf.

How Much Brain Injury Compensation Might I Be Awarded?

The amount of brain injury compensation you may be awarded would depend on the severity and complexity of your condition. Should you or a family member/loved, have sustained a catastrophic brain injury, then care and assistance might be necessary on an ongoing basis for the remainder of your or their lives. If the brain damage is less severe, you may find that you or the person injured in an accident at work might only be incapacitated for a shorter period of time.

General damages that are awarded on a successful brain injury claim could be anything from £2,000 for a minor injury to the head right up to over £320,000 for a more severe injury that leaves you with brain damage. On top of the general damages you may be awarded, a court could award special damages too which would cover all the out-of-pocket expenses you or a loved one incurred as a direct result of their brain injury.

With this said, you may be awarded an initial lump sum which would cover the pain, suffering and loss of amenity you had to endure and that an additional amount of compensation could be awarded to cover any life-changing things that negatively impact your daily life which could include the following:

  • Future medical costs for necessary treatments
  • Care costs should you have to go into care or need to have daily care around your home because you cannot carry out normal daily chores on your own
  • Alterations to your home to accommodate your needs
  • Financial losses because you are unable to work again

Accidents at Work Statistics

According to Health and Safety Executive statistics, 600,000 employees and workers suffer some kind of injury when involved in an accident at work. Should you have sustained a brain injury at work, you could be entitled to file a claim for compensation if you believe the incident occurred due to the negligence of your employer.

Employers in the UK are legally required to keep you safe from harm and injury in the workplace. They must by law abide by all the Health and Safety Executive regulations that are set in place to keep employees safe while at work. With this said, it could be that a manager or work colleague was not totally “at fault” for an accident that left you injured occurring but this does not mean you would not be entitled to file a brain injury claim against your employer.

However, your employer must by law carry out regular risk assessments of the workplace to identify any dangers and hazards that employees may have to contend with on a daily basis. Once identified, employers should set in place measures to minimise the risk of employees being injured by providing the correct personal protective equipment and adequate training for the job you and your work colleagues are tasked to do. Should your employer fail in their duty to keep you safe from injury and harm, they could be deemed negligent should you suffer a brain injury at work through no fault of your own.

What if My Brain Injury was Caused By a Work Colleague?

As previously mentioned, if you were involved in an accident at work that was caused by a work colleague and you sustained a brain injury, your employer could be held liable. This is known as “vicarious liability” and it covers  workplace accidents that are caused by other employees whether through error or bad judgement.

What if I Am Partly Responsible for My Brain Injury?

Even if you were partly responsible for an accident at work that left you with a brain injury, you may still be entitled to file a claim against your employer. A solicitor who specialises in accident at work claims that deal with brain injuries, would establish if there is a case for a “split liability” agreement. If so, you would receive a level of compensation to match the level of liability you have in the accident at work occurring. An example being that if a court deems you were 25% responsible, you would be awarded 25% less in the way of compensation.

Should I File a Brain Injury Claim Against My Employer?

Any sort of brain injury can negatively impact your daily life whether for a short period of time or more long-term. Not being able to work, could put you or your loved ones under tremendous financial pressure and unable to pay a mortgage and other monthly bills. Filing a brain injury claim against a negligent employer, would help you financially taking all the worry of how to pay future living costs. On top of this, once an accident at work solicitor has assessed your case, they would offer to represent you without having to request an upfront fee if you sign a Conditional Fee Agreement with them. This means you would not have to worry about paying a retainer for the solicitor to start working on your brain injury claim. The reason being the solicitor would work with you on a No Win No Fee basis.

What Are My Rights Following an Accident at Work?

As an employee you have an accident at work that leaves you with a brain injury whether minor or a lot more severe, you have certain rights which are detailed below:

  • That you can file a brain injury claim against a negligent employer without the fear of losing your job
  • That you are awarded a level of compensation that suits the severity of your brain injury

Your employer must abide by the law and legislation as set out by the Health and Safety Executive and failure to do so could result in them being deemed negligence should you suffer an accident at work that leaves you with a brain injury.

Employee Injury At Work Advice

What Steps Should I Take Following an Accident at Work that Left me With a Brain Injury?

Should you be involved in an accident at work and you sustain a brain injury, there are specific steps that you must take whether you are planning to file a personal injury claim against a negligent employer or not. It would be fair to say that following the incident, you may not want to think about claiming compensation straight away, but once your injuries are correctly diagnosed, this may change. With this said, the first and most important thing to do is to seek medical attention as a matter of urgency. The steps that must take following an accident in the workplace are detailed below:

  • Ensure the incident is reported to the right person/people
  • Ensure the accident is recorded in the Accident Report Book and if one is not available or your injuries prevent you from doing this, make sure a work colleague or someone else makes a record of the accident, where it occurred and the injuries you sustained
  • If necessary, the incident must be reported to RIDDOR
  • Get witness statements and their contact details
  • Ensure photos are taken of where the accident occurred and of the injuries you sustained

What Can be Included in a Brain Injury Claim?

Following an accident at work that leaves you injured, whether your injuries are slight or severe and you decide to file a brain injury claim against your employer because you believe they were negligent in their duty to keep you safe from injury and harm, there are specific things that can be included in your claim so that you are awarded the level of brain injury compensation you rightly deserve. These are detailed below:

  • General damages
  • Special damages

General damages in more detail could include the following:

  • Pain and suffering
  • Loss of amenity

Special damages may be awarded which could include the following:

  • Medical expenses you incurred as a direct result of suffering a brain injury
  • Loss of earnings
  • Loss of future earnings should you not be able to work again
  • Care costs if you need daily assistance at home or if you have to go into a care home

Could I Be Awarded an Interim Payment in a Brain Injury Claim?

Because brain injury claims can involve long-term treatment and because they are often complex, long-drawn legal processes, a solicitor who specialises in accident at work claims would negotiate an interim payment for you. This is to help you financially until you receive a final settlement whether a court rules in your favour and awards you a level of compensation you rightly deserve, or your employer’s insurers offer to settle your brain injury claim out of court.

Is There a Time Limit to making a Brain Injury Claim?

As with most accident at work claims, the brain injury time limit stands at 3 years from the date you sustained your injury. This is the statutory time limit that must be adhered to. Failing to file a claim before the time limit expires, could mean you would lose out on receiving the compensation you deserve even if you can prove employer negligence. In legal terms, this is known as a claim becoming “statute barred”.

However, in some cases where the damage is not diagnosed until much later, the time limit could begin from the date a medical professional diagnosed your condition which is referred to as “date of knowledge”.

How Do No Win, No Fee Agreements Work on Brain Injury Claims?

Once a solicitor has assessed your brain injury claim and believes that you have a strong case against a negligent employer, they would typically offer to enter into a Conditional Fee Agreement (CFA) with you. This is a legal contract that outlines the Terms and Conditions of the agreement as well as the percentage you would pay on a successful brain injury claim. This is referred to as a “success fee” because should your case not be successful, you would have nothing to pay for the legal representation you received. This is known as working with a solicitor on a No Win No Fee basis.