Accident At Work Claims

Are You Eligible To Make A Work Accident Claim?

With over 29 years representing clients, we understand the strict laws that govern the workplace and are experts in dealing with claims where you or someone close to you has been injured. If you have been unfortunate enough to suffer an injury whilst at work, our team can provide you with the advice and assistance to begin making a claim for an accident at work compensation.

 

According to the Labour Force Survey, 609,000 injuries occurred at work in 2016/2017. It is unfortunate, but regardless of how and where you are employed, accidents at work do happen and the consequences can be devastating. In our many years of dealing with claims of this type, we have assisted clients who have been injured everywhere from construction sites to offices.

 

Regardless of where you work, your employer owes you and other employees a duty to take reasonable care of your physical safety. This has been the law since at least as far back as 1837 when the landmark case of Priestley v Fowler which established that an employer owed a personal duty of care to their employee. Over the years this has been developed further by the courts, and the most recent expression of it is that in Dusek v Stormharbour Securities LLP [2015] EWHC 37 (QB) where it was confirmed that: “Employers owe a personal, non-delegable duty to their employees to take reasonable care for their physical safety.”

 

This approach had continued through the years and is reflected in regulations such as The Management of Health and Safety at Work Regulations 1999, and other regulations made under the Health and Safety at Work Act 1974. We can provide you with the expertise needed to ensure you are properly compensated for your injuries and receive the best possible treatment for the injuries you have suffered.

 

To begin making a claim for an accident at work, call us for free on 0800 195 95 90 and discuss your compensation claim with a member of our expert team.

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Work Accident Claims – More Information

EMPLOYER AND EMPLOYEE DUTIES

In the UK, employers are legally obliged to protect the welfare of their staff; this includes holding relevant and adequate insurance and meeting all Health and Safety regulations. Employers should take all reasonably practicable steps to prevent personal injury and to protect all persons from foreseeable hazards arising from its activities.

Key areas include:

  • providing and maintaining safe working environments;
  • providing suitable and sufficient information, instruction and, where necessary, training to enable employees to perform their duties safely;
  • making available any equipment necessary to ensure the health and safety of employees and visitors.

 

Information regarding your employer’s specific Health and Safety commitments can usually be found in their Health and Safety Handbook.

 

Many injuries in the workplace can be prevented. Though the environment you work in will determine the areas which pose the greatest risk to you, we commonly we represent clients from a wide range of industries and working environments that have suffered as a result of an employer’s negligence in one of the following areas:

  • Inadequate training
  • Faulty equipment
  • Failure to provide Personal Protective Equipment
  • Insufficient staffing levels
  • Failure to carry out adequate risk assessments
  • Poorly managed activities/ processes and systems

Employees also have a legal duty to co-operate with the company to fulfil their duties in order to protect their own safety by:

  • Working safely and complying with the requirements of this policy and associated procedures;
  • Using any equipment provided to ensure health and safety;
  • Reporting incidents and assisting in their investigation;

NO WIN NO FEE ACCIDENT AT WORK CLAIMS

Almost all of our accident at work compensation claims are funded through a no win, no fee agreement. This means there is no financial risk to you in pursuing a claim and you will only be liable for our legal costs should you be successful in your claim.¹³  For more detailed information regarding funding and legal fees, you can speak to a member of our team on 0800 195 9590.

Our team are experienced in dealing with complex and sensitive issues and will handle your enquiry with the utmost professionalism and compassion.

On average, we have secured compensation of £16,937 for clients who have suffered an accident at work.¹²

MAKING A CLAIM AGAINST YOUR EMPLOYER

As experts in dealing with work accident claims, we understand that you may be apprehensive when it comes to making a claim against your employer. Fortunately, employers are not allowed to terminate your employment as a result of you bringing a claim against them and you should not be forced into resignation as a result of a hostile working environment. This is often referred to as ‘constructive dismissal’.

Our specialist team have dealt with many employer’s liability claims and are experienced in the best possible way of bringing a case against your employer. As employers have a legal duty to provide safe working surroundings and are obliged to insure themselves against potential accidents, your employer will more than likely have little involvement in the claim process; instead their insurer will deal with the majority of the process on their behalf.

If you do have reservations about making a claim whilst still in employment, just speak to a member of our friendly team. The chances are, we have helped somebody in a very similar situation and we can help you work out your options.

From minor injuries to claims of the utmost severity, we will always deal with your case in a sensitive, confidential and highly professional manner.

Call Freephone 0800 195 9590 to speak to a member of our specialist team or alternatively, submit your enquiry online and we will call you back.

OUR EXPERTISE IN ACCIDENT AT WORK CLAIMS

Highlighting our expertise in accident at work claims, Consultant Solicitor, Brett Dixon, was recently elected President of the Association of Personal Injury Lawyers. Brett writes and delivers the Accidents at Work update course to other lawyers across the UK annually. He is a member of the Civil Procedure Rule Committee, and contributes to and edits guides designed to assist lawyers in this area of law.

 

“These types of cases involve complex legal arguments and can include multiple defendants. It may not always be your employer who has caused the injury to you. Here at Smith Jones, we work hard to identify who is responsible and to obtain an early commitment from them to support you in your rehabilitation from the effects of the injury.”

Brett Dixon, Smith Jones Consultant Solicitor and APIL President

 

 

 

Brett has been involved in many government consultations on behalf of APIL, including the following:

  • Revisions to the Lifting Operations and Lifting Equipment Regulations 1998 Approved Code of Practice
  • HSE consultation on the exemption of self-employed from the Health and safety at Work Act 1974
  • Revisions to the Provision and use of Work Equipment Regulations 1998 Approved Code of Practice
  • Revisions to the Workplace Health Safety and Welfare Regulations 1992 Approved Code of Practice

Brett has also contributed regularly to the Journal of Personal Injury Law including articles covering the health and safety duties that the self-employed owe to others.

FATAL ACCIDENT AT WORK CLAIMS

According to the Health and Safety Executive, in 2016/2017, 137 workers were killed at work.

Losing a loved one is devastating and to think that the accident could have been prevented if adequate safety measures had been taken is extremely difficult to come to terms with.

Our team can offer advice in relation to pursuing a claim on behalf of a loved one that has sadly lost their life due to an accident in the workplace. With many years of experience in this area, you can trust in our advice and our friendly team, who will always advise you in a compassionate and professional manner.

HOW MUCH COMPENSATION CAN I CLAIM FOR AN ACCIDENT AT WORK?

Many of our clients look for the answer to this question at the start of their enquiry, however, there are many factors to consider when settling a compensation claim as each is unique.

Our accident at work claim calculator can help you work out how much your claim could be worth, simply tell us a few details about your injury and we will give you an estimated valuation.

Whilst we may be able to give you a general idea of how much you could expect to receive based on our experience, we would need to know all the facts of the case, the full extent of your injuries from a specialist medical report and have details of any losses you have suffered as a result of the accident to be able to value your claim properly.

Compensation is generally made up of two aspects, General damages and Special damages.

General damages are the sum awarded for your injuries (pain and suffering) whereas special damages take into account the direct impact of the accident on for example, your financial situation. The Health and Safety Executive states that there were 175,000 self-reported injuries with over 7 days absence in 2016/2017. If you have been unable to work for any period of time, you may be awarded a sum for your ‘loss of earnings’. If you are unable to return to work after your accident, your settlement will be calculated based on your current and future needs.

Special damages also take into account other losses as a direct result of the accident such as any travel or medical expenses. As part of your claim, we can help you access specialist rehabilitation to ensure you make the best recovery possible.

Our experts specialise in personal injury claims and are highly experienced in maximising client settlements to ensure you are fully compensated for your injuries, so you can rest assured, we will fight your corner.

WHAT SHOULD I DO IF I HAVE AN ACCIDENT AT WORK?

The most important thing following any type of accident is to ensure you seek medical attention for any injuries you have sustained.

Your employer should have an Accident book and should have recorded your accident there.  We also recommend you document all the details surrounding your accident, for example:

  • If possible, it may be helpful to take photos of where the accident occurred and the injuries you sustained;
  • Keeping a daily diary, which records any details that are not covered by receipts can be helpful if you wish to include these aspects in your claim. These details could include how you got to and from hospital appointments, how long you spent at the hospital, and the pain and discomfort that attending appointments causes;
  • Any correspondence from your employer regarding the accident and any which state the period of time that you have been unable to work and any income you have lost as a result of this;
  • A record of how you are feeling and the difficulties you face each day as a result of the injuries that you have suffered.

We recommend you contact a specialist personal injury Solicitor as soon as possible.

HOW LONG DO I HAVE TO MAKE A CLAIM?

The law on time limits for accidents at work and occupational disease claims can be complex. Generally, as an adult you have three years from the date of the injury to have either settled your claim or started court proceedings.

With some industrial disease/occupational disease claims, the three-year time limit starts from the date of knowledge. The date of knowledge is the point at which you know that you are suffering from an illness caused by your employment.

Other exceptions to the three-year time limit include diminished mental capacity.

This is an extremely complex area of law and so it is always advised the you take legal advice from a specialist solicitor at the earliest opportunity.

Our specialist team will be able to advise you on the relevant time limit for the type of accident that you have been involved in. You can call us on freephone 0800 195 95 90 or alternatively submit an enquiry online.

Reasons To Choose Smith Jones

If you decide to pursue a work accident claim, here are a few reasons to choose Smith Jones to represent you:

NO-WIN NO-FEE

We operate on a ‘no-win no-fee’ basis, meaning that there is no financial risk to you in pursuing a claim for your accident or injury.

WE CARE ABOUT EVERY CLIENT

We get to know every one of our clients, understanding their unique needs and ensuring they are well represented and cared for.

WE ONLY DO INJURY LAW

We only handle personal injury and accident cases, meaning we have a vast depth of knowledge and experience when it comes to assessing if you have a claim.

OVER 29 YEARS EXPERIENCE

We have been fighting for our clients since 1988. We are authorised and regulated by the SRA and are accredited by APIL and The Law Society.

WORK ACCIDENT EXPERTS

We have extensive experience dealing with and claiming for accidents and injuries that have happened in the workplace. Speak to us today to start your claim.

AVERAGE CLAIM OVER £11,500

If your claim is successful then you will receive a cash sum after a decision or settlement has been reached – our average payout is over £11,500.

Common Work Injury Claim Types:

FACTORIES, PRODUCTION AND INDUSTRY

Due to the nature of the environment and the equipment used, factory and production environments have proven to be the most common locations for injuries at work amongst our clients in recent years, with 40% of our accident at work claims occurring in these environments.

We have represented clients in claims arising from manual handling, operating machinery e.g forklift truck accidents, falls from height, crushing injuries, workers being struck by an object, and contact with machinery.

Accidents arising from incorrectly fitted or missing guards off machinery are amongst the most common involving factory and production workers and can have traumatic consequences for the employee.

We also see claims arising from failure to provide adequate personal protective equipment such as gloves, masks and footwear. These are small costs to the employer that can prevent a devastating accident.

In some cases, we find that safety concerns have been raised prior to an accident occurring and the employer has failed to take appropriate action.

If you work in a factory, production or manufacturing environment and have fallen victim to an accident at work, our experienced specialist team may be able to help you claim compensation. Read More on industrial accident compensation and industrial disease claims here.

HEALTH AND SOCIAL CARE

Working in care is both physically and emotionally demanding. You are required to be compassionate and understanding but also have a very physical role to fulfil.

Our team have represented health and social care providers in accidents arising from a number of scenarios including slips, trips and falls, violence from those receiving care, manual handling, and accidents involving food and drink preparation.

If you are a care worker and got injured through no fault of your own, you could be entitled to compensation. We understand you may be apprehensive about bringing a claim and our team are on hand to discuss your accident circumstances and help you work out the best way forward.

LOGISTICS

Due to the nature of the working environment, those working in logistics are amongst the most frequent groups of workers we represent in accident at work claims. Claims involving couriers/delivery drivers, van and lorry / HGV drivers are common due to spending long periods of time on the road and the necessity to manage potentially heavy or hazardous loads.

Those working in logistics are at risk of suffering a number of accidents arising from faulty equipment, inadequate training, unsafe load, manual handling, road traffic accidents, and industrial disease.

If we have not made reference to the accident or injury that you have suffered, this does not mean you do not have a claim. Our expert accident at work team are here to provide you with advice and assistance.

CONSTRUCTION

Construction workers spend their days in a dangerous environment. With the number of apparent risks, it is essential that employers minimise those risks wherever possible to ensure the safety of their employees.

Our specialist accident at work lawyers could help you make a claim for compensation if you have been involved in a crane accident, scaffolding accident, incident with dangerous machinery, electric shock accident and any other accident that may occur whilst working in a construction setting.

Our team are here to provide expert advice and assistance regardless of where and how your injury occurred. Read More

FARMING AND AGRICULTURE

The Health and Safety Executive quotes agriculture as having the highest rate of fatal injury of all the main industry sectors with 30 deaths as a result of farming and other agriculture related activities during 2016/2017. A further 13,000 non-fatal injuries to workers are quoted as occurring each year in the agriculture, forestry and fishing sector in Great Britain.

The working environment for farm workers can be extremely dangerous and with so many people around the country relying on agriculture to some degree, the impact that injury can cause if unable to work is potentially life-changing.

With dangerous machinery and unpredictable working conditions, farming accidents at work are not uncommon. Slips trips and falls, injuries caused by animals, lifting and handling, falls from height, and contact with machinery or objects are amongst the most common causes of injury.

Your employer is legally responsible for your safety and welfare at work as with any other industry workplace. If your employer is negligent, the consequences of a farming/ agricultural accident can be life-changing. Our specialist solicitors are here to help you establish who was at fault for your accident and where there has been a wrongdoing, can help you claim the compensation you deserve.

Wherever you work, and whatever the circumstances, if you have suffered an injury as a result of your employer’s negligence, our team are here to help you get the compensation you deserve. Common examples of accidents at work that could occur in many different areas of employment and could cause substantial injury include the following:

  • Lifting / Handling
  • Slip, Trip or Fall
  • Fall from height
  • Struck by object
  • Contact with machinery
  • Assault / violence
  • Exposure to harmful substances

If we have not made reference to the accident or injury that you have suffered, this does not mean you do not have a claim. Our expert accident at work solicitors are here to provide you with advice and assistance.

You can contact us now if you have a question regarding a work accident claim. If you’re not sure whether you can make a claim, then phone our free helpline on 0800 195 95 90 and a member of our legal team will be happy to assist you.