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Frequently Asked Questions About Workplace Injury Claims
- 1 Workplace Accidents – What Are My Rights?
- 2 How Much Compensation Could I Get for a Workplace Injury?
- 3 How Long Do I Have To Make A Claim After An Accident At Work?
- 4 Accidents In The Workplace – No Win No Fee Arrangements
- 5 Accident At Work Claim Procedure
- 6 Rehabilitation & Time Off
- 7 Injury At Work Claims – Smith Jones Solicitors
- 8 Loss of Life
- 9 Other Frequently Asked Questions:
Our specialist team have helped thousands of people make an injury claim after being injured at work. We have a single-minded approach to ensure that you are well looked after during your care, have the best access to rehabilitation and are justly compensated for injuries, loss of income and other damages. We are experts in all matters of work injury law, but below are a few examples of common case types we deal with:
Workplace Accidents – What Are My Rights?
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 are required to take all reasonably practicable steps to prevent a workplace 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 well-being 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 that have suffered an injury as a consequence of a workplace accident due to 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;
- Reporting incidents and assisting in their investigation;
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  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. As experienced work accident solicitors, we can provide you with the expertise needed to ensure you are properly looked after and compensated for any workplace injury you may receive, as well as access to the best possible treatment.
How Much Compensation Could I Get for a Workplace Injury?
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 compensation claims as each is unique. Our accident at work injury calculator can help you work out how much your injury 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 due to 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 HSE 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 consequence of the accident such as any travel or medical expenses. As part of our services to you, we can help you access specialist rehabilitation to ensure you make the best recovery possible. Our experts specialise in personal injury litigation 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.
How Long Do I Have To Make A Claim After An Accident At Work?
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 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 inquiry online.
Accidents In The Workplace – No Win No Fee Arrangements
We aim to fund your injury at work case by using a no win no fee arrangement. When we do this, it puts you in a safe position of having no financial risk to starting your claim. The legal fees would only become liable once your claim has been successfully concluded. If you would like a little more info on funding your work accident claim then feel free to speak to one of our advisers about it.
Our experienced team of legal experts are on hand to handle your case and answer any questions you might have.
On average, we have secured compensation of £16,937 for clients who have had an accident at work.
Accident At Work Claim Procedure
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;
- A record of how you are feeling and the difficulties you face each day as a result of the injuries that you have gone through.
We recommend you contact a specialist personal injury solicitor as soon as possible.
Rehabilitation & Time Off
The injuries you have sustained may require further medical treatment such as physiotherapy to resolve the problem and get you back to your normal activities. As part of your claim for compensation, we will arrange for a medical expert to examine your injuries and provide a report which will be used as evidence in your claim. If a course of physiotherapy is recommended, we can arrange this whilst your claim is ongoing, meaning that you can focus on your recovery, while we take care of everything else.
Certain injuries may require you to take time off work. We understand that this can be an extremely worrying time for most families and will help you to work out any earnings you have lost as a result of the accident. This can then be claimed as part of your claim in addition to the compensation you are entitled to for your injuries.
Injury At Work Claims – Smith Jones Solicitors
As experts in dealing with workplace injury claims, we understand that you may be apprehensive when it comes to making a case against your employer. Fortunately, employers are not allowed to terminate your employment because of you bringing a claim against them and you should not be forced into resignation due to a hostile environment. This is often referred to as ‘constructive dismissal’.
Our specialist team have dealt with many employer’s liability cases 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 process; instead, their insurer will deal with the majority of the process on their behalf.
If you do have reservations about making a work accident 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 best 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.
Loss of Life
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.