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Accident At Work Claims - More Information
How Do I Make A Claim For An Accident At Work?
When making a claim for an accident at work, there are several things you can do to help your solicitor put your case together. However, don’t worry if you’ve not been able to follow these steps, you could still be able to claim.
Make sure you inform your Health and Safety representative about your accident as soon as possible.
Notify your employer immediately and complete a short accident report. Make sure that it is based on fact and not an attempt to suggest who you think is to blame. If you are still in shock, distressed or in pain, do not sign any report that is given to you by your employer or anyone else involved.
As soon as you are able to, write out a clear description of the accident. This will be of benefit to you and your solicitor. Make sure you sign and date it.
Try to get hold of the names and addresses of anyone who witnessed your accident. Your solicitor may wish to write to them.
Ask your Health and Safety representative to preserve the scene of your accident, if possible. Also, ask them to take photos of the scene and make them available to you. If they are not able to get a camera, ask if someone could sketch the scene instead.
It’s important to get in touch with us as soon as you can after your accident. The earlier one of our specialist workplace accident lawyers is involved, the sooner we can begin investigating your case. For a free consultation about your claim, call us on 0800 056 4110 or contact us online .
Can I Make A No Win No Fee Claim?
Many of the cases we handle are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.
At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household and car insurance policies, so it’s always worth checking whether you’re already covered.
If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.
Please visit our No Win No Fee page for more information on how it works.
Who Pays The Compensation For An Accident At Work?
For the vast majority of workplace accident claims, your employer will be considered responsible for your injury. There are a number of laws that employers must follow to protect your health and safety at work, and they have a duty of care to provide a safe working environment.
Employers should have a specialist insurance policy to protect them in these situations, so in most cases we would be claiming from your employer’s insurer.
Making a personal injury claim against your employer should have no impact on your employment rights . There are strong laws in place to prevent you being discriminated against if you make an accident at work claim.
Who Can Make A Claim?
We could help you make a claim if you’ve been injured in a workplace accident, including if you’re an employee, contractor, member of the public or a visitor to the worksite.
Even if you’re a casual worker or self-employed, you might still be considered as an employee under UK law, giving you the same rights as other workers when it comes to health and safety.
If you’re an agency worker who has been injured in an accident at work, both the agency you work for and the operators of the business you’re working for should take responsibility for your safety. They should work together to make sure that precautions are in place to protect you.
We can also help with claims being made on behalf of others including:
On behalf of a child who has been in an accident before their 18th birthday
For someone who doesn’t have the mental capacity to handle their own case
On behalf of a loved one who has unfortunately passed away
If you’ve sadly lost a loved one in a workplace accident, we can help you with:
Recovering compensation for their pain and suffering, to account for financial losses caused by their death and to cover funeral expenses
Representing you at inquest
Getting you the answers and apology you deserve from those responsible
Our lawyers could also help you access a statutory bereavement award , a flat rate of £15,120 which is provided when a wrongful death has occurred. This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.
Our Experts
As one of the largest personal injury teams in the UK, we have specialist workplace accident solicitors with detailed knowledge in this area. We’ll work closely with you throughout your claim, talking to you to make sure that your individual needs are met.
We can act on behalf of trade union members and individuals, always providing simple, honest advice. Not only can we handle your compensation claim, but we can provide advice on your employment rights, benefit entitlement and other financial issues.
Our lawyers will never be too far away from you as we have offices across the country. You can always feel free to contact our experienced experts who will be happy to answer any question you might have.
They put in place additional services for me to help me with my rehabilitation, and it was able to carry on when the community services came to an end.”
Jaxx, client
Client Story ‐ Jody Burke
Accident At Work Claim
Army Reservist and Adult Support Worker Jody Burke was hit by a car while helping clients into a minibus at work.
Jody received serious injuries to her foot, and was worried how this would affect not just her work, but her sporting hobbies as well.
Jody's employers got in touch with us, and our lawyers helped her access private medical treatment for her injuries. The pedestrian accident compensation claim Jody made with us helped her cover the wages she lost due to being off work, as well as every stage of her rehabilitation.
"I was able to move on with everything, put what had happened in the past, and just carry on with my life as normal."
"The process was very easy and Irwin Mitchell were always happy to help.” - Jody, client
Frequently Asked Questions
How Long Do You Have To Claim After An Accident At Work?
You usually have three years from the date of your accident to start your workplace injury claim.
However, there are some exceptions to this rule:
Mental capacity
No time limit applies if the person who suffered the accident at work has lost the capacity to make a claim themselves (this is often the case following a serious brain injury). In this situation you may be able to make a claim on behalf of a loved one.
Under 18s
If you or a loved one suffered an injury at work when they were under 18 (including if the injury happened while in full or part time employment, as an apprentice or on work experience), a claim can be started at any point up until their 21st birthday. However, in cases where mental capacity has been lost, then no time limit applies.
Accidents while working abroad
Foreign countries can have shorter time limits for making a personal injury claim.
Defective products
If you were injured due to faulty work equipment, you must start your claim within 10 years of the product going into circulation (this is in addition to the standard three year time limit).
If you have any concerns about the time limits for claiming compensation, our workplace accident team will be able to talk through your options in a free initial consultation. Please call us on 0800 056 4110 or contact us online .
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What Is The Accident At Work Claims Process?
Compensation claims for an injury at work usually follow the same five steps:
Free Initial Consultation
We’ll discuss how your injury happened and whether you have a legal claim for compensation. This initial consultation is completely free and confidential.
Determining Responsibility
Next we’ll investigate the circumstances that led to your accident. Where necessary we’ll use safety specialists to give their expert opinion on what your employer should have done to protect you.
Understanding Your Needs
We’ll ask medical experts to assess the short and long term impact that your injury will have on your life, so we can calculate a compensation amount that reflects your individual needs.
Accessing Support
We can help you to claim benefits you’re entitled to, and to access the best care and rehabilitation services. In some cases we may be able to get you some of your compensation early, to help with your immediate needs.
Compensation Settlement
The majority of workplace accident claims are settled out of court. Sometimes though your employer (or their insurer) does not accept responsibility, or disagrees with the compensation amount. In these circumstances we’ll start court proceedings. If your claim needs to be decided at court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.
If you have any questions about this process, please call us on 0800 056 4110 or contact us online and we’ll get back to you as soon as possible.
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How Much Compensation Can I Claim?
How much compensation you receive for your accident at work will depend on your injuries and circumstances. The same injury can have different consequences for different people. We can give you an idea of how much you are likely to receive at the start of your case, but the exact figure will depend on an in depth evaluation of your injury by a medical expert.
The main factors that affect how much compensation you receive are:
How serious your injury is
How your injury has affected your life (if you’re unable to work for instance)
How much money you have lost or will lose (loss of earnings)
Whether you’ll need extra support in the future (such as therapy, care services or modifications to your home)
Clearly the factors above will be specific to you, and part of the value of using an experienced workplace accident solicitor is that they can value your claim and secure you the maximum compensation amount available.
For more information and to book a free initial consultation, please call us on 0800 056 4110 or contact us online .
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