Can I Claim Compensation if an Employer Did Not Provide Personal Protective Equipment?

Employers must provide you with the correct personal protective equipment to suit the type of work you carry out on a daily basis. This equipment helps ensure you are kept safe from harm and injury in the workplace and includes work wear like gloves, goggles, high-visibility clothing and other items of clothing and equipment. Should your employer fail to provide the necessary PPE and you suffer an injury or develop a health issue, you could be entitled to file an accident at work claim against them and be awarded the level of compensation you deserve for all the pain and suffering as well as out of pocket expenses you incurred due to employer negligence.

Employee Injury At Work Advice

What is the Law Relating to Personal Protection Equipment?

The law requires that all employers abide by the following regulations:

  • The Personal Protective Equipment Regulations 2002
  • The Personal Protective Equipment at Work Regulation 1992 (including amendments)

Employers must provide the correct protective wear and equipment to all employees who work with hazardous chemicals and who work in more dangerous environments handling hazardous material which includes the following:

  • Lead
  • Asbestos
  • Noise
  • Radiation

What is PPE so Important?

Employers have a duty to make sure the workplace is safe for their employees which includes providing the following:

  • Adequate instructions to carry out a job
  • Correct procedures on how to carry out tasks
  • Adequate training to suit a job
  • The right level of supervision at all times

Your employer must also ensure that a working environment is as safe as possible which includes making sure that the right protective equipment and wear is made available and this includes reducing the risk of being injured by providing the correct PPE even when measures have been set in place. This includes the following:

  • Breathing in contaminated air which could negatively impact your lungs
  • Suffering head and foot injuries from objects/materials falling from heights
  • Sustaining eye injuries from splashes of dangerous/corrosive liquids or particles that fly through the air
  • Suffering skin injuries/complaints from coming into contact with hazardous/corrosive materials and liquids
  • Suffering injuries to the body from extreme temperatures whether hot or cold

When an employer fails to provide the correct PPE or fails to maintain the equipment and work wear in good condition, it puts you at risk of suffering an injury in the workplace. Employers who are negligent in their duty to keep you safe from harm at work, may be ruled liable should you wish to file an accident at work claim against them.

What Training Do Employers Have to Provide?

Employers must ensure that all employees are correctly trained to carry out the jobs they are tasked to carry out during the course of their working day or night. Employees must be provided with the following even if the correct measures are set in place to reduce the risk of being injured or developing a work-related health issue:

  • The correct training where specialist equipment is used in the workplace
  • Training to recognise and detect faults and to report these accordingly

Your employer must provide protective wear and equipment that meet the Personal Protective Equipment Regulations 2002 and which are CE marked. The must also do the following:

  • Select the correct equipment to suit a job and the user, examples being the correct size which means allowing an employee to choose it
  • To train employees on how to use their protective wear an example being on how to take off gloves without causing any skin injuries
  • To never allow any exceptions to when and where PPE should be worn an example being when a job would only take a couple of minutes to do
  • That PPE is correctly maintained and looked after which includes being stored properly so that is in good condition
  • That employees use PPE correctly and that they report any damage, loss or destruction when necessary
  • To make sure that the correct replacement parts are used when necessary
  • To ensure employees know who is responsible for the maintenance of all PPE that is used in the workplace
  • To ensure that the necessary disposable wear is available to employees as well as visitors to a workplace/work site

It is worth noting that employers must ensure that when employees have to wear more than one protective wear item, that they can be worn together without any issues or without putting workers at risk of suffering any sort of injury. This includes when wearing safety goggles and breathing equipment. Employers must also ensure that the correct equipment is available in the case of an emergency which includes breathing apparatus, safety ropes, safety harnesses and respirators.

What is the Time Limit Associated With Filing a Claim Against My Employer?

The statutory time limit for accident at work claims is 3 years from the date of a work-related accident that left you injured or 3 years from the date you were diagnosed as suffering from a work-related health issue or medical condition. Relevant accident at work time limits are detailed below:

  • 3 years from the death of a member of your family due to employer negligence in not providing adequate personal protective equipment
  • 3 years from the date you were first aware of a health issue or medical condition you developed in the workplace because an employer failed to provide the correct or adequate PPE

Because there is a statutory limit of 3 years attached to accident at work claims, seeking legal advice from a solicitor who specialises in this type of claim is essential. It means you stand a much better chance of filing a successful claim against a negligent employer and being awarded the level of compensation to suit your injuries and out-of-pocket expenses.

Employee Injury At Work Advice

What Are My Rights Following an Accident at Work?

When you have an accident at work that leaves injured because you were not provided with the correct PPE to suit the job you were tasked to do, you have certain rights which an employer must recognise and abide by. These are as follows:

  • Your job is safe even if following an accident at work that left you injured through no fault of your own, you decide to file for compensation against your employer
  • You receive an amount in compensation to cover your out-of-pocket expenses, pain and suffering that are a direct result of having been injured in the workplace because your employer failed to provide adequate PPE

Your employer’s duty of care towards you must include the following which are legal requirements:

  • That you are provided with adequate PPE to suit the job you are tasked to do
  • To carry out regular risk assessments in the workplace and to set in place measures that minimise any risks to employees

Should your employer ignore health and safety executive regulations or fail to provide the correct PPE for the job you do and you suffer an accident at work that leaves you injured, you would have every right to file for compensation.

What to Do If You Suffer an Injury or Develop an illness Due to Employer Negligence

There is a procedure that must be followed should you be involved in an accident at work that left you injured because you were not given the correct protective wear to carry out the job. First and foremost, you should seek medical attention for your injuries. Other steps that must be taken following an incident in the workplace should include the following, even if at first, you have not decided to file an accident at work claim against your employer:

  • Make sure the incident is reported to the person in charge or your employer
  • Make sure the accident is recorded in the Accident Report Book and failing this, make sure you write down all the details of the incident and send a copy to your employer, keeping a copy for your own records – you should be allowed to read the report even at a later date to make sure the details of the incident are correct
  • Take photos of where the accident occurred
  • Take photos of your injuries before you are treated
  • Get witness statements and their contact details
  • Obtain an official medical report of your injuries

All of the above is required to prove your claim and the more evidence and proof you can provide, the better your chances are of being awarded the accident at work compensation you deserve.

What Can I Include in My Claim?

Following a work-related accident that left you injured because your employer failed to provide adequate PPE for you to do a job safely, and you want to file for compensation due to employer negligence, it is best to seek legal advice from a solicitor who specialises in accident at work claims. With this said, there are specific things that can be typically included in an accident at work claim. This ensures you are awarded the right level of compensation to suit your injuries and to cover the out-of-pocket expenses you incurred as a direct result. These are listed below:

  • General damages
  • Special damages

General damages cover the following:

  • Pain and suffering
  • Physical injuries that may prevent you from working
  • The mental anguish you had to endure
  • Loss of companionship you had to cope with
  • Loss of career
  • Difficulty finding another career

Special damages are awarded to cover the following:

  • Medical expenses
  • Travel expenses whether you go by bus, train, car or taxi
  • Loss of income including bonuses or other perks
  • Loss of future earnings because your injuries prevent you from working again
  • Care costs should you need to go into a care home or need daily assistance around the home

It is worth noting that every work-related personal injury claim is different and as such, the level of compensation you receive would be calculated on the severity and complexity of your injuries and how much your life and ability to work has been negatively impacted.

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

A lot of people who suffer injuries at work through no fault of their own decide not to file for compensation because of the cost. Legal representation can be expensive which can put you off making a claim even if you think your employer was negligent in their duty to keep you safe from harm in the workplace. However, these days many solicitors work with their clients on a No Win No Fee basis which means they agree to take on the risk of not being paid should your claim not be successful. The solicitor would enter into a CFA which is a Conditional Fee Agreement with you which is a legal document that sets out the Terms and Conditions of the contract.

It also sets out the percentage you would have to pay on a successful accident at work claim which is known as a “success fee”. The amount you would have to pay would be deducted directly from the amount of compensation you receive, whether awarded by a judge or as a settlement paid out by the insurers which is referred to as a “out of court settlement”.

The solicitor would typically assess your claim by offering an initial, no obligation consultation which is free of charge. Should the solicitor believe you have a strong case against a negligent employer, once the CFA is signed, they would begin working on your accident at work claim without requesting a retainer or upfront fee having entered into a No Win No Fee agreement with you at the outset.

Employee Injury At Work Advice

Can I Still File a Claim if There is No Record of My Injury?

Employers are required under Health and Safety Executive regulations to keep records of all accidents, injuries, illnesses, diseases and other dangerous incidents that occur in the workplace. This regulation applies to all employers throughout the UK with one of the end goals being to identify dangers and hazards in the workplace which in turn makes an environment safer for employees to work in. Having a record of your accident at work and the injuries you sustained or the disease/illness you developed, is crucial when it comes to proving an accident at work claim.

With this said, if there is no record of your injury at work although your claim might be weaker than if there was an official report in an Accident Report Book, you still may be able to file a successful accident at work claim, providing there is other crucial evidence and proof of the incident that left you unable to work whether for a short or longer period of time.

What Is My Employer’s Legal Responsibility for Keeping an Accident Report Book?

As previously mentioned, employers and anyone else who controls business premises, must by law keep records of accidents and other incidents that result in injury, illness or disease in the workplace. Your employer is not legally required to keep an accident report book, but because doing so meets all the requirements laid out by the Data Protection Act, most employers use this method as a way of keeping records of incidents that leave employees injured or suffering from an illness/disease in the workplace.

Employers must also report all accidents that result in employee having to be off work for more than 7 consecutive days to RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013). This is a legal requirement that applies to all employers throughout the UK.

Will a Record in the Accident Report Book Strengthen My Claim?

Having a record of an accident at work that has been recorded in the Accident Report Book, does strengthen a personal injury claim against a negligent employer. The reasons being as follows:

  • It confirms an accident at work occurred
  • It confirms an injury/illness/disease
  • It establishes liability and negligence

The reason for all of the above is because the record clearly states the following:

  • When and where the accident at work occurred
  • Details of all the people who were involved in the accident
  • An brief account of how and why the incident occurred
  • An account of injuries/illness/disease sustained
  • An account of treatments offered

An accident at work must be recorded in the Accident Report Book at the time the incident occurred or as soon after as possible afterwards. An injured employee should be shown the report to confirm that was is recorded is correct if their injuries allow them to do so. Records of all incidents and accidents at work must by law be retained for 3 years which means that even if you do not immediately file an accident at work claim against a negligent employer, the record of the incident are available for this amount of time.

Employee Injury At Work Advice

Are Accident Book Records Essential for Accident at Work Claims?

Because accidents at work claims can be hotly disputed, having a record of an accident that left you suffering from an illness, disease or injury, helps establish what happened and who could be held liable. With this said, if you believe no record exists of your accident at work, it is possible to confirm that a record was made by contacting the relevant third party. Should you discover that no record exists, you can make an official request to have the incident recorded which in itself, could be used as evidence when filing an accident at work claim.

What Other Proof and Evidence Can I Provide to Strengthen an Accident at Work Claim?

A court could rule that not having a record of an incident that left you injured at work, is negligent on the part of your employer in itself, unless the reason was valid. An example being that the injuries sustained were so severe, a record was not added to the Accident Report Book until much later. However, if there is no record of an accident at work that left you injured, a specialist solicitor would be able to use other proof and evidence to build your case against a negligent employer. The evidence that could be used would include the following:

  • Official medical report of your injuries
  • CCTV footage (if available)
  • Photos of your injuries
  • Photos of where the accident occurred
  • Witness statements

The more evidence of your accident at work and injuries you can provide, the better your chances of winning a your case, whether it goes before a judge or the insurers agree to settle out of court.

Does My Employer Have a Duty of Care Towards Me?

Employers have a duty of care to keep all their employees safe in the workplace which they are legally required to do. Should you suffer an injury, develop an illness or disease through employer negligence, you would have every right to file an accident at work claim against them. Employers must abide by Health and Safety Executive regulations and the law when it comes to keeping records of all accidents and incidents that occur in the workplace. They must report accidents that result in you have more than 7 days of work to RIDDOR which again, is a legal requirement.

If you believe your employer was negligent in any way when it comes to keeping you safe in the workplace but there is no record of the accident, you should seek legal advice because providing you can provide other proof that you were injured in the workplace, you could still be able to file for compensation.

Are There Certain Things I Can Include in My Accident at Work Claim?

When filing an accident at work claim, you can include the following:

  • General damages
  • Special damages

General damages covers the following:

  • The pain and suffering you endured as a direct result of being injured, suffered an illness or disease in the workplace
  • Any physical impairment you sustained
  • The mental and physical anguish you had to cope with following the incident
  • Loss of companionship
  • Loss of your career
  • Hardship finding alternative work

Special damages covers the following:

In a successful accident at work claim, the special damages you may be awarded could include the following:

  • Medical expenses which covers both in the short-term or if you need long-term ongoing treatment for the injuries, illness or disease you developed in the workplace. This also covers all your out of pocket expenses namely the cost of specialist consultations, prescriptions, medication, care/hospital stay and all the diagnostic tests needed during your recovery
  • Travel expenses which covers how you get to a hospital or other medical facility for necessary treatments whether you travel by taxi, car, bus or train
  • Loss of income during the period you are unable to work which includes all perks and bonuses you may have missed out on
  • Loss of future earnings if your injuries prevent you from working again

Not having a record of your injuries and the accident at work that caused them, does not mean you would not be able to claim compensation from a negligent employer. A personal injury solicitor would be able to assess the strength of your claim by using other evidence and proof that your injuries were due to an accident at work.

Do I Have Any Rights Following an Accident at Work?

Following an accident at work, you have certain rights which are detailed below:

  • That your job is safe even if you decide to file an accident at work claim against a negligent employer
  • That you receive an amount of compensation that suits the injury, illness or disease you developed in the workplace

Can an Employer Sack Me For Filing an Accident at Work Claim?

Your employer cannot by law, fire you because you decided to file a personal injury claim against them. By doing so, they could open the door to you being able to file a second claim namely for unfair dismissal. However, if your employer has a valid reason for firing you other than the fact you are seeking compensation from them, then they may be able to successfully show you the door without the worry of having to deal with a second claim against them.

Would My Accident at Work Claim Be Successful?

Providing you have other strong evidence to prove that you were involved in an accident at work that left you injured and unable to work whether for a short or much longer period of time, even if there is not record of the incident in an Accident Report Book, you still have a very good chance of winning your claim and being awarded a level of compensation you rightly deserve for the pain, suffering and out of pocket expenses you incurred through no fault of your own but rather through employer negligence.

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

Even if there is no record of an accident at work that left you injured or suffering from a health issue, it is always worth discussing your case with a specialist personal injury solicitor. The reason being that you may have enough proof and evidence needed to file a successful claim bearing in mind that many work-related personal injury claims are settled by an employer’s insurers “out of court” and before the case is heard by a judge.

Employee Injury At Work Advice

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

A solicitor who specialises in accident at work claims would typically offer an initial, no obligation consultation which is free of charge. This allows them to assess your case and to establish whether there is enough proof and evidence that the accident that left you injured or suffering from some kind of health issue occurred in the workplace and that it was due to employer negligence. Once this has been established, a solicitor would offer to work on your case on a No Win No Fee basis which means they can start working on your accident at work claim by gathering all the necessary evidence without having to request an upfront fee or retained.

You would sign a contract known as a Conditional Fee Agreement (CFA) which is a legal agreement between you and the firm of solicitors. Not having to find the money to pay for legal representation means you can concentrate on recovering without any financial worries of how you would pay your solicitor. The CFA you sign sets out the amount you would have to pay but only on a successful accident at work claim which is referred to as a “success fee”. This is an agreed percentage of the amount you are awarded either by a judge or by your employer’s insurers should they decide to offer you a final settlement before your case gets to court.

If you do not win your accident at work claim, you would have nothing to pay for the legal representation you received because in signing a Conditional Fee Agreement, the solicitor you worked with would have agreed to take on all the “risks” involved in filing a work-related injury claim. It is also worth noting that the “success fee” you do pay on a successful accident at work claim, would be deducted directly from the amount of compensation you receive.

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.

Who Pays Worker’s Compensation When Injured at Work?

Employees who are involved in an accident at work that leaves them injured or suffering from some sort of work-related health issue or medical disorder, and the incident occurred in the last 3 years through employer negligence, would be entitled to file for compensation. You may find that you could also be entitled to claim Industrial Injuries Disablement Benefit and if you lost a family member in an accident at work, you could be entitled to file a claim on their behalf against their employer.

With this said, many people who suffer injuries, an illness or health issue at work ask the question “who pays the compensation I may be awarded in a successful accident at work claim”? The answer is that all employers are legally required to have liability insurance in place to cover this type of eventuality. As such, it is your employer’s insurers who would pay the amount you may be awarded in a successful accident at work claim, bearing in mind that the majority of insurers prefer to settle an accident at work claim before it goes before a judge which is referred to as “settling out of court”.

What Are My Employer’s Legal Requirements?

All UK employers must have valid liability insurance in place which is a legal requirement for all businesses that employ one or more employees. It is worth noting that the minimum cover legally required currently stands at £5 million. Should an employer not have the required insurance in place, they could be liable to a fine which  is as follows:

  • £2,500 for every day that employer liability insurance is not in place

However, it is also worth noting that some businesses/organisations are not required to have employer’s liability insurance because they are exempt and this includes the following:

  • Businesses that employ close family members
  • Businesses that employ workers who reside abroad – but employers must check any laws that apply to the countries of their worker’s origin
  • Businesses that only work with contractors because they do not qualify as “employees”

Should you suffer an work-related health issue, medical condition or sustain and injury at work through no fault of your own and the incident happened in the last 3 years, you could file for compensation which would be paid to you via a court or directly by your employer’s insurers.

Employee Injury At Work Advice

What Sort of Workers Qualify as Employees?

When it comes to who qualifies as an “employee”, this can prove somewhat complicated. However, the establish whether a person is an employee, the following applies:

  • The business deducts National Insurance contributions as well as income tax from a worker’s salary and they do so at “source”
  • The business provides all the tools and equipment needed to carry out a job

With this said, some sub-contractors may also be deemed to be “employees” whereas independent contractors and bona-fide sub-contractors do not. If you qualify as an “employee” and suffer an injury at work, seeking legal advice as early as possible can speed up the process of filing an accident at work claim considerably. The reason being that a solicitor would contact your employer’s insurers to ensure that things run as smoothly as possible from the outset.

What Would I Be Awarded in a Successful Compensation Claim?

There are certain things you would be awarded should your accident at work claim be successful which are detailed below:

General damages are awarded to compensate you for the following:

  • Pain and suffering
  • Your inability to do things you used to do before you sustained an injury in an accident at work. This includes hobbies, other activities and your ability to work

Special damages are awarded to compensate you for actual out-of-pocket expenses you incurred as a direct result of an injury, illness or other health issue you sustained in the workplace and could include the following:

  • Medical expenses
  • Travel expenses
  • Loss of earnings
  • Loss of future earnings
  • Care costs

If you are filing an accident at work claim on behalf of a loved one who died, you could also be awarded funeral costs and any financial contribution your loved made to the home. The compensation you are awarded in a successful claim would be paid out by your employer’s insurance and would not be taken from the business profits.

An Employers’ Responsibilities Towards Their Employees

All UK employers have a duty of care towards all their employees which encompasses providing a safe working environment that is as free from hazards and dangers as possible. The law covers all aspects of a working environment and the job you are tasked to do. Employers must adhere to all the Health and Safety Executive regulations that are set in place to protect workers under the Health and Safety at Work Act 1974. Employers must also abide by the Work at Height Regulations 2005 Act.

Should your employer fail in their duty to keep you safe from harm and injury in the workplace and you develop a health issue or suffer an injury that prevents you from working for a short or longer period of time, you have every right to file an accident at work claim against them. The reason being that a court would deem your employer was in “breach of their legal duties”. The employer’s liability insurance that a business owner must legally have in place would cover the amount of compensation you are seeking when filing an accident at work claim against a negligent employer.

What If I Suffer an Industrial Injury at Work?

If you have sustained an industrial injury at work due to employer negligence because your employer failed to abide to any health and safety regulations or in their duty to provide a safe working environment, you would also have every right to file an accident at work claim against them. Should your employer do any of the following, it would entitle you to file an industrial injury at work claim:

  • Agree to poor manual handling practices
  • Expose you to any dangerous chemicals that are regulated under COSHHR (the Control of Substances Hazardous to Health Regulations)
  • Poor maintenance of the workplace
  • Poor design of the workplace
  • Failure to provide sufficient or no training
  • Failure to recognise potential health issues and illnesses in the workplace

The type of injuries you could sustain in an industrial accident at work could include any of the following:

  • Broken or fractured bones
  • Cuts
  • Burns
  • Amputations

On top of the injuries in the list above, you could develop an industrial disease which could negatively impact your health and well-being on a long-term basis. This includes suffering from the following:

  • Vibration white finger
  • Deafness
  • Asbestosis

Whatever industrial disease, illness or injury you sustain in the workplace, proving liability a long time afterwards does not mean you cannot file a successful accident at work claim against a negligent employer, bearing in mind that the compensation you receive would be paid by your employer’s insurers.

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

If you develop an illness or other work-related health issue, sustain an injury that prevents you from working for any length of time, you have every right to sue your employer and be awarded the level of compensation you deserve, providing you can prove an employer was negligent in their duty to keep you safe in the workplace.

This means providing enough evidence that your injuries were sustained in an accident at work because your employer failed to abide by Health and Safety regulations or that they did not provide the correct personal protective equipment to suit the job you were tasked to do, but whatever the reason, you should seek legal advice from a solicitor who specialises in accident at work claims as soon as possible. The reason being that many work-related claims are hotly defended from the outset which means you need as much legal advice as possible from the word go for your claim to be successful.

All businesses that employ one or more workers are legally required to have employer’s liability insurance in place and the legal minimum amount of cover must be £5 million. As such, the amount of compensation you may be awarded in a successful accident at work claim would be paid by your employer’s insurers.

A solicitor would negotiate with your employer’s insurers right from the outset of filing a claim for compensation which ensures the legal process is respected. This in turn means that things not only run smoothly, but it can speed up the procedure too.

How to File an Accident at Work Injury Claim

If you suffered an injury in the workplace or developed a work-related health issue, seeking legal advice as early as possible makes the process a lot easier to understand and cope with. This is especially true if you work with a solicitor who specialises in accident at work claims on a No Win No Fee basis.

You would need to provide as much proof and evidence as you can which can take time to gather. Having the assistance of a solicitor who specialises in accident at work claims, right at the outset ensures that the legal procedure is respected. it also ensures that the 3 year accident at work time limit is adhered to.

The evidence you would need to provide a solicitor is as follows:

  • A medical report of your injuries
  • The record of the accident at work that left you injured
  • Photos or CCTV records of where the accident occurred
  • Photos of your injuries before you were treated
  • Witness statements
  • Witness contact details

Once you have gathered all of the above and given the information to a solicitor who specialises in accident at work claims, they would contact your employer’s insurers to inform them that you intend of filing for compensation. If the solicitor establishes employer negligence, they would agree to work with you on a No Win No Fee basis and would request you enter into a Conditional Fee Agreement (CFA) with them.

Employee Injury At Work Advice

Working with a Solicitor on a No Win No Fee Basis

If you are considering filing an accident at work claim against your employer because you believe they were responsible for the incident happening, you should seek legal advice as soon as possible. Most solicitors offer a no obligation, initial consultation which is free of charge. This allows them to establish whether you have strong case against your employer because they could be deemed negligent and therefore liable for your injuries. Once this has been established, a solicitor would offer to work on your accident at work claim on a No Win No Fee basis. You would sign a legal contract which is referred to as a Conditional Fee Agreement which not only sets out the percentage you would have to pay for the legal representation you receive, but also the Terms and Conditions of the contract.

Once you have signed the CFA, a solicitor can begin working on your accident at work claim without having to request an upfront fee and one of the first things they would do is inform your employer’s insurers that you intend seeking compensation for the injuries, illness or work-related health issue you suffered through employer negligence. This can speed up the legal process because your solicitor would be in a position to provide the insurers’ representative with all the relevant information and evidence required when making an accident at work claim.

Should your claim not be successful, you would not have to pay the solicitor for the legal representation they provided because they entered into a CFA with you. This in short means that the solicitor agreed to take on the risk they would not be paid should your accident at work claim be unsuccessful.