I Suffer From Carpal Tunnel Syndrome, Can I Claim Compensation From My Employer?

If you suffer from carpal tunnel syndrome as a result of the job you do, you may be entitled to seek compensation for your pain, suffering and loss of amenity. Employers have a duty of care to make sure all employees are kept safe in the workplace and this includes ensuring that the correct measures are put in place to reduce the risk of workers developing work-related health issues like carpal tunnel syndrome.

Employee Injury At Work Advice

To find out more about this condition, the symptoms and whether you would have a valid carpal tunnel syndrome claim against your employer, please read on.

Health and Safety Carpal Tunnel Syndrome Statistics

Carpal tunnel syndrome is a recognised medical disorder which is categorised as an industrial disease. The condition negatively impacts the median nerve found in your hand which becomes flattened. Carpal tunnel syndrome is a painful condition that causes tingling sensations and/or weakness in your hand and forearm. According to Health and Safety Executive statistics 5,750 people were found to suffer from work-related carpal tunnel syndrome for which they received disablement benefit during the period from 2003 to 2013. The H & S report also found that around 90% of workers who suffered from carpal tunnel syndrome were male.

What Causes Workers to Develop Carpal Tunnel Syndrome

One of the most common causes of carpal tunnel syndrome in the workplace involves repetitive strain on a person’s wrists, hands or their fingers. If you developed the condition in the workplace, you could be entitled to seek compensation from your employer providing your claim meets specific criteria which is given in more detailed below.

What Symptoms Do Workers Experience With Carpal Tunnel Syndrome?

Some of the more noticeable symptoms that you may have developed carpal tunnel syndrome at work could include the following:

  • Extreme pain which can be so severe it prevents you from sleeping
  • Severe numbness that can negatively impact your thumb, index, ring and middle fingers
  • A difficulty gripping things which can affect how you operate machinery/equipment/tools

If you suffer from carpal tunnel syndrome, you may have to undergo surgery to alleviate the symptoms you are experiencing and it can take up to 3 months for you to fully recover from the surgery.

Would My Carpal Tunnel Syndrome be Valid?

If you experience any of the symptoms detailed above, you should consult your GP or medical specialist as soon as possible to have your condition correctly and professionally diagnosed. The criteria that must be met for your carpal tunnel syndrome claim against an employer to be valid are detailed below:

  • That you developed carpal tunnel syndrome in the workplace in the last 3 years
  • That your employer was negligent in their duty of care to keep you safe from developing a health condition in the workplace

The sooner you contact a personal injury claim solicitor the better because collecting all the evidence required can take a lot of time and effort. You would need to provide official medical reports detailing your symptoms and the prognosis. You would also need to provide proof that your employer could have set in place measures to reduce the risk of you developing carpal tunnel syndrome in the workplace if they had followed Health and Safety and other worker protection guidelines which they chose to ignore.

You are protected in the workplace by law with the relevant legislation being detailed below:

  • Health and Safety at Work Act 1974
  • Management of Health and Safety at Work Regulations 1999
  • Manual Handling Operations Regulations 1992 provides guidelines for health and safety in the workplace for people who work with “display screen equipment” which includes ergonomically designed work chairs

All of these laws place a duty of care on your employer which is to provide you with safe working conditions. On top of this, your employer must do the following:

  • Ensure that suitable equipment, machinery and tools are provided and that everything is in good working order
  • That you are provided with adequate safety training

When contacting a solicitor about your concerns, they would quickly let you know whether your employer was in breach of any of the laws that protect you in the workplace. Should it be found that your employer was “negligent” in their duty to keep you safe from harm at work, they could be held liable for you having developed work-related carpal tunnel syndrome and you could be entitled to seek compensation for the pain, suffering and loss of amenity you suffered.

How Do I File a Personal Injury Claim Against My Employer For Carpal Tunnel Syndrome?

Although you have 3 years to file a personal injury claim against an employer, the sooner you contact an accident at work solicitor, the sooner your case could go forward. Once they have had the time to evaluate your supporting evidence, the solicitor you contact would advise you on whether you have a strong carpal tunnel syndrome claim against your employer and that they could be held liable . The proof that would be required when filing a work-related carpal tunnel syndrome would include the following:

  • Medical reports of the symptoms you developed
  • Evidence that your employer failed in their duty to abide by legislation that is in place

The more evidence you can provide when filing a carpal tunnel syndrome claim against an employer, the stronger your case would be and the more chance there would be of the lawyer representing you on a No Win No Fee basis.

What Level of Carpal Tunnel Syndrome Compensation Could I Receive?

The level of carpal tunnel syndrome compensation you receive would depend on several things which includes how the condition negatively impacts your overall well-being and your ability to carry out the job you do. Your condition may be so severe that you may not be able to work again in which case the amount you receive would be substantially more.

Factors that would be taken into consideration when estimating the amount you receive in a successful claim against a negligent employer would include the following:

  • The severity of your condition
  • How long your injury lasted
  • The prognosis for your recovery
  • Any financial losses and expenses you incurred that can be directly linked to your medical condition
  • The medical treatment you underwent
  • Your pain and suffering
  • Loss of amenity which includes any personal adjustments you had to make not only to your working life, but social and personal life too
  • Loss of earnings and all future earnings
  • The cost of any ongoing, long-term medical care and therapy

What Damages and Losses Can I Include in My Carpal Tunnel Syndrome Claim?

You can claim general damages and special damages in your carpal tunnel syndrome claim against a negligent employer which are detailed below:

  • General damages cover your pain, suffering and loss of amenity. General damages are awarded as a way to compensate you for how your medical condition negatively impacts your life. The amount you are awarded would be based on the Judicial College guidelines. As an example, should your condition leave you with a disability, you may be awarded £16,500 in a successful carpal tunnel syndrome claim against your employer bearing in mind that all personal injury claims are unique which means you may receive more or less that the amount indicated
  • Special damages are much easier to calculate as the amount you would be awarded if your claim is upheld, would be based on your “actual” expenses plus other costs that were incurred and which can be linked to your medical condition. This would include any loss of wages, bonuses and other perks you missed out on when you were not able to work. Special damages also covers all surgeries you may have to undergo as well as therapies and other medical care that you need. You would also be able to include your travel expenses and all other financial losses you had to endure

Should I File a Carpal Tunnel Syndrome Claim Against My Employer?

Your rights are highly protected in the workplace which also means that should you suffer any sort of medical condition or injury you have the right to do the following:

  • Seek compensation for the pain, suffering and loss of amenity you had to endure

As previously mentioned, your claim would need to meet specific criteria for it to be upheld and you would need to file a work-related personal injury claim against your employer with 3 years of being made “aware” that you suffer from carpal tunnel syndrome.

Employers not only have a duty of care to keep you safe from harm in the workplace by providing a safe working environment, they also have to hold valid liability insurance. This insurance is a legal requirement and the policy must be issued by a known and recognised insurance provider. The level of cover must meet the legal requirement of £5 million and should your employer fail to have liability insurance, they would receive hefty fines from the enforcing authority.

Employee Injury At Work Advice

As such, when you can file for carpal tunnel syndrome compensation from an employer, it would be the insurance provider who pays the amount of money you receive. The insurance company would handle every aspect of your claim whether your employer admits liability or disputes your case. It is worth noting that the majority of personal injury claims are settled out of court but should your employer deny liability, it is best to leave all communication and negotiations to an experienced personal injury lawyer. The reason being that should an employer claim they are not responsible a lawyer would be in the best position to investigate whether this is so.

What are My Workers Rights If I Develop Work-related Carpal Syndrome?

As previously mentioned, you have specific worker’s rights and this includes being able to do the following if you develop any sort of medical condition or are injured in the workplace:

  • To seek compensation from an employer
  • That you would not be fired for seeking carpal tunnel syndrome compensation

If your employer objects to the fact that you want to seek compensation by filing a personal injury claim against them, or they tell you that you would lose your job for doing so, you should contact a lawyer without delay. The reason being that your employer would be acting unlawfully towards you and as such, you may be entitled to seek further compensation from them.

Does My Employer Have a Responsibility Towards Me in the Workplace?

Employers must abide by the law and the many “ worker’s rights” that protect you when you are in their employment and carrying out jobs that they task you to do. An employer’s responsibility towards you in the workplace includes the following:

  • That you are given adequate and ongoing training to carry out any jobs you are tasked to do in the workplace as safely as possible, thus reducing the risk of you developing a condition like carpal tunnel syndrome
  • That you are provided with the correct tools, machinery and equipment which must be in good working order
  • That risk assessments of a working environment are regularly carried out
  • To identify any hazards in the workplace and to put in place “reasonable” measures with an end goal being to reduce the risk of harm and injury to workers
  • To ensure that you are made aware of all working procedures and practices
  • To ensure that you are provided with the correct personal protective equipment to ensure you are able to carry out a job safely
  • To ensure that all laws pertaining to the maintenance and use of equipment, machinery and tools are adhered to

If your employer fails in any of the above and you suffer an injury or develop a medical condition like carpal tunnel syndrome, they could be held liable and you would have every right to seek compensation for the pain, suffering and loss of amenity you had to endure through no fault of your own.

What Are The Benefits of Working With a Solicitor on a Carpal Tunnel Syndrome Claim?

As with all personal injury claims, this type of case can be complex and as such it is important to get things right from the outset to avoid the legal pitfalls that could end your claim before it even starts. Having a solicitor represent you when filing a carpal tunnel syndrome claim against your employer means you have their legal experience working for you. Other advantages and benefits a lawyer would provide includes the following:

  • A solicitor would provide an initial, no obligation consultation for which there would be no charge. This initial consultation allows the solicitor to determine whether you have a strong work-related carpal tunnel syndrome claim and that your employer could be held liable
  • Once satisfied, the solicitor would handle every aspect of your claim which includes communicating with your employer and their liability insurance provider
  • Solicitors can refer to legal libraries when necessary which they can do when researching your claim against an employer
  • The solicitor would let you know at the earliest opportunity how much carpal tunnel syndrome compensation you may be awarded in a successful claim
  • A solicitor would make sure that interim payments are paid to you should your case take longer than usual to reach a final settlement
  • The solicitor would work hard to prove employer negligence should they deny liability
  • A solicitor would ensure that you are awarded the level of work-related carpal tunnel syndrome compensation to suit the injuries you suffered and out of pocket expenses you incurred through no fault of your own
  • The solicitor would ensure that you receive ongoing therapy should your medical condition be such that your require long-term treatment. This includes massage therapy, physiotherapy, osteopathy and any other treatment you may need on a long-term basis to alleviate the symptoms of carpal tunnel syndrome

Is There a Time Limit to Making a Work-related Carpal Tunnel Syndrome Claim?

You have 3 years from the date you were made aware by a medical professional that you are suffering from work-related carpal tunnel syndrome. The time the statutory 3 year time limit associated with a personal injury claim against a negligent employer begins does, however, depend on the circumstances surrounding your claim which is detailed below:

  • 3 years from being diagnosed or made aware that you suffer from carpal tunnel syndrome
  • 3 years from your 18th birthday should you have been diagnosed as suffering from the medical condition prior to you being 18 years of age

Could I Lose My Job Because I File a Work-related Carpal Tunnel Syndrome Against My Employer?

You cannot lose your job for filing an accident at work claim against your employer because you were injured in the workplace. Your employer would need to have another reason for firing you and it has to be valid or they would be acting unlawfully by asking you to leave your job. If you are treated unfairly, detrimentally or threatened with redundancy, you may be entitled to file further legal action against your employer and be awarded further compensation through an employment tribunal.

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

If you suffer from carpal tunnel syndrome and believe that your employer could have done more to prevent you from developing this painful condition, you have the right to seek compensation. Should it be found that your employer was negligent in their duty to keep you safe from harm and injury while in their employment, they could be held responsible and would have to pay you carpal tunnel syndrome compensation.

A solicitor who specialises in work-related personal injury claims would advise you on whether your carpal tunnel syndrome claim is valid and whether your employer could be deemed liable. Once a solicitor is happy that you have a strong case against your employer, they would agree to represent you without having to request that you pay an upfront fee or retainer for doing so. This is known as a No Win No Fee agreement between you and the solicitor you contact. The legal term for this type of contract is “Conditional Fee Agreement”.

The legal contract between you and the solicitor lays out the agreed “success fee/percentage” as well as the terms and conditions of the agreement. You would only have to pay the solicitor if your carpal tunnel syndrome claim is upheld and the “success fee” would be deducted from the amount of compensation you receive whether your claim goes to court or you are awarded an out of court settlement by your employer’s liability insurance provider. Should your case not be successful, you would not have to pay anything to the solicitor who undertook to represent you on a No Win No Fee basis when filing a carpal tunnel syndrome claim against a negligent employer.

Employee Injury At Work Advice

Informative Links

If you would like more information on carpal tunnel syndrome, the symptoms, diagnosis and treatments, the following link provides a lot of valuable information on this painful condition:

More about carpal tunnel syndrome

If you would like more information on your employer’s responsibilities in the workplace, please follow the link below:

Your employer’s responsibilities towards you in the workplace

Pre-existing Injury Made Worse At Work Can I Claim Compensation If an Accident at Work Injury Made a Medical Condition Worse?

Employee Injury At Work Advice

If you were injured in an accident at work and the injuries you sustained made a pre-existing condition that you suffer from worse, you could be entitled to seek compensation from an employer. However, proving that an injury you sustained through no fault of your own while carrying out a job an employer tasked you to do, aggravated a pre-existing illness or medical condition, can be more challenging. as such, you should seek legal advice sooner rather than later from a lawyer who specialises in this type of personal injury claim against an employer.

Seeking Independent Medical Advice is Essential

If an pre-existing medical condition or an illness you suffer from has been made worse by an injury you sustained in the workplace, it is essential that you seek independent medical advice as early as possible. This would be to determine that the workplace accident did in fact aggravate your medical condition. The report that an independent medical professional provides would be invaluable proof of your claim against an employer and would help establish their liability.

It is worth noting that the cost of seeking independent medical treatment can be included in your accident at work claim and as such all receipts must be kept which includes  the cost of the medical treatment/therapy and travel expenses that you incurred.

The longer you leave it to seek medical attention for a pre-existing condition that you believe has deteriorated due to being injured in a workplace accident, the more challenging it can be to prove you case. If you are uncertain on how best to proceed, you should seek legal advice from an accident at work solicitor who would offer essential advice on how to proceed. The solicitor would also arrange for you to be examined by a consultant or specialist with the end goal being to strengthen your case.

What is the Eggshell Skull Rule?

The Eggshell Skull Rule is also referred to as the Thin Skull Rule, refers to a legal principle which permits a defendant, in this case an employer to be held responsible in certain situations for injuries sustained in the workplace that aggravate pre-existing medical conditions. The situations that are covered by this legal principle include the following:

  • Because a defendant (employer) was negligent in their duty to keep employees safe from being injured which as a result aggravated a pre-existing illness or medical condition

Although the rule applies to injuries to the head, the principle has successfully been applied to other personal and accident at work claims. The reason being that the “Eggshell Skull Rule” as it stands means that a “defendant” has to accept the “victim” of an injury as they are found. An example being as follows:

  • An employee in a factory works with hot molten metal and a work colleague drops something into heated metal. This causes it to splash which land on the factory worker’s lip resulting in an extremely severe burn injury. The splashed molten metal also lands on the factory worker’s skin which happens to be pre-malignant tissue. This causes the factory worker to become seriously ill and suffering from cancer. Although the work colleague could not have known that the splashed molten metal would cause the factory worker such a serious injury and to develop cancer, an employer could still be deemed responsible under the Eggshell Skull Rule

What is the Definition of Pre-existing Medical Condition or Illness?

You may or may not know that you suffer from a pre-existing medical condition and as such when you are examined by a medical professional following an accident at work that leaves you injured, the doctor who examines you may state in their report that you do indeed suffer from a pre-existing medical condition and that this has been aggravated by the injuries you sustained in the workplace.

Even if the pre-existing condition you suffer from has never caused you pain and discomfort in the past, you can still file an accident at work claim against an employer to seek compensation for the injuries you sustained. Your employer may choose to deny liability stating that your injuries were pre-existing. As such, it is best that  you contact an accident at work lawyer who would investigate your case before advising you on how best to go forward and if you should seek compensation because your employer was negligent in their duty when you were in the workplace.

How to File an Accident at Work Claim Which Accelerates the Onset of a Medical Condition/Illness

If the injuries you sustain in a workplace accident accelerate the onset of an illness or medical condition, you could still file for compensation from an employer. However, it is best to seek the advice of a solicitor who specialises in this type of work-related personal injury claim as early as possible.

An example of this type of accident at work claim is detailed below:

  • If you suffer hearing loss having worked in a loud and noisy environment for a number of years. A doctor may find that you would sustain some hearing loss as you grew older, but that the noisy environment you worked in accelerated your loss of hearing even more

Should this be the case, the compensation you may be awarded in a successful work-related personal injury claim would be based on your “loss of amenity” between the early onset of your hearing loss and the time you would have suffered some hearing impairment due to your age. With this said, calculating just how much personal injury compensation you may be awarded in special damages could prove challenging but can be easier if you are able to provide valuable medical proof of your injuries and as soon as possible following a workplace accident.

What Losses and Damages Can I Include in an Accident at Work Claim?

You can include specific losses and damages in an accident at work claim for compensation for injuries you sustained through no fault of your own. However, the amount you may be awarded would depend on the extent of your injuries, how your life has been negatively impacted and whether your ability to work has been affected. With this said, personal injury compensation is divided into two distinct categories, namely general damages and special damages. These are detailed below:

  • General damages – you would be awarded general damages in a successful accident at work claim to compensate you for any injuries you sustained while you were at work. This includes the pain, suffering as well as your loss of amenity which means the loss of enjoyment of things you used to do prior to being injured at work. It is harder to calculate the amount of personal injury compensation you may receive because it would depend on the severity of your injuries and how your life is impacted which includes your ability to carry out the job you used to do or work again

Special damages – you would receive special damages which would compensate you for all the expenses you paid out as a direct result of having been injured in the workplace. As such, you would need to provide evidence of this expenditure in the form of receipts for the following:

  • Travel expenses
  • Medical expenses
  • Loss of wages and future earnings (this includes any bonuses and other benefits you may have missed out on due to having been injured in a workplace accident that prevented you from working for any length of time)
  • Other expenses that are directly linked to the injuries you sustained in an accident at work

Employee Injury At Work Advice

Should I File an Accident at Work Claim For Compensation Against My Employer?

Your rights as a employee are highly protected which includes when you sustain an injury in an accident at work. As such, you have a legal right to seek compensation from an employer providing that your case meets specific requirements. Firstly, that the accident at work happened in the last three years and secondly, that you were not responsible for the workplace injuries you sustained.

However, even being partly responsible for a workplace accident happening would not prevent you from filing an accident at work claim against an employer. The reason being that your case could involve “contributory negligence” on the part of your employer. Should this be the case, the amount you would be awarded if your personal injury claim is upheld would be less than the amount you would receive if your employer was fully responsible through negligence on their part.

Liability insurance is a legal requirement that all employers must abide by. As such, when you seek compensation for injuries sustained in the workplace, the insurance provider manages all aspects of the case and this includes accident at work compensation payouts. The insurer would handle your claim from the outset whether your employer admits liability or not.

With this in mind, it is far better to seek legal advice and legal representation sooner rather than later more especially as there are many legal pitfalls to negotiate which includes not only respecting the statutory 3 year time limit associated with personal injury claims but also the pre-action protocols that must be followed when filing an accident at work claim against a negligent employer.

Do I Have Specific Rights if I Am Injured in an Accident at Work?

Your rights as previously mentioned, are highly protected in the UK. Should you be injured in a workplace accident, you have the legal right to the following:

  • To file an accident at work claim against an employer without having to worry about losing your job or being treated unfairly
  • To seek an acceptable level of compensation for the injuries you sustained in an accident at work

You have the right to seek legal advice should an employer treat you unfairly or detrimentally because you choose to seek compensation for workplace injuries you sustained. If you are threatened in any way with redundancy or the sack, an employment lawyer would provide essential legal advice on how to file further legal action against your employer and this includes a detriment claim and an unfair dismissal claim.

What Are My Employer’s Responsibilities in the Workplace?

All employers throughout the UK are legally required to ensure that employees are kept safe from injury and harm while they are in their employment. Employers must make sure that a working environment is kept safe, clean and tidy. Other responsibilities that your employer must abide by include the following:

  • That all Health and Safety Regulations and other laws are respected
  • That employees are provided with adequate training so they can carry out their jobs as safely as possible
  • That employees are made aware of working practices and procedures which must be adhered to
  • That the correct PPE (personal protective equipment) is available when employees need to use it so they can do a job as safely as possible
  • That all machinery, tools and other equipment used in a working environment is correctly maintained and regularly serviced
  • That risk assessments are carried out in the workplace on a regular basis and that hazards are identified before measures are put in place to minimise harm and injury to workers

If your employer fails to abide by Health and Safety regulations and other laws, or they choose to ignore any of them which results in you suffering an injury in the workplace, you have the right to seek compensation. Your employer could be deemed responsible because they failed in their duty to keep you safe from injury and harm while carrying any work on their premises or offsite for them. This includes if an workplace injury results in making an pre-existing medical condition worse.

What is the Time Limit I Have to File an Accident at Work Claim Against My Employer?

Personal injury claims must be filed within the statutory 3 year time limit for them to be valid. However, the circumstances surrounding an accident at work does have a bearing on when the 3 year time limit begins which is explained below:

  • The time limit begins from the date you were injured in the workplace
  • The time limit begins when you turn 18 years old should the workplace accident have happened prior to this
  • The time limit begins from the date of an official diagnosis that you are suffering from a health issue linked to the workplace injury you sustained

Could I Lose My Job If I Claim Compensation for an Accident at Work Injury?

Under UK law, an employer cannot simply fire you because you seek compensation for injuries you sustained while carrying out a job you were tasked to do. An employer must have another valid and legally acceptable reason for sacking you if you file an accident at work claim. If they do threaten you with the door or redundancy, a lawyer who specialises in employment law may recommend that you file further claims against them for acting unlawfully against you.

Does Working With a Solicitor on an Accident at Work Claim Offer Any Benefits?

Accident at work solicitors have the necessary experience when it comes to representing defendants in work-related personal injury claims. They are aware of the complex legal procedure that must be adhered to which includes following pre-action protocols. Solicitors also have vast experience when it comes to communicating with liability insurance providers which in itself can speed up what can be a lengthy, complicated procedure and are aware of the legal pitfalls that can lead to a personal injury claim not being upheld.

Other benefits and advantages of contacting an accident at work lawyer when you are thinking about seeking compensation from an employer for injuries you suffered while at work, include the following:

  • An appointment with a specialist or consultant would be arranged on your behalf and the medical report that is provided would be used to calculate the amount of general damages you may be awarded in a successful accident at work claim against your employer
  • Once a solicitor establishes that your claim is valid and that an employer could be held responsible for the workplace accident that left you injured, they would represent you without having to request an upfront fee for doing so. This would involve signing a No Win No Fee agreement otherwise referred to as a Conditional Fee Agreement
  • Accident at work solicitors have the knowledge base required to communicate with insurance providers and can reference legal libraries when necessary
  • All pre-action protocols and the 3 year personal injury claim time limit would be respected
  • A solicitor would inform you as soon as possible of the amount of accident at work compensation you may be awarded in a successful case
  • Should your claim be complicated due to having suffered traumatic injuries, the solicitor would ensure that interim payments are negotiated until a final accident at work settlement can be reached
  • The amount of compensation you are awarded would be professionally negotiated on your behalf by a solicitor to ensure that it is acceptable and fair
  • The solicitor would ensure that you receive specialist treatment should this be necessary on an ongoing basis

Because accident at work claims tend to be complicated with many legal pitfalls to negotiate, it is essential that no errors are made from the outset which could negate a personal injury compensation claim.

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

When contacting a solicitor, you would initially be offered a no obligation consultation which is free of charge. This allows the lawyer to determine whether you have a valid accident at work claim and whether your employer could be held responsible for any injuries you sustained. Once this has been established, a solicitor would request that you sign a No Win No Fee agreement and once you enter into this legal contract, it allows the solicitor to begin investigating on your claim without having to request that you pay them a retainer otherwise known as an upfront fee.

As your case progresses, you would not have to pay any ongoing fees either, the only time that you would have to pay the “success fee” which is the agreed percentage of the total amount you receive in accident at work compensation, is when you win your claim against an employer. The “success fee” is deducted from the amount you are awarded in a successful work-related accident at work claim against an employer who was found liable for the injuries you sustained.

No Win No Fee agreements were first introduced to allow people who are injured through no fault of their own but because of negligence on the part of a third party, seek compensation for the injuries they sustained. If you are injured in the workplace through employer negligence and there is strong evidence that this is the case, a No Win No Fee solicitor would agree to represent you and would take on your accident at work claim on this basis.

Informative Links

If you are not sure of your worker’s rights and would like more information on the subject, please click on the link below:

More information about your rights in the workplace

If you were injured in the workplace and you were under the age of 18 and would like more information on your rights, please click on the link below:

More about your rights if injured at work when you were under 18 years old

Employee Injury At Work Advice

Noise Induced Hearing Loss Claims Guide – Can I Claim Compensation for Noise Induced Hearing Loss From My Employer? – Am I Eligible?

Employee Injury At Work Advice

Working in a noisy environment or operating loud machinery on a constant basis throughout the day, puts you more at risk of suffering from noise induced hearing loss or NIHL. The term is used to describe a multitude of different hearing issues which you may develop over time as a result of being exposed to loud noise in the workplace or if an extremely loud noise occurs close by.

Noise induced hearing loss is known to be among one of the biggest reasons for adult- onset deafness. If you suffer from the condition and would like to know if you can claim compensation for hearing loss from an employer, please read on.

Noise Induced Hearing Loss Explained

As previously touched upon the term “noise induced hearing loss” covers many different sorts of hearing ailments which includes the following:

  • Tinnitus – this is a hearing issue that causes ringing, whistling or buzzing in one of your ears but it can also affect both ears
  • Acoustic shock syndrome – this is a hearing issue that is caused through damage to your ear whether it is as a result of a single, extremely intense sound close to your ear, an example being an explosion, or through exposure to repetitive, sounds of high intensity when wearing a headset
  • Occupational deafness – a hearing issues that is the result of damage to your inner ear and which can cause either partial deafness or total deafness

It is worth noting that the damage caused to your hearing normally happens gradually over time with sounds becoming distorted or muffled making it that much harder for you understand what other people may be saying. When suffering from noise induced hearing loss which, in combination with ageing, it can lead to severe hearing loss and as a result you would have to wear a hearing aid in order to carry out normal communication with others.

Noise Induced Hearing Loss is One of the Most Reported Reasons for Adult-onset Deafness

Statistics published by The Health and Safety Executive have established that around 18,000 people suffer from noise induced hearing loss every year and their hearing was further negatively impacted by a noisy working environment. As such, there has been a large rise in the number of employees who file noise induced hearing loss claims which accounts for about 75% of industrial disease claims lodged against employers.

Should you have developed NIHL due to working in a noisy, loud environment or because you were subjected to a sudden high-intensity sound, you could be entitled to seek compensation from your employer, providing you claim meets specific criteria.

Workers Most at Risk of Developing Noise Induced Hearing Loss

The workers most at risk of suffering from hearing loss are those who work in areas where noise levels are higher than 80dBA. Constant exposure to this noise level over a longer time could result in permanent hearing damage with the effects typically being irreversible. The industries with the most reported instances of noise induced hearing loss includes the following:

  • Engineering
  • Mining
  • Car manufacturing
  • Shipyards
  • Construction
  • Road drilling

These are just some of the industries in which workers are effected by hearing loss of one nature or another, but there are plenty more. Should you have suffered hearing loss because of the environment conditions you work in, you could be entitled to seek compensation from an employer.

Would My Noise Induced Hearing Loss Claim be Valid?

There is a strict time limit to making a personal injury claim which is 3 years. As such, you must file a claim within the following timeline:

  • From the date you were exposed to a noise that resulted in your suffering hearing loss
  • From the date you were diagnosed as suffering from a hearing impairment that is directly linked to noise you were subjected to in the workplace – which is referred to as “date of knowledge”

It is worth noting that a personal injury solicitor would arrange for you to be examined by an audiologist and as such, you would not necessarily need  your condition diagnosed by another medical professional in order to file a noise induced hearing loss claim against your employer. The specialist would determine whether your hearing impairment is work-related or due to ageing and the report they produce would be a key factor when it comes to what level of compensation you may receive in a successful hearing loss compensation claim.

Your Employer’s Responsibilities in the Workplace

Your employer has a duty to keep you safe in the workplace which includes from injury and harm. Part of their duty of care is to ensure that workers are protected from noise which could lead to hearing impairment. The laws are covered by the following legislation:

  • The Health and Safety at Work Act 1974
  • The Control of Noise at Work Regulations 2005

Your employer must abide by the regulations that are set in place to protect from noise in the workplace and failing to carry out frequent risk assessments of noise levels can mean your boss is in breach of their duty. Should noise levels rise to levels of 80 to 85 decibels, the measures an employer must set in place are detailed below:

  • To install quieter equipment/machinery
  • To install absorbent materials and/or sound barriers
  • To shorten the length of time you work in such a noisy environment
  • To provide adequate personal protective equipment (PPE) which includes earplugs

Should your employer fail to set in place any of the above and you suffer some sort of work-related hearing loss, it could entitle you to seek compensation by filing an accident at work claim against them.

Employee Injury At Work Advice

Can I Still Make a Noise Induced Hearing Loss Claim If My Employer No Longer Trades?

Even if your employer has gone out of business for whatever reason, you could still be entitled to file a noise induced hearing loss claim against them. With this said, you would need to have the details of your employer’s insurance provider in order to do so. This information can be found at the Employer’s Liability Trading Office.

Once you have contacted the insurer, a solicitor who represents you, would formally negotiate a settlement with the provider. It is worth noting, however, that if your employer’s insurance provider disputes your accident at work claim for loss of hearing, and the company has been dissolved, you may find that it would be necessary for the business to be restored through the Register of Companies which are held at Companies House. Because this can be a complicated legal process, it is best left to an experienced personal injury solicitor to carry out.

What Compensation Could I Receive for Noise Induced Hearing Loss?

The level of compensation you may be awarded in a successful work-related hearing loss claim would depend on the following which would be factored into the amount you receive:

  • The severity of the work-related hearing loss you sustained and its type
  • How your life and overall health and well-being have been negatively impacted

The more your condition affects your future life, the more compensation you would be awarded, whether your case goes to court or a settlement is reached beforehand. General damages are awarded for the pain and suffering you experience and special damages are awarded for all the financial losses and expenses you incur as a direct result of having develop hearing loss due to your work environment. Special damages would cover the following:

  • Loss of wages and future earnings
  • Medical costs and expenses
  • Travel expenses
  • Hearing aids which includes replacements and batteries
  • Specialist treatment for tinnitus which includes counselling and “de-tinnitising amplifiers”
  • Training for sign language
  • Home adaptations which includes adapting telephones, alarm clocks and door bells

As such, the Judicial College guidelines for the amount you may be awarded in successful hearing loss claim, are as follows:

  • Hearing loss/mild tinnitus – you may receive anything from £3,000 to £7,000
  • Hearing loss/moderate tinnitus – you may be awarded anything from £7,000 to £19,000
  • Deafness (total) in both of your ears with tinnitus – you may receive anything up to £70,000

The amounts provided are just a guideline of the compensation you may receive, bearing in mind that every personal injury claim is treated as unique. As such, you may find that you are awarded less or more that the amounts indicated above.

What are My Workers Rights if I Develop Noise Induced Hearing Loss in the Workplace?

All worker’s rights are very protected in the United Kingdom which means that should you develop any sort of medical condition linked to the job you do and this includes any sort of hearing loss, you have the legal right to do the following:

  • To seek compensation from an employer as long as they are liable
  • That your position and job is safe, even if you file a hearing loss claim

Should your employer object or feel threatened with the sack or redundancy, you should discuss your concerns with an employment lawyer who may advise you to take further legal action out against your employer.

What is the Time Limit to Filing a Noise Induced Hearing Loss Claim?

The time limit for filing a hearing loss claim is 3 years from the date you were diagnosed by a medical professional as having developed the condition. The diagnosis has to prove that your hearing loss is due to the environment you work or worked in. With this said, should you be under the age of 18 when the damage was done to your hearing, the time limit to making an accident at work claim, would begin the day you turn 18 years of age.

Waiting for too long could mean you would not be able to seek the compensation you deserve for having developed a hearing loss condition that can be directly associated with the job you do or did. Even if there is few months left on the statutory time limit, you may find that a solicitor may not wish to represent you on a No Win No Fee basis because there would not be enough time to gather all the evidence required to prove your claim against a negligent employer.

Are There Any Benefits to Working With a Solicitor on a Noise Induced Hearing Loss Claim?

Accident at work claims are complicated, legal processes more especially when work-related health issues are involved. As such, having a lawyer guide you through the process of making a hearing loss claim against an employer can make the procedure a lot simpler all round. The benefits and advantages of having legal representation includes the following:

  • A lawyer would establish you have a claim by offering a no obligation, free initial consultation which would typically either be over the phone or if your case is more complex in a meeting with the solicitor
  • A solicitor would agree to work on your claim on a No Win No Fee basis should they believe you have a strong case against a negligent employer who failed to keep you safe from harm and injury in the workplace
  • A specialist personal injury lawyer has access to all the legal libraries which they can reference when establishing your claim
  • Lawyers have vast experience when it comes to corresponding with liability insurance providers
  • A solicitor would guide you through the process of gathering all the relevant information needed to prove your claim
  • A lawyer would be able to negotiate an acceptable and fair level of compensation for you
  • A solicitor who handles accident at work claims would arrange for you to be examined and treated by specialists and consultants in the private sector
  • A lawyer would negotiate “interim payments” for you should your case be complex and therefore the final settlement may take longer to be awarded

Having the experience of an accident at work lawyer work on your hearing loss claim, can help speed up what can otherwise be a long drawn out, complicated legal process which needs to be adhered to correctly right from the outset of filing a claim.

Can My Employer Fire Me For Filing a Noise Induced Hearing Loss Claim?

Worker’s rights are protected and as such, an employer cannot treat you unfairly nor can they fire you if you seek compensation from them. If you are threatened with the sack or redundancy because you file a hearing loss claim, you should seek legal advice from an employment solicitor before doing anything else which includes resigning from your job. The reason being that you could be entitled to take further legal action out against an employer should they threaten you or object to you seeking compensation because they would be breaking the law.

Would a Solicitor Work on a No Win No Fee Basis on My Hearing Loss Claim?

Providing you can prove your claim against an employer and have strong evidence that your hearing loss can be put down to the environment you work or worked in, then a lawyer would agree to work on your case by signing a No Win No Fee agreement with you. The more in the way of proof you can provide, the stronger your hearing loss claim would be and as such, a lawyer would be happy to represent you without having to request an upfront fee or any ongoing fees from you as your claim progresses.

Conditional Fee Agreements allow for a solicitor to begin work on a hearing loss claim by contacting your employer’s liability insurance providers. All employers are obliged to hold valid liability insurance and as such it is the insurance company who would deal with every aspect of your case and this includes the settlement you receive in a successful hearing loss personal injury claim.

The CFA is a legal contract that outlines the percentage known as a “success fee” that you agree to pay the solicitor but only if you win your hearing loss claim and the amount is deducted from the settlement you receive. Should you loss your case, you would not have to pay the “success fee” because you signed a No Win No Fee agreement with the lawyer. A Conditional Fee Agreement also sets out the Terms and Conditions of the contract which provides essential information when it comes to the obligations the No Win No Fee lawyer undertakes when representing you.

Informative Links

To find out more information about noise induced hearing loss, the following link takes you to the NHS website that offers essential reading on this medical condition:

More about noise induced hearing loss

If you would like more data on the personal protective equipment regulations in the UK, please click on the link below:

More about personal protective equipment regulations in the UK

Employee Injury At Work Advice

Zero-hours Contract – Can I Claim Compensation For A Accident At Work If I Am On a Zero-hours Contract? – Personal Injury Claims

If you are a zero-hours contract and you are injured in an accident at work due the negligence of an employer or other third party, you might be entitled to claim compensation. If your claim meets the necessary criteria, you could receive accident at work compensation for the losses and damages you suffered by filing a personal injury claim against an employer, to find out more, please read on.

Employee Injury At Work Advice

What is the Definition of a Zero-hour Contract?

Sometimes known as a “casual contract”, a zero-hour contract refers to when you provide casual work for an employer. It is an agreement between an employer and you where the employer does not have to guarantee that you are provided with regular work and you are under no obligation to take on the work when it is available.

If you are self-employed, you may accept to work for an employer on a zero-hours contract. However, your status as a self-employed worker does not change if you do accept the work. Should you not be “self-employed” and you agree to work for an employer under a zero-hours contract, you would be classed as an employee of the business, company or organisation or you could be categorised as a “worker”.

How Do I Establish My Employment Status Under a Zero-hours Contract?

When it comes to establishing an employer’s responsibility towards you when you work for them under a zero-hours contract, it would depend on how much influence an employer has over you and the work you are tasked to carry out for them under the terms of your contract. The same applies to employment agencies. You have “worker’s rights” when it comes to an employer taking “reasonable care” of a working environment and the premises you work in which is covered under the Occupier’s Liability Act 1957.

As such, whether your “employee rights” have been established or not, if you were injured in an accident at work and you are under a zero-hours contract, you should discuss your case with a solicitor who specialises in this type of claim. You could be entitled to seek compensation from an employer because under the government’s “Department for Business, Energy and Industry Strategy”, the following applies:

  • That all workers who are employed on a zero-hours contract have statutory “employment rights”

It also states that no exceptions exist and that any person working on a zero-hours contract who is classed as a “worker” shall be entitled to receive the “National Minimum Wage” and should receive annual leave and be given adequate rest breaks and should be protected from discrimination in the workplace.

When your employment status changes from being a “worker” to becoming an “employee”, you would be entitled to further employment rights. This includes statutory notice rights. An employer may also request that you accept working a specified number of hours which would be part of and written into your employment contract.

What Happens if I Am Injured in a Accident at Work and I Am on a Zero-hours Contract?

Should you be involved in an accident at work and you suffer injuries because of employer negligence, you could be entitled to seek compensation by filing a personal injury claim no matter what type of employment contract you agreed to work under. An employer must ensure the following in the workplace:

  • That the environment you work in is kept clean, tidy and safe
  • That you are provided with adequate training to carry out a job safely
  • That all tools, machinery and equipment is kept in good working order
  • That adequate personal protective equipment is provided and is kept in good condition

If an employer fails in any of the above and the conditions you are asked to work in are unsafe which results in you suffering injuries, just because you are on a zero-hours contract should not prevent you from seeking compensation by filing an accident at work claim against the employer.

If I File an Accident at Work Claim, Would I Be Putting My Zero-hours Contract at Risk?

The laws and regulations are there to ensure that all workers are treated fairly in the workplace, regardless of the type of employment contract that is entered into with an employer.

An employer would be acting unlawfully if they choose to fire or suspend you because you choose to file a personal injury claim against them. An employer is bound by the Terms of an employment contract which means that should you be fit to work and your contract stands, you cannot be fired because you decide to seek compensation from them.

Should your injuries be such that you have to take time off, the terms of a contract would still apply no matter what reason exists for you having to take time off work. It is worth noting that should an employer make life difficult for you because you have filed a work-related personal injury claim against them, you have the right to look for work elsewhere even if you remain under contract with the employer in question. The reason being that the “Small Business, Enterprise and Employment Act’ does not permit any exclusivity clauses or any terms when it comes to zero-hours contracts.

Employee Injury At Work Advice

What Should I Do Following an Accident at Work If I Am on a Zero-hours Contract?

Should you be injured in an accident at work and you are under a zero-hours contract, you should do the following:

  • Report the accident to the employer or person in charge as soon as possible following the incident
  • Make sure the incident is recorded in the work’s accident report book or sent to an employer by some other official means whether in a personal email or written letter
  • Collect names of all witnesses and their contact details
  • Take photos of the injuries you sustained and where the workplace accident occurred
  • Record details of the circumstances leading up to the accident at work
  • Make sure the accident and your injuries were reported to RIDDOR should the incident have been a “reportable accident”

The more information you can provide of the workplace accident in which you were injured, the better because it would strengthen you claim and would help an accident at work lawyer build your case against an employer. The stronger you claim is, the more chance of a solicitor representing you on a No Win No Fee basis too.

What Are My Rights When it Comes to Being Protected at Work?

Under Health and Safety at Work Regulations 1999, all employers must provide you with adequate training so that you are able to carry out the jobs you are tasked to do as safely as possible. Employers must also ensure that all working practices are safe and that machinery, tools and equipment are maintained in good working order.

Should an employer fail to do any of the above and you are injured in a workplace accident, you have the right to seek compensation even if you are on a zero-hours contract.

What Happens if an Employer Ignores the Regulations and Laws?

Not all employers fully appreciate or understand their legal responsibilities in the workplace. Some employers even ignore them with the end result being that a working environment may not be as safe as it should be for you to be in. If you are injured in an accident at work and an employer decides to fire you or force you to leave by treating you detrimentally or unfairly, they would be acting unlawfully. The law is very clear in this matter and should this be the case, you could be entitled to file a constructive or unfair dismissal claim against an employer on top of an accident at work claim.

Who Pays Accident at Work Compensation If I Win My Case?

All employers in the UK are legally obliged to hold valid liability insurance which covers accidents and injuries as well as work-related medical conditions that you may suffer while working for an employer. When you make a personal injury claim against an employer, it is the insurance provider who deals with all aspects of a case from the start through to the finish. In short, it is the insurance company that pays the accident at work compensation you are awarded whether this is through a court or in an out of court settlement.

It is also worth noting that should your employer have gone out of business or ceased trading, you would still be entitled to seek compensation for workplace injuries you sustained because the liability insurance provider would still be operating. An experienced accident at work lawyer would contact the insurance provider on your behalf when you decide to file a work-related personal injury claim against an employer who is no longer trading.

What if There is No Record of the Accident, Would My Personal Injury Claim be Valid?

An employer has a duty to make a record of all workplace accidents and injuries that employees may sustain while in their employment. Should an employer fail to record the incident in an accident report book, you may still be able to file a claim for compensation although your case may be weaker than if there was an official accident report. You would have to provide as much evidence as possible to strengthen your case which an accident at work solicitor would use to build on. The rule of thumb is that the more evidence you can provide, the better the chance of you successfully filing an accident at work claim against a negligent employer.

Is An Employer Legally Obliged to Keep an Accident Report Book?

Employers and other people who are in “control” of premises are legally required to keep records of workplace accidents, injuries, dangerous occurrences and work-related medical conditions as stated by Health and Safety Executive regulations. With this said, the records of workplace incidents can be kept other than in an accident report book although this is the preferred method. The reason being that keeping an accident report book meets the Data Protection Act requirements.

It is also worth noting that some workplace accidents are reportable to RIDDOR – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 –  and the same applies to any incident where a worker is obliged to take more than 7 consecutive days off work if they are injured in an accident at work.

As previously mentioned, accident report books are the preferred method of recording workplace injuries and accidents for the following reasons:

  • The time, date and place is officially recorded
  • The personal information of all persons involved are recorded
  • A brief account of the accident is recorded
  • Details of treatment offered and advice that was given is recorded

It is worth noting that an employer is required to keep records of workplace accidents and injuries for a minimum of three years.

How Do I Prove an Accident at Work Claim?

For your accident at work claim to be valid, you would need to do the following:

  • Provide evidence of when the workplace incident occurred
  • Provide evidence of where the accident at work happened
  • Provide evidence of how the incident that left you injured occurred
  • Provide evidence of employer negligence and liability

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

Not having a record of an accident at work could in itself be deemed negligent on the part of an employer. However, an incident may not have been recorded by mistake because of the seriousness of an accident and the injuries sustained. Should this be the case, a report can be logged as soon as possible afterwards which is perfectly acceptable. Other proof and evidence that can strengthen your claim against an employer could include the following:

  • Medical reports detailing the extent of your injuries and even any minor symptoms you may have suffered
  • CCTV footage of the accident if available. An employer must provide this when they are requested to and they should do so in a timely manner

What Can I Include in My Accident at Work Claim If I am on a Zero-hours Contract?

Accident at work compensation is broken down into two separate categories which are as follows:

  • General damages are awarded to compensate an injured party for all the suffering, pain and loss of amenity they had to endure through no fault of your own having sustained injuries in workplace accident. It is worth noting that the level of personal injury compensation you may be awarded would depend on several things which includes the severity of your injuries and how they impact your future life. As such, it is harder to calculate general damages and offer an estimate on how much you may receive if your case is upheld
  • Special damages are awarded to compensate an injured party for out of pocket expenses incurred as a result of having been involved in an accident at work. This includes medical expenses, travel costs, care costs and all other expenses you had to pay out because you were injured in a workplace accident. It is easier to both calculate and estimate the amount of special damages you would be awarded but you would need to provide evidence of your expenditure in the form of official receipts which an accident at work lawyer would present when calculating the level of special damages you may receive

Should I Sue My Employer If I Am Injured in an Accident at Work?

Anyone who is injured in the workplace has the right to seek compensation for the pain, suffering and loss of amenity they had to endure, providing their case meets the necessary criteria attached to work-related personal injury claims against employers.

Having to take time off work means not bringing in your normal wage which could make it harder for you to pay necessary bills and other financial outlays. This can make an already difficult situation harder to cope with at a time when you should be focussing on recovering from the injuries you sustained in an accident at work. As such, filing a claim for compensation from an employer would help you cope allowing you to concentrate on recovering and getting back to work.

An accident at work solicitor would make sure that you have gathered all the necessary information relating to your case and would work hard to ensure that you receive the level of personal injury compensation you would be entitled to. An experienced solicitor would make sure you are compensated for all the expenses you had to deal with and would ensure that you receive ongoing treatment and therapy should this be necessary.

Liability insurance is a legal requirement that all employers must abide by and as such, when you make an accident at work claim and seek compensation from your employer for injuries you sustained, it is the insurance company that deals with your case and this includes negotiating the compensation you would be awarded. It is also noteworthy that 95% of personal injury claims never get to court with insurance providers preferring to negotiate out of court settlements.

What Is The Time Limit to Making an Accident at Work Claim?

There is a statutory time limit that must be respected if you are thinking about seeking compensation for a workplace injury you sustained. Failing to respect the 3 year time limit could mean you lose out on receiving compensation even if you have all the required evidence of employer negligence. However, the time the statutory 3 years begins depends on the circumstances surrounding an accident at work which is detailed below:

  • Three years from the date you were injured in an accident at work
  • Three years from your 18th birthday if you were injured before this date
  • Three years from the time you were diagnosed with a medical condition that is directly linked to the injuries you sustained in a workplace accident

What Are the Advantages of Having a Solicitor Work on an Accident at Work Claim?

Accident at work lawyers have vast experience in handling and winning claims for employees who are injured at work. They have the ability to access legal libraries which they can reference when researching your work-related personal injury claim. However, one of the main benefits of contacting a lawyer when you want to seek compensation from an employer, is that they would arrange for a specialist or consultant to examine you and the medical report produced would be used as the basis of general damages you could be awarded in a successful accident at work claim.

Other advantages include the following:

  • A solicitor would agree to represent you on a No Win No Fee basis once they are happy that your claim against an employer is strong and that they can be held liable for the injuries you sustained
  • There would be no upfront fee or any ongoing fees to find either
  • A solicitor would let you know early on how much personal injury compensation you could be awarded in a successful claim
  • The solicitor would ensure that pre-action protocols and the 3 year time limit is respected
  • A solicitor would work hard on your behalf to ensure that you are awarded a level of accident at work compensation that suits the injuries and hardship you had to endure
  • The solicitor would make sure you receive interim payments should a final settlement take longer to reach
  • A solicitor would arrange that you receive the right kind of ongoing therapy should this be necessary

Conditional Fee Agreements (CFAs) allow solicitors to work on your behalf and you would only have to pay an agreed fee known as a “success fee” when you receive the personal injury compensation you claimed for the workplace injuries you sustained. If your case is not successful, because you signed a No Win No Fee agreement with the solicitor, there would be nothing to pay for the legal representation you received.

Informative Links

If you would like to find out more information about the Occupier’s Liability Act 1957, please click on the link below where you will find valuable information on what the law covers:

The Occupier’s Liability Act 1957

To find out more about the Small Business, Enterprise and Employment Act (SBEE), please click on the link below:

Small Business, Enterprise and Employment Act (SBEE)

Employee Injury At Work Advice

 

Can I File an Accident at Work Claim If I Don’t Take Any Time Off? – A Guide To Work Accident Claims Calculate Amounts — Draft

If you sustained injuries in an accident at work and you were not responsible but think your employer was negligent or because a work colleague made an error of judgement, you could be entitled to seek personal injury compensation. Even if your injuries are minor and you do not need to take time off work, you could still be entitled to file a claim against your employer.

Employee Injury At Work Advice

Not taking time off work following a workplace accident that leaves you injured, does not affect your right to seek accident at work compensation, to find out more, please read on.

Accident at Work Statistics

Health and Safety Executive Accident at Work Statistics for the period from 2016 to 2017 showed that 1.4 million employees suffered from some kind of work-related medical condition and that 144 workers were involved in fatal accidents in the workplace.

Other statistics published by a Labour Force Survey showed that 555,000 workers suffered injuries while at work and that under RIDDOR, 71,062 employees sustained reportable injuries in the workplace. The cost of ill-health and injury in the workplace is estimated to be around £15 billion for the same period.

Should I Take Time Off Work If I Am Injured in an Accident at Work?

You are not obliged to take time off work in you suffer injuries in an accident while working and it does not affect your ability to claim compensation if you do not take time off. As such, the decision to be off work lies entirely on the extent of your injuries and your ability to work. However, there are several things to consider before making a final decision of whether to continue working or not if you were involved in an accident at work which resulted in you being injured. These are as follows:

  • The sort of injury you sustained and the extent of your injuries
  • What your job entails – should your job be physically demanding you may not be able to work during your recovery. However, if you job is less demanding you could carry on working and not take any time off
  • The recommendations of a medical professional. A doctor may advise that you need time off to recover from your injuries and to undergo rehabilitation if required. It is also worth noting that if you return to work too early, it could exacerbate your injuries

If you do need to take time off work, you must abide by your employer’s procedure when it comes to reporting any absences from the workplace. You can “self-certify” yourself but only for seven days after which time a doctor would need to provide an official medical note to your employer.

What Happens if I Do Not Take Time Off Work Following an Accident in the Workplace?

Should you choose to carry on working after suffering an injury in the workplace, you must ensure that the incident is officially recorded in an Accident Report Book or by some other official means which could be a letter or personal email to your employer.

An employer should do all they can to help you recover from any injuries you sustained by ensuring the work you are tasked to do is not too demanding. Your employer should also set in place reasonable measures to reduce the risk of the same accident at work happening again to another person or work colleague.

If I Carry On Working After My Injury at Work, Would it Affect My Claim?

It should not affect your accident at work claim if you remain at work providing there is sufficient evidence that the incident occurred in the workplace and that it was due to the negligence of an employer or because of an error on the part of a work colleague. With this said, even if you believe you are partly responsible for your injuries sustained at work, your employer could also be held partly liable which is referred to in law as “contributory negligence”.

The sort of evidence you would need to prove your claim includes the following:

  • Medical reports
  • Accident book records
  • Witness statements and their contact details
  • Photos of your injuries and where the accident occurred
  • CCTV footage if available

It is worth noting that if you do not take time off work following an injury sustained in a workplace accident, you would not be able to claim “lost wages”, but you would be able to claim other losses and damages which includes out of pocket expenses incurred due to being injured in an accident at work.

What Level of Compensation Could I Get For an Accident at Work Injury?

The level of accident at work compensation you may be awarded if your case is upheld would depend on how severe your injuries are bearing in mind that lost wages and future earnings would not be included in the amount you receive. The reason being that you continued to work after being injured. With this said, you would be able to claim general damages and special damages which are explained as follows:

  • General damages are awarded as a way to compensate you for any workplace injuries you sustain. In short, these damages cover the pain, suffering and loss of amenity you may have to endure having suffered a workplace injury
  • Special damages are awarded to compensate you for any out of pocket expenses you may have incurred because you were injured in a workplace accident. However, as previously mentioned, if you do not take any time off work after being injured, you would not be able to include loss of wages and future earnings but you would be able to claim medical and travel expenses

Should I File an Accident at Work Claim Against My Employer?

All employees have rights which includes when suffering any sort of injury in the workplace. As such, even if you do not take any time off to recover from your injuries, you have the legal right to claim compensation from an employer providing your case meets the required criteria. This is that the incident occurred in the last three years and that you were not responsible for the injuries you sustained.

However, if you think you may be partly responsible for the accident at work injuries you sustained, you should still discuss your claim with an accident at work lawyer. The reason being that even if you were partly responsible, you may be able to file a contributory negligence claim against your employer because they could be held partly liable for the injuries you suffered.

Employers are legally bound to hold liability insurance to cover accidents in the workplace that result in employees being injured. The policy also covers employees who develop work-related medical conditions. In short, when you make a personal injury claim against an employer, it is the insurance provider that handles the case from the outset whether your claim is disputed or not.

Should your personal injury claim be upheld, it is the insurance company that pays out the compensation you are awarded. It is also worth noting that most personal injury claims never go before a judge with the majority of liability insurance providers prefer to come to an “out of court” settlement with claimants.

Do I Have Workers Rights If I Am Injured in an Accident at Work?

Your worker’s rights are clearly defined in the law and employers must abide by them. If they do not, employers would be acting unlawfully. In short, your employer cannot object or prevent you from seeking compensation from them if you are injured while carrying out your job. Should you be treated unfairly or detrimentally because you file an accident at work claim against your employer, you should discuss your concerns with a solicitor who specialises in employment law. The reason being that you could take further legal action out against your employer.

Your worker’s rights if you are injured in a workplace accident are as follows:

  • The right to seek compensation for any workplace injuries you sustained
  • The right to file an accident at work claim without having to worry about losing your job

If an employer is deemed to be acting unlawfully because they attempted to prevent you from seeking compensation for workplace injuries you sustained, you should contact a lawyer immediately. You could have a strong case to file more legal actions against your employer on top of the accident at work claim.

Employee Injury At Work Advice

Does An Employer Have Responsibilities in the Workplace?

All employers have to make sure that a working environment is safe, clean and tidy for you to work in. Employers must abide by Health and Safety Executive regulations and laws that are set in place to reduce the risk of harm and injury to employees, workers and other people who visit a workplace. Should an employer choose to ignore regulations or show negligence in any area that puts you at risk of being injured or harmed while you are carrying out work for them, they would be acting unlawfully and therefore be held liable for any injuries you sustained in the workplace.

Your employer’s responsibilities towards you in the workplace include the following:

  • To ensure that a working environment is kept tidy, clean and safe
  • To ensure that you are provided with adequate and ongoing training so that you can carry out the jobs you are tasked to do safely
  • To ensure that tools, equipment and machinery you use is in good working order and correctly maintained
  • To ensure that you are provided with the correct personal protective equipment when needed to carry out a job safely
  • To ensure that risk assessments are carried out on a regular basis and that all reasonable measures are put in place to reduce the risk of harm and injury to employees and other people
  • To ensure that you are provided with detailed working practices and procedures

Should an employer not do any of the above and you are injured while carrying out a job whether onsite or offsite, your employer could be liable for any injuries you sustained. As such, you should seek legal advice from an accident at work lawyer who would offer essential legal advice on the strength of your claim.

Is There a Time Limit To Making an Accident at Work Injury Claim?

You would have 3 years to file an accident at work injury claim against your employer. However, this statutory 3 year time limit can begin at different times depending on the circumstances surrounding a workplace accident. This is detailed below:

  • The statutory 3 year time limit begins from the date you suffered a workplace injury
  • The statutory 3 year time limit begins from the date you are diagnosed as suffering from any sort of medical condition that can be linked to an injury you sustained in an accident at work
  • The statutory 3 year time limit begins from your 18th birthday should the workplace accident that left you suffering from an injury have occurred prior to this

Although 3 years seems like long enough to file a personal injury claim, collecting all the proof and information required is time consuming, more especially if you need to gather witness statements, medical reports and other vital information that would strengthen a claim against an employer. Should your employer choose to deny your claim, investigating their claims can also be time consuming. In short, it is far better to begin an accident at work claim sooner rather than later.

Can My Employer Fire Me For Filing a Work-related Accident Claim?

You cannot lose your job because you seek compensation for injuries sustained at work nor can an employer treat you unfairly for doing so. Should your employer object and make life so difficult for you that you feel you have to resign from your job, you should contact a solicitor because you may be able to file further legal action against your employer and be compensated not only for the injuries you sustained, but for unfair dismissal amongst other things too.

What Advantages Can A Solicitor Offer Me on My Accident at Work Claim?

As with most legal processes, accident at work claims can be complex and proving liability for any injuries you sustained, whether minor or more severe, can prove challenging. Should an employer choose to deny responsibility, proving this not to be the case takes time and legal expertise. Negotiating the legal pitfalls is also something to bear in mind because if you get things wrong at the outset, it could slow down your claim considerably and may even result in not getting the accident at work compensation you may deserve.

In short, having the experience of an personal injury solicitor work on your claim offers many advantages right from the outset and this includes the following:

  • Your claim would be assessed in a no obligation, free initial consultation
  • Once happy your case against an employer is valid and that the chance of winning your accident at work claim is strong, you would not have to pay the solicitor for representing you because they would offer to work on your case on a No Win No Fee basis
  • You would not have to find the money to pay for ongoing fees as your claim progresses
  • You would be examined by an independent specialist who would produce a detailed medical report on the injuries you sustained and the prognosis
  • You would be made aware of the level of accident at work compensation you may receive in a successful claim as early as possible
  • You would receive interim payments should your claim be complex and therefore a final settlement takes longer to reach
  • Should your injuries be severe, specialist therapy would be arranged for you on a long-term basis
  • The level of accident at work compensation you receive in a successful claim would be fair and acceptable to match the level of the workplace injuries you sustained

These are just some of the benefits and advantages an accident at work lawyer can offer you when seeking compensation for injuries you sustained while you were at work, whether you had to take time off or not.

If I Don’t Take Time Off, Would a Solicitor Work on My Accident at Work Claim?

Even if you choose not to take time off work following an accident that left you injured, a solicitor would take on your claim providing it meets the necessary criteria. The solicitor you contact would need to assess your case against an employer to determine whether they could be held responsible for the injuries you sustained due to negligence. It could be that the accident was caused by a work colleague, in which case, your employer could still be held liable.

When you contact an accident at work solicitor, they would offer you a free initial, no obligation consultation. You would be given the opportunity to state your case against an employer so that the solicitor can assess whether you could claim accident at work compensation from them for the injuries you sustained. Should this be the case, the solicitor would typically represent you by signing a No Win No Fee agreement with you. In short, you would not have to find the money to pay for their legal representation.

When you sign a No Win No Fee agreement with a solicitor, it allows them to begin investigating your accident at work claim by contacting your employer and their liability insurance provider to let them know of your intentions. Should your employer refuse to accept liability, the solicitor would immediately investigate their claims with an end goal being to get your employer to accept the fact they are responsible for the workplace injuries you sustained, no matter how minor or severe they are and whether or not you took time off to recover.

The solicitor would begin negotiations with your employer’s insurers because all employers in the UK are legally required to hold valid liability insurance. In short, it would your employer’s insurance provider who communicates with the solicitor directly whether your claim is disputed or not.

If your employer accepts responsibility for the injuries you suffered in an accident at work, the chances are that the insurer would offer an initial settlement figure which your solicitor would recommend you do not accept. The reason being that they believe a more substantial final settlement could be reached and as such, negotiations would continue until an acceptable level of workplace injury compensation is reached which would match the level of pain, suffering and loss of amenity you had to endure.

Employee Injury At Work Advice

Informative Links

If you would like more information on the accident at work statistics in the UK, please click on the link below where you will find essential reading on the subject:

Accident at work statistics

If you were injured in the workplace and would like more information on personal injury time limits, the following link provides more information on when the statutory 3 years may begin:

More about the 3 year statutory personal injury time limit