Can I Sue My Employer for Post-traumatic Stress Disorder? – A Guide To PTSD At Work Claims Calculate Amounts

You could suffer post-traumatic stress disorder (PTSD) if you have witnessed a serious accident at work or been involved in an extremely stressful incident in which you sustained an injury. The condition is a psychiatric disorder that can seriously and negatively impact your life and your ability to work. If your symptoms last for over a month following an accident at work, your condition would be classed as post-traumatic stress disorder and you may be able to claim compensation providing the incident occurred in the workplace in the last three years through no fault of your own.

Employee Injury At Work Advice

What Are The Symptoms Of Post-traumatic Stress Disorder?

Symptoms associated with post-traumatic stress disorder can vary in severity and can affect people in many different ways. The most common post-traumatic stress disorder symptoms are listed below:

  • Stressful memories of a traumatic work-related accident, near miss or event
  • Distressing flashbacks of an incident that occurred in the workplace
  • Constant nightmares
  • Irritability
  • Stress and anxiety
  • Emotional stress
  • An inability to focus and concentrate
  • A feeling of numbness

You may also experience physical effects of post-traumatic stress disorder which could include the following:

  • Nausea/sickness
  • Dizziness
  • Aches and pains
  • Trembling

You may even feel that taking legal action out on your employer could be too overwhelming, but an experienced accident at work solicitor would understand your circumstances and would do their level best to make the process of filing a post-traumatic stress disorder claim that much easier for you to cope with. You may find that your case can be assessed and handled over the phone rather than in face-to-face meetings.

Would My Post-traumatic Stress Disorder Claim Be Upheld?

Providing you can show that you suffer from PTSD because you witnessed or were involved in a traumatic accident at work and that the incident occurred either through employer negligence or because a work colleague made a mistake, your PTSD claim would be valid. If you were directly involved in a traumatic work accident that left you suffering from PTSD, you would be deemed to be a “primary victim”.

With this said, you may have witnessed an accident at work in which a work colleague suffered a traumatic injury or in a worse-case scenario the incident could have been fatal. In this instance you would be deemed a “secondary victim”. In order to file a PTSD claim, you must be diagnosed as suffering from the condition by a qualified psychiatrist.

If you think that the workplace accident was partly your fault, you may find that you could still file for compensation. An experienced accident at work lawyer would determine whether vicarious liability could be proved. In short, you may find that you and your employer may be liable for the fact you suffer from PTSD following a workplace accident that you witnessed or were involved in.

Who Is Most At Risk of Suffering From Post-traumatic Stress Disorder?

Anyone can suffer from PTSD whether they were involved in a workplace accident or witnessed a traumatic event. However, some workers are more at risk than others and this includes the following:

  • Firefighters
  • Paramedics
  • Ambulance drivers and workers
  • People who work in emergency services
  • Policemen and women
  • Those in the armed forces

With this said, you could witness or be involved in a traumatic accident in any working environment which could lead to you suffering from post-traumatic stress disorder. If you suffer from PTSD and would like to know if you could seek compensation by filing a claim against an employer, the best course of action to take is to contact a firm of lawyer’s who specialise in this type of complicated personal injury claim.

What Level of Compensation Might I Be Awarded for Post-traumatic Stress Disorder?

The amount you may receive in post-traumatic stress disorder compensation would depend on many things which includes the following:

  • The severity of the symptoms you are experiencing
  • How much your life and ability to work has been negatively impacted
  • Whether your symptoms are so severe that you are unable to continue working

It is also worth noting that the amount indicated below only takes into account the general damages you may be awarded in a successful post-traumatic stress disorder claim and that you would also be entitled to receive “special damages” if your case is upheld. The amount of post-traumatic stress disorder compensation you may receive in general damages in a successful claim is detailed below:

  • Very severe post-traumatic stress disorder where a person experiences constant nightmares, flashbacks, avoidance sleep disturbance, hyper-arousal, suicidal tendency, and mood disorders, you may be awarded between £52,490 and £88,270
  • Moderately severe post-traumatic stress disorder which has a better prognosis that severe cases and where professional help can aid recovery, you may receive between £20,290 to £52,490
  • Moderate post-traumatic stress disorder where recovery is positive and effects are not too disabling, you may be awarded between £7,170 to £20,290
  • Post-traumatic stress disorder where recovery is achieved within 1 to 2 years with only minor symptoms persisting, you may be awarded between £3,460 to £7,170

The amounts provided above are given as a guideline only. The reason being that all personal injury claims are unique and as such the amount of post-traumatic stress disorder compensation you may receive could differ to the amount another person may be awarded.

How Do  I Start My Post-traumatic Stress Disorder Claim Against My Employer?

If you were a witness to a traumatic accident in the workplace or you were involved in the incident and now suffer from post-traumatic stress disorder, you should seek medical help. When you are strong enough, you should then contact a solicitor who specialises in PTSD claims for employees who would understand what you may be going through and would therefore, be sympathetic to your situation.

A solicitor would provide essential legal advice on the type of evidence that would be needed to file a post-traumatic stress disorder claim against an employer and would help when it comes to gathering all the documentation and proof required to ensure that your claim is successful.

What Can I Include in My Post-traumatic Stress Disorder Claim Against an Employer?

As previously mentioned, you would be awarded both general damages and special damages in a successful post-traumatic stress disorder claim. General damages are awarded to compensate you for the pain and suffering you had to endure as a result of suffering from post-traumatic stress disorder in the workplace. Other factors that are taken into account when calculating the amount of compensation you may be awarded in general damages includes your ability to work ever again.

Special damages are awarded to compensate you for all the expenses you had to pay out as a direct result of suffering from the condition. When it comes to special damages, these cover travel and medical expenses which means that all receipts must be kept as proof of the out-of-pocket expenses you incurred which could also include care costs and other expenses other than travel and medical expenses.

The more evidence you can provide that you suffer from PTSD due to having been involved in a workplace accident or because you witnessed a traumatic incident in the workplace, the stronger your claim against an employer would be and the more in the way of PTSD compensation you may be awarded.

Employee Injury At Work Advice

Should I File a Post-traumatic Stress Disorder Against My Employer?

If you were involved in a serious accident at work in which you were injured or you witnessed a horrific workplace incident that left you suffering from post-traumatic stress disorder, under UK law, you have the right to seek compensation from an employer. You would have to prove that the incident that led to you suffering from the condition occurred through no fault of your own and it happened in the workplace in the last three years.

With this said, even if you think that you may be responsible for the workplace accident, you should still discuss your case with an accident at work lawyer who would establish whether vicarious liability can be argued when filing a post-traumatic stress disorder claim against an employer.

Your employer must, by law, have current liability insurance which has to be issued by a recognised provider. The insurance cover must also meet the legal requirement which is currently £5 million. When you file a personal injury claim against an employer, the insurance company who issued the policy would handle your case from the outset to when a post-traumatic stress disorder compensation settlement is reached. It is noteworthy that 95% of all personal injury claims are negotiated out of court and these negotiations are best left to accident at work lawyers with vast experience in communicating with insurers.

It is also worth noting that post-traumatic stress disorder under the Equality Act 2010 is deemed to be a disability if the condition is such that you are left with long-term issues that affect your daily life and ability to work. If this is the case, the amount of PTSD compensation you may be awarded would reflect whether your condition prevents you from working and negatively impacts aspects of your daily life.

Do I Have Worker’s Rights If I Suffer From PTSD?

All employees in the UK have rights which are highly protected. These rights cover many aspects of your working life and includes when you are injured or suffer harm in the workplace. Your rights following a workplace accident that leaves you suffering from PTSD include the following:

  • To seek compensation from your employer
  • To file a personal injury claim against an employer without the fear of losing your job or being discriminated against

If your employer objects to you filing a post-traumatic stress disorder claim against them, you should discuss your concerns with a lawyer who would provide essential advice on how best to deal with the situation. You should never resign from your job should your employer make your working life very awkward before contact a solicitor unless you feel that you have no other option. A solicitor would establish whether you have grounds to file further legal action against your employer because of their actions and behaviour towards you.

Does My Employer Have Responsibilities in the Workplace?

All employers have a duty of care towards the people who work for them. These responsibilities are set in place to protect you when you are in the workplace. There are many laws and Health and Safety Executive regulations in place which both employers and employees must adhere to in the workplace. An employer’s responsibilities towards you when you are in their employment are as follows:

  • You are given adequate training to carry out your job and ongoing training is provided at regular intervals
  • The machinery, equipment and tools used in the workplace are in good working order and serviced according to a manufacturer’s guidelines
  • That risk assessments are routinely carried out in the workplace to identify dangers and risks that may be present before setting in place all reasonable measures to reduce the chance of an accident occurring
  • That you are provided with detailed working practices and procedures
  • That you are provided with the correct personal protective equipment which must be kept in good condition and readily available

If an employer fails to keep you safe while you are in their employment and you witness or are involved in a traumatic accident at work that leaves you suffering from post-traumatic stress disorder, you would have the right to seek compensation by filing a personal injury claim against them.

Is There a Time Limit to Filing a Post-traumatic Stress Disorder Against an Employer?

You would have 3 years from the time you were diagnosed as suffering from post-traumatic stress disorder to file a claim against an employer. However, because the nature of the condition is so complex, you may not experience any of the symptoms associated with post-traumatic stress disorder for months or years following a traumatic accident in the workplace whether you were a primary or secondary victim. If this is the case, you may be entitled to file a PTSD claim even if the 3 years has passed and the best course of action is to contact a an accident at work lawyer who specialises in this type of claim.

It is far better to begin a post-traumatic stress disorder claim against an employer sooner rather than later. The reason being that it can take a long time to gather all the proof and evidence that is needed to ensure that a claim is upheld. This is especially true should your employer deny liability for the fact that you suffer from PTSD.

Can My Employer Fire Me For Filing a Post-traumatic Stress Disorder Claim Against Them?

If your condition does not prevent you from working and you feel that you can return to work whether you were involved in a workplace accident that left you suffering from PTSD or because you witnessed a serious accident at work that led to you suffering from post-traumatic stress disorder, an employer must allow you to do so. You cannot be fired because you sought compensation from an employer and if you are, you could take further legal action out because your employer would have broken the law.

As such, if you find that you are being threatened with redundancy or the sack because you seek post-traumatic stress disorder compensation from your employer, you should discuss things with a lawyer before doing anything else. A lawyer would offer crucial legal advice on how best to proceed when it comes to filing any other claim against your employer.

Are There Any Benefits to Working With a Solicitor on a Post-traumatic Stress Disorder Claim?

Filing a post-traumatic stress disorder claim against an employer can be a complex legal process that is best left up to a lawyer with vast experience of handling this type of sensitive case for employees. As previously mentioned, suffering from PTSD can make life very hard, more especially if you find yourself in any sort of stressful situation. As such, having a solicitor handle your case and represent you legally, can alleviate any anxiety you may be feeling about filing a post-traumatic stress disorder claim against your employer.

Other advantages and benefits of having the expertise of an experienced accident at work lawyer represent you include the following:

  • Personal injury lawyers have an in-depth knowledge of law and can access legal libraries when necessary
  • You would be provided with crucial advice on the type of evidence that would be needed to prove your PTSD claim against an employer
  • Lawyers who specialise in post-traumatic stress disorder claims can arrange for you to see a mental health expert who would be able to provide a crucial report that would support and strengthen your PTSD claim
  • PTSD claims, as previously mentioned are complex legal processes where pre-action protocols have to be respected. Having an experienced lawyer represent you can help speed up the process and would ensure legal pitfalls are avoided
  • A personal injury solicitor would communicate with your employer’s liability insurance provider once they are satisfied you have a strong case against an employer. This takes all the pressure off your shoulders
  • An experienced lawyer who handles this type of complex claim would ensure that you receive interim payments prior to a final settlement being reached
  • A personal injury solicitor would work hard on your behalf to ensure that you are awarded a level of compensation you would be entitled to having developed PTSD following a workplace accident
  • The lawyer would also ensure that you receive ongoing therapy should this be necessary

Having an expert lawyer represent you when making a post-traumatic stress disorder claim against an employer takes all the pressure off your shoulders. This is especially important if you suffer from this type of condition which could be deemed a “disability” and as such you may be entitled to receive PTSD benefits.

Would a Solicitor Work on My Post-traumatic Stress Disorder Claim on a No Win No Fee Basis?

When you contact a solicitor about a post-traumatic stress disorder claim, you would be offered a no obligation consultation which allows a lawyer to determine whether you have a case against your employer. This first consultation is free of charge whether you talk on the phone with the solicitor or arrange to meet them face-to-face in their offices. Once the lawyer is happy that you PTSD claim is valid, they would agree to represent you without you having to pay them an upfront fee.

No Win No Fee agreements are legally binding contracts that are known as Conditional Fee Agreements (CFAs) because you only pay for the legal representation you receive when you are awarded the PTSD compensation you seek from an employer. With this said, it is your employer’s liability insurance provider who would deal with your claim and they would pay out the compensation settlement that is reached. Should you lose your PTSD claim against your employer, there would be no “success fee” to pay because the accident at work lawyer undertook to represent you on a No Win No Fee basis.

Employee Injury At Work Advice

Informative Links

If you would like to know more on the symptoms associated with post-traumatic stress disorder is diagnosed, please follow the link below which takes you to the NHS website where you will find a lot of useful information:

More about the symptoms associated with post-traumatic stress disorder

To find out more about treatment options for post-traumatic stress disorder, please click on the NHS link below:

Treating post-traumatic stress disorder

If you would like more information on whether PTSD is considered a disability, please click on the link below:

More about post-traumatic stress disorder as a disability

Can I File a Hernia Injury Claim Against My Employer? – A Guide To Hernia Injury At Work Claims Calculate Amounts

A hernia is a painful injury where a tear or a weakness appears in your abdominal muscle allowing an intestine to poke through. In a lot of cases you may not experience any or very few symptoms but you would see a lump or swelling in your groin or abdomen area. Sometimes the lump can be pushed back into place or it may disappear when you are lying down only to reappear when you cough or attempt to do something strenuous.

Employee Injury At Work Advice

If you suffered a hernia in the workplace and feel that the incident could have been avoided, you should discuss the circumstances leading up to when you sustained the injury with a solicitor. You may find that you could be entitled to file a hernia injury claim against your employer providing your case meets specific criteria which are outlined below.

Are There Different Types of Hernia Injuries?

There are several types of hernia injuries you may sustain in the workplace with most being caused because employees do not handle or move heavier items correctly. It could be that you  were not sufficiently trained when it comes to manual handling or given the right tools and equipment to carry out the job safely. The different types of hernia injuries you could sustain while you are at work are listed below:

  • Inguinal hernia – this type of hernia occurs at the top of the inner thigh and is when part of the bowel or fatty tissue protrudes through a tear in the wall. Inguinal hernias typically happen through repetitive strain on an abdomen and are often seen due to ageing
  • Femoral hernia – like an inguinal hernia, this type of hernia occurs at the top of the inner thigh where part of a bowel or fatty pokes through a tear. Femoral hernias are more commonly seen in women and lie an inguinal hernia, they can develop as a result of repetitive strain on the abdomen and are often typically associated with ageing
  • Umbilical hernia – this type of hernia occurs near the navel (belly button) when part of a bowel or fatty tissue protrudes through a tear. When an adult develops an umbilical hernia, it is typically due to repetitive strain on an abdomen. In babies, they occur due to the opening in an abdomen not sealing correctly in newborns
  • Hiatus hernia – this type of hernia occurs when part of the stomach squeezes through a tear or opening in the diaphragm into the chest. There may not be obvious symptoms with this type of hernia but it can cause heartburn. Although it is not known why a person may suffer a hiatus hernia, it is believed that pressure on an abdomen as well as ageing could be responsible
  • Incisional hernia – this type of hernia can occur when tissue protrudes through the abdomen following surgery where a wound has not fully healed
  • Epigastric hernia – this type of hernia occurs between a breastbone and the navel where fatty tissue protrudes through the abdomen
  • Spigelian hernia – the hernia protrudes through the abdomen (side of an abdominal muscle) just below the navel
  • Diaphragmatic hernia this type of hernia occurs when organs found in the abdomen move through an opening in the diaphragm into the chest
  • Muscle hernia –  this type of hernia is when part of a muscle protrudes through the abdomen (it an also happen in leg muscles)

If you are involved in a workplace accident and you suspect that you may have suffered a hernia, you should seek medical attention as receive treatment as soon as possible if you experience any of the following symptoms:

  • Onset of sudden and severe pain
  • Vomiting
  • Constipation or wind
  • The protrusion is firm and tender to the touch or you cannot push in back in

The above symptoms could be an indication of following:

  • That the supply of blood to tissue or part of an organ that is trapped in the hernia has been cut which is referred to as “strangulation”
  • Some bowel has entered into the hernia and as a result has become blood, known as an “obstruction”

When you suffer a strangulated hernia and your bowel may have become obstructed, you must seek medical attention as a matter of urgency so that you can receive necessary treatment as soon as possible.

How Is a Hernia Sustained at Work Diagnosed and Assessed?

If you were involved in a workplace incident and suspect that you have suffered a hernia, you should seek medical attention as soon as possible so that a doctor or other medical professional can examine the affected area. You may need to undergo an ultrasound to determine the extent of the damage and once this has been established, a doctor would then recommend whether surgery would be necessary.

It is worth noting that in some cases a doctor would not recommend surgical intervention when you suffer a hernia more especially if your general health is deemed to be poor. However, although a hernia would not typically get any worse, it would not heal on its own without surgery, but a doctor could deem that the risks associated with hernia surgery greatly outweigh any potential benefits of undergoing this type of invasive treatment.

Should a doctor recommend that you undergo surgery to repair the damage, there are two types which are listed below:

  • Open surgery which involves making a incision which allows a surgeon to push the lump or mass back into your abdomen
  • Keyhole surgery which is far less invasive but at the same time more challenging and which is referred to as laparoscopic surgery

It is worth noting that any type of hernia surgery would mean that you would need time off work to fully recover. This could mean that you would not be able to bring in your normal wage for a period of time. Contacting a solicitor to discuss whether you could be entitled to seek compensation by filing a hernia at work claim against an employer, could help resolve any financial concerns.

Would My Hernia at Work Claim Be Valid?

Providing you can prove that you suffered a hernia while you were at work carrying out a job you were tasked to do and that you cannot be held responsible for the injury you sustained, you could have the right to seek compensation from your employer. You would have to prove the following:

  • You were not given adequate training to carry out a job in the workplace
  • That you were not provided with correct manual handling training
  • You were not given the correct equipment to do a job safely

You would also need to provide a detailed medical report of the extent of the hernia injury you sustained at work and it must be signed by a qualified medical professional.

How Much Compensation Could I Receive in a Hernia Injury Claim Against My Employer?

The level of hernia injury at work compensation you may be awarded in a successful claim, would depend on the extent of the damage that has occurred. Other factors that would play a part in how much you may receive includes the following:

  • Whether you can continue to work in the future or whether you would have to quit the job that you do because of the injuries you sustained in the workplace
  • Whether you would require ongoing treatment

As such, the amounts provided below are given as a guideline only bearing in mind that all personal injury claims against third parties are assessed as unique. As such, the hernia injury at work compensation you may receive, could be more or less than indicated:

  • A hernia where there is ongoing, continuous pain and a lack of ability to carry out physical activities, whether social or work-oriented, you could be awarded between £13,080 and £21,190
  • Inguinal hernia where there is some risk of suffering another hernia after surgery, you may be awarded between £6,140 and £7,990
  • An uncomplicated indirect inguinal hernia, you may be awarded between £2,980 and £6,330

Is There a Time Limit to Filing a Hernia Injury at Work Claim Against an Employer?

If you suffered a hernia at work and would like to seek compensation from your employer, you have 3 years from the date you were injured in the workplace. However, if you suffered a hernia prior while you were at work prior to your 18th birthday, the statutory 3 year time limit begins from the date you turn 18. Should you be diagnosed as suffering from a medical condition that can be linked to the fact you suffered a hernia at work, the time limit of 3 years begins from the date of the official diagnosis.

Employee Injury At Work Advice

Could I Lose My Job For Filing a Hernia Injury at Work Claim Against My Employer?

Your job would be safe even if you choose to seek compensation for a hernia injury you sustained in the workplace through no fault of your own. Should you be threatened with the sack or redundancy because you file a personal injury claim against your employer, they would be acting illegally because part of your worker’s rights is to seek compensation for the pain, suffering and out of pocket expenses you may have incurred through the negligence of an employer or because a work colleague caused you to suffer a hernia at work.

What Can I Include in My Hernia Injury at Work Claim?

Personal injury compensation is calculated in two parts which cover “general damages” and “special damages”. The general damages you may be awarded in a successful hernia injury claim would reflect the extent of your injuries as well as the pain and suffering you had to go through. Special damages are awarded and calculated on all the out of pocket expenses you had to pay out as a direct result of having suffered a hernia injury at work.

Special damages cover things like travel expenses whether you get to a hospital or other medical facility for treatment by bus, car, taxi, train or other means. They also cover all your medical expenses and any other costs you had to pay out because of your hernia injury. As such, you must provide evidence of your expenditure by way of receipts which would be used to determine the level of special damages compensation you may be awarded.

Should I Sue My Employer For a Hernia Injury At Work?

As an employee, you have many rights which are highly protected in the UK. This includes being able to file a hernia injury at work claim against your employer in order to seek compensation for the pain, suffering and expenses you incurred. You have the right to do this without the fear of being treated detrimentally or unfairly and without the worry of being sacked from your job.

Your employer must also carry valid liability insurance which must be issued by a recognised insurer. The cover must also meet the legal requirement of £5 million and failure to have the necessary insurance in place would result in heavy fines being levied against your employer. When you file a hernia injury at work claim against your employer, they would hand your case over to their insurers and it is the insurer who would deal with all aspects of your claim, this includes the following:

  • Investigate the circumstances leading up to the incident that left you suffering with a hernia
  • Handle the case should your employer deny liability
  • Negotiate a settlement should it be decided for your hernia injury at work claim would not to go to court with the majority of personal injury claims being settled out of court
  • Pay out the final hernia injury at work compensation you may be awarded

What are My Rights if I Suffer an Hernia Injury at Work?

As previously mentioned, all worker’s rights are protected in the United Kingdom which includes when you suffer any sort of injury or suffer harm while you are at work. Your rights include the following:

  • You have the right to file an accident at work claim if you are injured in the workplace through no fault of your own and can prove the incident occurred in the last 3 years due to employer negligence
  • You have the right to seek compensation for injuries sustained in the workplace without having to worry about losing your job or being treated unfairly

Being sacked, treated unfairly or detrimentally because you make a personal injury claim against your employer is against the law. As such, your employer would be acting illegally and you should contact a solicitor to get legal advice on whether you can sue your employer for behaving in this way towards you.

What Are My Employer’s Responsibilities Towards Me in the Workplace?

Your employer has a responsibility to keep you safe from harm while you are working for them. Failure in their “duty” towards employees that results in an accident at work injury, would mean an employer would be held liable. Your employer’s responsibility towards you includes them doing the following:

  • That you are provided with the correct level of training to carry out your job and to take part in ongoing training courses at regular intervals
  • That all the tools, equipment and machinery you use in the course of a working day are correctly maintained and kept in good working order
  • That regular and frequent risk assessments are carried out to identify dangers and to set in place reasonable measures to reduce the risk of harm and injury occurring
  • That you are made aware of all working practices and procedures in the workplace
  • That adequate personal protective equipment which must be correctly stored and maintained is made easily available when needed to carry out a task safely

Should an employer fail in any of the above and you suffer a hernia injury in the workplace, you could be entitled to seek compensation by filing an accident at work claim against your employer.

What Are The Benefits of Working With a Solicitor on a Hernia Injury Claim?

The benefits of working with an accident at work lawyer when making a hernia injury claim against an employer are numerous and having the legal expertise of a solicitor working on your case allows you to concentrate on your recovery. Listed below are just some of the advantages of having a lawyer represent you when filing a work-related personal injury claim against an employer:

  • The solicitor would offer you an initial, no obligation consultation so they can determine whether you have a strong case against a negligent employer. This initial meeting or telephone conversation is typically free of charge
  • A solicitor has vast experience in representing employees who have been injured in the workplace and has access to legal libraries which they can reference when needed
  • The solicitor would arrange for you to be seen and examined by an independent medical professional whose report would be crucial when it comes to filing a hernia injury claim and it would be used as a basis for the “general damages” you may be awarded in a successful claim
  • A solicitor would agree to work with you on a No Win No Fee basis which allows them to begin their investigations into your hernia injury claim without asking you to pay them an upfront fee and there would be no ongoing payments to find either as your case progresses whether through the court or negotiation with your employer’s liability insurance provider
  • A solicitor respects the pre-action protocols and the 3 year statutory time limit that must be respected when making a work-related personal injury claim
  • Should your injuries be extremely severe and therefore a final settlement would not be reached for longer than usual, the solicitor would ensure that you receive interim payments to alleviate any financial worries you may have to cope with
  • A solicitor would ensure that the hernia injury at work compensation you are awarded is acceptable
  • The solicitor would arrange for you to receive ongoing treatment and therapy if needed

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

As previously mentioned, an accident at work lawyer would determine whether you have a valid hernia injury at work claim and that your employer could be held liable for the injuries you sustained. Once satisfied, the solicitor would agree to represent you on a No Win No Fee basis taking all the worry of finding the money to pay for the legal representation they provide throughout your case, off the table. The only time you pay a solicitor who works on a No Win No Fee basis is when you are awarded the hernia injury compensation you seek which is deducted from the amount of money you receive.

A Conditional Fee Agreement sets out the T&C’s of the contract between you and the solicitor and it also sets out the “success fee” which is the agreed percentage that would be payable on a successful claim. Should your case not succeed, the “success fee” would be waived which in short, means you would not have to pay for the legal representation you received in your hernia injury at work claim against an employer.

Employee Injury At Work Advice

Informative Links

If you would like to know more about how a hernia is treated, please follow the link below which takes you to the NHS official website:

More about hernia treatment

If you would like information on your rights in the workplace, the following link takes you to the Equal Opportunities Commission website where you will find a lot of useful information on the topic:

More about your rights in the workplace

What Compensation Could I Get if I am Injured in a Fall From Height at Work? – A Guide To Fall From Height at Work Claims Against Employer Calculate Amounts

If you were involved in a workplace incident that resulted in you falling from a height and injuring yourself, it can be an extremely frightening experience. You could suffer life-changing injuries leaving you marked psychologically when you fall from a height at work whether you sustain fractures, you damage your back or suffer head injuries. To find out whether you may be entitled to claim compensation for a fall from height injury, please read on.

Employee Injury At Work Advice

Who Is Most at Risk of Suffering a Fall From Height Injury at Work?

Working in some industries puts you more at risk of suffering a fall from height injury than others. These high-risk professions are listed below:

  • Construction workers
  • Window cleaners and installers
  • Scaffolders
  • Warehouse workers
  • Roofers
  • Shelf stackers in supermarkets
  • Civil engineers

Although working in any of the industries listed above would put you more at risk of falling from a height at work and injuring yourself, they are just some of the working environments that are considered “high-risk” but it is worth noting that you could be involved in a fall from height in other working environments too.

What Are the Most Common Causes of a Fall From Height at Work?

There are many ways that you could injure yourself in a fall from height at work, but the most commonly reported incidents include the following:

  • Incorrectly constructed scaffolding
  • No safety rails on ledges or scaffolding
  • A fall from a broken or unstable ladder
  • No anti-slip mats on higher platforms or surfaces
  • No safety rails/barriers around an open drain/hole

With this said, roofers who are carrying out work or repairs in bad weather conditions are also at greater risk of suffering a fall from a height and injuring themselves. If you were injured in a fall from height at work, you could be entitled to seek compensation from an employer, providing your claim meets specific criteria which includes filing a claim before the statutory time limit runs out.

What Are My Employer’s Responsibilities in Preventing a Fall From Height at Work?

Your employer has a duty to carry out frequent and regular risk assessments in the workplace and to set in place all reasonable measures to reduce the possibility of accidents occurring which incorporates falls from a height. There is also a specific law that covers working at height which is as follows:

  • The Work at Height Regulations 2005

This law requires that apart from carrying out regular risk assessments in the workplace,  your employer does the following to reduce the risk of an accident at work which could involve a fall from height from happening:

  • That all working surfaces are kept dry, free from obstacles and that they are stable
  • That all equipment, tools and machinery is kept in good working order to reduce the risk of any malfunctions occurring while employees are working at height
  • That employees who work at height are given adequate training to carry out their work safely
  • That employees are given the correct personal protective equipment and that it is good condition

Should your employer fail to keep you safe from falling from a height and injuring yourself, they could be held liable and as such, you could be entitled to seek compensation by filing an accident at work claim against them.

What Should I Do Following a Fall From Height at Work?

As previously mentioned, a fall from a height at work can be a very traumatic experience and even if you believe you have not suffered any substantial obvious injuries, you may have damaged internal organs when you fell. The problem is that when you are involved in this type of incident whether in the workplace or elsewhere, your adrenaline kicks in which could mean you are not aware of just how seriously you have been injured in the fall. First and foremost, following a fall from height at work, you should seek medical attention as a matter of urgency so that you can be examined without any undue delay.

Other steps that must be taken following a fall from height at work are listed below:

  • Make sure that an official record of the incident has been noted in the work’s accident report book. If you find there isn’t one, you should write a letter or send a personal email detailing the workplace accident and the injuries you sustained. Should you not be able to do this due to the extent of your injuries, ask a trusted work colleague to do this on your behalf. Once you are able, you can check the report and you have the right to correct any information that you feel is incorrect
  • Take photos of where the workplace accident occurred and if possible, ask for any CCTV footage if available to which your employer must respond and provide in a timely manner
  • Take photos of the injuries you sustained in the fall from height at work preferably before you have been treated
  • Get witness statements and their contact details which would be required when making a fall from height at work claim
  • Get a detailed medical report of your injuries which should include all diagnostic tests like X-rays which would be required to establish the extent of your injuries and would be used as a basis for the general damages you may be awarded in a successful claim

The more evidence you can provide to prove that you sustained your injuries in a fall from height at work, the stronger your case would and the more chance you would have of being awarded the level of compensation you deserve.

Would My Fall From a Height Injury Claim be Valid?

For a fall from height claim to be valid, you would need to provide evidence that the incident that left you injured was caused either through employer negligence because they failed in their duty to keep you safe or that a work colleague made an error of judgement which resulted in you falling from a height and injuring yourself.

However, if you think you may be partly liable for the workplace accident, you should still contact a personal injury solicitor who would determine the extent of your responsibility by investigating your claim. It could be that your employer was also partly responsible which is referred to in law as “vicarious liability”. Once this has been established, you would be awarded less in the way of compensation because your level of liability would be factored into the amount you are awarded.

An accident at work lawyer would investigate the circumstances that led up to you suffering a fall from height at work in the following way:

  • Whether the workplace was safe
  • That you were given adequate training
  • That your employer had set in place all reasonable measures to reduce the risk of employees falling from a height and injuring themselves
  • That your employer had carried out regular risk assessments of the working environment
  • That the machinery, equipment or tools you were using were in good working order
  • That you were given the correct personal protective equipment to carry out your job safely
  • That the workplace accident occurred in the last 3 years

Once an accident at work lawyer is satisfied that your case against an employer is strong and that you are entitled to seek compensation by filing a fall from height claim, they would typically offer to represent you by signing a No Win No Fee agreement. This means the firm of solicitors can begin working on your claim without the need to request an upfront fee for doing so.

What Can Be Included in a Fall From Height at Work Claim Against an Employer?

Accident at work compensation is divided in two parts when it comes to determining how much you  may be awarded if the case is upheld whether by a judge or by your employer’s liability insurance providers. The first part is known as “general damages” which are awarded to compensate you for the injuries you sustained in a fall from height at work accident. The second is “special damages” which are awarded for all the out of pocket expenses you paid out as a result of being injured in the workplace through no fault of your own.

A judge or your employer’s liability insurance provider would need to see proof of your expenditure in order to calculate how much you would receive in “special damages”. As such, you would need to provide the following:

  • Receipts of all your medical expenses which includes prescriptions
  • Receipts of all your travel expenses whether you went by car, taxi, bus or train to receive medical treatment for the injuries you sustained in the workplace
  • Receipts for all other costs and expenses you incurred which would include any money that you had to pay out for adaptations to your home and care costs

Once a No Win No Fee solicitor has all of the above in hand, they can then negotiate a fair and acceptable level of fall from height at work compensation for you which would include general damages and special damages.

Employee Injury At Work Advice

Is It Right to Sue an Employer for a Fall From Height Injury?

As previously mentioned, a fall from height at work accident can be an extremely traumatic experience that could not only leave you physically injured, but psychologically damaged too. As such, you have the right to seek compensation from your employer providing you can show they failed to keep you safe from injury and harm while you were in their employment.

By law, your employer must carry sufficient liability insurance which covers all workplace accidents that leave employees, other workers who are under their control and visitors injured. The legally required insurance cover is set at £5 million and the policy must be issued by a recognised company.

When an employee seeks compensation for injuries sustained in the workplace, it is the employer’s insurance provider who settles the amount that is awarded in a successful fall from height claim. It is worth noting that the majority of personal injury claims never get to court with 95% of cases being settled beforehand by insurance providers.

Is There a Time Limit to Making a Fall From Height Claim Against a Negligent Employer?

The statutory time limit for filing a fall from height at work claim against a negligent employer is 3 years. However, should you have been injured in the workplace prior to your 18th birthday, the 3 year time limit begins from the day you turn 18.

Should you be diagnosed as suffering from a medical condition that is directly linked to the injuries you sustained when falling from a height while you were at work, the statutory 3 year time limit begins from the day you were officially diagnosed by a medical professional.

Although 3 years seems like a long time to file a fall from height claim against your employer, it takes a lot of effort to collect all the evidence that is needed to prove a case. Gathering medical reports and other information is time consuming and as such, it is far better to start a claim sooner rather than later to avoid running out of time.

Can My Employer Fire Me For Filing a Fall From Height Claim Against Them?

Worker’s rights if injured in an accident at work are protected in the United Kingdom. As such, your employer cannot use the fact that you seek compensation from them as an excuse for firing you. There must be another good and valid reason other than the fact you are seeking compensation for you to be sacked from your job.

Should an employer attempt to fire you or to treat you unfairly in any way, you should contact an accident at work solicitor who would offer essential advice on whether you could take further legal action out against your employer. This includes filing a detriment claim and an unfair dismissal claim for which there is a strict 3 month time limit.

Do I Have Rights If I Am Injured in a Fall From Height at Work?

As previously mentioned, your worker’s rights are protected in the workplace and this includes when you are injured in a fall from height. You have the right to do and be entitled to the following:

  • To file an accident at work claim against a negligent employer
  • To receive a level of compensation to suit the workplace injuries you sustained

If your employer objects to you filing a fall from height claim against them or they deny liability, you should seek legal advice as soon as possible from a lawyer who specialises in accident at work claims. The lawyer would begin investigating your case once they are satisfied that your employer could be deemed liable for the fall from height at work injuries you sustained.

How Much Compensation Could I Receive For a Fall From Height at Work Injury?

The level of fall from height at work compensation you may be awarded if your case is successful, would depend on the extent of the injuries you sustained and how your overall life, well-being and ability to work has been affected. Should your injuries be such that they prevent you from working again, you would be awarded more in the way of compensation than if you were able to return to work when you are fully recovered from the injuries you sustained.

Are There Any Benefits to Working With a Solicitor on a Fall From Height at Work Claim?

Working with a solicitor on a fall from height at work claim provides many benefits and advantages, one of which is that you would be access to specialist treatment and therapy should your injuries be such that you would need ongoing medical care. With this said, other advantages of having legal representation in a fall from height claim against an employer who could be held liable for your injuries due to their negligence in the workplace, includes the following:

  • Lawyers can access legal libraries which they can reference when needed during your fall from height claim
  • Once a solicitor has established you have a strong case against a negligent employer, they would agree to work on your claim on a No Win No Fee basis which takes all the pressure of finding the money to pay for legal representation when you need it off the table, leaving to place all your focus on recovering from the workplace injuries you sustained
  • They have vast experience in handling accident at work claims for employees who sustained injuries in the workplace
  • They can communicate directly on your behalf with your employer and their liability insurance providers
  • An accident at work lawyer would investigate your employer’s claim that they are not responsible for the injuries you sustained at work and would work hard to get them to admit responsibility should this be the case
  • A solicitor would file court proceedings against your employer should they insist they are not liable for the workplace accident that left you injured
  • A solicitor understands the need to follow pre-action protocols and that the 3 year statutory time limit must be respected for a fall from height claim to be successful
  • A solicitor would negotiate interim payments should your case be complex which could mean that reaching a final settlement could take longer than usual
  • The solicitor would ensure that the fall from height compensation you are awarded is fair whether this is reached through the courts or in an “out of court” settlement because 95% of personal injury claims are settled before they go before a judge
  • A solicitor would ensure you receive the right medical treatment for the fall from a height at work injuries you sustained which includes any aftercare and ongoing therapy that may be required

Would a Solicitor Work on a No Win No Fee Basis on My Fall From a Height at Work Claim?

Once a firm of solicitors has determined that you have a strong fall from height at work claim against an employer who could be held liable for the injuries that you sustained, they would offer to work on your case on a No Win No Fee basis. This means that you would not have to find the funds to pay them for doing so and there would be no ongoing fees to pay the lawyer as your fall from height claim against an employer progresses either.

Conditional Fee Agreements were set in place to help people seek compensation from a third party should they have suffered an injury. This includes employees who are injured or harmed while they are in the workplace. Once you sign a CFA with a lawyer who specialises in accident at work claims, it allows them to begin working on your case by investigating the circumstances that led to you falling from a height at work and being injured. No Win No Fee agreements are legally binding contracts between a solicitor and the person who is filing an accident at work claim against a third party.

The agreement lays out the Terms and Conditions of the contract and the percentage that would only be payable to the solicitor when you win your case and awarded fall from height compensation for the injuries you sustained. This is referred to in the agreement as a “success fee” which is then deducted by the solicitor from the amount you are awarded. Should you lose your claim against an employer, there would be nothing to pay the solicitor who represented you because they entered into the No Win No Fee agreement with you.

Employee Injury At Work Advice

Informative Links

If you would like to find out more information on your worker’s rights if you have been involved in a workplace accident, the following link provides essential reading:

Your worker’s rights

To find out more about working from height regulations, please follow the link below:

Work at height regulations

What is Vicarious Liability and Contributory Negligence in the Workplace?

If you were involved in a workplace accident and would like to seek compensation for the injuries you sustained, knowing who could be held liable is crucial. It could be that the incident was caused by a work colleague in which case your employer could be held responsible. This is referred to as “vicarious liability”. If, however, you are held partly responsible for the accident at work that left you injured, a court could rule “contributory negligence” and as such the level of accident at work compensation would be reduced accordingly.

Employee Injury At Work Advice

The Definition of Vicarious Liability

If you were involved in an accident at work that left you injured and your employer could be held partly responsible or the incident was caused by another person, whether a work colleague or other staff. In a working environment, this is referred to in law as “vicarious liability” when filing a personal injury claim. An employer can be held responsible for not only the actions but the omissions of other workers and staff providing you can prove that the accident that left you injured occurred in the workplace and it happened in the last 3 years.

Vicarious liability in the workplace applies to employers who can be deemed responsible for the actions of their employees, other staff and people who are “under the control” of an employer when they are working for them which includes contractors. Should an employee cause an accident that injures a work colleague or acts in such a way that it causes a work mate harm, the employer could be held liable. With this said, the law pertaining to vicarious liability has been extended over time.

A lot of employers do not realise they could be held responsible for the actions of all their employees and other staff in the workplace. Not only does this cover workplace injuries caused by work colleagues, but it also includes the following conducts and behaviour of all employees which are listed below:

  • Harassment in the workplace
  • Bullying at work
  • Violence in the workplace
  • Discriminatory conduct

It is worth noting that you have the right to file legal action against your employer for the conduct of third parties which includes customers and clients with the proviso that the people behaving in this way are “under the control” of your employer.

How Is Vicarious Liability Proved?

To prove vicarious liability, you must show that a work colleague or other person caused an incident or behaved in a detrimental way during the course of their work and not in a personal capacity. Your employer’s liability continues even if the work colleague who caused an accident or whose behaviour was unacceptable in the workplace, no longer works for the business/company.

Your Employer’s Responsibility in the Workplace

Not only does your employer have to keep you safe from harm and injury while you are in their employment, but they must also take all possible steps to prevent “unwanted” conduct or behaviours in the workplace. Measures that should be set in place include the following:

  • Equal opportunity policies should be kept up-to-date
  • Anti-discrimination training should be provided to all employees and other staff

Case Study of Vicarious Liability in The Workplace

The case study below explains how an employer can be held liable for an accident at work that occurred due to the error of one employee which caused the death of another member of staff.

In 1937, an employee named Mr. English was crushed to death when a work colleague started the machinery he was working on. The dead man’s family filed a lawsuit for compensation against the employer, Wilsons & Clyde Coal Co. Ltd. However, the employer disputed the claim stating that Mr. English contributed to his death because he had not made his work colleague aware that he was present when the accident at work occurred.

The case went to the House of Lords, where the employer was deemed liable for Mr. English’s death because they failed in their duty to provide a safe working environment, ruling that the employer’s “duty was non-delegable”. In short, even though the accident at work which resulted in the death of Mr. English, was caused by another employee, the employer was deemed vicariously liable.

As previously mentioned, since the 1937 case involving the death of Mr. English, the law pertaining to vicarious liability has been expanded by way of many different accident at work claims that have gone before judges.

The Definition of Contributory Negligence in a Workplace Accident

With the introduction of the Law Reform (Contributory Negligence) Act 1945, contributory negligence was ruled no longer a “complete defence”. With this said, should a court rule that you contributed 100% to your injuries in a workplace accident, your accident at work claim against an employer would not be upheld.

Contributory negligence is assessed by a judge who would decide to what degree an employee may be held liable for the injuries sustained in a workplace accident. A judge would take into consideration whether an employee’s actions were reasonable when it came to taking “risks” while carrying out a job they were tasked to do. Other factors that would be taken into consideration when determining contributory negligence in the workplace are as follows:

  • An employee’s age
  • An employee’s work experience

With this said, less would be expected of a younger employee who does not boast much work experience than of an employee with many years experience under their belts. However, if it can be proved that an employee acted recklessly by ignoring Health and Safety regulations or working practices and procedures, a court would rule contributory negligence on their behalf, regardless of age and work experience.

It is also worth noting that all employees have a statutory duty to follow procedures and training when operating machinery or equipment in the workplace which is covered under regulation 14 of the Management of Health and Safety at Work Regulations 1999.

Where contributory negligence in an accident at work is an issue, it applies to cases where the employee or other person is deemed partly responsible for the incident happening and therefore, they contributed to the fact they suffered an injury or harm in the workplace. This is set out in Section 1 of the Law Reform (Contributory Negligence) Act 1945.

In short, if you are held partly responsible for the injuries you sustained in an accident at work, the amount of compensation you may be awarded in a successful personal injury claim against an employer, would reflect the level of liability that is attributed to you. An example being as follows:

  • If a court rules that you are 25% to blame for the injuries you sustained while you were at work, the level of personal injury compensation you would be awarded, would be 25% less than if your employer was held fully responsible

How is Contributory Negligence Proved?

When it comes to proving contributory negligence, your employer would have to show that you could be held partly responsible for the accident at work that left you injured. It is up to the “defendant” (your employer) to show that contributory negligence can be argued against you. Some examples are listed below:

  • You performed a potentially hazardous job when you were tired having not had enough sleep when you should have stopped or told your employer you were not fit to carry out the task
  • You operated machinery or equipment and failed to follow the training you had received

However, it could be that you were not provided with adequate training to carry out a job and as such you suffered some kind of injury. In which case, your employer would be deemed negligent in their duty to provide adequate and ongoing training and as a consequence you were injured while in their employment. Other reasons why your employer could be deemed partly liable for your injuries includes the following:

  • Your employer failed to provide you with the correct protective personal equipment (PPE)
  • You were asked to cut corners to speed up a job you were tasked to do by your employer

A court could rule that you contributed to your injuries and thus find contributory negligence as follows:

  • As a “claimant”, it could be ruled that you were anything from 1% to 99% responsible for the injuries you sustained in a workplace accident although where incidents that involve employees are concerned, contributory negligence is generally well under 50%

How is Contributory Negligence Calculated?

Contributory negligence is calculated on the “percentage” of liability you are deemed to have contributed to the injuries you sustained in the workplace. This “percentage” is then deducted from the amount of personal injury compensation you are awarded. An example being as follows:

  • A judge rules you are 50% to blame for the workplace injuries you sustained, you would lose 50% of the amount of compensation you receive in a successful claim against an employer

What Can Be Included in a Claim Where Vicarious Liability of Contributory Negligence Are Attributed?

As with all personal injury claims, you can claim for general damages and special damages, bearing in mind that the amount awarded in a claim where contributory negligence is attributed would be decreased by the level of responsibility you are judged to have contributed to the workplace injuries you sustained.

  • General damages are awarded for any pain and suffering you had to endure as a result of having been injured in a workplace accident. The amount you would receive would correspond to the severity of the injuries you sustained. Should your injuries be catastrophic, you would be awarded a higher level of accident at work compensation than you would if the injuries you suffered were minor
  • Special damages are awarded to compensate you for all your out of pocket expenses. These have to be as a direct result of the workplace injuries you sustained. As such, all receipts for travel and medical costs as well as other relevant expenses must be provided as proof when filing an accident at work claim against your employer

All personal injury claims are unique which means the level of compensation you would receive may differ from the amount awarded to someone else who was involved in an accident at work and who suffered injuries similar to your own.

Employee Injury At Work Advice

Should I Sue My Employer if I Am Injured at Work?

All employers who are involved in accidents at work are entitled to seek workplace injury compensation providing their claim meets specific criteria associated with personal injury claims. These are as follows:

  • That the workplace accident occurred in the last 3 years
  • That a third party or an employer could be held partly or fully responsible for the workplace injuries sustained

If you feel threatened in any way by your employer because you decide to seek compensation, you should discuss your concerns with a lawyer who specialises in accident at work claims because you may be able to sue your employer because they would be acting illegally.

Does An Employer Need to Have Liability Insurance Cover?

Employers must by law hold valid liability insurance and the amount of cover must meet the legal requirement of £5 million. The policy must be provided by a recognised insurance company and an employer should display it within the workplace. Failure to have the necessary liability insurance in place could mean that your employer would receive hefty fines which can be up to £2,500 a day.

Should you have been involved in a workplace accident and were injured, it would be your employer’s insurance provider who would deal with your case. The insurance company would enter into negotiations with a solicitor you choose to represent you in an accident at work claim whether you are partly responsible along with your employer or the injuries you sustained were caused by a work colleague with the latter falling under vicarious liability.

Do I Have Workers Rights Following an Accident at Work?

A worker’s rights are protected in the United Kingdom and this includes when involved in an workplace accident that leaves them injured, whether the injuries sustained are minor or a lot more severe. Your rights if you are injured in the workplace include the following:

  • You have the right to seek compensation by filing an accident at work claim against your employer
  • You have the right not to lose your job because you choose to seek compensation for the injuries you sustained while you were at work

If an employer attempts to fire you or to threaten you with redundancy because you file an accident at work claim against them, they would be acting illegally and as such, you should contact a lawyer who specialises in employment law. The reason being that the actions and behaviour of your employer could entitle you to seek further compensation from them by taking out further legal action out against them.

Does My Employer Have a Duty of Care Towards Me?

Many laws and Health and Safety Executive regulations have been set in place with an end goal being to keep all employees as safe from harm and injury as possible when they are in the workplace. Your employer must ensure that every reasonable measure has been applied to your working environment to reduce the risk of an accident occurring. Your employer’s duty of care towards all employees and people who visit the workplace include the following:

  • For all employees and other staff to receive adequate and ongoing training to carry out the jobs they are tasked to do in the workplace
  • For all tools, machinery and equipment in the workplace to be kept in good working order and to replace items when necessary
  • That you are provided with all working procedures and practices
  • That you have access to personal protective equipment which must be correctly stored, maintained and replaced when necessary
  • To carry out risk assessments of a workplace on a regular basis with an end goal being to identify any hazards and dangers before setting in place all reasonable measures to reduce the risk of an accident occurring

Should your employer ignore regulations and the law which results in you being injured at work, they could be deemed liable and you may have the right to seek compensation.

What is The Time Limit To Making an Accident at Work Claim Against an Employer?

There is a statutory time limit that must be respected when filing a claim against an employer. However, this changes depending on the circumstances surrounding your injuries and when you suffered them in a workplace accident. The time limit begins as follows:

  • 3 years from the time you sustained a workplace injury
  • 3 years from the date of your 18th birthday should the workplace accident have happened before you were 18 years old
  • 3 years of the date you were diagnosed as suffering from a medical condition you developed that can be directly associated with the injuries you sustained while you were at work

Are There Any Benefits to Working With a Solicitor on an Accident at Work Claim?

Accident at work claims can be complex if it is not clear who could be held liable for the injuries you may have suffered. This is especially true when either vicarious liability or contributory negligence are involved. As such, it is best left up to an experienced lawyer to handle your claim. Having a solicitor working with you provides many advantages as well as benefits which includes having access to an independent medical consultant and/or specialist should this be required.

The medical report they would provide would be an essential part of your claim and would be crucial when it comes to calculating the level of personal injury compensation you may receive. Other advantages of working with an accident at work lawyer includes the following:

  • A firm of solicitors would offer to assess your accident at work claim in a no obligation, free consultation that can be carried out over the phone or if your case is more complex, in an arranged meeting at their offices
  • Once satisfied that you have a strong case against a negligent employer whether you were partly responsible for the injuries you sustained, or the accident was caused by a work colleague, the solicitor would offer to work with you on a No Win No Fee basis
  • The lawyer you work with would arrange for your injuries to be examined by an independent medical professional who would produce an expert report that would be used when calculating the amount of personal injury compensation you may be awarded
  • Lawyers can access legal libraries and can use “precedents” on which they can base your claim
  • A firm of solicitors who specialise in workplace injuries would abide by all pre-action protocols and would respect the 3 year statutory time limit associated with personal injury claims
  • Working with a No Win No Fee lawyer would ensure that the level of personal injury compensation you receive is an acceptable amount
  • Should your injuries be extremely severe and you require ongoing treatment and therapy, a solicitor would ensure that you are awarded interim payments until a final personal injury settlement is reached and they would arrange for you to receive specialist ongoing therapy

Would I Lose My Job If I File an Accident at Work Claim Against an Employer?

Your job is protected even if you decide to sue your employer for compensation following an accident at work that left you injured. If your employer chooses to make your working life difficult or they do any of the following, they would be breaking the law and you could take out further legal action against them:

  • Threaten you with the sack
  • Threaten you with redundancy
  • Treat you unfairly or detrimentally

Before doing anything, you should contact a lawyer who would provide essential advice on the best way to proceed because you may be able to sue your employer for acting towards you in this way on top of filing an accident at work claim.

Employee Injury At Work Advice

Informative Links

If you would like to know more about contributory negligence and how it may apply to an accident at work that left you injured, please click on the link below:

More about contributory negligence in the workplace

For more information on vicarious liability, please follow the link below:

More about vicarious liability

What Compensation Would I Receive for Chemical Poisoning Suffered at Work?

There are many industries that use hazardous substances and materials and this includes farms, beauty salons, laboratories and factories to name but four. Toxic substances can also be found in other working environments like shops, hairdressers and offices which exposes employees, other workers and people to them. If you suffer chemical poisoning in the workplace and you can provide evidence that it was through employer negligence, you could be entitled to seek compensation from them, to find out more please read on.

Employee Injury At Work Advice

An Employer’s Duty Towards All Employees and Workers

Your boss has a legal duty to ensure that you are kept safe from harm and injury while you are in their employment. Should they fail to do so and you develop some kind of health issue or suffer any type of injury at work, an employer could be deemed liable and they would have to pay compensation for the pain, suffering as well as any out of pocket you incur. This includes when you suffer chemical poisoning at work providing it can be proved that your employer was negligent.

The laws in the United Kingdom that cover working and handling hazardous material and substances are very strict. These are as follows:

  • The Control of Substances Hazardous to Health Regulations’ (COSHH)
  • The Health and Safety at Work Act

Failure to abide by the legislation and laws relating to hazardous material and substances which results in you suffering chemical poisoning could result in an employer being held liable and you could be entitled to receive compensation from them for the pain and suffering you endured through no fault of your own.

An employer must set in place the following measures:

  • Your exposure to hazardous material and substances is kept to a minimum
  • That risk assessments of your working environment are regularly carried out and all reasonable measures are set in place to keep you safe
  • To provide the correct and adequate personal protective equipment when handling hazardous and toxic substances and material
  • To provide adequate and ongoing training when handling and working with toxic and other hazardous materials and substances

What Hazardous Material Can Cause Chemical Poisoning in the Workplace?

There are various materials and substances that can lead to you suffering chemical poisoning in the workplace and this includes the following:

  • Fumes, vapours, mists and dusts
  • Gases
  • Biological agents – viruses and bacteria
  • Products that contain chemicals and other toxic substances an example being bleach

What Are the Effects of Chemical Poisoning?

The effects that can be experienced associated with chemical poisoning would depend on the toxic substance you come into contact with and the length of time you were exposed to it. However, many of the common conditions that you could develop include the following:

  • Occupational dermatitis
  • Asthma
  • Burns
  • Allergies
  • Damage to internal organs
  • Respiratory issues
  • Legionnaires or leptospirosis

If you develop a health condition as a result of chemical poisoning in the workplace, providing you have enough evidence that your employer was negligent in their duty to keep you safe from harm while in their employment, you could seek compensation for the pain and suffering you had to endure through no fault of your own.

What is the Definition of a Hazardous Material Accident at Work?

Any accident at work that involves hazards material and/or substances must be reported to the Health and Safety Executive (RIDDOR). If you were involved in an incident where hazardous material was present and you suffer chemical poisoning, you could be entitled to file for industrial disease compensation from your employer. One of the more common incidents occur when you ingest, inhale or absorb toxic chemicals through the skin which could be any of the following hazardous substances:-

  • Benzene
  • Chromium
  • Diesel and hydrocarbons
  • Arsenic
  • Carbon monoxide
  • Chlorine – found in swimming pools as well as other areas
  • Mercury
  • Dioxin – which is highly toxic
  • Polychlorinated biphenyls (PCB’s)

How Do I Start a Chemical Poisoning Claim Against an Employer?

If you were involved in a workplace accident where a hazardous material was present and as a consequence you developed chemical poisoning, you should seek medical attention as soon as possible before contacting a lawyer who specialises in this type of workplace personal injury claim. The firm of solicitors you contact would assess your claim against an employer and would request that you provide as much evidence as possible to support your case. This would include the following:

  • CCTV footage of where the workplace accident occurred if available
  • Photos of where the accident happened
  • The official report of the incident as recorded in the accident report book and RIDDOR
  • Witness statements together with their contact information
  • An official medical report of your condition

Contacting a firm of solicitors that specialise in hazardous and toxic substances claims as early as possible avoids any mistakes in filing a chemical poisoning claim being made and ensures that all pre-action protocols are respected. The first thing a firm of solicitors would do is assess your claim which they would do by offering a free, initial consultation. This first consultation can be carried out over the telephone or if your case is very complex, in a face-to-face meeting, either way there would not be a charge for the legal advice the solicitor provides.

The solicitor would also be able to organise for you be examined by an independent medical professional who would provide a more detailed report on the extent of the damage you sustained when involved in workplace accident where hazardous materials were present. This medical report is crucial as it would be used to calculate the amount of chemical poisoning compensation you may receive.

Because chemical poisoning claims are more complex legal processes, it can take longer for a settlement to be agreed, in which case, the solicitor you choose to work with, would ensure that you receive interim payments until a final settlement is reached whether your case goes to court or your employer’s insurance providers offers to settle the case “out of court”. If it is the latter, a solicitor would enter into negotiations with the insurance company to ensure the chemical poisoning compensation is a fair and acceptable amount.

What Level of Compensation Could I Receive For Chemical Poisoning?

All workplace accidents that result in employees and other people being injured are different because the circumstances leading up to the incident and the injuries sustained are never exactly the same. As such, the amount of chemical poisoning compensation you may receive could differ from the money awarded to someone else who suffered a similar workplace accident and sustained similar injuries.

A solicitor who specialises in this type of complex work-related personal injury claim would work hard to ensure that you receive a fair level of chemical poisoning compensation. It is noteworthy that the majority (95%) of all personal injury claims tend to be settled by an employer’s liability insurance provider and that most cases only have to go before a judge when an employer disputes a claim.

What Can I Include in a Chemical Poisoning at Work Claim?

There are specific things that can be included in all personal injury claims which are divided into two parts. These are as detailed below:

  • General damages are awarded as a way of compensating you for the injuries you sustained through no fault of your own in the workplace. In short, general damages are calculated on the pain and suffering you had to go through because of chemical poisoning
  • Special damages are awarded to compensate you for all the money you had to pay out as a result of having suffered chemical poisoning in the workplace. This includes all your medical expenses, the cost of having to travel to hospital or other medical facilities to receive necessary treatments and therapies, whether you travelled by car, taxi, train, bus or by any other means. As such, you must be able to provide the receipts of all the expenses you incurred because these would be needed in order to calculate the special damages you could receive

Should I Sue My Employer If I Suffer Chemical Poisoning at Work?

As previously mentioned, your employer must ensure that you are kept safe from injury and harm. It is a legal requirement for them to set in place all “reasonable” measures to reduce the risk of a workplace accident occurring. Your employer is also obliged by law to hold liability insurance and the provider must be a recognised insurance company. The policy must also meet the legally required cover which is £5 million.

Employee Injury At Work Advice

If you suffer chemical poisoning in a workplace accident through employer negligence or because of an error on the part of a work colleague and the incident occurred in the last 3 years, you have the right under the law to seek compensation for your pain and suffering. It could be that your injuries prevent you from working in the future or you may not be able to work for a period of time. This would mean that you would not be able to bring in a much needed salary which in turn puts you and your loved ones under financial pressure when things are already hard to cope with.

Seeking chemical poisoning compensation from a negligent employer would alleviate all the financial worries of not being able to bring home a wage and would ensure that you could afford any specialist treatments and therapies that you may need both in the short and long-term. It is also worth noting that if your employer does not dispute your claim, there is a very high chance that your case would be settled “out of court” with the insurance provider offering a final settlement. This would be negotiated by the firm of solicitors you choose to represent you in a chemical poisoning claim who would work hard to ensure the amount is acceptable.

What are My Rights Following an Accident at Work Involving Hazardous Materials?

Worker’s rights are protected in the United Kingdom and this is especially true if you are involved in a workplace accident that leaves you injured or harmed in any way. As such, if you suffer chemical poisoning at work, your worker’s rights are as follows:

  • To be awarded the level of compensation you deserve by filing a personal injury claim against a negligent employer
  • To know that you cannot be fired because you seek chemical poisoning compensation from your employer

When informing your employer of your intentions, they treat you detrimentally or unfairly which could include threatening you with redundancy or the sack, you should discuss your concerns with a solicitor who specialises in employment law before doing anything else which includes resigning from your job. The reason being that your employer could be acting illegally towards you and as such you may be entitled to file further legal action out against them.

What Are My Employer’s Responsibilities Towards Me in the Workplace?

Employers must ensure that they set in place all “reasonable” measures to reduce the risk of accidents occurring in the workplace. If your job entails handling and working with hazardous or toxic materials and substances, your employer must abide by the law as detailed above. Other responsibilities that an employer must respect when it comes to keeping you safe while you are at work, include the following:

  • That you are provided with the correct level of training to do a job and that you receive ongoing training at regular intervals
  • To ensure that you are made aware of all the working practices and procedures
  • That all the tools, equipment and machinery that is used in the workplace is in good working order and correctly maintained as per the manufacturer’s recommendations
  • That all personal protective equipment is in good condition, correctly stored, readily available and replaced with new when needed
  • To regularly set in place risk assessments of a workplace before setting in place measures to reduce the risk of harm and injury to employees, other workers and people who visit a working environment

Should your employer not abide by any of the above or they ignore any Health and Safety Executive regulations which results in a workplace accident that leaves you suffering from chemical poisoning, they could be held liable for the injuries you sustained and their insurance providers would have to pay you the compensation you deserve.

Are There Any Benefits to Working With a Solicitor on a Chemical Poisoning Claim?

Having a specialist accident at work solicitor work with you when filing a chemical poisoning claim against an employer, offers many benefits some of which are detailed below:

  • Once the firm of solicitors establishes that you have a strong chemical poisoning claim which they would do by offering a no obligation initial consultation, they would represent you on a No Win No Fee basis taking all the financial worries of how to pay for their legal services out of the equation. This allows you to place all your focus on your recovery
  • Lawyers have access to the legal libraries which allows them to look for “precedents”. This can be used as a basis when filing a chemical poisoning claim on your behalf
  • A specialist firm of solicitors would arrange for you to be examined by an independent consultant and their medical report would be an essential when it comes to negotiating your chemical poisoning compensation
  • Lawyers have vast experience when it comes to communicating with liability insurance providers and they are aware of all the pre-action protocols that must be respected when first making a personal injury claim against a negligent employer
  • The level of compensation you receive would be expertly negotiated by the solicitor you choose to represent you. This ensures that the amount you are awarded is acceptable
  • You only have to pay the solicitor the “success fee” that you agreed when signing the No Win No Fee agreement with them, when your case is upheld and the percentage that is payable is deducted from the amount of compensation you receive

What is the Time Limit to Making a Chemical Poisoning Claim Against My Employer?

If you were involved in a workplace accident where hazardous and/or toxic substances were present, you have 3 years to seek compensation from your employer providing you have enough evidence to validate your claim. The 3 year statutory time limit is as follows:

  • 3 years starting from the date that you were involved in a workplace accident that left you injured or harmed
  • 3 years starting from the date of being diagnosed as suffering from a medical condition that is directly linked to the workplace accident where hazardous chemicals were present
  • 3 years starting from the date your turn 18 years of age if the workplace accident happened before you were 18 years old

It is far better to start a chemical poisoning claim as early as possible because this type of personal injury claim can often be a long-drawn out, complicated legal process and gathering all the information needed to prove and strengthen a claim, can take a long time all in itself. Working with a solicitor can make the process a lot easier to understand and it will mean that you don’t have to worry about all the legal pitfalls associated with accident at work claims.

Can My Employer Fire Me For Filing a Chemical Poisoning Claim Against Them?

Your employer would be breaking the law if they threaten you with the sack or redundancy for seeking compensation from them if you suffer chemical poisoning in the workplace. As previously mentioned, you have specific “rights”, one of which is to seek compensation from an employer if they fail to keep you safe from injury and harm in the workplace.

A responsible employer would admit liability and would make sure that you receive the correct level of chemical poisoning compensation you rightly deserve. However, some employer’s may object and if they treat you unfairly or detrimentally when you inform them that you intend on filing a personal injury claim against them, you should contact a lawyer who specialises in employment law because you could also be entitled to file a detriment claim as well as take out further legal action against your employer.

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

As previously touched upon, once a firm of solicitors has established that your employer could be held liable for the injuries you sustained in a workplace accident involving hazardous materials or toxic substances, they would typically offer to work with you on a No Win No Fee basis. This allows you to place your main focus on your chemical poisoning recovery while the solicitor deals with all aspects of your claim.

Having signed a Conditional Fee Agreement, you would not have to pay the firm of solicitors an upfront fee nor would there be any ongoing payments to find as your chemical poisoning claim progresses. The CFA lays out the Terms and Conditions of the legal contract and it also sets out the percentage known as a “success fee” that would only be payable to the solicitor if you win your claim. The fee is then deducted from the chemical poisoning compensation you are awarded. Should you lose your case, you would not have to pay the solicitor for the legal representation they provided in a chemical poisoning claim.

Employee Injury At Work Advice

Informative Links

If you would like to know more about reporting an accident in the workplace that involves a hazardous substance to RIDDOR, please follow the link below:

More about reportable accidents 

To find out more about your worker’s rights following an accident at work, please click on the link below:

Your worker’s rights