Can I Sue My Employer for Bullying and Harassment in the Workplace? – A Guide To Bullying and Harassment At Work Claims Calculate Amounts

If you feel uncomfortable in the workplace because your employer or a work colleague intentionally creates a bad atmosphere by intimidating, humiliating or offending you, you could be entitled to file a harassment in the workplace claim. Being bullied in the workplace is against the law and is covered under the Equality Act 2010. If you can prove bullying and harassment takes place, you should contact a lawyer who specialises in harassment at work claims because if you are an employee in England, you could be entitled to seek compensation from your employer.

Employee Injury At Work Advice

The Definition of Harassment in the Workplace

The definition of harassment at work could include the following:

  • Being verbally abused by an employer or work colleague
  • Being asked extremely personal questions which includes details about your religion or a disability
  • Posters being put up that make you embarrassed and uncomfortable
  • Having rude gestures aimed at you
  • Someone making rude facial expressions at you
  • Being told rude jokes which are sexual in nature
  • Hearing comments that you find are offensive

Sometimes an employer or a work colleague might try to explain that any of the above is merely friendly banter, but it can still be deemed as being harassment at work providing the behaviour meets the criteria as defined in the Equality Act. It is also worth noting, that some serious cases of bullying and harassment in the workplace could also be seen as criminal which includes when you are threatened physically or assaulted sexually.

Discrimination Law Relating to Harassment

Under the law, any type of harassment has to be a behaviour towards you that you did not want and is referred to as being “unwanted conduct”. You would have to be sure that whoever was harassing you at work meant for you to feel uncomfortable in a certain way. You may have felt “that way” even if the person who was harassing you had no intention of doing so. This does not excuse the behaviour as defined by the Equality Act which is referred to a “purpose or effect”.

Should the person you felt was harassing you did not intend to make you feel uncomfortable, you must show that it was “reasonable” for you to “feel” that way about their conduct. You would have to show the “purpose or effect” of the person’s conduct violated your self-respect or that the conduct/behaviour created the following:

  • An environment where you felt humiliated
  • An environment where you felt offended
  • An environment where you felt intimidated
  • An environment that you felt was hostile towards you
  • An environment that made you feel degraded

Where discrimination law is concerned, you would have to prove that one of the 3 sorts of harassment was evident which are as follows:

  • An unwanted behaviour/conduct is related to one of the relevant “protected characteristics”, examples being race or sex
  • An unwanted behaviour/conduct is sexual in nature
  • Being treated unfairly due to rejecting or submitting to unwanted sexual advances or behaviours that relate to sex or gender reassignment which is referred to as being “treated less favourably”

 It is worth noting that unwanted conduct or behaviour in the workplace does not necessarily have to be directed right at you. Should you overhear a work colleague making jokes of a racist nature or comments about you to each other, this is still deemed as being harassing conduct towards you as covered in Section 26 of the Equality Act 2010.

What Are Protected Characteristics?

Under the Equality Act, you are protected against harassment in the workplace that is directly linked to “protected characteristics”. Examples of protected characteristics being your religion or the fact you may be disabled.

If you feel you are being bullied or harassed in the workplace because you are pregnant or on maternity, you can file a suit against an employer because you are being harassed due to your sex/gender. Protected characteristics under the Equality Act are as follows:

  • Age
  • Disability
  • Gender reassignment
  • Race
  • Religious belief
  • Sex – man or woman
  • Sexual orientation

Could My Employer Be Held Liable for Harassment in the Workplace?

If you are a worker who is protected by the Equality Act 2010, you would be entitled to file legal action against your employer should you feel you are being harassed in the workplace. It is worth noting that a written contract of employment is not necessary for an employer to be held responsible if you are discriminated against in the workplace. You can file a harassment claim if you are employed as any of the following:

  • An apprentice
  • An employee
  • Working under an “agreement” between you and the employer stating that you would carry out work for them for an agreed sum of money that the employer would pay you
  • A former employee

You are protected under the Equality Act if you are a casual worker or you work zero hours. Some self-employed people and freelancers are also covered by the Equality Act. However, extra rules apply to people employed by one company but who work for another company, an example being agency workers. With this said, if it is written into your contract of employment that you can be sent to work for someone else, you may also be protected.

Your employer would be held responsible if you are harassed by a work colleague in the workplace or when you attend any of the following:

  • Business trips
  • Organised work-related events
  • Social events that are organised by the business/company – an example being a Christmas party

An employer and the person who harasses you could both be deemed responsible for the unwanted behaviour/conduct because an employer is responsible for the actions of all the people who are in their employment. This is referred to in law as “vicarious” liability.

It is worth noting that you cannot hold an employer responsible if a customer or workers/staff from other companies harass you in the workplace, although your employer does have a duty to ensure that you are protected from discrimination should they be aware of the situation. With this said, if you are discriminated against by a someone like a consultant who has been given authority by your employer, you could hold your employer responsible for the consultants conduct which is referred in law as the consultant being an “agent”.

It is also worth noting that an employer would be held responsible if you are discriminated or harassed in the workplace whether they are aware of the situation or not providing they cannot show they did everything in their power to prevent this type of unwanted conduct from happening in the workplace.

Who Would I File a Harassment in the Workplace Claim Against?

Although both the work colleague and your employer could be held responsible for the unwanted behaviour that was shown towards you at work, it is better to file a harassment in the workplace claim against your employer rather than the work colleague who harassed you.

The reason being that by making a claim against a workmate can lead to further harassment and unsolicited contact, more especially if the person gets hold of your personal information like your home address and personal telephone number. By taking action out against your employer, you would be dealing with either a solicitor who represents your employer or a person in the HR department of the business.

However, if you feel that by taking action out against an employer might lead to the following, you should seek legal advice from a solicitor who specialises in bullying and harassment claims:

  • Your employer may argue that they cannot be held responsible for the actions and conduct of a work colleague
  • Your employer could close the business and stop trading with an end goal being to avoid any legal action being taken out against them

In some cases of harassment in the workplace, it could be that someone else in the company instructed a work colleague to act in this way. An example being an employer telling the person who hires staff not to take on anyone who is over the age of 50. In which case both the employer and the person who is paid to hire staff, would be held responsible which in law is referred to as “aiding discrimination”.

Examples of Harassment and Bullying in the Workplace

If you feel that you are being harassed or bullied in the workplace, but the unwanted behaviour is thought of as being acceptable, you should still seek legal advice on whether you could file a claim against your employer more especially if you feel that it is affecting your overall health and well-being both at work and in your personal life. Examples of harassment and bullying that you could be subjected to in the workplace include the following:

  • Receiving direct threats about your job performance and security – this also includes hearing rumours or comments
  • Not being taken into consideration for promotion or other working opportunities as well as being overlooked when it comes to bonuses or other financial awards
  • Frequently being given the worst and most unpleasant tasks which can be thought of as pointless jobs
  • Not being given credit for the good work that you do
  • Your commissions are decreased or taken away for no good reason
  • Constantly receiving unconstructive criticism
  • Overzealous supervision of what you are doing in the workplace
  • You are “set up” to fail at the job you are tasked to do
  • Having important information about someone withheld from you
  • You are deliberately ignored and excluded from meetings, events and left out of communications
  • Having a work colleague use detrimental language about you in public or in front of a work colleague

Should any of the above apply to your work situation, you have the right to seek compensation for the mental anguish you have had to endure. This type of conduct and behaviour is illegal and should be reported to your employer or management. If nothing is done to redress the situation, you should seek legal advice from a firm of lawyers who specialise in bullying and harassment in the workplace claims.

Employee Injury At Work Advice

How to Start a Bullying and Harassment in the Workplace Claim

If your employer or a work colleague is making your working life miserable because of bullying and harassment in the workplace, you should contact a solicitor straight away, even if you have made an official complaint to management. However, you would need to provide proof that your employer was negligent when it came to protecting you from being harassed while in their employment. The sort of evidence that would be required includes the following:

  • A report detailing the psychological and psychiatric damage that you suffered because of being bullied and harassed at work
  • A report on how the unwanted behaviour negatively impacted your personal life and relationships
  • A report detailing that the mental anguish and physical damage you suffered would require long-term therapy
  • A report detailing the fact that you suffer from post-traumatic stress disorder – whether short or long-term

All of the above would be needed to validate a bullying and harassment at work claim. The more evidence you can provide that you suffered due to the unwanted conduct and behaviour of an employer or a work colleague, the stronger your case would be. If you had to put up with this type of situation in the workplace over a long period of time, keeping a diary of the events would strengthen your bullying and harassment at work claim even more.

You should then contact a firm of lawyers who specialise in this type of claim. The solicitor would typically offer you a no obligation, initial consultation which is normally free of charge. This allows a solicitor to assess your case and once they are satisfied that you have a strong bullying and harassment at work claim against an employer or a work colleague, they would offer to represent you on a No Win No Fee basis. This means that an expert in this type of work-related claim can begin working on your case without requesting that you pay a retainer for them to do so. You would not have to pay any ongoing fees as your claim against an employer progresses.

Should your employer deny responsibility for the unwanted conduct and behaviour in the workplace that you had to endure, the solicitor would investigate their claims before deciding whether to file a court case against them.

What Type of Compensation for Bullying and Harassment at Work Could I Claim For?

When it comes to claiming compensation for bullying and harassment at work, like all personal injury claims, you would be awarded “general damages” and “special damages” when your case is upheld whether it goes to court or your employer’s insurance provider chooses to settle your claim “out of court”.

General damages are awarded for the following:

  • Your pain and suffering
  • The mental anguish and trauma you had to endure
  • Whether the effects of being bullied and harassed at work were such that they would affect the remainder of your life

Special damages are awarded in a successful bullying and harassment claim for the following:

  • Your loss of earnings
  • The loss of any future earnings
  • Your medical expenses
  • Any future medical expenses
  • Travel expenses
  • Care costs

Should I Sue My Employer for Bullying and Harassment at Work?

Bullying and harassment in the workplace is quite a common occurrence and although many people choose to turn a “blind eye” to this type of unwanted conduct and behaviour, it is against the law. As such, if you are bullied or harassed whether by a work colleague or an employer, you have the right to sue them and to be awarded compensation for the mental anguish you had to endure whether over a short period of time or more long-term.

Providing you have enough evidence that you suffered because of the unwanted behaviour and that your employer could be held responsible, you are entitled to file a bullying and harassment at work claim against them. Employers must by law make sure that you are protected from this type of behaviour when you are in their employment and if they fail to do so, they could be held responsible even if the bullying and harassment was done by a work colleague.

Employers must by law have liability insurance in place and the policy must be provided by a recognised insurance company. The policy must also meet the legal minimum requirement as laid out in the Employers Liability Compulsory Insurance Act 1969. Should an employer fail to have the necessary insurance in place, they would face hefty fines which would be issued by the enforcing authority. As such, when you file a bullying and harassment at work claim against your employer, it is their insurance provider who would deal with the case and they would pay the compensation in a successful claim.

What are My Workers Rights if I Am Bullied or Harassed in the Workplace?

Your worker’s rights are protected and this includes when you are bullied or harassed at work. In short, you have the right to seek compensation for the pain and mental anguish you had to endure due to the unwanted conduct and behaviour of an employer or work colleagues. Your rights include the following:

  • That your job is secure even if you seek compensation from an employer for bullying and harassment in the workplace
  • That you can file a bullying and harassment claim against your employer without fear of further discrimination

Is There a Time Limit to Filing a Bullying and Harassment Claim Against an Employer?

As with all personal injury claims, the statutory time limit that you have to file a bullying and harassment claim against your employer, is 3 years. However, if you were under the age of 18 when the bullying and harassment occurred at work, the 3 year statutory time limit starts from the date of your 18th birthday.

Can My Employer Fire Me For Filing a Bullying and Harassment at Work Claim?

You cannot be fired because you seek compensation from your employer for having been bullied and harassed while you were in their employment. Your employer would be acting illegally if they threaten you with the sack or redundancy if you choose to seek compensation for the mental anguish you had to suffer. If you feel threatened in any way, you should contact a solicitor immediately because you could be entitled to file further legal action against your employer.

What Are the Advantages of Working With a Solicitor on a Bullying and Harassment at Work Claim?

Because bullying and harassment at work claims are often complicated legal processes where proving responsibility can be challenging, it is far better to seek the help of a firm of lawyers who specialise in this type of complex claim. The earlier you consult a solicitor the better because it avoids falling foul of the statutory time limit associated with personal injury claims. Working with a solicitor offers many advantages, some of which are listed below:

  • A firm of solicitors would have access to legal libraries which they can reference as needed when defending your bullying and harassment claim against a negligent employer
  • Your case would be thoroughly assessed before a solicitor would offer to represent you on a No Win No Fee basis if they find that you have a strong bullying and harassment claim against your employer. This would be established during an initial, no obligation consultation for which you would not be charged
  • A firm of lawyers would begin communicating with your employer and their insurance providers once you enter into a No Win No Fee agreement with them and would do so without you having to pay any money upfront
  • Having a Conditional Fee Agreement in place means you would not have to pay the solicitor ongoing fees as your bullying and harassment claim progresses
  • A solicitor would respect all pre-action protocols and the 3 year statutory time limit associated with this type of claim
  • A solicitor who works on your behalf would ensure that you receive necessary therapies should these be required which would be provided by independent specialists
  • A solicitor would ensure that all negotiations are carried out in a timely manner and that you receive the level of compensation you deserve should your claim be settled “out of court”
  • If your employer denies responsibility, a solicitor would investigate their claims before advising on whether a lawsuit should be filed against your employer or the person who bullied and harassed you in the workplace

One of the great advantages of working with a No Win No Fee lawyer, is that the “success fee” you agreed to pay them for their legal representation in a bullying and harassment claim, would only be payable when you are awarded the compensation either by a judge or in an “out of court” settlement. Should you lose your case, there would be nothing to pay because you signed a CFA with the firm of solicitors who handled your bullying and harassment claim.

Employee Injury At Work Advice

Informative Links

If you would like more information about the Equality Act, the link below provides a lot of essential reading on whether you are protected:

The Equality Act

To find out more information about “protected characteristics”, please click on the link below:

More about Protected Characteristics

What Level of Compensation is Awarded Spinal Cord Injuries Sustained at Work?

You can suffer a spinal cord injury at work in many ways which includes when you attempt to lift or to move heavier items. You could strain, tear or rip the muscles that support your spine or you may suffer a slipped disc which can be extremely painful and debilitating. According to statistics, injuries to a spine are quite common in the workplace and they often occur because employees and other workers are not given adequate training when it comes to manual handling.

Employee Injury At Work Advice

Should you have suffered some kind of injury to your spine and you believe it could have been avoided had you received the right sort of training or because of employer negligence, you could be entitled to file a spinal cord injury at work claim providing your case meets certain criteria, to find out more please read on.

Workplace Spinal Injury Statistics

The charity BackUp published a report regarding spinal and back injuries in the workplace which shows that an estimated 40,000 people sustain this type of injury every year. Back pain and spinal injuries account for many lost working days which could be as a result of the following:

  • Spending long hours working on a computer at work
  • Long hours at the wheel of a vehicle while at work
  • A slip, trip and fall causing damage to your back and spine
  • Lifting and moving heavier items in the workplace

If you were not given the correct training to lift and move heavier items or your employer failed to keep you safe and you suffered a spinal cord injury as a consequence of their negligence, you could be entitled to seek compensation from them.

Consequences of Suffering a Spinal Cord Injury at Work

Should you have damaged your back or suffered some form of spinal injury in the workplace, it could mean that you have to take time off work to recover. Not only is an injury to your back extremely painful and debilitating, but not being able to bring in your weekly or monthly wage can add to the stress and anxiety you are already feeling.

Should you be able to prove that your spinal cord injury occurred through employer negligence in the last three years, you could seek compensation for your financial losses as well as the pain and suffering you had to endure.

What You Should Do If You Suffer a Spinal Cord Injury in an Accident at Work

The first and most important thing to do should you have injured your back at work, is to seek medical attention as soon as possible not only to avoid doing further damage to your spine but also to receive medication for any pain and discomfort you may be experiencing. Once you are able, you should gather as much evidence of the accident at work that left you injured as possible.

Should you not be able to do this because your spinal cord injury prevents you from doing so, you should ask a trustworthy work colleague to do this on your behalf. The evidence that would be needed should you wish to file for compensation against your employer, includes the following:

  • Witness statements together with their contact details
  • Proof that the incident occurred through no fault of your own but rather through employer negligence and this includes when the accident was caused by a work colleague because your employer could still be deemed liable for the injuries you sustained to your back
  • Medical reports of the spinal injury you sustained which must be as detailed as possible
  • Photos of where the accident at work happened and if available, CCTV footage of the accident
  • Photos of your injuries

When filing an accident at work claim against your employer, the more proof you can provide, the stronger your case would be.

How Do I Start a Spinal Cord Injury Claim Against My Employer?

If you are unsure of how to begin a spinal cord injury claim against your employer, the best thing to do is to contact a firm of lawyers who specialise in personal injury claims. A solicitor would have vast experience in handling this type of claim for employees and other people which means that from the outset, your case would be professionally dealt with avoiding all the legal pitfalls that exist. Another benefit in contacting a firm of solicitors as soon as possible, is that they would offer a free, initial, no obligation consultation whether this is in a face-to-face meeting or an in-depth telephone conversation.

Once you can provide the firm of lawyers with all the evidence that is required when filling an accident at work claim and they have been able to assess the strength of your case, they would typically offer to represent you in your claim on a No Win No Fee basis. This takes all the financial stress of how to pay for legal advice and representation out of the equation, leaving you to focus on your spinal cord injury recovery.

What can be Claimed in a Spinal Cord Injury at Work Claim Against an Employer?

If you sustained a spinal cord injury at work and you choose to file a personal injury claim against your employer, there are specific things that can be included which are detailed below:

  • Medical expenses incurred as a result of your spinal cord injuries
  • Travel expenses that relate to your treatments and therapies
  • Care costs whether you have to go into a care home or you require full time home help
  • Rehabilitation and ongoing treatments/therapies
  • The cost of home adaptations should this be necessary

What Are the Long-term Effects of Spinal Injuries?

Your spine is made up of many bones and should any of them be negatively impacted because you were involved in a workplace accident, it could lead to a catastrophic outcome which includes total paralysis. The long-term effects of having suffered spinal cord injuries in the workplace can be life-changing. As such, you may not be able to work or bring in a much needed wage which would put you and your loved ones, under tremendous financial pressure.

Some of the long-term effects of having suffered a spinal cord injury includes the following:

  • Ongoing pain and discomfort
  • Stress and anxiety
  • Ongoing high medical expenses
  • Organ dysfunction more especially bowels and kidneys leading to psychological damage
  • Osteoporosis – studies carried out by the Spinal Cord Injury Zone show that should you suffer a spinal injury you are more likely to develop osteoporosis which in turn puts you more at risk of suffering further damage to other bones in your body

What Are the Most Commonly Reported Spinal Cord Injuries?

There are two types of spinal injuries which are as follows:

  • Partial spinal injuries
  • Complete spinal injuries

The most commonly treated partial spinal injury is when the sensory pathways that are found in the spinal cord are damaged which can lead to you suffering from anterior cord syndrome. This can cause movement and co-ordination issues.

Complete spinal injuries can be catastrophic and as a result could result in total paralysis from the neck down which is referred to as quadriplegia.

How is the Severity of a Spinal Cord Injury Assessed?

The severity of the spinal cord injury sustained in the workplace, would be assessed by a medical professional who would provide a detailed report of how the injuries you suffered to your spine would affect your future life. In short, your spinal injury must be accurately diagnosed by a medical specialist whether the damage is minor or a lot more severe.

A specialist would establish the extent of your injuries and how “treatable” they are whether through long-term therapy or through invasive surgical intervention. Should your spinal cord injury be catastrophic and you are left with partial or total paralysis, the specialist would provide a written report detailing the extent of your injuries and how your future life is negatively impacted. The medical report is crucial when it comes to seeking the right level of spinal cord injury compensation you would be awarded either through the courts, or from your employer’s liability insurance provider with 95% of personal injury claims being settled before they reach the courts.

Employee Injury At Work Advice

What Level of Spinal Cord Injury Compensation Could I Receive in a Successful Personal Injury Claim?

The level of spinal cord injury compensation you could receive would depend on the the damage you sustained, how your future life is affected and whether the damage is so catastrophic that you would never be able to work again. All spinal injury claims are treated as being “unique” and as such, the amount could differ from the sum another employee receives for a similar spinal cord injury sustained in the workplace. With this said, the amounts provided below are given as a guideline of how much you may receive and are based on the Judicial Guidelines:

  • Minor back injury, you could be awarded up to £10,970
  • Moderate injuries, you could receive between £24,340 and £34,000
  • Severe injuries, you could be awarded between £79,890 and £141,150
  • Paraplegia, you could receive between  £192,090 and £249,27
  • Tetraplegia (Quadriplegia), you may be awarded between £284,610 and £354,26

As previously mentioned, the amounts provided above are given as a guideline, bearing in mind that all spinal cord injury claims are treated as unique and as such you may receive more or less that the amounts indicated above in a successful claim.

What Can I Include in a Spinal Cord Injury Claim Against a Negligent Employer?

Personal injury claims are calculated in two parts namely, “general damages” and “special damages”. Special damages being a lot easier to work out because they are based on the amount of money you had to pay out as a direct result of having suffered a spinal cord injury in an accident at work.

General damages form the largest part of the compensation you may be awarded in a successful claim and are based on the extent of your injuries and the damage you sustained to your spine. In short, general damages are calculated on the pain and suffering you endured as a result of your injuries following an accident in the workplace.

Should I Sue My Employer If I Suffer a Spinal Cord Injury at Work?

If you sustain any sort of injury or develop a health issue as a result of the work you do, you have the right to seek compensation from your employer who must have liability insurance in place for such eventualities. The level of insurance that your employer holds in a liability policy must also meet the £5 million legal requirement and the insurance company that issues the policy must be a recognised provider. Failure to have the correct liability insurance in place, could lead to your employer receiving hefty fines from an enforcing authority.

What are My Workers Rights Following a Spinal Injury in an Accident at Work?

You have specific worker’s rights which protect you should you sustain a spinal cord injury in a workplace accident. These are as follows:

  • To seek compensation for the injuries you sustained from your employer
  • To not have to worry about losing your job if you file a personal injury claim against an employer

If an employer treats you unfairly or detrimentally when you tell them of your intentions, you should contact a lawyer because you could be entitled to file other claims against your employer because they would have broken the law when behaving in this way towards you.

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

Your employer has to abide by all the laws and legislation that is set in place to keep you safe while you are working for them. Should you be involved in a workplace incident that leaves you suffering from a spinal cord injury because they ignored their duty to ensure you are safe from harm whilst at work, your employer could be held liable and would have to pay you a level of compensation to suit the injuries you sustained through their negligence.  An employer’s duty towards you in the workplace includes the following:

  • You are given adequate and ongoing training to carry out jobs you are tasked to do and if required, you are provided with the correct personal protective equipment
  • That all tools, equipment and other machinery is always maintained in good working order
  • That the working environment is routinely assessed to identify hazards so that reasonable measures can be put in place to keep you safe from injury
  • You are made aware of all working practices which should be available at all times to all employees

Should your employer have failed in their duty to keep you safe from harm and you suffered a spinal cord injury at work as a result of their negligence, you have the right to seek compensation by filing a personal injury claim against them.

Are There Any Benefits to Working With a Solicitor on a Spinal Cord Injury Claim?

Having the experience of a solicitor work with you on a spinal cord injury claim, offers many benefits, some of which are listed below:

  • If you have a strong case against your employer, a solicitor who specialises in accident at work claims would represent you on a No Win No Fee basis
  • Solicitors can access legal libraries which means they can use past cases on which they can base your spinal cord injury claim
  • An accident at work lawyer is experienced when it comes to communicating with liability insurance providers
  • A firm of solicitors are aware of the pre-action protocols that must be adhered to when filing a personal injury claim against an employer
  • Accident at work lawyers work hard when it comes to negotiating spinal cord injury compensation
  • You would be provided with expert medical assistance, treatments, therapies and rehabilitation when working with a No Win No Fee lawyer

Having an expert lawyer working on your spinal cord injury claim would ensure that all the evidence needed is gathered in a timely manner which reduces the risk of you running out of time. A lawyer would also be respectful of the nature of your case and would organise that you receive specialist after-care should your injuries be so severe that you would need ongoing therapy and rehabilitation.

Is There a Time Limit to Filing a Spinal Cord Injury at Work Claim?

You would have three years to file an accident at work claim against your employer, but the statutory 3 years can begin at different times which are detailed below:

  • 3 years from the date of the workplace accident that left you with a spinal cord injury
  • 3 years from the date of a health issue diagnosis that can be linked to the initial injury you sustained
  • 3 years from your 18th birthday if the workplace accident happened prior to that

It is best to begin a spinal cord injury claim as soon as possible because it can take a long time to gather all the medical reports needed to validate your case against a negligent employer. Because this type of personal injury claim can be complex should your injuries be such that your require long-term ongoing treatment, working with a specialist lawyer would ensure that you receive interim payments until a final spinal cord injury settlement is reached whether through the courts or through negotiation with your employer’s liability insurance provider.

Can My Employer Fire Me For Filing a Spinal Cord Injury Claim Against Them?

You cannot be fired from your job because you seek compensation for a workplace injury you sustained. Should your employer threaten you with the sack or they tell you that you would be made redundant if you file an accident at work claim, your employer would be breaking the law because you have the “right” to seek compensation for any injuries you sustain. If your employer treats you detrimentally in any way, you should contact a lawyer who would provide essential legal advice on whether you could take further legal action out against them.

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

As previously mentioned, once a firm of lawyers establishes you have a strong spinal cord injury claim against an employer, they would typically work on your case after signing a Conditional Fee Agreement with you which is also known as a No Win No Fee Agreement or CFA. This means the firm of lawyers can begin investigating your claim, communicate with your employer and their liability insurance providers without having to request that you pay them an upfront fee. Another great advantage of working with a No Win No Fee solicitor when filing a spinal cord injury claim, is that there would be no ongoing fees to find as your case progresses through the different stages of negotiation.

A No Win No Fee agreement sets out the percentage that would be payable on a successful claim and the amount which is referred to as a “success fee” is deducted from the spinal cord injury compensation you are awarded which could be through the courts, or through direct negotiation with your employer’s liability insurers should they wish to offer a final settlement “out of court”. All negotiations are best carried out by an experienced accident at work lawyer who would work hard to ensure that you receive an acceptable amount of spinal cord injury compensation.

Employee Injury At Work Advice

Informative Links

To find out more about spinal cord injuries, please follow the link below:

More about the definition of spinal cord injuries 

If you would like to know more about rehabilitation following a spinal cord injury, please click on the link below:

https://www.rnoh.nhs.uk/our-services/spinal-cord-injury-centre

What Compensation Would I Get for Lacerations and Scarring Sustained at Work?

If you sustained lacerations and scarring in a workplace accident, you could be entitled to seek compensation for the suffering, pain and expenses you incurred by filing a personal injury claim against your employer. However, your claim must meet specific criteria for it to be valid. To find out more on how much compensation you could receive for lacerations and scarring sustained at work, please read on.

Employee Injury At Work Advice

Would My Laceration and Scarring Claim be Valid?

Suffering a laceration injury in the workplace that leaves you scarred, is quite a common injury, more especially if you work in an environment where you handle knives, chemicals and electrical machinery and equipment. Providing you can provide solid proof that you sustained your injuries in the workplace through employer negligence or because of the error on the part of work colleague, you could be entitled to claim compensation from your employer. Another criteria that must be met when filing an accident at work claim, is that you do not run out of time because of the statutory limit associated with all personal injury claims.

What Are the Most Commonly Reported Causes of Laceration and Scarring Injuries in the Workplace?

You can suffer a laceration injury at work in many ways, but the most commonly reported accidents that result in this type of injury are detailed below:

  • When a part of your body comes into contact with moving machinery or a blade
  • When you suffer a fall
  • When you are cut with a hand knife that you routinely use in the workplace

Any sort of laceration can result in scarring which is part of the healing process. Scarring can also occur should your injury require surgery. If the scarring is severe, you can suffer serious psychological damage which includes depression all of which would be taken into account when filing a laceration and scarring claim against your employer.

What Workers Are Most at Risk of Sustaining Lacerations and Scarring?

As previously mentioned, you could suffer a laceration injury in a multitude of ways and circumstances when you are at work. The most at risk of suffering this type of injury includes people who work in the following industries:

  • Factories
  • Warehouses
  • Offices
  • Tree surgery
  • Kitchens
  • Hospitals

If you sustain a laceration injury while you are at work, the incident must be reported to RIDDOR and should your injury mean that you are not able to work for 7 consecutive days or more, a report must be sent to the Health and Safety Executive and this has to be done with 15 days of the accident at work that left you with a laceration injury happened.

What Are the Consequences of Laceration and Scarring Injuries?

Sustaining a serious laceration injury could result in the following:

  • The loss of a limb because the laceration you sustained was catastrophic
  • Fracture and broken bones which means surgery would be required as part of your treatment
  • Damage to muscles, tendons and ligaments
  • Nerve damage
  • Skin grafts
  • Tissue damage
  • Surgical intervention
  • Infection

How Are Laceration Injuries Treated?

Severe, deep lacerations injuries typically require stitching, suturing or gluing which helps prevent infection taking hold and promotes healing. With this said, it is extremely important for a laceration injury to be treated as a matter of urgency and it must be kept clean before any treatment is administered. As such, if you suffer a laceration injury at work, you must seek first-aid from the designated person before being taken to the Accident and Emergency department of your local hospital.

The sooner a laceration injury is correctly treated and antibiotics are administered, the less chance there is of infection taking hold in the wound which could lead to a lot of complications and scarring issues.

Can Laceration Scarring be Corrected?

If you were left with severe scarring following a laceration injury sustained in the workplace, it may be possible to surgically correct the amount of damage that has been done to the area of your body that is affected. A specialist would be able to assess the scarring before advising on the best way to correct the problem which could involve re-stitching the original wound so that it leaves you with a much finer scar that is a lot less visible.

How is the Compensation for Lacerations and Scarring Claims Worked Out?

The level of compensation you may receive should your laceration and scarring claim be upheld, would depend on the severity of your injuries and where the scarring is. Another factor that would be taken into consideration when calculating how much laceration and scarring compensation you could be awarded, would depend on how complicated your case happens to be and whether or not your injuries are so catastrophic that you would not be able to work again.

Compensation amounts are divided into two parts which are referred to as “general damages” which are awarded and calculated on the pain and suffering your injuries caused you and “special damages” which are calculated on the out of pocket expenses and other costs you had to pay out as a direct result of your injuries.

As such, you should keep all the receipts for medical, travel and other expenses you paid out because they would be needed as proof of your expenditure when calculating the amount of compensation you would receive in special damages.

Who Pays The Settlement in a Laceration and Scarring Claim?

Your employer must have liability insurance which provides cover for injuries you may sustain while in the workplace. The policy must be issued by a recognised insurance provider and it must meet the legal requirement which is set at £5 million. As such, when you make a personal injury claim against an employer to seek compensation in a laceration and scarring claim, it is the insurance company who pays the compensation you are awarded in a successful claim.

Would My Laceration and Scarring Claim Be Heard in Court?

Providing your employer does not dispute your laceration and scarring claim against them, your case would be settled by the insurance provider without the need for it to be heard by a judge in court. However, if your employer does not admit liability for the workplace injuries you sustained, your solicitor would investigate their claim to see if responsibility would be admitted and if not, court proceedings against your employer would be filed. In short, your case would go to court if your laceration and scarring claim is disputed.

It is worth noting that the majority of personal injury claims are settled “out of court” by insurance providers. As such, an experienced accident at work solicitor would enter into negotiations with the insurers to work out a fair level of laceration and scarring compensation for you which is one of the great advantages of having lawyer representation in personal injury claims.

Employee Injury At Work Advice

What Are the Advantages of Having a No Win No Fee Lawyer Represent Me?

Working with a lawyer who has vast experience in handling laceration and scarring injury claims offers many advantages some of which are detailed below:

  • Once satisfied that you have a strong case against an employer, a firm of lawyers would work with you on a No Win No Fee basis which in short, means you would not have to worry about finding the money to pay for the legal representation the lawyer provides
  • Your initial consultation with a No Win No Fee lawyer would be free of charge and it allows the firm the opportunity of assessing whether a laceration and scarring claim is valid and therefore stands a higher than average chance of being successful
  • You would be provided with essential advice on what evidence is required to prove your claim against a negligent employer
  • Should your employer deny liability, a lawyer would carry out a thorough investigation of their claims to see if they can get your employer to admit responsibility for the injury you sustained in the workplace
  • The lawyer would respect all pre-action protocols and would communicate with your employer and their liability insurance providers directly
  • A lawyer would ensure that you are examined by an independent medical professional who would provide an extensive, detailed report on the lacerations and scarring you suffered. The report is an essential document that would be used when calculating the level of damages you may receive in a successful laceration and scarring claim
  • You would have the advantage of being seen by medical professionals so that you receive the best aftercare, therapies and treatments that may be deemed necessary
  • A lawyer would work hard to negotiate the level of laceration and scarring compensation you rightly deserve which would be settled by your employer’s insurance provider

When a solicitor takes on your laceration and scarring claim, they would inform you of how much compensation you may receive and they would do so at the earliest opportunity which is another benefit of having a firm of lawyers represent you when making a personal injury claim against a negligent employer.

Should I File a Laceration and Scarring Claim Against My Employer?

Suffering lacerations which results in scarring can be devastating, more especially if the scarring is on an area of your body that is highly visible. A laceration injury can be so catastrophic that it results in having a limb amputated. Even losing a finger, thumb or toe can have an affect on your ability to work and can negatively impact your overall health and well-being. As such, seeking compensation from your employer for this type of workplace injury is perfectly acceptable, more especially as they would have liability insurance in place to cover this type of eventuality bearing in mind that the insurance is a legal requirement for all employers in the United Kingdom.

What are My Workers Rights If I Am Injured at Work?

Your rights are protected if you are injured in the workplace. Should you suffer laceration and scarring injuries, you have the right to the following:

  • Seek compensation for the injuries you sustained providing your claim meets the necessary criteria
  • To know that your job is safe when you file an accident at work claim against your employer

What Are My Employer’s Responsibilities in the Workplace?

Your employer has a duty of care towards you when you are in their employment which is to set in place all “reasonable” measures to keep you safe from harm and injury. Should an employer fail in their “duty” and you suffer laceration and scarring injuries, you would have the right to seek compensation for the pain, suffering and out of pocket expenses you incurred as a result of their negligence.

Your employer must do the following:

  • Abide by all Health and Safety Executive legislation and other laws that are set in place to protect employees from harm and injury in the workplace
  • To make sure that all employees and other workers are given adequate training to carry out their jobs and to ensure that ongoing training is provided
  • To ensure that working practices and procedures are clearly detailed
  • To provide the correct personal protective equipment to all employees and other workers
  • To carry out risk assessments of a working environment and to set in place “reasonable” measures to reduce the risk of harm and injury to employees and other workers
  • To make sure that all tools, machinery and equipment are maintained in good working order

What is the Statutory Time Limit To Filing a Laceration and Scarring Claim Against an Employer?

There is a 3 year statutory time limit that must be respected when filing a laceration and scarring claim against your employer. The time limit begins as follows:

  • 3 years from the date of your workplace injury
  • 3 years from the date you are diagnosed as suffering from a medical condition or other health issue that can be linked to your workplace injury
  • 3 years from the date you turn 18 years of age should you have sustained your injuries prior to being 18 years old

Could I Lose My Job For Filing a Laceration and Scarring Claim Against My Employer?

Your employer would be acting illegally if they fire you because you file a personal injury claim against them. Even if your employer threatens you in any way because you seek compensation or they make your working life hard, you should consult a lawyer who specialises in employment law because there is a high chance you could also file other court proceedings against your employer.

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

As previously mentioned, a firm of solicitors would first have to assess your laceration and scarring claim against your employer before they would agree to work on your case without having to request a retainer from you. However, once a lawyer is satisfied that your employer could be held liable for the workplace injuries you sustained and that you have a strong personal injury claim against them, they would enter into a No Win No Fee agreement with you.

This means you would not have to worry about finding the funds to pay for the legal representation a No Win No Fee lawyer provides. In short, there would be no upfront or ongoing fees to find once you sign a Conditional Fee Agreement (CFA) with a firm of lawyers.

A CFA is a legal contract between you and the firm of lawyers who represent you in a laceration and scarring claim. The agreement lays out the Terms and Conditions as well as the “success fee” you agree to pay the solicitor but only if your case is successful. Should you lose your claim, there would be nothing to pay the lawyer because of the No Win No Fee agreement you signed with them.

The “success fee” that is due to the solicitor on a successful claim would be taken out of the laceration and scarring compensation you are awarded whether in an out of court settlement or by a judge in court, should your employer deny liability for the injuries you sustained.

Employee Injury At Work Advice

Informative Links

If you would like more information on how laceration injuries are treated, the following link takes you to the NICE CKS website where you will find a lot more information on this type of injury:

More about the treatment of laceration injuries

To read more about the 3 year statutory time limit associated with personal injury claims, the link below takes you to the Citizen’s Advice website where you will find a lot of useful information:

More about the statutory 3 year personal injury time limit

Could I File an Occupational Dermatitis Claim Against My Employer?

Dermatitis is a painful skin condition that can turn very nasty with blisters forming and skin cracking which could leave you open to infection. If your working environment involves handling any sort of toxic substance or material, you are put more at risk of developing what is referred to as “occupational dermatitis”.

Employee Injury At Work Advice

If you have developed occupational dermatitis and you can prove that your employer was negligent in their duty to keep you safe from injury and harm while you are in their employment, you may be entitled to seek compensation from them for all the pain, suffering and out of pocket expenses you had to cope with through no fault of your own. To find out more on how to file an occupational dermatitis claim against an employer, please read on.

What Are the Common Symptoms Associated With Occupational Dermatitis?

Symptoms associated with occupational dermatitis are exactly the same as the symptoms of dermatitis. The only difference being in the way that this skin condition is contracted with occupational dermatitis being a painful condition that is contracted as a result of the environment you work in and the substances you may have to handle during the course of your daily duties.

Occupational dermatitis symptoms you may experience could include the following:

  • Redness of the skin
  • Blotchiness of the skin
  • Itchy skin
  • Cracking of your skin

It is worth noting that the occupational dermatitis symptoms you may experience would depend on the severity of your condition and which substances you may have come into contact with. This includes whether it was just a one time occurrence or whether your condition developed over a longer period of time in the workplace.

What Employees Are More At Risk of Developing Occupational Dermatitis?

If you work with any of the following substances/materials, you would be more at risk of developing occupational dermatitis:

  • Soaps
  • Chemicals
  • Cleaning substances and materials

It is worth noting that should you work with any of the following substances/materials over a long period of time, you may also be put more at risk of developing occupational dermatitis:

  • Petroleum
  • Latex
  • Nickel
  • Rubber
  • Flour
  • Cement

Although much rarer, instances of workers developing the condition have been reported when they are subjected to prolonged exposure to the following:

  • Radiation
  • Abrasion
  • Vibration

The industries where workers are most at risk of suffering from occupational dermatitis include the following:

  • Beauty salons
  • Chemical manufacturing
  • Cleaning companies
  • Biological plants
  • Florists
  • Hospitals

The reason employees/workers in these sectors are more at risk of developing occupational dermatitis, is that they are more frequently exposed to allergenic chemicals and irritants which includes bleaches, paints, dyes and lye to name but four substances that could trigger the condition.

What is the Law When it Comes to Occupational Dermatitis?

Over the years, the UK has introduced laws and regulations which were set in place to protect workers and their rights which includes when working in higher risk industries. These laws are detailed below:

  • The Health and Safety at Work Act 1974 – all employers must abide by the legislation which states that all employees must be kept safe from injury and harm in the workplace and that employers must set in place “all reasonable measures” to ensure that accidents in the workplace are kept to a minimum
  • The Control of Substances Hazardous to Health (COSHH) Regulations 2002 – all employers must set in place measures to prevent or to minimise the risk of employees being exposed to dangerous and hazardous substances which includes irritants and chemical agents

Employers are duty bound by law to comply with all the regulations and legislation that is set in place to protect you from harm while you are in their employment and they must do so by carrying out the following:

  • Frequent and thorough risk assessments of the working environment with an end goal being to identify hazards that could lead to employees developing dermatitis
  • To provide all employees and other workers with sufficient training when it comes to dealing with and handling potential hazardous substances and materials which includes irritants
  • To provide all employees and other workers with adequate personal protective equipment to ensure the risk of being exposed to hazardous substances and materials is reduced
  • To explore the possibility of using alternative materials and substances that are not toxic wherever possible

Should your employer fail in any of the above and you develop occupational dermatitis at work, you could be entitled to seek compensation for the pain, suffering and out of pocket expenses you incur because it could be deemed that your employer was negligent when it came to making sure you were kept safe from harm and injury while you were in their employment.

How Do I Prove My Occupational Dermatitis Claim Against My Employer?

To file for occupational dermatitis compensation from your employer, you would need to provide evidence that your condition is the result of the work you do or that you came into contact with a toxic substance/material during the course of your work. As such, you would need to provide the following:

  • A detailed report from an independent dermatologist outlining your condition

Your employer may dispute the claim that you came into contact with an irritant or other hazardous substance in the workplace and that you were suffering from dermatitis prior to working for them. An employer could also argue that you were exposed to some kind of “trigger” outside of the working environment. As such, it is extremely important to provide enough proof that you developed the condition in the workplace for your occupational dermatitis claim to be upheld.

What Level of Compensation Could I Receive in an Occupational Dermatitis Claim?

The amount of compensation you may receive in a successful occupational dermatitis claim would be determined on the severity of your condition and how it has impacted your overall health and well-being. Personal injury compensation is calculated case by case which in short, means that the level of compensation one person receives may differ from the amount someone else is awarded. As such, the occupational dermatitis compensation amounts indicated below are provided as a guideline only:

  • Severe occupational dermatitis on both hands, the level of compensation you may be awarded could be between £10,960 and £15,300
  • Occupational dermatitis on both hands where treatment is successful to a certain extent, you may receive between £6,890 and £9,100
  • Dermatitis that causes irritation and discomfort to both hands where treatment could see an improvement over several months, you may be awarded between £1,360 and £3,150

 What Benefits are There to Working with Solicitor on an Occupational Dermatitis Claim?

This type of personal injury claim can be complicated because proving that you developed occupational dermatitis at work is often quite challenging. As such, having the experience of a lawyer who has vast experience in handling dermatitis claims on behalf of employees, offers many benefits and advantages, some of which are detailed below:

  • A solicitor would assess your claim by examining your working environment
  • The firm of lawyers would determine if your employer adhered to their legal responsibility which is to keep you safe from harm and injury while you are in their employment
  • The solicitor would arrange for you to be examined by an independent medical professional who specialises in dermatitis. The consultant would provide an essential detailed medical report of your condition which would then be used to base the amount of occupational dermatitis compensation you are awarded
  • Once the firm of lawyers determines that you have a strong case against your employer and that your case stands a very good chance of being successful, they would offer to represent you on a No Win No Fee basis, taking all the worry of finding the money to pay for a solicitor off the table. There would be no retainer/upfront fee to pay or ongoing fees as your occupational dermatitis claim progresses
  • The solicitor would respect all pre-action protocols when communicating with your employer and their liability insurance provider
  • A No Win No Fee solicitor would work hard to ensure you receive the level of occupational dermatitis you deserve for the pain, suffering and out of pocket expenses you had to cope with

Solicitors who work with you on a No Win No Fee basis would also be able to arrange for you to receive specialist treatment should your condition be so severe that you require ongoing therapy.

Employee Injury At Work Advice

What Can I Include in an Occupational Dermatitis Claim?

The way compensation is calculated for personal injury claims is detailed below:

  • General damages which are awarded for all the suffering and pain you had to go through as a result of developing occupational dermatitis at work
  • Special damages which are awarded and calculated on the “actual” expenses and other financial outlays you had to deal with as a direct result of your condition. This includes all your medical and travel expenses whether you go to a hospital or another medical facility by car, taxi, train, bus or by other means. As such, it is extremely important that you keep all relevant receipts which would be needed as proof of the expenses you incurred

Should I Sue My Employer if I Develop Occupational Dermatitis?

All employees are entitled to seek compensation for any injuries or health issues/conditions they develop in the workplace providing they can meet specific criteria. This is that it can be proved that a medical condition such as occupational dermatitis was the result of the environment worked in and/or that an employer was negligent in their duty to keep workers/employees safe. Other criteria includes the statutory time limit that is associated with all personal injury claims.

It is worth noting that employers in the United Kingdom must by law hold liability insurance which provides the required legal cover of £5 million. The policy must be issued by a recognised insurance provider and failure to have it, could mean your employer would be liable for hefty fines which are issued by the enforcing authority.

As such, when you seek occupational dermatitis compensation, it is your employer’s insurance provider who would handle your claim and they would be the ones who negotiate the compensation you may receive if your case is successful. The majority of personal injury claims are settled out of court, providing an employer does not dispute an occupational dermatitis claim. If your claim is disputed, the lawyer who represents you would investigate your employer’s claim before issuing court proceedings against them should they deem this to be necessary.

 What are My Workers Rights If I Develop Occupational Dermatitis?

Your worker’s rights are protected and this includes when you develop a condition like occupational dermatitis at work. You have the right to do the following:

  • Seek compensation from your employer
  • To know that your job is safe even if you choose to file a personal injury claim against your employer

If an employer chooses to make your working life difficult or threaten you for seeking compensation, they would be acting illegally and as such, you should seek advice from a lawyer who specialises in employment law before doing anything else which includes resigning from your post.

What Are My Employer’s Responsibilities in the Workplace?

Your employer has a duty of care towards you and all your work colleagues in the workplace. This is to keep you safe from injury and harm by setting in place all “reasonable” measures to prevent accidents and exposure to hazardous substances and other materials. If an employer does not abide by the Health and Safety Executive legislation or the Control of Substances Hazardous to Health (COSHH) Regulations 2002 and you develop occupational dermatitis at work, you have the right to sue them for the pain, suffering and out of pocket expenses.

Is There a Time Limit to Filing an Occupational Dermatitis Claim Against My Employer?

The statutory time limit to filing an occupational dermatitis claim against a negligent employer is as follows:

  • 3 years from the date you were exposed to a hazardous material or substance
  • 3 years from the time you were diagnosed as suffering from occupational dermatitis
  • 3 years from the date of your 18th birthday if you developed the condition prior to having reached 18 years of age

Can My Employer Fire Me For Filing an Occupational Dermatitis Claim?

You cannot lose your job because you seek compensation from your employer by filing an occupational dermatitis claim against them. It is illegal for an employer to show you the door because you do, unless they have another “good” reason for sacking you. If your employer threatens you with redundancy because you seek compensation, the best thing to do is to contact a solicitor who would provide essential legal advice on whether you could take further legal action out against your employer.

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

As previously mentioned, once a firm of solicitors determines that you have a strong occupational dermatitis claim against a negligent employer and that your case stands a good chance of being successful whether it is heard in court or settled by your employer’s insurance provider through negotiation, they would enter into a No Win No Fee agreement with you.

In short, once a Conditional Fee Agreement (CFA) is signed, the solicitor would begin investigating your claim and would communicate with your employer and their liability insurance provider on your behalf without requesting a retainer or ongoing fees. The contract is legally binding and sets out the Terms and Conditions of the agreement and the “success fee” that would only be payable when you are awarded occupational dermatitis compensation.

The agreed percentage that you would have to pay the solicitor is taken out of the money you are awarded in a successful claim when you work with a No Win No Fee solicitor. If your case fails and you are not awarded any compensation either by a court or your employer’s insurance provider, there would be nothing to pay the solicitor who represented you in your occupational dermatitis claim against your employer.

Employee Injury At Work Advice

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

If you were involved in an accident at work that left you with an eye injury, whether the damage was minor or a lot more severe, it could mean that you are obliged to take time off work in order to recover which could put you under a lot of financial pressure. Any sort of injury to an eye is not only extremely painful and worrying more especially if your vision is negatively impacted.

Employee Injury At Work Advice

You may be entitled to seek compensation from an employer should you be able to prove that the workplace accident that left you with an eye injury could have been avoided had you be given the correct personal protective equipment to carry out a job or if your employer had in place reasonable measures to keep you safe while in their employment. To find out if you can seek compensation for an eye injury at work, please read on.

What the Most Common Accident at Work Eye Injuries?

You can damage an eye in an accident at work in many ways with some of the most commonly reported incidents being detailed below:

  • A scratched cornea – it is all too easy to damage your eye by rubbing it should a foreign object have entered your eye. It is also easy to suffer a scratched cornea by accidentally poking your eye with tools/equipment you may be using. If you suspect you have scratched your cornea in whatever incident and you start to experience sensitivity to light and the affected eye becomes red and sore, you should seek medical attention without delay so that a correct diagnosis can be made and to avoid infection which could lead to your sight being negatively impacted
  • A foreign body penetrates an eye – should something have penetrated your eye, again it is essential that you seek medical attention as soon as possible. A metal or sharp object entering your eye could result in permanent damage being done to your eye and your vision
  • Chemicals in an eye – if your job entails handling chemicals and other toxic substances and some splash into your eye or eyes, you must seek medical attention as a matter of urgency to avoid irreversible damage being done
  • Swelling of an eye or eyes – if you accidentally damage your eye with a tool you were using in the course of your work or equipment you use which results in swelling and bruising around the affected eye, you should seek medical attention as soon as possible to establish that no internal damage has occurred to your retina
  • Inflammation of an iris – should your eye injury result in inflammation of your iris, this can lead to long-term damage to your vision
  • Fracture to an eye – should you have suffered a serious fracture to your eye, you must seek medical attention as a matter of urgency because this type of eye injury can lead to the loss of sight in the affected eye

How Much Compensation Could I Receive For An Eye Injury at Work?

The level of compensation you may be awarded should your eye injury claim be upheld, would depend on the level of damage you sustained to your eye and how your future working life as well as your overall health and well-being have been negatively impacted by your injury. All accident at work claims are different and as such, the amount you may receive could be higher or lower that the eye injury compensation awarded to someone else who sustained similar damage to an eye. With this said, the Judicial College guidelines for eye injuries are detailed below:

  • Minor injuries to the eye (transient eye injuries) where recovery would be made within weeks, you may be awarded between £1,760 and £3,150
  • Minor injuries to the eye due to a direct strike, exposure to liquids or smoke which results in your vision being temporarily impacted, you may be awarded between £3,150 and £6,960
  • Minor injuries to the eye which results in permanent damage to your vision which includes a sensitivity to lights and/or double vision, you may receive between £7,270 and £16,720
  • Severe injuries to the eye which results in a degree of loss of vision in a single eye, you may be awarded between £18,880 and £31,320
  • Eye injuries that result in the loss of vision in one eye, you may receive between £39,270 and £43,710
  • Eye injuries that result in the total loss of sight in one eye where psychiatric issues are evident, you may be awarded between £43,710 and £52,360
  • Eye injuries that result in the loss of vision in one eye and with impaired sight in the other eye, you may be awarded between £50,970 and £143,270
  • Eye injuries that result in total loss of vision in both eyes, you may receive up to £214,210

As previously mentioned, each accident at work claim is assessed as being unique when it comes to calculating the amount of compensation that you may be awarded. As such, the figures provided amount are given as ballpark amounts of compensation you may be awarded in a successful eye injury claim against your employer.

How to Start an Eye Injury Claim Against an Employer

In order for your eye injury claim against an employer to be upheld, you would need to provide as much evidence of the accident at work that left you injured as possible. A solicitor who specialises in personal injury claims would offer essential advice on what proof would be required for your claim to be valid. This would typically include providing the following:

  • Photos or CCTV (if available) of where the accident at work happened
  • Photos of your eye injury, preferably prior to receiving any treatment
  • Evidence that you were not provided with the correct personal protective equipment to carry out a job
  • Witness statements together with their contact details
  • Any evidence that “procedures” were ignored or were lacking in the workplace
  • The report of the accident as officially logged either in the workplace Accident Report Book or by some other means which could be in an letter to the employer or a personal email to the employer detailing the accident and the injuries sustained

The more proof you have of a workplace accident, the stronger your case against a negligent employer would be.

What Can Be Included in an Eye Injury at Work Claim?

You would be awarded both “general damages” and “special damages” in a successful eye injury at work claim whether your employer accepts liability or disputes your claim which means that your case would go to court and be heard by a judge.

The general damages you would be awarded are based on the severity of your eye injury and how it impacts your future life both working and personal.

The special damages you would be awarded would be based on the “actual” out of pocket expenses you had to pay out because of your eye injury and this includes all your travel and medical expenses as well as any other costs you incurred. You would need to provide proof of your expenses in form of receipts which would be used to calculate the level of eye injury compensation you receive in special damages.

Should I Sue My Employer for an Eye Injury Sustained at Work?

The severity of the eye injury you sustained in a workplace accident could put you out of action and unable to work for a period of time. If your injury is so severe that you are unable to work again, it would mean you are unable to bring in a much needed weekly or monthly wage putting you under even more pressure. As such, seeking compensation from an employer would alleviate many future financial worries which you may otherwise have to cope with on top of the devastating and life-changing eye injury you sustained in an accident at work which occurred through no fault of your own.

Employers in the United Kingdom must carry liability insurance which must meet the legally required cover which is set at £5 million. This insurance is set in place to cover any accidents in the workplace that leave employees and other people injured, whether their injuries are minor or a lot more severe. As such, it is your employer’s insurance provider who would settle your eye injury claim whether this is in an out of court settlement or through the courts should your employer dispute liability for the injuries you sustained.

It is also worth noting that settlements are reached for 95% of personal injury claims that are filed with liability insurance providers preferring to reach a compensation agreement without the need of going through the courts.

Employee Injury At Work Advice

What are My Workers Rights Following an Eye Injury Accident at Work?

You have specific “rights” in the workplace which includes when you are involved in a workplace accident that leaves you with an eye injury. Your rights are as follows:

  • That your job is safe even if you seek compensation from your employer
  • That your right to be compensated for the injuries you sustained in the workplace is respected

If your employer objects to you filing an accident at work claim to seek eye injury compensation, and makes your working life difficult by threatening you with redundancy or the sack, you should contact a lawyer who specialises in employment law because the chances are that you would be entitled to file further legal action against your employer on top of an eye injury claim.

What Are My Employer’s Responsibilities in the Workplace?

Apart from the legal obligation of having the correct level of liability insurance cover, your employer must also abide by all the laws and legislation that are set in place to keep employees safe from injury and harm in the workplace. This entails setting up all “reasonable” measures to reduce the risk of an accident occurring. Your employer must abide by the following in order to do so:

  • Provide all employees and other workers with adequate training and ongoing training so they can carry out their jobs safely
  • Machinery, equipment and tools must be correctly maintained in good working order and serviced as per a manufacturer’s guidelines
  • Carry out regular risk assessments in the working environment whether onsite or off site and to identify hazards and risks before setting place all reasonable measures to reduce the risk of harm and injury to employees, other workers and people visiting a workplace
  • Provide adequate and appropriate personal protective equipment which must be correctly stored, maintained and replaced when necessary
  • Provide detailed working practices and procedures to all employees and other workers

Should your employer fail in any of the above and you sustain an eye injury at work, they could be held responsible and as such they would be liable for the accident. In short, you would have the right to seek compensation for the eye injury you sustained through their negligence.

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

A solicitor boasts vast experience when it comes to handling personal injury claims for employees taking all the worry of understanding what is often a complex legal process out of the equation. Other benefits and advantages that an accident at work lawyer would offer you, includes the following:

  • An initial, free, no obligation consultation which allows a solicitor to assess whether your eye injury against an employer is valid and whether you stand a very good chance of winning your case
  • You would be provided with essential advice on the sort of evidence required to strengthen your eye injury at work claim
  • A firm of lawyers has access to legal libraries which they can refer to when handling your eye injury claim
  • To work on your claim having signed a No Win No Fee agreement which means there would be no fee to pay for the solicitor to begin investigating your eye injury at work claim
  • Correspond with your employer and their liability insurance provider ensuring that all pre-action protocols are respected
  • Begin an investigation if your employer denies liability for the eye injury you sustained while in their employment with an end goal being to get them to admit responsibility
  • Arrange for you to be examined by an independent eye specialist/consultant who would provide a detailed medical report on the injury you sustained. This report would be crucial when it comes to negotiating your eye injury compensation
  • Arrange for you to receive specialist treatment with an end goal being to help you through your eye injury recovery process
  • To negotiate a fair settlement for the injuries you sustained through no fault of your own while at work
  • To arrange treatment, therapies and rehabilitation should your eye injury be such they are life-changing
  • To negotiate interim payments should your eye injury compensation settlement take a long time to receive

Another great benefit of having an accident at work lawyer work on your eye injury claim, is that they would arrange for you to receive specialist treatment and aftercare in the private health sector.

 Is There a Time Limit to Making an Eye Injury at Work Claim Against My Employer?

You would have to adhere to the strict 3 year statutory time limit that is associated with all personal injury claims. The time limit starts from the date of the workplace accident that left you injured. However, should the workplace incident that left you with an eye injury have happened prior to your 18th birthday, the time limit would only start from the date of you turn 18 years of age.

Can I Lose My Job Because I File an Eye Injury Claim Against My Employer?

You cannot be fired just because you seek compensation for an eye injury you sustained through no fault of your own while you were at work. If you are threatened with the sack because you intend on filing a personal injury claim, your employer would be acting illegally because they would be in breach of your “employee rights”  which is to seek compensation for any injury you sustained in an accident at work without the fear of losing your job.

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

A lawyer would offer an initial consultation which allows them the chance to assess your eye injury claim. This consultation is free of charge and once it is established that your employer could be held liable for the injuries you sustained in a workplace accident, they would agree to work with you by signing a No Win No Fee agreement. This means you would not have to pay an upfront fee or any ongoing payments to the solicitor as your eye injury claim progresses.

Conditional Fee Agreements set out the Terms and Conditions of the contract between a firm of solicitors and you. The agreement also lays out the “success fee” you would only have to pay should you win your claim against your employer and the percentage that was agreed, is taken out of the eye injury compensation you are awarded. Should you lose your eye injury claim against your employer, there would be nothing to pay at all.

Informative Links:

To find out more about the treatment of serious eye injuries, please follow the link below:

More about serious eye injury treatments

If you would like to know more about the law regarding personal protective equipment (PPE), please click on the link below:

More about the law on personal protective equipment in the workplace

Employee Injury At Work Advice