I Broke My Jaw At Work, Can I Sue My Employer for Compensation?

Employee Injury At Work Advice

If you were involved in an accident at work and suffered a broken jaw as a consequence, you could be entitled to seek compensation for the pain and distress you endured. However, for an claim to be valid, you would need to provide enough proof that the incident that left you injured occurred through employer negligence or due to the error of a fellow employee. To find out more about filing a broken jaw at work claim and whether your case would be successful, please read on.

The Different Types of Broken Jaw Injury

If you suffered a broken jaw in a workplace accident, it can have long-term, serious consequences on your health and overall well-being. The symptoms that are often associated with a broken jaw include the following:

  • Issues opening and closing your mouth
  • Problems when it comes to chewing
  • Brushing your teeth is harder
  • You suffer facial numbness
  • Your teeth may be damages
  • You could be disfigured

Typical Causes of a Broken Jaw in the Workplace

The most typical accidents that result in a broken jaw involve some kind of facial trauma which includes the following:

  • A slip, trip and fall accident
  • Collision with a moving vehicle, machinery or equipment
  • Falling from a height
  • A heavy items falls on you from above

The most common jaw injuries and consequences of suffering a broken jaw include the following:

  • Dislocated jaw
  • Torn muscles, ligaments and tendons
  • Nerve damage
  • Temporomandibular disorder which negatively impacts your ability to chew
  • Cancer of the jaw

If you suffer any of the above injuries to your jaw, the consequences can be devastating and you may not be able to bring in your normal wage during your recovery. Should your injuries be extremely severe and therefore life changing, you may not be able to work again and as such, seeking compensation for the pain and your loss of ability to work could help you and your loved ones overcome a traumatic time.

Would My Broken Jaw Injury Claim Be Valid?

Providing your broken jaw claim meets the following criteria, you should be able to file a personal injury claim against your employer and seek a level of compensation you deserve:

  • That you suffered your broken jaw injury in the last 3 years (this is longer where children are concerned)
  • That negligence on the part of an employer can be established – or that your injury happened due to the error of a fellow worker, in which case your employer could still be deemed liable

Employers are responsible for the actions of all employees and other staff in the workplace and as such, should you suffer a broken jaw at work because a fellow worker made a mistake, your employer could be held liable.

Would My Broken Jaw Claim Against an Employer be Successful?

As long as you can provide enough relevant evidence that you suffered a broken jaw in the workplace through no fault of your own but through employer negligence or because of the error/misjudgement of a fellow employee, the chances of your claim being successful are high.

A personal injury solicitor has the expertise required to establish whether employer negligence can be proved and would let you know at the earliest possible opportunity how much broken jaw compensation you may be entitled to receive in a successful claim against a negligent employer.

How Much Broken Jaw Compensation Could I Receive?

The amount of broken jaw compensation you may receive would depend on several factors which includes the following:

  • How severe the injury to your jaw happens to be
  • How long it would take you to recover from a broken jaw
  • Whether your injuries are so severe, they are life changing
  • The financial losses you incurred as a result of having suffered a broken jaw in the workplace

Compensation for accidents at work, like personal injury claims is divided into two specific categories which are as follows:

  • General Damages are awarded as a way to compensate you for your pain and distress as well as your loss of amenity. As such, the way general damages are calculated is based on the severity of the broken jaw injury you sustained and how it will negatively impact your overall health and well-being. An example of the amount of broken jaw compensation you may receive for an injury that does not require any sort of surgery to make things right, could be in the region of £4,250. However, should your injuries be extremely severe, you could be awarded a lot more which could be up to £33,000 plus

On top of the general damages you would receive, you would also be compensated for your losses which would come under the special damages awarded in a successful claim. Special damages are calculated on “actual” expenses. As such, it is essential that you keep all the receipts for the following:

  • Travel costs – this includes whether you go by car, train, bus, taxi or other means to receive treatment and therapy for the broken jaw injury you sustained in the workplace
  • Medical expenses – this includes prescriptions and all other medical costs you incurred as a direct result of your broken jaw
  • Care costs – are awarded should you require assistance in the home during your recovery from a broken jaw
  • Medical aids – all aids that are needed because you suffered a broken jaw

It is important to keep all the receipts relating to your expenses and other costs that you incurred because these would be needed as proof of your out of pocket expenses when you file a broken jaw injury claim against your employer and would be used to calculate the special damages you may be awarded.

Should I Sue My Employer For a Broken Jaw?

If you can prove employer negligence for the accident at work that left you with a broken jaw, you have the right to seek compensation for all the pain and suffering you endured. Employers must by law hold liability insurance to cover accidents in the workplace as well as work-related health issues that employees may develop because of the work they are tasked to do.

The insurance policy must be issued by a recognised insurance company and employers should display the certificate where it can be clearly seen in the workplace. If you are injured at work and request details of your employer’s insurance, your boss or person in charge must give you the details in a timely manner. It is the insurer who would handle all aspects of your broken jaw claim against an employer and it is the insurance company that would pay out the compensation you are awarded.

Most personal injury claims are settled before they go to court but should your employer deny liability, you may have to attend court but a personal injury lawyer would assess the strength of your claim before recommending that you file a court action against your employer. Very often, it only takes a letter from a personal injury lawyer for an employer to change their minds and to accept responsibility for the injuries employees suffer in which case, a final settlement can be reached much faster than if the claim goes before a judge.

What are My Workers Rights If I Suffer a Broken Jaw at Work?

If you suffer a broken jaw at work, you have worker’s rights which includes being able to do the following:

  • Seek compensation for the injury you suffered by filing a personal injury claim against your employer
  • Not to worry that you could be sacked if you file an accident at work claim

If an employer applies any sort of pressure on you which includes threatening or implying that you could be sacked for seeking compensation for the broken jaw you suffered, they would be acting unlawfully which in short, means you could seek further compensation from them by filing more legal action. This includes making a detriment claim or if you are sacked, an unfair dismissal claim too.

Does An Employer Have Responsibilities Towards Employees in the Workplace?

Your employer must by law ensure that you are protected from harm and injury while you are carrying out the work you are tasked to do for them whether this is onsite or in the case of a building site, offsite. There are health and safety regulations and other laws that protect you when you are at work which all employers must respect. If an employer fails to do so or they ignore the law or they insist you take short cuts so that a job can be completed faster and as a consequence you are involved in a workplace accident that leaves you with a broken jaw, they could be held in breach of the law.

Your employer’s responsibilities towards all employees include the following:

  • That all employees, workers and other staff are sufficiently trained to do the jobs they are tasked to do and that ongoing training is provided
  • That all tools, machinery and equipment is kept in good working order
  • That risk assessments are carried out routinely to identify risks and hazards in the workplace and to set in place reasonable measures to reduce the chance of accidents occurring
  • That all employees, workers and other staff are made award of working procedures and practices which they must abide by to reduce the risk of an accident happening
  • That personal protective equipment (PPE) is made available to all employees, workers and other staff when needed to carry out a job safely

If an employer chooses to ignore or to bypass any of the laws that protect you in the workplace and you suffer a broken jaw, they could be deemed responsible because they failed to keep you safe from harm while in their employment. As such, you would have every right to seek broken jaw compensation by filing an accident at work claim against your employer.

Are There Any Benefits to Working With a Solicitor on a Broken Jaw Claim?

Accident at work lawyers have the legal expertise when it comes to dealing with liability insurance providers who are known to be slow when it comes to responding to official letters that are sent to them relating to personal injury claims. Solicitors understand and respect the pre-action protocols which can help speed up what is often a lengthy legal process. Other advantages that a personal injury lawyer can provide includes the following:

  • You would be offered a free, initial consultation with a personal injury solicitor which allows them to assess whether you have a strong claim and that your employer could be held liable for the broken jaw you suffered
  • Once you sign a Conditional Fee Agreement (CFA), it allows the solicitor to commence working on your broken jaw claim without asking you to pay an upfront fee. There would be no ongoing payments to find as your case progresses either whether it has to go to court or an out of court final settlement is reached
  • A personal injury solicitor would be in a position to let you know as soon as possible as to the amount of broken jaw compensation you may receive
  • The solicitor would ensure that your broken jaw is examined by an independent doctor who would produce a medical report that would be used as a basis for the amount of general damages you receive
  • The solicitor would ensure that you are awarded a level of compensation that is acceptable and fair
  • Should your case be complex and your injuries severe, a lawyer working on your behalf would request that interim payments are paid right up till when you receive an agreed final settlement
  • If you need ongoing therapy and treatment for your broken jaw, the solicitor would make sure that the cost is included in the amount of special damages you are awarded in a successful claim

Personal injury lawyers have vast experience in managing claims for injured parties and work hard to ensure that all the evidence that is required is gathered in a timely manner to prevent any unnecessary legal delays which could be a set back when it comes to reaching an acceptable final settlement on a broken jaw at work claim against a negligent employer.

What Is The Time Limit To Filing a Broken Jaw Claim Against My Employer?

If you want to make a broken jaw at work claim against your employer, you would need to do so within 3 years which is the statutory time limit that is associated with all personal injury claims. However, when the statutory time limit begins can differ depending on what circumstances surround the injury you sustained in the workplace which is as follows:

  • If you suffered a broken jaw while you were at work prior to your 18th birthday, the 3 year statutory time limit would begin from the day you are 18 years old
  • If you are diagnosed as suffering from a health issue that a doctor can link to the broken jaw injury you suffered, the statutory 3 year time limit would begin from the date you were diagnosed
  • The 3 year statutory time limit begins from the date you suffered a broken jaw at work

Although 3 years seems like plenty of time to make a personal injury claim, it is far better to begin a claim against a negligent employer as soon as possible. The reason being that should your employer deny liability an accident at work lawyer could recommend that you file a lawsuit against them but only if they believe you have a very strong chance of winning your case through the courts. Gathering all the evidence needed takes time and a lot of effort, and investigating the circumstances surrounding the workplace incident that left you with a broken jaw can also take up a lot of time too.

Employee Injury At Work Advice

Other proof that would be required and which can take time to gather includes the following:

  • Specialist medical reports on the injuries you sustained and the prognosis
  • Witness statements

On top of this liability insurance providers tend to drag their feet when it comes to replying to correspondence relating to your claim. Having the expertise of a personal injury solicitor handle your claim means that pre-action protocols are respected which in itself can help speed up what is often a very lengthy legal process.

Would I Lose My Job if I Claim Compensation for a Broken Jaw at Work?

Part of your worker’s rights is the “right” to seek compensation from an employer should you suffer an injury in the workplace through no fault of your own. Even if you think you may be partly responsible, you should still contact a personal injury lawyer because your employer could also be deemed partly liable for the injury you suffered.

An employer cannot fire you because you file an accident at work claim against them nor can they imply you may lose your job or be made redundant. Should an employer act in this way towards you because you seek compensation from them, they would be breaking the law. As such, you should discuss your concerns with a lawyer who specialises in employment law because you may be able to file further legal action and seek more compensation from your employer.

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

If a personal injury lawyer believes that your employer could be held responsible for the broken foot injury you suffered in the workplace, they would represent you on a No Win No Fee basis which means that should you lose your claim, you would not have to pay them any legal fees.

However, if you win your accident at work claim against an employer, the success fee that is written into the No Win No Fee agreement you signed would be deducted from the amount of broken foot compensation you are awarded and would be done so directly the solicitor who represented you. In short, you would not have to worry about finding the “success fee” that would be due on a successful broken jaw claim against your employer.

Informative Links

If you suffered an injury in the workplace and would like to know more about your worker’s rights and health and safety regulations in the workplace, the following link provides essential reading on the topic:

More about health and safety regulations and your employer’s responsibilities

If you would like to know more about reportable workplace accidents and injuries, the following link provides valuable information on the topic:

More about reportable accidents and injuries in the workplace

 

 

Employee Injury At Work Advice

I Broke My Foot at Work, Can I Claim?

Employee Injury At Work Advice
You could be involved in all sorts of accidents at work that result in a broken foot injury which would put you out of action for weeks if not months. Should your injuries be extremely severe, you may need to undergo surgery which means you may not be able to work again which is especially true if the bones in your foot were crushed. To find out more about broken foot at work injuries and whether an accident at work claim against your employer would be valid, please read on.

The Most Common Causes of Broken Foot Injuries in the Workplace

As previously mentioned, you could suffer a broken foot in a variety of ways while carrying out jobs you are tasked to do during a normal working day. However, the most common causes of this type of injury to the foot are as follows:

  • A trip, slip and fall incident
  • A heavy item falling on your foot whether from a height or not
  • Coming into contact with a moving vehicle or machinery

If you suffer a broken foot at work and you believe your employer could have done more to prevent the accident from happening, you should discuss your concerns with a personal injury lawyer who would agree to represent you on a No Win No Fee basis if they believe your case against an employer is strong.

The Consequences of Sustaining a Broken Foot in an Accident at Work

Your foot is made up of 26 bones any of which could be broken in an accident in the workplace.  Any sort of foot injury could mean that you are unable to work and bring in your normal wage whether for days, weeks or months. A broken foot is a serious concern because if your bones are crushed, it can lead to a permanent disability. The result is that your job prospects are negatively impacted. If you have to undergo surgery to have pins inserted into your foot, there may be complications and the risk of infection is greatly increased.

If you suffer a broken foot at work and you can show that your employer was negligent and that they failed keep you as safe as possible in the workplace, you could file a personal injury claim against your employer and seek compensation.

What Complications are Associated with Broken Foot Injuries?

Because there are so many bones that make up a foot, 26 in all, it can result in several complications which includes the following:

  • Neurovascular and soft tissue damage
  • Blood loss
  • Localised contamination
  • Infections

The above are the initial complications associated with fractures and broken bones. However, there are delayed complications that may develop which includes the following:

  • Malunion – where the bones do not mend or knit correctly
  • Embolic complications
  • Osteomyelitis
  • Loss of function

Other risk factors that may result in complications occurring if you suffer a broken foot at work include the following:

  • The complexity of the fracture to the foot
  • The quality of treatment and management
  • Overall health and well-being
  • Age

If you develop any sort of complication having suffered a broken foot at work, it could mean that you would be unable to work for that much longer putting you under more financial stress. A personal injury solicitor would ensure that your losses are compensated in a successful broken foot injury claim.

How Do I File a Broken Foot at Work Claim Against My Employer?

If you strongly believe that the workplace incident that resulted in you sustaining a broken foot was the fault of your employer or a fellow worker, you should seek legal advice from a lawyer who specialises in accidents at work. The reason being that for a personal injury claim to be valid, you would have to provide sufficient evidence that an employer failed to abide by health and safety regulations which means they could be deemed liable for the pain and suffering you suffered whilst you were carrying out work for them.

What Evidence Do I Need to Provide in a Broken Foot at Work Claim?

When you are injured in the workplace, the evidence needed when filing a broken foot at work claim against an employer would include the following:

  • A copy of the report as noted in the work’s Accident Report Book – if there is no book, you can either send a personal email to your employer detailing the incident and the injuries you sustained or you could write to them
  • A medical report of the injuries you sustained and this should include even minor symptoms you may be experiencing because what might seek minor to begin with, may turn into something more severe further down the line
  • Photographs of where the accident at work occurred
  • CCTV footage if available which an employer is obliged to give you when you request that they do
  • Photographs of the injuries you sustained prior to being treated if possible
  • Witness statements
  • Witness contact details

The more proof you can provide of employer negligence the stronger your claim would be and the more chance there would be that a personal injury solicitor would agree to take on your case on a No Win No Fee basis.

What Level of Compensation Could I Get For a Broken Foot at Work Injury?

The level of compensation that you may receive in a successful claim against a negligent employer would depend on the severity of the injury you sustained to your foot and whether or not it would affect your ability to work again. You would be compensated by damages and losses which are covered by “general damages” for your pain and distress, while “special damages” would be awarded for all the costs of treatments and other expenses you had to pay out because you sustained a broken foot in the workplace.

As a rough guide and from figures published in the Judicial Guidelines for compensation awarded in personal injury claims, please see below:

  • For a simple fracture to the foot with the prognosis being that you would make a full recovery, you may be awarded up to £5,590
  • For a more severe fracture to the foot which involves continued pain, discomfort and minor disability such as limping, you could be awarded up to £10,960
  • Where a broken foot involves a displaced metatarsal which results in permanent disability or a deformity with a strong chance of osteoarthritis developing in the future, you could receive between £10,960 and £19,920
  • For a broken foot that results in continuous pain and discomfort with a high chance of traumatic arthritis developing or where the need for fusion surgery is necessary, you could be awarded between £19,920 and £31,250
  • Where both heels are broken which restricts mobility, you could receive £33,460 and £55,830
  • For extremely severe fracture to the foot where permanent disability is a consequence of the injury, you could be awarded anything from 66,930 and £87,410

The above estimates for a broken foot at work injury cover “general damages” that you could be awarded. However, on top of the general damages you receive, you would also be entitled to receive “special damages” which cover the following:

  • All your medical expenses which includes therapies, treatments, prescriptions and medical aids you may require
  • All your travel costs to and from the places where you receive treatment for your broken foot injury whether at a hospital, specialist treatment centre or other medical facility
  • All of your care costs should you require help around the home during your broken foot recovery
  • The cost of adaptations to your home should these be required
  • All other costs and expenses linked to the broken foot at work injury you suffered

A personal injury lawyer would make sure that all your out of pocket expenses are included in the compensation you are awarded. As such, you must be able to provide all the receipts for the expenses and costs you incurred.

Should I File a Broken Foot at Work Claim Against My Employer?

If you are involved in a workplace incident that left you with a broken foot, you may not be able to work for weeks or even months if your injuries are severe. Should you require surgery on your broken foot, it could result in a permanent disability which as a result means you would not be able to carry out the work you used to do. It is your “right” to seek compensation from an employer, providing there is enough evidence to show negligence on their behalf.

Employee Injury At Work Advice

Your employer must have insurance in place which is “liability insurance”. The policy covers accidents in the workplace and work-related health issues that employees may develop as a result of the work they do. As such, when you seek compensation and providing your claim meets the necessary criteria associated with personal injury claims, it is your employer’s insurance provider who manages your case from the outset and it would the insurer who pays out the broken foot at work compensation you may be awarded whether in an out of court settlement or through the courts.

Most personal injury claims are settled before they go to court if the case against a defendant, in this case your employer, if they accept liability because liability insurance providers do not like to risk losing a case in court. It would mean they would have to pay all the court costs which includes both their own and the claimants, in this instance, yours.

What Worker’s Rights Do I Have If I Suffer a Broken Foot at Work?

Your worker’s rights are extremely protected in the UK. When when you are injured in a workplace accident you have rights and your employer cannot prevent you from doing the following if you suffered a broken foot injury in an accident at work:

  • Your employer cannot prevent you from filing an accident at work claim against them
  • You cannot be prevented from seeking medical attention for the injuries you sustain at work
  • Your employer cannot stop you from seeking compensation from them

Should an employer attempt to stop you or they threaten you or imply that you could lose your job or be made redundant, they would be breaking the law. Their behaviour towards you could entitle you to seek further compensation by filing more legal action against your employer. This includes a detriment claim and an unfair dismissal claim, should you be sacked for seeking compensation for the broken foot injury you suffered in the workplace.

Does An Employer Have Responsibilities Towards Employees in the Workplace?

Not only are your worker’s rights protected in the UK, but an employer has responsibilities towards all employees, workers and other people who visit a work environment too. There are laws, legislation as well as health and safety regulations that must be respected and if they are not, or an employer chooses to ignore them in order to get jobs done faster which results in accidents at work, they would be held liable for all injuries that anyone involved sustained.

Employers in the UK must ensure that a work environment is safe and that all reasonable measures have been set in place to reduce the risk of harm and injury coming to anyone who works for them or who visits a workplace. Employer’s responsibilities include but are not limited to the following:

  • Employees and staff whether permanent, temporary, contractors or agency workers are correctly trained to carry out jobs they are tasked to do in the workplace
  • That working procedures and practices are in place and that all workers are made aware of them
  • That all workers are made aware of any risks and dangers in the workplace
  • That machinery, tools and equipment is correctly maintained in good working order
  • That risk assessments are routinely carried out to identify hazards and dangers
  • That personal protective equipment is available to all employees and other workers when needed

If you sustain a broken foot in the workplace because your employer ignored health and safety measures or they failed to keep the work environment safe for you to work in, you should seek legal advice from a personal injury solicitor prior to filing an accident at work claim against your employer.

Is There a Time Limit to Filing a Broken Foot Injury Claim Against an Employer?

The statutory 3 year time limit that is associated with all personal injury claims against defendants must be respected. However, when the time limit begins depends on the circumstances of the accident that left you injured and this is explained as follows:

  • From when you suffered a broken foot injury in an accident at work
  • From the date you are 18 years of age should the workplace accident have happened before this time
  • From when a medical professional diagnosed you with some sort of medical condition that they link to the broken foot injury you previously sustained in the accident at work

To avoid running out of time when filing an accident at work claim against a negligent employer, it is best to seek legal advice sooner rather than later or you may find that your claim is “statute barred”.

Does Having a Personal Injury Solicitor Represent Me Offer Any Advantages?

Work-related personal injury claims are complex and there are many legal pitfalls to avoid. On top of this, there are what is referred to as “pre-action protocols” that must be respected to ensure that a claim goes as smoothly as possible right from the outset. A personal injury lawyer has the necessary expertise when it comes to representing injured parties in work-related claims which can speed up what can be a slow legal process.

Other advantages of working with a lawyer when filing an accident at work claim against your employer would include the following:

  • Your initial consultation with a personal injury lawyer would be free of charge and you would be under no obligation to proceed with a claim against your employer should you decide not to
  • Once satisfied that your claim is strong enough to win and that your employer failed to keep you safe while in their employment, a personal injury solicitor would begin investigating your claim without the need to request that you pay them any fees whether upfront or ongoing because they would represent you on a No Win No Fee basis
  • Your injuries would be examined by a chosen independent medical professional and it would be the detailed report they produce that would be used to determine just how much in the way of general damages you would be awarded whether through a court or by your employer’s liability insurers in an out of court settlement
  • You would be told of the amount of broken foot injury compensation you may receive in a successful claim as early as possible
  • If your broken foot injuries require ongoing treatment, surgery and/or therapy, a personal injury solicitor would ensure that interim payments are made to you until the final settlement is reached
  • A personal injury lawyer would ensure that the final settlement you are awarded is acceptable

A personal injury solicitor would also make sure that all ongoing treatments and therapies that you may require would be included in the broken foot compensation you receive.

Could I Lose My Job If I Claim Broken Foot Compensation From an Employer?

If you are fired from your job because you seek compensation for a broken foot injury you sustained in the workplace, your employer would be acting unlawfully. There must be another “valid” reason for sacking you and if there is not, you could seek further compensation from your employer. It is also worth noting that an employer cannot imply that you could lose your job or that you could be made redundant for filing a personal injury claim because this too would be deemed as an employer acting unlawfully towards you.

Would a Personal Injury Lawyer Represent Me On a No Win No Fee Basis?

As previously mentioned, once a personal injury lawyer believes you have a strong case against a negligent employer and that you could receive broken foot compensation whether in an out of court settlement or because your case goes before a judge, they would investigate your accident at work claim on a No Win No Fee basis. This means that you would not have to pay any fees whether it is a retainer to the solicitor or ongoing payments as your broken foot injury claim progresses.

All the worry of finding funds to pay for the legal advice and representation needed when making an accident at work claim is taken off your shoulders which allows you to focus on your recovery. No Win No Fee lawyers take on the risk of losing a claim which means that should your claim not succeed you would not pay the “success fee” as laid out in Conditional Fee Agreement. The only time you pay the solicitor is when you are awarded broken foot at work compensation and the amount is taken from the amount you receive.

Informative Links

If you suffered a broken foot in an accident at work and would like more information on the laws that protect you in the workplace, the following link provides essential reading on the topic:

More about the laws that protect you in the workplace

If you would like more information regarding surgery on a broken foot, the following link provides valuable reading on the topic:

More about surgery on broken bones

Employee Injury At Work Advice

I Slipped in a Loading Bay, Am I Entitled to Compensation?

Employee Injury At Work Advice

If you slipped in a loading bay while at work or visiting a workplace, you may be entitled to seek compensation for the injuries you suffered from an employer or business owner. However, for your personal injury claim to be valid, you must be able to provide enough evidence relating to the accident at work and that the incident occurred within the statutory time limit of 3 years. To find out more on whether you have a valid slip injury claim against an employer or business owner and whether you would be entitled to compensation, please read on.

Establishing Responsibility for a Loading Bay Injury Due to a Slip?

If you slipped in a loading bay and suffered an injury, it is important that you are able to prove responsibility on the part of a third party, whether it is your employer, a fellow worker or the owner of a business/company. Whether you are an employee or visitor to a work environment and suffer an injury in the loading bay, an employer/business owner has a legal duty to ensure that you are kept safe from harm and injury. If they fail to do so, they could be deemed negligent and you could, therefore, be entitled to seek compensation for the loading bay injuries you sustained.

Occasionally, the responsibility for a slip in a loading that results in injury can fall to both parties which is referred to as “split liability”. If this should be the case, a judge may rule “contributory negligence” on the part of an employer/business owner and the injured party, in this instance yourself. If it is found that you were 25% at fault for the loading bay injuries you sustained, the amount of loading bay injury compensation you may be awarded would reflect this, in short, you would only receive 75% in the way of compensation for the injuries you sustained.

The Risks Of Slipping in a Loading Bay

Loading bays are high on the list of work environments that put you more at risk of suffering an injury. An employer/business owner must ensure that hazards signs are erected in highly visible areas as a warning to both employees and visitors to a loading bay so they are alerted of the dangers and hazards that may be present.

If there was any sort of spillage, icy surfaces or areas that are known to be slippery in a loading bay, an employer/business owner must ensure that anti-slip surfaces are installed in order to reduce the risk of employees and other people slipping and injuring themselves in a loading bay.

If you slip in a loading bay and injure yourself, you should discuss the circumstances leading up to the incident with a personal injury lawyer who would quickly be able to establish whether your claim against an employer/business owner is valid and whether they could be deemed to have been negligent in their duty to keep you safe from harm and injury while in their employment or visiting the loading bay.

How to Report a Slip in a Loading Bay

You must report the slip incident in a loading bay to the employer, business owner or the person in charge as soon as you possibly can. This report would be needed as proof that incident occurred and would provide essential details of the injuries you suffered. You have the right to check whether the details of your loading bay accident were correctly recorded, and if you find that some of the information is incorrect, you have the right to correct it before adding your signature to the report whether this is in a company’s Accident Report Book or other official means. This could be in a personal email sent to the employer/business owner or in a written letter to them remembering to keep a copy for your own personal records.

Are My Slip in a Loading Bay Injuries Severe Enough to File an Accident at Work Claim?

The more serious the injuries you sustained when slipping in a loading bay, the more chance you would have of being able to file an accident at work claim against an employer or business owner. However, even if the symptoms you initially experience appear to be minor, it is worth noting that things might worsen as time goes on. As such, it is important to seek medical advice from either your own GP or at the Emergency Department of your local hospital as soon as possible so that you have an official medical report of the injuries you suffered that provides details of the minor symptoms you may be experiencing.

What Are the Chances of My Slip Injury Claim Being Successful?

The main criteria that must be met for an accident at work claim against an employer or business owner to be successful are detailed below:

  • Can an employer/business owner be held liable for the loading bay injuries you suffered?
  • Did you get a medical report of the injuries you sustained?
  • Did the accident in the loading bay occur in the last 3 years

For your slip injury in a loading bay claim to be successful and to ensure that you are awarded the correct level of compensation, you would have to provide the following:

  • Proof that the incident was officially recorded at the time or as soon afterwards as possible
  • Witness statements and their contact details
  • Photographic proof of the accident and the injuries you suffered
  • A detailed medical report of the loading bay injuries you sustained
  • Receipts of all the expenses relating to the injuries you sustained

If all of the above can be met proving that the slip injury you sustained in a loading bay, a personal injury solicitor would undertake to prove your claim against your employer or a business owner and would do so by signing a No Win No Fee agreement with you which means the lawyer can begin their investigations without you having to pay them a retainer to do so. There would be no ongoing payments to find as your case against an employer goes forward either.

What Could I Include in My Slip in a Loading Bay Claim?

You would be able to claim both for your injuries (damages) and your out of pocket expenses (losses) in your slip injury claim against your employer or a business owner. The compensation awarded in personal injury claims is divided into two parts which are general damages and special damages.

General damages cover the pain and the distress you suffered because of the loading bay injuries you sustained through no fault of your own. The amount you would receive is based on Judicial Guidelines and the medical report that was carried out detailing your injuries. The Judicial Guidelines provide information on the level of compensation you may receive for injuries sustained through no fault of your own. However, you would also be awarded “special damages” for all your out of pocket expenses too.

Employee Injury At Work Advice

Special damages are awarded as a way of compensating you for your losses which would be all the associated expenses you endured as a result of having slipped and injured in a loading bay. This would include loss of income, future earnings, damage to personal items/belongings, how the injuries impact your ability to ensure the activities you used to take part in and your social life. Special damages also cover whether there was a need for you to undergo post-accident treatment and care.

What Are My Rights if I Slip in a Loading Bay and Suffer an Injury?

As previously mentioned, employers/business owners have a legal duty to ensure that a work environment is safe and that all those who work in a loading bay or who visit the area are kept secure and safe from harm and injury. Your rights are as follows:

  • To seek medical treatment for injuries you sustained if you slip in a loading bay – should an employer/business owner attempts to prevent you from doing so, they would be deemed to be acting unlawfully
  • To seek compensation for the loading bay injuries you sustained by filing a personal injury claim against an employer/business owner
  • To know that your job is secure if you file an accident at work claim against your employer/business owner

If you are an employee and you slipped in the loading bay and suffered an injury, your employer does not have the right to sack you because you file a personal injury claim against them. Should an employer threaten to fire you, make you redundant or even imply that this could happen if you choose to seek compensation for loading bay injuries you sustained, you should contact an employment law solicitor because you may be able to take out further legal action against your employer for having breached your worker’s rights. Employers cannot apply pressure towards you in any way if you slipped in a loading bay and suffered an injury.

Does An Employer have Responsibilities Towards Employees in the Workplace?

Employers have many responsibilities towards their employees and by law, must ensure that a work environment is as safe as possible for both workers and visitors to the site. An employers’ responsibilities include but are not limited to the following:

  • To ensure that all employees, other workers and staff are given sufficient training to carry out the jobs they are tasked to do as safely as possible
  • To ensure that all employees and other workers are provided with adequate guidance relating to accident management protocols, where safety exits are and detailed information on any hazards and dangers that may be present in a work environment
  • To ensure that all employees, other workers and visitors to a work environment are provided with adequate personal protective equipment that is in good condition
  • To ensure that all machinery, equipment and tools are in good working order and to replace any that cannot be repaired with new
  • To ensure that risk assessments are routinely carried out to identify risks to employees, other workers and visitors to a work environment

Should an employer choose to cut corners or to ignore health and safety regulations that are in place to protect employees, other workers and visitors to a work environment and as a consequence of their decisions, you slip in a loading bay and suffer injuries, the employer could be deemed liable and would have to pay you compensation for the pain and distress you suffered through their negligence.

Is There a Statutory Time Limit to Filing a Slip Injury Claim?

The statutory time limit that must be respected is 3 years but when it begins would depend on the circumstances of the accident in a loading bay you were involved in. This is explained below:

  • 3 years from when you sustained your injuries in a workplace
  • 3 years from your 18th birthday if the incident happened before this
  • 3 years from being diagnosed by a medical professional as suffering from a health issue they directly link to the injuries you sustained when you slipped in a loading bay

It is far better to begin a personal injury claim early because you would need to gather all the evidence needed to prove your case. Without this, your claim may fail. Medical reports and other vital proof of your injuries are an essential part of your case against a negligent employer and it can take a lot of time as well as effort to get this vital evidence together. A personal injury lawyer would advise you from the outset what is needed to strengthen your claim against a negligent employer which would ensure that your case meets all the criteria needed for it to be valid.

Should I Sue If I Slip in a Loading Bay And Suffer an Injury?

Providing the injuries you sustained were through the negligence of either an employer or business owner and through no fault of your own, you have the right to seek compensation for the distress and pain you were caused. Your injuries may be such that you are unable to work or carry out normal daily chores. You may be off work for a considerable amount of time which in short, means you may only be entitled to Statutory Sick Pay (SSP). This can put a lot of financial strain on your life while also affecting your loved ones. Seeking slip injury compensation with the help of a personal injury lawyer would help alleviate this pressure allowing you to place all your focus on recovering from the injuries you suffered when you slipped in the loading bay.

Employers in the UK are legally bound to hold valid liability insurance with the cover being £5 million. The policy must be issued by a recognised provider and employers/business owners should display the certificate in a prominent place within a work environment. When you are injured in a workplace, you can request details of the owner’s insurer which they must provide.

It is the insurance company that pays out the personal injury compensation you may be awarded if your case is upheld. The insurer handles all aspects of your slip injury claim whether it is disputed or not. Should an employer/business owner choose to deny liability for the injuries you sustained, an personal injury lawyer could recommend filing a court action against them providing it is felt that your case is strong enough to win should it go before a judge. If this is so, you may have to attend court and a final settlement may take longer to reach.

However, if the employer/business owner accepts liability, their insurer would typically offer an initial settlement. The solicitor who represents you would advise that this initial offer should not be accepted and would work hard to ensure that the liability insurance provider raises the amount of slip injury compensation you receive in an out of court settlement with 95% of personal injury claims being settled in this way.

What Benefits Can a Personal Injury Solicitor Provide?

Personal injury solicitors have vast experience when it comes to representing people and workers who suffer injuries in a work environment which includes loading bays. They know how to communicate with the companies that issue liability insurance policies and always respect the necessary pre-action protocols that should be adhered to when filing accident at work claims. Other advantages of having the expertise of a personal injury lawyer work on your case includes the following:

  • Once satisfied that you have a strong case against an employer or business owner who could be held responsible for the injuries you sustained when you slipped in a loading bay, the solicitor would offer to work on your claim on a No Win No Fee basis, taking all the worry of finding the money to pay for legal representation off the table
  • You would have no upfront fee or ongoing payments to find as your claim progresses whether through the courts or in negotiations with an insurance provider
  • A personal injury lawyer would let you know at the earliest opportunity the amount of slip injury compensation you may be entitled to receive in a successful claim
  • A personal injury lawyer would arrange for an independent medical professional to examine you so they can provide an essential report on the extent of the injuries you sustained when you slipped in a loading bay. This report would be used as a basis for the general damages you receive
  • The solicitor would ensure that interim payments are paid should it take longer for a final settlement to be reached
  • The amount of slip injury compensation you receive is fair and acceptable

A personal injury lawyer would also ensure that should your injuries be such that you require ongoing, long-term therapy, the cost of this would be included in the “special damages” you are awarded in a successful slip in loading bay injury claim.

Informative Links

If you slipped in a loading bay and suffered an injury that left you unable to work and would like more information on an employer’s/business owner’s responsibilities towards you, please click on the link below:

More about health and safety regulations in the workplace

If you would like more information relating to No Win No Fee agreements, please follow the link below:

More information about No Win No Fee agreements

Employee Injury At Work Advice

I Was Injured on a Construction Site, Can I Claim Compensation? – A Guide To Work Injury Claims Calculate Amounts

If you are a direct employee of the company responsible for the work being carried out on a construction site, a subcontractor or even a member of the public and you sustain any sort of injury while on a construction site, you could be entitled to seek compensation for the injuries you sustained providing your case meets the required criteria that is attached to all personal injury claims.

Employee Injury At Work Advice

To find out more about how to claim compensation for a construction site injury, please read on.

The Legal Requirements Associated with the Construction Industry

All construction companies in the UK are legally required to ensure that a work environment is secure and safe for workers as well as visitors to the site. There are Health and Safety regulations that are in place to ensure that workers and visitors to a construction site are kept as safe as possible.

These laws include the following:

• Construction (Design and Management) Regulations 2015
• Control of Substances Hazardous to Health Regulations (COSHH) 2002
• Health and Safety (Consultation with Employees) Regulations 1996
• Health and Safety at Work etc Act 1974
• Lifting Operations and Lifting Equipment Regulations (LOLER) 1998
• Management of Health and Safety at Work Regulations 1999
• Provision and Use of Work Equipment Regulations (PUWER) 1998
• Work at Height Regulations 2005

The Consequences of Being Injured on a Construction Site

All too often construction site injuries are severe and have serious consequences for the people who are involved which includes suffering from psychological trauma. The types of construction site accidents that result in serious injury include the following:

• Falls from ladders
• Falls from scaffolding
• Falls into holes
• Being struck by a falling object
• Being struck by a moving works vehicle
• Operating faulty machinery or equipment
• Because safety guards were not in place or poorly maintained
• Incorrectly labelled chemicals and other hazardous substances/liquids
• Incorrectly stored chemicals and other hazardous substances/liquids
• Exposed electrical wires/circuits
• Insufficient manual handling and lifting training

If you suffered a construction site injury and you can prove employer negligence or that the incident happened because of a work colleague, you could be entitled to seek compensation by filing a construction site injury claim.

Who Is Liable If I Suffer Construction Site Injury?

When it comes to establishing liability if you suffer an construction site injury, it would fall to the employers because they have a legal obligation to ensure that a construction site is safe and secure at all times for both the workers and all visitors to the work environment.

The employers responsible for the construction site injuries you sustained, could be any of the following:

• Construction site management companies
• Construction employers
• Contractors
• The organisation responsible for all health and safety on a construction site

A personal injury lawyer would work hard to establish as to who could be held responsible for the construction site accident you were involved in by investigating the circumstances leading up to the incident and by assessing the evidence that you provide.

Should I Sue for Compensation If I Am Injured in a Construction Site Accident?

Claiming compensation for injuries you sustained in a construction site accident would help you cope with many of the problems you could be forced to deal with and would do so in several of the following ways:

  • The compensation you are awarded would pay for any private medical care and treatment you may require and this includes rehabilitation and physiotherapy which could help speed up your recovery
  • The amount of construction site injury compensation you receive would make up for all of your lost income and future earnings should your injuries be so severe, you would not be able to work again
  • In the event of a fatality, the compensation awarded would help loved ones cope a little better for the loss they suffered

You have the right to seek compensation for injuries you sustained in a construction site accident and if your case against an employer is strong, a personal injury lawyer would be happy to take on your case on a No Win No Fee basis, which means you would not have to worry about paying for legal representation when you need it the most. The solicitor would begin working on your claim without having to request an upfront fee which takes all the financial pressure off your shoulders.

What are My Rights Following a Construction Site Accident?

As previously mentioned, an employer cannot prevent you from seeking compensation for injuries sustained in a construction site accident because if they do, they would be in breach of your worker’s rights. The employer cannot fire you because you file an accident at work claim against them either.

If your boss does treat you detrimentally, unfairly or they threaten you in any way with redundancy or the sack, even if implied, you should discuss your concerns with a solicitor who specialises in employment law. You could be entitled to more compensation from your employer by filing further legal action against them.

What Level of Construction Site Injury Compensation Would I Receive?

The level of construction site injury compensation you may be awarded if you win your case would depend on the extent of the injuries you sustained and how they impact your life as well as your ability to work. When it comes to general damages, these are awarded for the pain, suffering and loss of amenity you had to endure due to being injured on a construction site. These are calculated using the Judicial Guidelines which are provided as a way of estimating the amount of personal injury compensation you may be awarded.

On top of the general damages you may be awarded, you would also receive “special damages” which are to compensate you for all the expenses and other costs you had to pay out as a direct result of having sustained construction site injuries through no fault of your own.

You can claim the following in special damages:

  • Travel costs to and from treatments and therapies whether at a hospital or other medical facility whether you get there by car, taxi, bus, train or other means
  • Medical expenses which includes prescriptions, medical aids and other necessary medical costs
  • Care costs should your injuries mean that you require help around the home during your recovery
  • Home adaptations should your house need to be modified to make it easier for you to move around
  • All other expenses that can be directly linked to the construction site injury you sustained

It is vitally important to hold onto all your receipts as these would be required as proof of the out-of-pocket expenses and costs you had to pay as a result of your injuries.

Employee Injury At Work Advice

Would My Construction Site Injury Claim Be Valid?

Providing you have enough evidence that the construction site injury you suffered was caused by a third party whether it was through employer negligence or the error/misjudgement of a fellow worker, your claim would be valid and a personal injury lawyer would agree to work on your case by asking you to sign a Conditional Fee Agreement with them.

This legal contract is often referred to as a No Win No Fee agreement because should you lose your construction site injury claim, you would have nothing to pay. You only pay the “success fee” that is set out in the CFA you signed when you are awarded construction site injury compensation and the amount would be deducted from the compensation you receive.

For your claim to be valid, you would need to prove that the construction employers as well as, or the site management providers did set the following measures in place:

  • That all site workers and staff were given a “safety induction” detailing all aspects of the site on which they would be carrying out work
  • That every worker was made aware of hazards, dangers and risks to their health and that they were instructed on how to deal with accidents and where to seek first aid
  • That all site health and safety signs are correctly displayed so they are clearly visible to all workers and visitors to a construction site
  • That all workers were made aware of their own safety obligations
  • That everyone that works or visits a construction site was wearing adequate personal protective equipment (PPE)
  • That all workers were given adequate manual handling training
  • That site workers were adequately trained and qualified to operate machinery, tools and equipment they were tasked to use on the construction site
  • That all tools, machinery and equipment was in good working order and correctly maintained
  • That all faulty tools, machinery and equipment was removed from the construction site
  • That all dangerous, hazardous, noxious chemicals were handled in compliance with the law (Controls of Substances Hazardous to Health Guidelines-  COSSH)
  • That all chemicals were stored and controlled in compliance with the law

If you think the construction site management company, the contractor or your employer did not do their duty to keep you safe while on a construction site and that you were exposed to being injured as a consequence, you could be entitled to claim compensation and you should contact a personal injury lawyer to seek advice on how best to proceed in filing a construction site injury claim.

Who Pays The Compensation in a Construction Site Injury Claim?

Employers must hold insurance which covers injuries and work-related health issues that employees and workers can sustain or develop when carrying out the jobs they are tasked to do. This liability insurance must be issued by a recognised insurance provider and must meet the legal requirement of £5 million. The certificate of insurance should be displayed where people can see it and when you are injured in a construction site accident, you can request an employer’s insurance provider’s details which they must give you in a timely manner.

It is the employer’s insurance provider who would handle your construction site injury claim from start to finish which means that it is the insurer who pays out the compensation you would receive in a successful claim whether your case has to go to court because the employer denies liability or in an out of court settlement. Most personal injury claims are settled this way because insurers do not like the risk of losing in court which would mean them paying both the claimants court costs and their own.

Would I Be Fired For Filing a Construction Site Injury Claim?

You cannot be fired because you seek compensation from an employer and if you are, you should seek legal advice straight away. The reason being that your employer would be in breach of your worker’s rights which are that you can file a personal injury claim to seek construction site injury compensation without having to worry about being sacked from your job.

If an employer, whether the construction company or other attempts to sack you because you file an accident at work claim against them, they would be in breach of the laws which protect you from this type of unfair treatment. As such, you should seek advice from a lawyer because you may be entitled to seek further compensation from an employer by filing a detriment claim against them.

Is There a Time Limit Associated with a Construction Site Injury Claim Against an Employer?

Personal injury claims must be filed within a specific time which is the statutory time limit of 3 years. However, it would depend on the circumstances surrounding your construction site accident as to when the time limit would begin. This is as follows:

  • The statutory 3 year time limit begins from the date when you sustained a construction site injury
  • The statutory 3 year time limit would begin from the date you have been diagnosed as suffering from some kind of medical condition that a doctor or specialist has linked to the construction site injuries you sustained
  • The statutory 3 year time limit would begin from the day you are 18 years old should you have been injured in a construction site accident prior to this date

Although 3 years may seem a long enough time to seek construction site injury compensation, gathering all the required evidence and other proof that the accident occurred either through employer negligence can take much longer than first imagined. As such, the sooner a claim is started the less chance there would be of your accident at work claim being “statute barred”.

What Advantages Can a Personal Injury Solicitor Offer in a Construction Site Injury Claim?

Personal injury lawyers have the expertise required to manage construction site injury claims and boast vast experience when it comes to communicating both with employers and their liability insurance providers. Solicitors know what you are entitled to receive in a successful personal injury claim and are aware of all your worker’s rights following an incident that leaves you with a construction site injury.

Other benefits of contacting a personal injury solicitor from the outset of filing your claim includes the following:

  • With all the years of experience in dealing with accident at work claims, lawyers can speed up what is often a long and complex legal process. Liability insurance providers have a tendency to drag their feet when responding to correspondence they receive. A personal injury lawyer would ensure that all “pre-action protocols” are respected which encourages insurance companies to respect the time it takes them to respond to letters they are sent relating to your construction site injury claim
  • Personal injury lawyers are able to access legal libraries which they refer to and use as precedents for your construction site injury claim
  • The lawyer who represents you would work on your claim on a No Win No Fee basis once they are satisfied that you have a strong case and that the employer could be held liable for the injuries you sustained in a construction site accident
  • The solicitor would let you know at the earliest opportunity how much construction site injury compensation you could be awarded in a successful personal injury claim
  • A personal injury lawyer would arrange for your injuries to be examined by an independent medical professional and the report they provide would be used as a basis for the “general damages” you receive in a successful claim
  • A solicitor would work hard to ensure that you are awarded a level of compensation for the injuries you sustained that is fair and acceptable
  • Should your case be complex and your injuries severe, the solicitor would ensure that you receive interim payments so that you are not put under any financial pressure as your claim progresses
  • Should your injuries be so severe that you require ongoing, long-term treatment and therapy, the personal injury solicitor who represents you would ensure that the cost of this is included in the construction site injury compensation you receive

If you were injured in a constructions site accident and would like to seek compensation from a negligent employer, you should discuss your case with a personal injury lawyer who would tell you how to go about making a claim and what evidence would be needed.

Would a Personal Injury Lawyer Represent Me On a No Win No Fee Basis?

Providing you can offer enough strong evidence that your construction site injury was caused through employer negligence or by a fellow worker, a personal injury lawyer would typically offer to represent you on a No Win No Fee basis which in short, means they would begin investigating your case against the employer without you having to pay them to do so. There would be no upfront fee or ongoing fees to pay as your construction site injury claim progresses either.

Conditional Fee Agreements explain the percentage, the “success fee” that you would have to pay on a successful construction site injury claim. The legal contract between you and the solicitor who represents you also sets out the Terms and Conditions of the agreement which in short, means it tells you what to expect work-wise from a solicitor. The “success fee” which is the percentage you would pay a personal injury solicitor is taken from the money you are awarded in compensation for the injuries you sustained and out of pocket expenses you had to pay out.

Should you not win your construction site injury claim against the employer, the “success fee” would be waived because you entered into a CFA with the solicitor, hence why the contract is more commonly referred to as a No Win No Fee agreement.

Employee Injury At Work Advice

Informative Links

If you would like to find out more information on your worker’s rights following a construction site injury you sustained, please click on the link below:

More about your worker’s rights after being injured in a construction site accident

If you would like more information on an employer’s responsibilities on a construction site, please click on the link below:

The laws relating to construction sites

Accident at Work Without an Employment Contract, Can I Claim?

Employers are not legally obliged to provide you with an employment contract when you work for them. However, having a contract does mean that you are made more aware of your rights and your contractual obligations. With this said, employment contracts can be “verbal” agreements which is typically the case if you work for a smaller company, smaller business or employer. As such, if you are injured in an accident at work without an employment contract, you still have the right to claim compensation from an employer which you can do by filing a personal injury claim.

Employee Injury At Work Advice

What is a Verbal Employment Contract?

If you do not have a written employment contract, the chances are that you entered into a “verbal” agreement with your employer. This would have involved discussing the main terms of your role within a company or business. It could be that you were given a staff handbook or manual that your employer provided you with when you first started working for them. It is important that you check to see if any of the documents whether it is a staff handbook, manual, working practices and procedures do not form part of an employment contract but are simply provided as a guidance to how you should carry out the work an employer tasks you to do. Examples being what type of dress code is required and the breaks you would be entitled to take during the course of a working day.

If you only have a verbal contract, it is harder to establish what the terms of your employment are because you would have to rely on both your memory and your employer’s recollection of what was agreed. In England and Wales, your employer by law is required to provide you with a “statement of certain specified terms” which they must do within 2 months of you starting your job with them. Although the statement is not an employment contract, it should clearly describe what you agreed verbally with your employer as to the terms of your employment.

However, when it comes to your workers’ rights if you are involved in an accident at work and you suffer any kind of injury, whether minor or more severe, you still have the right to seek compensation if you can prove negligence on the part of your employer and you case meets specific criteria associated with personal injury claims.

What Are My Rights If I Am Injured in an Accident at Work?

Your worker’s rights are protected whether you have a written or verbal contract with your employer. Your legal rights if you are injured in a workplace accident or develop a work-related medical condition, are also protected which means you are entitled to do the following:

  • Seek medical attention – if an employer tries to stop you from seeing a doctor or seeking medical attention from another medical professional, they would be in breach of the law. If there is a designated first-aider, you should let them examine your injuries before visiting the Accident and Emergency department of the local hospital or your own GP if you are injured in an accident at work, whether you have an employment contract or not
  • Make sure the incident is officially recorded – if there is an Accident Report Book, make sure the accident at work that left you injured is recorded in it. If there is not official Accident Report Book, send a personal email to your employer or written letter detailing the workplace accident and the injuries you sustained. You should also check that the details of the incident have been correctly noted and if you find there are errors, you have the right to correct these before adding your signature to the report as written in the Accident Report Book
  • Check if your employer verbally agreed to pay you sick pay – even if you had a verbal agreement with your employer, you should still check to see if you would be entitled to receive sick pay from them during your recovery bearing in mind that you would be entitled to receive Statutory Sick Pay (SSP). As such, you should check whether your employer has indeed made sure you are registered with SSP which you can do by contacting the local benefits office
  • Get witness statements and their contact details – the more evidence you can provide the stronger your claim for accident at work compensation would be even if you do not have a written contract of employment with your employer
  • Take photos of where the accident at work happened – these would be needed when filing an accident at work claim against your employer
  • Get a copy of the CCTV footage if available – your employer is obliged to provide CCTV footage when you put in a request and must do so in a timely manner
  • Make sure you get a detailed medical report providing evidence of the extent of the injuries you sustained in a workplace accident
  • Make sure you attend all your medical appointments – even if you return to work and still have outpatient appointments, you should ensure that you attend them bearing in mind that your employer is obliged to let you
  • Make sure you are fully recovered before returning to work – your employer cannot pressure you to return to work if you are not ready to do so

Your Right to Claim Compensation for Injuries Sustained in a Workplace Accident

As previously mentioned, you have the right to seek compensation if you are injured in an accident at work whether you have a written or verbal contract with your employer. You have the right to be compensated for the damage and losses you incurred providing your case meets specific criteria associated with personal injury claims. The “damages” you would be awarded are to cover the workplace injuries you sustained while your “losses” are awarded in a successful accident at work claim to compensate you for all the expenses and other costs you paid out because you were injured in the workplace.

General damages cover your injuries, the pain, suffering and any loss of amenity you may have had to endure. As such, the amount of general damages you would receive would reflect the extent of the workplace injuries you sustained and how your injuries affect your life and ability to work.

Special damages cover your medical and travel expenses which would include the following:

  • Prescriptions
  • Medical care, treatment and therapy that is not covered by the NHS
  • Medical aids which includes walking frames and other aids that you need
  • Travel to and from treatments whether you go by car, taxi, train, bus or other means
  • Care costs should your injuries require you to have daily care in the home
  • Home adaptation if your injuries are such that your house needs to be modified

Would My Accident at Work Claim be Valid?

For your accident at work claim to be valid, you would have to provide proof that your employer was negligent in their legal duty to keep you safe while in their employment and carrying out jobs that you are tasked to do by them. Even if you believe you may be partly responsible for the workplace injuries you sustained, you should still discuss your case with a personal injury lawyer because your employer may be partly liable which in legal terms is referred to as “contributory negligence”. If this is the case, the amount of accident at work compensation you would receive would reflect the level of liability you are deemed to have had.

Employee Injury At Work Advice

Other criteria that your personal injury claim must meet is that the workplace incident that left you injured occurred within the last 3 years which is the statutory time limit associated with all claims although where children are involved, the time limit is longer. Should you run out of time, your claim would be deemed “statute barred” and even if you have plenty of evidence that your employer was negligent, you would not be able to claim accident at work compensation from them.

What Are An Employer’s Responsibilities Towards Employees in the Workplace?

There are laws and legislation that protects employees and other workers which an employer must respect and abide by. Health and Safety regulations must be adhered to and should your employer choose to ignore them or cut corners to get a job done faster which results in you suffering an injury in an accident at work, they could be held liable. Your employer’s responsibilities include the following:

  • Were you provided with adequate training to carry out a job you were tasked to do by an employer safely? Your employer has a duty to ensure that all people who work for them are correctly trained to do their jobs. It could involve being trained in manual handling, to use specialist machinery or equipment. If you were not correctly trained to an acceptable standard, your employer would be deemed in breach of Health and Safety regulations
  • Were you informed of accident management protocols, were you made aware of the hazards in the workplace and were you told where the safety exits were situated? If you were not, again your employer could be deemed negligent
  • Did your employer ensure that you were given adequate personal protective equipment (PPE)? If they did not and you suffered any sort of injury whether minor or more severe, your employer could be held liable
  • Was the equipment, machinery or the tools you were given to work with correctly maintained in good working order? If not and you are injured in a workplace incident, your employer could be held responsible
  • Did your employer or the person in charge of the workplace inform you on how to report accidents and where to find the Accident Report Book?
  • Were enough employees working at the time of the workplace accident and were there enough first-aiders present at the time
  • Did your employer respond in a timely manner to any concerns regarding potential dangers in the work environment when they were told of them?

Do I Have Workers Rights If I Am Injured at Work?

As previously mentioned even if you do not have a written contract of employer, you worker’s rights are there to protect you which means you can do the following if you are injured in a workplace accident that was caused by either a negligent employer or a fellow worker:

  • Seek compensation for injuries you sustained which includes all the costs and expenses you incurred that can be linked to your injuries
  • Your job is safe if you seek compensation by filing an accident at work claim against your employer

Can An Employer Pressure Me If I Sue Them For Compensation?

Many employees worry that by suing their employer for compensation if they have been injured in an accident at work, would result in them losing their jobs. Injured workers worry they would be treated unfairly or detrimentally by the boss if they file an accident at work claim against them. Should your employer act in this way and threaten you because you seek compensation, they would be breaking the law. An employer cannot put pressure on you to not file a claim either because providing there is proof of employer negligence, you would be entitled to sue for the workplace injuries you sustained.

Your employer would also be acting unlawfully if they even “imply” that you could be made redundant or fired if you file a personal injury claim against them which would entitle you to file additional action against them. This could be a detriment claim or an unfair dismissal claim if you were fired without another good and valid reason other than the fact you sought compensation from a negligent employer.

Should I Sue For Compensation if Injured at Work?

Employers in the UK must hold liability insurance which must meet the legal requirement which stands at £5 million. The policy must be issued by a major, recognised insurance provider and your employer should display the certificate in the workplace. Should you request details of your employer’s liability insurance and their provider, your employer is obliged by law to provide this to you in a timely manner.

When you are injured in the workplace because of negligence on the part of a third party, whether it is your employer or a work colleague who could be held liable, you may not be able to work for a period of time. As a result you may only be entitled to receive SSP – statutory sick pay – during the time you are unable to work. This could put you and your loved ones under a lot of financial pressure if you cannot pay your normal living expenses. Seeking compensation from an employer who failed to keep you safe from injury in the workplace because they were in breach of Health and Safety regulations, would take this pressure off you allowing you to concentrate on getting better.

When you seek compensation for an accident at work, it is your employer’s insurers who deal with your claim against your employer. The insurance company would pay out the accident at work compensation you are awarded if your case succeeds, whether it goes to court or not. It is noteworthy that 95% of personal injury claims are settled before going before a judge because insurance companies do not want to take the risk of losing a court case. The reason being the insurer would have to pay the claimants court costs as well as their own.

What Advantages Are There to Having a Personal Injury Lawyer Represent Me?

There are many advantages to having a personal injury lawyer represent you when you file an accident at work claim against your employer, more especially if your claim against them is disputed. Solicitors have the expertise and experience when it comes to gathering all the evidence needed to prove a claim and have all the tools necessary to investigate disputed accident at work claims.

One of the main advantages of contacting a personal injury solicitor when injured in the workplace, is that you would have the benefit of being examined by an independent medical professional who would produce a detailed report on the injuries you sustained at work. This detailed medical report would be used as the basis to calculate the level of general damages you could be awarded if your accident at work claim is successful.

Other advantages of having a personal injury lawyer represent you when filing an accident at work claim against your employer also includes but is not limited to the following:

  • Your initial consultation with a personal injury lawyer would be free of charge and you would be under no obligation to continue with your claim against an employer if you decide not to proceed
  • The solicitor would work with you on a No Win No Fee basis once they have assessed that your case against your employer is strong even if you do not have a written contract of employment
  • The solicitor would let you know as soon as feasibly possible the amount of accident at work compensation you may be awarded if your case is upheld whether it goes to court or is settled out of court
  • Personal injury solicitors have vast legal experience when it comes to representing people who seek compensation for injuries they sustained through no fault of their own. Lawyers understand that pre-action protocols must be respected and that the statutory 3 year time limit must be adhered to
  • Personal injury lawyers can access to legal libraries which they can reference when investigating and researching your case against an employer who could be deemed negligent in their duty to keep you safe while you were in their employment
  • A solicitor would work hard to ensure that you are awarded an acceptable level of accident at work compensation and should your case be more complicated, the solicitor would also ensure that you receive interim payments until a final settlement is agreed
  • Should you have suffered extremely severe injuries in the workplace that require you receive long-term therapy, a personal injury lawyer would ensure that the cost of the therapy is covered in the amount of accident at work compensation you are awarded

What is the Time Limit To Making an Accident at Work Claim?

There is a statutory 3 year time limit associated with all personal injury claims although it would depend on the circumstances surrounding a claim as to when the time limit begins which is detailed below:

  • 3 years from the date of the workplace accident in which you suffered injuries
  • 3 years from the date that you were officially diagnosed by a medical professional as suffering from a health issue they have confirmed is linked to injuries you sustained in a workplace accident
  • 3 years from when you turn 18 years of age because should the workplace accident have occurred prior to you being 18 years of age, you can file your claim against a negligent employer on your 18th birthday

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

Providing a personal injury lawyer feels that your case against an employer is strong and that they could be held responsible for the workplace injuries you sustained, they would represent you without the need to request that you pay an upfront fee. Having signed a No Win No Fee agreement, it allows the solicitor to begin investigating your claim and to communicate your intentions to your employer.

You would not have to pay ongoing fees as your accident at work claim against your employer progresses either which allows you to fully concentrate on your recovery. The only time you would pay the “success fee” that is set out in the No Win No Fee agreement is when you are awarded accident at work compensation, whether this is an out of court settlement or in a court hearing.

Employee Injury At Work Advice

Informative Links

If you would like to know more about employment contracts, please follow the link below:

More about contracts of employment

To find out more about your employer’s duty of care towards you in the workplace, please click on the following link:

More information about your employer’s duty of care towards you