The Positives and Negatives for Claiming Compensation for an Accident at Work?

An employer may have the best precautions in place to reduce the risk of injury and harm to employees in the workplace but accidents do still happen. It may be that a workplace accident occurs due to the error of a work colleague or because someone forgot to erect hazards signs following a spillage. Whatever the cause, if you were involved in an accident at work and you sustained any sort of injury through no fault of your own, you could be entitled to seek compensation from your employer. To find out more about the positive and negatives for claiming for an accident at work, please read on.

Employee Injury At Work Advice

The Positives to Claiming Compensation for an Accident at Work

There are many positives to claiming compensation for an accident at work that leaves you with injuries, whether the injury you suffered was slight or a lot more severe, some of which are listed below.

Financial worries would no longer be an issue:

  • Suffering any sort of injury in the workplace could mean not being able to work whether for a short period of time or much longer. Not being able to bring in a wage can put you under a lot of pressure financially and paying monthly bills like a mortgage, rent and other necessary living expenses could become a real problem. Seeking compensation for injuries in the workplace, would help solve any financial worries you may have to deal with allowing you to concentrate on recovering from you injuries

Paying for specialist treatment would no longer be a worry:

  • The accident at work you were involved in could have left you with severe injuries that require specialist treatment and therapy whether the injuries you sustained were physical or psychological. Claiming for an accident at work and being represented by a solicitor on a No Win No Fee basis, could mean having access to specialists and consultants which you would not have to worry about paying for. This type of specialist treatment could be crucial to your recovery and could even speed up the process considerably

Travel expenses to receive treatment for your injuries would no longer be a concern:

  • Travelling to and from a hospital or other medical facilities to receive the treatment and therapy you require to aid your recovery can be a worry because these costs can quickly add up. Seeking compensation following an accident at work, takes all the worry of how to pay for your travel expenses off the table whether you have to travel by car, train, bus, taxi or by other means. The reason being that you would be compensated for all your travel expenses which would be factored into the “special damages” you are awarded on a successful accident at work claim

You would be awarded general and special damages when claiming compensation for an accident at work:

  • You would receive both general damages and special damages in a successful accident at work claim. General damages are harder to calculate because they are based on the extent of your injuries and how your ability to work as well as how your overall health and well-being are impacted by the damage you sustained in an accident at work. Special damages, on the other hand, are easier to calculate as they are based on “actual” costs and expenses that you incur as a direct result of having been involved in a workplace accident that left you injured which as previously mentioned would be factored into the compensation you receive

Receiving interim payments prior to a final settlement could make your life much easier:

  • Should your workplace injuries be such that you require long-term, ongoing treatment and therapy or because your accident at work claim is so complex that it could take several years to reach a settlement, having a solicitor represent you and handle your claim could ensure that you receive interim payments before a final settlement is agreed by the parties concerned. This can make your life a lot easier taking all the worries of how to pay bills, your rent, mortgage and other living expenses off the table allowing you to place your focus on recovering from the injuries you sustained in an accident at work

Your worker’s rights are highly protected if you are involved in an accident at work:

  • Worker’s rights are protected in the UK which also covers you should you be injured in a workplace accident that occurred through no fault of your own. An employer cannot prevent you from seeking compensation for the pain and suffering as well as any out of pocket expenses you have to cover as a direct result of being injured in the workplace. If your employer objects to you making an accident at work claim, they would be breaking the law and they could face further legal action being taken out against them. As such, you should always seek further legal advice from a solicitor who is an expert in employment law before you do anything else

Your employer cannot sack you for claiming compensation for an accident at work:

  • Your employer cannot legally fire you because you seek compensation for injuries you sustained in the workplace. If they do threaten you with the sack or redundancy, you could take out further legal action against them. An employer must have another “valid” reason for showing you the door following an accident at work that left you with injuries whether minor or more severe

Your employer has a legal duty to keep you safe from injury and harm in the workplace:

  • All UK employers have to abide by the laws and regulations that the government has set in place to keep workers safe from harm and injury. This means, that your employer must adhere to all the Health and Safety Executive regulations and other legislation. If your employer fails to do so because they have ignored the law, you have the right to seek compensation should you be injured in an accident at work as a consequence of their negligence. As such, you should seek legal advice on how best to proceed

Your employer is legally obliged to have liability insurance in place:

  • Employers in the UK must by law, have valid liability insurance in place which provides the legal minimum required cover o £5 million. The policy should be clearly displayed in the workplace for everyone to see. When you file an accident at work claim, it is your employer’s approved insurance provider who handles your case and it is the insurance provider who would pay the amount of compensation you are awarded. It is noteworthy that should an employer fails to have liability insurance or the policy is provided by an insurance company that is not “recognised”, the enforcing authority has the power to levy hefty fines on your employer which could be as much as £2,500 a day

A solicitor with experience in handling accident at work claims, would ensure you are awarded the correct level of compensation:

  • A firm of solicitors that has vast experience in representing employees when making an accident at work claim against an employer, would work hard to ensure that you are awarded the level of compensation the injuries you suffered merit, bearing in mind that the negotiations would be done between your employer’s insurance providers and the solicitor because the majority of personal injury claims (95%) are settled before they are heard by a judge. This is referred to as being “settled out of court” or a “Part 36 offer” which is proposed through your employer’s insurance providers directly with the firm of solicitors that handles your accident at work claim

95% of personal injury claims, which includes those that are work-related are settled out of court:

  • As previously mentioned, should a solicitor believe that you have a strong claim against an employer, it typically means that your case would not be disputed. In short, your employer’s insurance provider would choose to settle your claim before it goes before a judge by proposing a Part 36 offer which can speed up the process considerably

Working with a solicitor on a No Win No Fee basis provides many benefits and advantages:

  • Working with a solicitor having signed a No Win No Fee agreement with them offers you many advantages and benefits with the primary one being that you would not have to find the funds to pay for legal representation when you need it the most and you only pay the agreed “success fee” when your claim is upheld. Another advantage is that your claim would be assessed free of charge during an initial consultation whether the discussion takes place over the phone or in a face-to-face meeting, depending on the complexity of your case

Employee Injury At Work Advice

The Negatives of Claiming Compensation For an Accident at Work

The Negatives of Claiming Compensation For an Accident at Work

  • A solicitor would need to thoroughly assess your claim before agreeing to represent you on a No Win No Fee basis. If it is found that you do not qualify for a solicitor to provide you with a No Win No Fee service, they would typically provide you with a reason why this is so. It could be that you cannot provide sufficient evidence to “prove” your claim, or it could be that the statutory time limit associated with a personal injury claim has run out or is too close to running out. In short, the time left would not be enough for a solicitor to gather all the evidence required to prove your claim and to ensure that no key points of an accident work claim are omitted

Gathering all the evidence needed can be complicated and time consuming:

  • For an accident at work claim to be upheld, you would need to provide extensive proof that the injuries you suffered were because of employer negligence or due to the error/mistake of a work colleague. With this said, even if you are partly responsible for the accident happening and the injuries you suffered, you may still be entitled to receive compensation because your employer could be deemed partly responsible. If this is the case, the amount you receive would reflect the amount of liability you are deemed to have had in sustaining your injuries. This is referred to as “contributory liability”. An example being that if a court finds you are 25% responsible for the injuries you sustained, the amount you are awarded would be 25% less than if you suffered your injuries through no fault of your own, but rather due to the negligence of a third party, namely your employer. The evidence needed is as follows:
    • A record of the accident as detailed in the accident report book or through any other official means
    • The report of your injuries as sent to RIDDOR should the injuries you suffered be “reportable”
    • A medical report detailing  your injuries  provided by a medical professional
    • Witness statements together with their contact details
    • CCTV footage of the incident should this be available
    • Photos of your injuries – preferably prior to any treatment
    • Photos of the site of the accident

Complex accident at work claims can take years to settle:

  • When it comes to extremely complex accident at work claims, it can take several years for a settlement to be reached by the parties concerned. The reason could be that the injuries you sustained were so severe that you require ongoing treatment and therapy. Another reason could be that your injuries are catastrophic and therefore life-changing, in which case you would be awarded interim payments before receiving a final settlement for the injuries you sustained in a workplace accident. The interim payments would be negotiated on your behalf by an experienced accident at work solicitor with an end goal being to make life as easy as possible for you

There is a strict 3 year time limit associated with accident at work claims:

  • There is a very strict 3 year personal injury claim time limit that must be adhered to. Failure to file a claim before the statutory time limit runs out, could mean you lose out on being awarded any compensation for the injuries you sustained in a workplace accident. This includes if you have valid evidence that the accident could have been awarded should your employer have set in place all reasonable and necessary steps to keep you safe from harm while you are in their employment. Even if there are just a few months left on the statutory time limit, a solicitor may not want to take on your claim on a No Win No Fee basis simply because there would not be enough time to gather all the proof required when filing an accident at work claim against a negligent employer

Appealing a court ruling if your accident at work claim is unsuccessful is a long-drawn out and complicated legal process:

  • Should you lose your accident at work claim, filing an appeal against a court ruling is a long-drawn out and complicated legal procedure. The steps required before being able to appeal are best left up to an experienced solicitor because if you don’t pass the first test, a judge would not agree to hear your appeal. As such, it is best to discuss whether or not to appeal a claim with an experienced accident at work lawyer who would be in the best position to let you know your chances of success when appealing an accident at work decision

You may not be awarded the level of compensation you had hoped to receive:

  • If you are disappointed with an outcome of your accident at work claim because you feel you deserved more in the way of compensation than you were awarded, you should discuss your concerns with your solicitor who may suggest that you lodge an appeal against a court ruling

It would be fair to say that the positives outweigh the negatives for claiming compensation for an accident at work. Responsible employers would always ensure that employees are kept safe from harm and injury in the workplace, but accidents do still happen. Seeking compensation for injuries sustained through no fault of your own is a justified method to being taken care of in a responsible way when you suffer an injury in an accident at work that occurred through no fault of your own.

Employee Injury At Work Advice

I Suffered a Head Injury at Work, How Much Compensation Could I Get? – Head Injury At Work Compensation Amounts & Payouts

Suffering a severe head injury at work can have serious consequences not only to your working life, but to your future life and well-being. Even a minor injury to the head can have a negative impact on your overall health in the immediate and long-term future.

Employee Injury At Work Advice

Seeking compensation for a head injury at work can alleviate any financial burden you may have to contend with and could be vital when it comes to ensuring you can afford the care needed for the remainder of your life. To find out more about how to claim compensation for a head injury at work, please read on.

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

Employees’ rights are highly protected and there are many laws and legislation that set out an employer’s responsibilities towards you when you are in their employment. Employers must adhere to these regulations which includes those that the Health and Safety Executive have set in place to protect you as an employee while carrying out your daily duties. The law requires that your employer abides by the following rules and regulations:

  • You are provided with detailed working practices as well as procedures that must be adhered to in the workplace
  • You are provided with adequate and ongoing training for the jobs you are tasked to do during the course of a normal working day
  • You are provided with the correct and adequate personal protective equipment which must be properly stored and maintained
  • The equipment, machinery and tools that you use are properly maintained and serviced according to the manufacturer’s guidelines
  • To replace equipment, machinery and tools when necessary
  • To ensure that risk assessments are regularly carried out in the workplace with an end goal being to identify dangers, risks and hazards
  • To set in place measures to reduce the risk of injury and harm to employees

If you sustain a head injury at work because your employer failed in their duty to keep you safe while you were in their employment and carrying out your normal daily duties, you have the right to seek compensation from them.

Would My Head Injury at Work Claim be Valid?

You would need to provide evidence that you sustained your head injury at work and that the incident occurred in the last 3 years. You would also need to show that your injuries could have been avoided and that the accident was due either to employer negligence or because of an error or misjudgement made on the part of a work colleague.

A solicitor who specialises in accidents at work, would offer an initial consultation to establish whether you have a strong case against an employer and if they find that you do, they would typically offer to work with you on a No Win No Fee basis.

What Can Be Included in a Head Injury Claim Against an Employer?

When calculating an accident at work claim there are two important parts that are taken into consideration. These are “general damages” and “special damages”. It is also important to note that all personal injury claims are different and as such the amount of compensation that may be awarded could differ from case to case. When it comes to general damages, the following is factored into the amount you may be awarded:

  • The extent of your head injury and how your working life has been impacted
  • The time you have off work to recover from your injuries
  • Whether your injuries are such that you would not be able to work again
  • Whether your injuries prevent you from enjoying activities and hobbies you took part in prior to being involved in an accident at work

When it comes to special damages, these are easier to calculate as they are based on the actual expenses that are incurred as a direct result of having suffered a head injury at work. Special damages are calculated by factoring in the following:

  • Travel expenses to and from a hospital or other medical facility to receive necessary treatment and therapies. This covers whether you get there by car, taxi, train or bus
  • Medical expenses incurred
  • Care costs whether this is because you have to go into a home or need daily help and care around the home because your head injuries are so severe, you cannot take care of yourself

It is essential for all receipts of outgoings to be kept as these would be needed to calculate how much you may be awarded in special damages in a successful head injury at work claim.

How Much Compensation Could I Receive for a Head Injury at Work?

The amount of compensation you may receive in a successful head injury at work claim is based on several factors. This includes general and special damages. With this said, the Judicial College produces guidelines for the amount of head injury compensation you may be awarded which can be anything from £13,000 to £354,260 depending the severity of the head injury you sustained.

As a rough guideline, the amount you may receive for a head injury at work is as follows:

  • Extremely severe brain damage which is life-changing resulting in full-time care, you could be awarded anything from £247,280 – £354,260
  • Moderately serious brain damage that leaves you disabled and therefore dependant on other people which means you need constant looking after and ongoing medical treatments whether your injuries are physical or they are cognitive, the compensation you may receive is anything between £192,090 and £247,280
  • Moderate damage to the brain but with less serious consequences as detailed above but where there is a risk of personality chance, vision and speech issues and the risk of suffering from epilepsy, you may be awarded anything from £131,620 and £192,090
  • Moderate damage to the brain where intellect is impacted to a moderate degree and the chance of returning to work is minimal as well as a higher risk of epilepsy, you may receive anything from £79,530 and £131,620
  • Moderate damage to the brain which negatively impacts your ability to concentrate and your memory and which reduces the chance of you returning to work but where you are less dependent on other people, the amount of compensation you may be awarded could be anything from £37,760 and £79,530
  • Less severe damage to the brain where recovery is positive but where mood swings and concentration as well as memory issues may be a problem, the amount of compensation that you could receive would be anything from £13,430 and £37,760
  • Minor damage to the brain or head injury, the amount of compensation that may be awarded is anything from £1,940 and £11,200

The amount of compensation you may be awarded for a serious head injury sustained at work, would go a long way in funding necessary changes to a living environment and covering the cost of medical treatments and therapies that would be required on an ongoing basis.

Should I Sue My Employer If I Sustain a Head Injury at Work?

If you sustained a head injury at work, even if the injury is deemed minor, the consequences can lead to long-term problems which includes your ability to concentrate. Every employee who is involved in a workplace accident that leaves them injured, has the right to seek compensation for the suffering, pain and expenses they had to deal with through no fault of their own.

Employee Injury At Work Advice

As such, if you were injured in an accident at work and you believe the incident that left you with a head injury could have been avoided, you should seek legal advice from a solicitor who would assess the circumstances surrounding your claim before offering valuable advice on how best to proceed.

It is also worth remembering that your employer must have liability insurance and that the policy must be underwritten by a recognised insurance provider. The policy must also meet the £5 million legal requirement when it comes to the level of cover it provides.

What are My Workers Rights Following an Accident at Work?

As previously mentioned, your worker’s rights are highly protected in the UK and there are many laws to ensure this is so. Should you have suffered any sort of head injury at work, you have every right to seek compensation providing you can meet specific criteria which includes that the incident happened in the last 3 years through no fault of your own. Following a work-related accident that leaves you with a head injury, your rights are listed below:

  • That your job is safe if you file an accident at work claim
  • That you can seek compensation for the head injuries you sustained

If an employer tries to stop you from claiming compensation or you are threatened with the sack or redundancy because you do, the best thing to do is contact a lawyer who specialises in accident at work claims and employment law.

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

When it comes to filing an accident at work claim, seeking the advice and representation of a solicitor offers many advantages and benefits. Work-related personal injury cases can be complex more especially if an employer disputes a claim.

It is also worth noting that head injury at work claims can be complex with many injured workers needing ongoing treatment when the damage sustained is severe. As such, a lawyer with vast experience in handling this type of claim would make life a lot easier both for the person who has suffered a head injury and their families and close friends.

The benefits of having an accident at work lawyer represent you in a head injury at work claim are listed below:

  • Lawyers have access to legal libraries which they can base details of your case on
  • A solicitor would offer you an initial, free, no obligation consultation which allows them to assess the strength of your claim
  • Once a solicitor is satisfied you have a strong case against your employer, they would enter into a No Win No Fee agreement with you
  • You would not have to pay an upfront fee or any ongoing fees either
  • A solicitor would handle your claim from start to finish and would negotiate a fair level of compensation for you, with 95% of all personal injury claims being settled before they even get to court
  • A solicitor would arrange for you to be examined by a specialist/consultant whose medical report would be used to negotiate the amount of compensation you may be awarded
  • The “success fee” is deducted from the amount you are awarded

Accident at work claims can be complex more especially if the head injuries you sustained were severe and you therefore, require ongoing treatment and therapy. A solicitor would ensure that you receive interim payments to ensure that you and your loved ones are not put under any sort of unnecessary financial pressure.

What is the Time Limit to Filing a Head Injury at Work Claim Against an Employer?

The statutory time limit for all work-related and other personal injury claims must be adhered to for a claim to be valid. Waiting for too long could mean you lose out on receiving the compensation you may be entitled to receive. Accident at work time limits are detailed below:

  • 3 years from the day you sustained a head injury at work
  • 3 years from the day you were diagnosed as suffering from a medical condition that can be directly linked to you having sustained a head injury in the workplace
  • 3 years from your 18th birthday should you have suffered a head injury at work prior to you being 18 years of age

To avoid running foul of the statutory accident at work 3 year time limit, you should seek legal advice sooner rather than later because gathering all the evidence needed to prove your case can take a long time. This includes specialist medical reports on your injuries as well as proof that your employer was negligent in their duty to keep you safe in the workplace.

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

You do not have to worry about losing your job should you sustain a head injury at work and seek compensation from an employer. Should an employer threaten to sack you or to make you redundant, you should contact a solicitor before taking any further action which includes resigning from your job.

The reason being that it is against the law for an employer to treat you detrimentally or to threaten you with the sack or redundancy if you seek compensation for an injury you suffered in the workplace. As such, you may be entitled to take out further legal action against your employer.

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

A No Win No Fee solicitor would need to satisfy themselves that you have a strong case against a negligent employer before signing a Conditional Fee Agreement (CFA) with you. This is easily done in an initial consultation that solicitors offer free of charge so you do not have to worry about finding the funds to pay for the first meeting or telephone conversation with the lawyer you contact.

Once a lawyer has determined that your head injury at work claim would stand a very good chance of being upheld in a court, bearing in mind that most personal injury claims are settled prior to be heard by a judge, they would request that you sign the No Win No Fee agreement (CFA) which is a legal contract that lays out the Terms and Conditions of the agreement and the percentage you would have to pay on a successful claim. Should you lose your head injury claim against your employer, the “success fee” would not have to be paid. If you win your case, the percentage you agreed to pay for the legal representation you received, is taken out of the compensation you receive on a successful head injury claim.

Employee Injury At Work Advice

I Injured a Thumb at Work Can I File an Accident at Work Claim?

If you injured a thumb at work that left you unable to work because you could not grip anything, you could be entitled to claim compensation from your employer. There are specific criteria that must be met when it comes to filing an accident at work claim which includes providing enough evidence that you injured a thumb in the workplace through no fault of your own. To find out more about claiming compensation for an injured thumb at work, please read on.

Employee Injury At Work Advice

Do I Have a Valid Injured Thumb at Work Claim Against my Employer?

As previously mentioned, for your injured thumb at work claim to be valid, you would need to show that you were involved in an accident at work and that you sustained your injuries in the last three years. You would also need to provide evidence that the incident that left you injured happened due to the error of a workmate or through employer negligence.

You would have to gather as much proof as you can which a solicitor would need to establish liability for the injuries you sustained to your thumb. This would include the following:

  • A record of the incident as detailed in the accident report book or other official record of the accident and the injuries you sustained. This could be in the form of an email sent from your personal account or a letter sent recorded mail to your employer
  • A record of the accident as detailed to RIDDOR if the accident was “reportable” by law
  • Witness statements
  • Witness contact details
  • CCTV footage (if available) or photographs of where the accident at work occurred
  • Photographs of your injuries – these should be prior to any treatment given
  • An official medical report detailing the extent of the injuries you sustained

All of the above would be required to establish that you have a valid accident at work claim against your employer. The more evidence you can provide detailing the incident that left you with an injured thumb, the stronger your case would be and the more chance you would have of being awarded the sort of compensation you deserve.

What Type of Thumb Injuries Can I Claim For?

You can injure your thumb at work in many different ways and the type of damage can range from a minor injury to something a lot more severe. Some of the different injuries to a work could include the following:

  • Ligament and tendon damage which could negatively impact the use of your thumb due to not being able to grip things
  • Dislocation
  • Fractures and breaks
  • Amputation of your thumb due to extremely severe damage to a crushed bone

If you sustained an injured thumb in the workplace and you are unable to work for a short time or much longer, you should contact a lawyer who would provide you with valuable advice on whether your employer could be held responsible for the injuries you sustained.

What Are the Most Common Causes of Thumb Injuries at Work?

The most common cause of a thumb injury in the workplace, is due to accidents involving equipment, tools and machinery where hands and thumbs are crushed.

What are the Consequences of Sustaining an Thumb Injury at Work?

If you suffer an injury to your thumb at work, it could result in you not being able to grip anything even if you have only damaged the ligaments and tendons.  You rely on your thumb because it is essential to the way your hand functions. Without the use of your thumb, you would unable to operate machinery, handle tools and pick up items when you need to. It could mean you are off work for days, weeks or much longer if your injury was so severe, your thumb needed to be amputated.

What Sort of Compensation Could I Receive for an Injured Thumb at Work?

If you injured your thumb at work, you should discuss your claim with a solicitor who, once satisfied you have a strong case would arrange for you to be examined by a specialist who would provide a detailed report of the extent of your injuries. This report would be used as a basis for the amount of compensation you could be awarded for the injuries you sustained in an accident at work. However, on top of the amount you would be awarded for your “actual” injuries, you would be awarded “special damages” too.  These are calculated on the expenses and costs you incurred as a direct result of the thumb injury you sustained.

As a rough guide, the amount you may receive in a successful thumb injury at work claim could be as follows:

  • Total loss of your thumb due to a workplace accident, you may receive anything from £31,140 to £48,080
  • Extremely severe thumb injuries where your thumb has been severed and then grafted back in place resulting in loss of use or where your thumb is amputated at the interphalangeal joint, you could be awarded anything from £17,190 to £30,700
  • Serious injury to your thumb where the tip has been amputated, you may receive anything from £11,040 to £14,690
  • Moderate thumb injury where tendon and nerve damage occurs, you may be awarded anything from £8,470 to £11,040
  • Severe dislocation to your thumb, you may receive anything from £3,460 to £5,950
  • Minor injury to your thumb, you may be awarded anything up to £3,460

It is worth noting that your accident at work claim would be treated as “unique” and that the amount you receive in a successful claim may be more or less than the amounts provided above. It is also noteworthy that the majority (95%) of all personal injury claims are settled out of court and never go before a judge.

What Can I Include in My Injured Thumb at Work Claim?

As with all personal injury claims, an accident at work claim that involves an injury to your thumb would be calculated in two parts. The first being “general damages” which covers the injuries you sustained and how your life and ability to work has been impacted. The second part being “special damages” which are calculated on the “actual” expenses and other costs you had to pay out as a direct result of the injuries you sustained in a workplace accident.

When it comes to special damages, it is essential that you keep all your receipts which includes travel and medical expenses as these would be required to prove that you had to pay out the expenses due to having suffered an injured thumb at work.

Employee Injury At Work Advice

What Are My Employer’s Responsibilities in the Workplace?

Your employer has many responsibilities that must be met when it comes to employees in the workplace. There are numerous laws and legislation in place to protect you when you are at work. These include regulations that are set out by the Health and Safety Executive and other Government employment laws which includes the following:

  • Employers must provide adequate and ongoing training to all their staff
  • To ensure that detailed working practices are made available to all employees and other staff
  • Equipment, machinery and tools must be correctly maintained and services as per the manufacturer’s guidelines
  • To carry out frequent risk assessments of the workplace with an end goal being to identify all potential hazards and to set in place necessary measures so that employees and other people who visit a workplace, are less likely to be injured or harmed
  • That adequate personal protection equipment is available and that the equipment is correctly stored and maintained

Should I Sue My Employer for a Thumb Injury Sustained at Work?

Providing you can provide evidence that you sustained an injured thumb in the workplace and that you were not at fault for the incident which happened in the last three years, you have the right to seek compensation for your pain and suffering. Having suffered an injury to your thumb whether it is minor damage or something a lot more serious, you could find that you are unable to work for several weeks. If your thumb injury is extremely severe, you may not be able to carry out the work you used to do and as such, you could be put under a lot of financial pressure. This in turn, can lead to anxiety and depression.

Seeking compensation is your right and it could make life a lot easier both financially and psychologically more especially if a solicitor agrees to work with you having entered into a No Win No Fee agreement. It is also noteworthy that your employer must by law have liability insurance and the policy should be clearly displayed in the workplace.

This liability insurance covers all aspects of accidents in the workplace as well as any work-related medical claims that employees may file against an employer. The policy must meet the legally required cover of £5 million and a recognised insurance provider must have issued the policy.

What are My Workers Rights Following an Accident at Work?

All employee’s rights are extremely protected in the UK which also includes your rights should you have been injured in an accident at work. These rights are detailed as follows:

  • That you can file for compensation following an accident at work
  • That your position in the workplace is safe even when you file an accident at work claim

If your employer objects to you seeking compensation and filing a claim for the injury you sustained to your thumb, you should discuss your situation with an accident at work lawyer who also specialises in employment law because you could find that your employer is in breach of the law.

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

Working with an accident at work lawyer when filing an injured thumb at work claim against your employer, offers you many advantages and benefits. These include the following:

  • You would be offered a free, initial consultation during which a solicitor would be able to determine whether you have a valid claim against your employer
  • An accident at work lawyer has access to legal libraries which means they can refer to past cases when representing you on an injured thumb at work claim
  • A solicitor would work on your case on a No Win No Fee basis if they feel you have a strong claim against your employer
  • You would only have to pay the “success fee” for the legal representation you received if your case is upheld by a judge or your employer’s insurance providers choose to pay the compensation before your claim gets to court
  • A solicitor would arrange for your thumb injury to be examined by a specialist or consultant and the report would be used when calculating the amount of compensation you would receive
  • A solicitor would ensure you receive a fair amount of compensation if the insurer offers to settle your thumb injury claim out of court

Is There a Time Limit to Filing an Injured Thumb at Work Claim Against an Employer?

There is a 3 year time limit to filing an injured thumb at work claim against your employer and failure to abide to this statutory time limit, could mean you are unable to seek compensation for the pain and suffering you endured through no fault of your own. The time limit associated with all personal injury claims including those that are work-related is detailed below:

  • 3 years from the date of your accident at work
  • 3 years from the date of your 18th birthday if the accident at work that left you injured occurred before you were 18 years of age
  • 3 years from the date you were diagnosed as suffering from a health issue that can be directly linked to the workplace injury you sustained

It is far better to start a thumb injury at work claim against an employer sooner rather than later especially if your case is disputed. It can take time to gather all the information that is needed to prove that your employer was in breach of their duty to keep you safe in the workplace and insurance providers are known to be slow to respond to correspondence they receive.

Can My Employer Fire Me For Filing An Injured Thumb at Work Claim?

You cannot be fired by your employer because you file an accident at work claim against them. If your employer threatens you with redundancy or tells you that you would lose your job because you seek compensation for a thumb injury sustained at work, you must seek legal advice before doing anything which includes resigning from your job. Your employer would be breaking the law if they threaten you in any way for seeking compensation and as such, you may be able to take out further legal action out against them.

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

No Fee No Win agreements were introduced with an end goal being to allow people who sustain injuries whether at work or elsewhere, the opportunity to seek compensation from a negligent third party. When it comes to accidents at work, a lawyer would first satisfy themselves that you have a strong case against your employer which they would do during an initial consultation for which you would not be charged.

When a lawyer has determined that you sustained an injury to your thumb through no fault of your own, whether the damage is minor or more severe, they would agree to represent you by entering into a No Win No Fee agreement or Conditional Fee Agreement (CFA).

The solicitor would need to provide evidence of employer negligence whether they were in breach of their duty to keep you safe from harm at work or because the accident that left you with a thumb injury was caused by a workmate. This means providing the solicitor with as much evidence as possible.

The amount you would have to pay a No Win No Fee solicitor is only payable on a successful claim and the amount is taken out of the money you are awarded. If you lose your case, there would be nothing to pay for the legal representation you received on your thumb injury at work claim.

Employee Injury At Work Advice

What Compensation Could I Get for a Broken Collarbone Accident at Work? – Broken Collarbone At Work Compensation Amounts & Payouts

If you suffered a broken collarbone at work, and the accident that left you injured happened through no fault of your own in the last 3 years, you could be entitled to claim compensation from your employer. The number of employees who suffer injuries in the workplace stands at 600,000 – according to a report published by the Health and Safety Executive and if your employer failed to keep you safe from injury while carrying out the job you do, they could be held liable for your injuries. To find out how much broken collar bone compensation you may be awarded in a successful accident at work claim, please read on.

Employee Injury At Work Advice

What Are the Consequences of Suffering a Broken Collar Bone at Work?

Your collarbone is also known as a clavicle and it is the bone that connects your shoulder bone to your sternum. It is a common workplace injury with about 300,000 people in the UK suffering a broken collar bone every year whether at work, playing sports or in other types of accidents. It is the type of injury that can be difficult to treat and recovery depends on the extent of the damage that has been done to affected bones. In short, you could be off work for quite a long time and you would be unable to drive or carry out normal daily activities around the home.

A broken clavicle is a painful injury that requires treatment as soon as you suspect you have sustained this type of injury to prevent further damage being done. As such, as soon as you are involved in an accident at work and suspect you have suffered a broken collar bone, you should receive first-aid from the designated person before seeking medical attention from a qualified doctor.

What Are the Most Common Causes of a Broken Collar Bone at Work?

The most common causes of workplace accidents that result in a broken collar bone are as follows:

  • When falling and extending arms to break the fall onto a hard surface
  • Being crushed by equipment, machinery or a moving vehicle
  • Falling from a ladder or other height

Healing time for a broken collarbone can take anything from 6 to 8 weeks and it is during the recovery time that you could suffer further damage. Because you have to stay immobile, the muscles surrounding the affected bone become weaker which is why physiotherapy is so important when you sustain this type of injury to a clavicle.

Should the fracture or break be extremely severe and the bone is exposed, you may have to undergo surgery and have pins, screws and plates set in place to ensure the affected bone is stabilised. This can lead to a much longer broken collarbone recovery time.

Is My Broken Collarbone Claim Valid?

For a broken collarbone claim to be valid, you must meet specific criteria which is detailed below:

  • That you sustained your injury in an accident at work
  • That the workplace incident occurred in the last 3 years
  • Your employer could be held liable for your injuries
  • A work colleague caused the accident that left you with a broken collarbone
  • That you did not cause the accident by acting irresponsibly while carrying out your normal daily duties in the workplace

You can never have enough evidence when it comes to filing an accident at work claim because the more proof you have, the stronger your case would be against a negligent employer.

There are specific questions you should ask yourself before making an accident at work claim which are listed below:

  • Could your injuries have been avoided or prevented?
  • Was the work areas safe to be in?
  • Was the floor wet or slippery?
  • Was the equipment, machinery or tools you were using correctly serviced and maintained?
  • Did any obstacle cause you to trip and fall because items had not been properly stored away?
  • Were all the Health and Safety regulations put in place to prevent the risk of injury?
  • Did an item fall from a height onto your shoulder because it had been badly stacked?
  • Were hazard signs and barriers erected to alert you of any dangers in the workplace?

If the answer to any of the above is “yes”, then you should seek legal advice from a lawyer who specialises in accident at work claims who would assess your claim before providing essential advice on how best to proceed if they feel you have a strong case against your employer.

What Are My Employer’s Responsibilities in the Workplace?

The Health and Safety Executive regulations as well as other legislation and laws, have been set in place to protect all employees in the workplace. Your employer must legally abide by these laws and regulations. If an employer ignores them and you are involved in a workplace accident that results in you sustaining a broken collarbone, you could have every right to seek compensation from them without the fear of losing your job or being treated unfairly.

Your employer’s responsibilities towards you as an employee are listed below:

  • That you are given adequate and ongoing training to carry out workplace jobs you are routinely tasked to do on a daily basis
  • That the equipment, tools and other machinery that is made available for you to use is correctly serviced and maintained as per the manufacturer’s guidelines
  • That risk assessments are routinely carried out in the workplace to identify hazards, risks and dangers
  • Once a hazard, risk or danger has been identified to set in place measures to reduce the chance of you being injured in a workplace accident
  • That you are given a detailed account of all working practices and procedures
  • That personal protective equipment is available to you when necessary and that the equipment is correctly stored and maintained

What are My Workers Rights Following an Accident at Work?

Your worker’s rights are highly protected in the UK and this includes when you sustain any sort of injury in the workplace. As such, you have every right to do the following:

  • Seek a level of compensation to suit the injuries you sustained
  • Not to worry about losing your job because you file an accident at work claim

What Compensation Could I Be Awarded for a Broken Collarbone Sustained at Work?

All accident at work claims are treated as being unique which means the level of compensation you may be awarded would be based on you individual case. With this said, there are various factors that would be taken into consideration when calculating how much you would be awarded either by a judge or in negotiations with your employer’s insurance providers:

Employee Injury At Work Advice

  • The extent of your injuries and how much your ability to work and life are negatively impacted
  • The length of time you have off work to fully recover from your injuries
  • Whether your injuries are so severe, you would not be able to work again
  • The type of care you need and ongoing treatments and therapies should they be necessary
  • The expenses you incurred as a direct result of having suffered a broken collarbone in the workplace

As a rough guide, the amount you may be awarded for a broken collarbone sustained at work could be as follows:

  • For a simple fracture that heals relatively quickly and where you would not experience ongoing pain and discomfort, you could receive anything from £2,000 to £4,000
  • If the pain and discomfort you experience is ongoing having suffered a minor fracture to your collarbone, you could be awarded up to £10,000
  • For more serious fractures where your collarbone does not mend as it should and where you have to deal with ongoing discomfort and where the injury leaves you with a permanent disability, you could be awarded in excess of £10,000

The amounts provided above could be awarded for the broken collarbone injury itself which are referred to as “general damages”, but a judge or your employer’s insurance providers would also factor in what is referred to as “special damages”. These are the expenses and other costs you incurred as a direct result of having been injured in an accident at work that left you with a broken collarbone and includes all treatments, therapies and aftercare you had to undergo as well as travel expenses to get to a hospital or other medical facility.

Does My Employer Have to Pay the Compensation Awarded for a Broken Collarbone Claim?

Employers must by law have liability insurance and the policy must cover the legal requirement of £5 million pounds. The provider must also be a recognised insurer. Failure to have liability insurance could result in an employer being fined £2,500 a day by the enforcing authority. When it comes to accident at work claims, it is the insurance provider who pays the compensation that is awarded to you when your case is upheld.

Can I Sue My Employer If I Suffer a Broken Collarbone in a Workplace Accident?

All employees have the rights and this includes to seek compensation for injuries they sustain through not fault of their own in the workplace. This is a “protected” right under UK law and as such, providing your claim meets specific criteria, you have the right to file a broken collarbone claim against your employer. The criteria that must be met for your claim to be valid is listed below:

  • That you sustained a broken collarbone in the workplace through no fault of your own
  • That the incident that left you injured happened in the last 3 years

As previously mentioned, employers in the UK must have liability insurance which provides a minimum of £5 million cover. The policy must be issued and underwritten by a recognised insurance provider. If an employer fails to have a valid policy in place, the could receive a hefty fine from the enforcing authority which could be as much as £2,500 a day.

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

Working with a solicitor on a broken collarbone at work claim offers many benefits and advantages, some of which are listed below:

  • A solicitor has vast experience in handling accident at work claims
  • They know how to communicate with employers and their insurance providers
  • A solicitor understands what sort of proof is required for a claim to be valid
  • You would be offered a no obligation, initial consultation which is normally free of charge
  • Once satisfied that you have a strong case against an employer, a solicitor would work on your claim on a No Win No Fee basis
  • Lawyers have access to legal libraries and they can use “precedents” when presenting your case in court
  • You would not have to pay an upfront fee or ongoing payments
  • An experienced accident at work lawyer would be able to negotiate an acceptable level of compensation for you
  • The percentage you would pay on a successful broken collarbone claim is deducted from the amount you are awarded

Other major benefits of having an accident at work lawyer represent you in your case, is that they can arrange for you to be examined by specialists and consultants should this be necessary. They can also arrange for you to have all the specialist aftercare you need to make a full recovery from your injuries if your injuries are not such that they are life changing.

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

The time limit for filing a broken collarbone claim against an employer is strict and must be adhered to. Should you wait too long before contacting a solicitor, you may find that you run out of time even if you have all the proof needed to show that your injuries could have been avoided. Accident at work time limits are detailed below:

  • 3 years from the date you were injured at work and suffered a broken collarbone
  • 3 years from the day you turn 18 years of age should the accident at work that left you injured have happened prior to your 18th birthday
  • 3 years from the day you are diagnosed as suffering from a medical condition that can be directly linked to your broken collarbone injury

Can My Employer Fire Me For Filing a Broken Collarbone Claim?

As previously mentioned, your worker’s rights are highly protected and as such your employer cannot legally fire you for filing an accident at work claim against them should you have suffered a broken collarbone in the workplace.

If your employer treats you detrimentally because you choose to seek compensation for the injuries you sustained, you could file a detriment claim against them. Should your employer threaten to fire or make you redundant because you file a personal injury claim, you should call a solicitor who would offer essential advice on whether you could also file a constructive dismissal and/or unfair dismissal against your employer too.

How to Start a Successful Broken Collarbone Claim Against Your Employer

The best way to begin a broken collarbone claim is to gather as much evidence as you can relating to the accident and your injuries. This should include the lead up to how the accident at work occurred and who was involved in the incident. Other information that would be required when filing a broken collarbone at work claim includes the following:

  • Make sure you have details of the record that was reported in the workplace accident report book
  • Make sure you have the medical report on the injuries you sustained at work
  • Make sure you have witness statements and their contact details
  • Make sure you have photos or CCTV footage if available of where the accident at work happened
  • Make sure you have photos of the injuries you sustained which ideally should be images of your injuries prior to having received any treatment

All of the above would be required to validate your broken collarbone claim and the more evidence you can provide, the strong your case would be.

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

An lawyer would take on your case providing they believe your broken collarbone claim is valid because it can be proved that your employer was negligent in their duty to keep you safe in the workplace. As previously mentioned, a solicitor would assess your claim during an initial consultation which is typically free of charge whether this is over the phone or in a face-to-face meeting. Once the lawyer is satisfied that your claim could be upheld in a court, they would sign a No Win No Fee agreement with you which is a Conditional Fee Agreement.

This legal contract lays out the Terms and Conditions as well as the “success fee” that would only need to be paid when you are awarded compensation for the injuries you sustained. If you lose your case, you would not have to pay the agreed percentage because of the CFA you signed with the solicitor who represented you in your broken collarbone at work claim.

Employee Injury At Work Advice

What is the Compensation for a Broken Nose in an Accident at Work? – Broken Nose At Work Compensation Amounts & Payouts

If you were involved in an accident at work that left you with a broken nose, you could be entitled to claim compensation for not only the pain and suffering you had to endure, but also for all out of pocket expenses you had to cope with as a direct result of your injury. However, you would need to prove that you were not responsible for your injuries and that a third party could be held liable whether it is a work colleague or your employer. To find out more about compensation for a broken nose in an accident at work, please read on.

Employee Injury At Work Advice

What are the Most Common Broken Nose Injuries Sustained in the Workplace?

You can damage your nose in a number of ways while you are at work and the damage can be done to various parts that make up your nose which are as follows:

  • 2 oblong nasal bones
  • The bone and cartilage that separates both nostrils known as the septum
  • Nerves which are responsible for your sense of smell
  • Nasal airway – this runs from your lungs to the back of your nose and is how you breathe
  • The bridge – this sits at the top of your nose at the point where the nasal septum and 2 nasal bones meet

Any of the above can be negatively impacted when you suffer a broken nose and the symptoms can cause tremendous pain and discomfort which includes swelling and bleeding. Having suffered this type of injury to your nose, you may find that your sense of smell is badly affected even when you have recovered from the injury.

How Do I Prove Liability in a Broken Nose at Work Claim?

When it comes to proving liability for a broken nose injury sustained at work, you would have to show that an accident occurred through no fault of your own, but rather because of either employer negligence or the error of a work colleague. This would involve gathering as much evidence as possible surrounding the lead up to an incident that left you injured and whether or not the accident could have been avoided had there been necessary safety precautions in place.

How Much Compensation Could I Be Awarded in a Successful Broken Nose Claim?

The amount you may be awarded in a successful broken nose claim would depend on the extent of your injuries and how much they negatively impact your life and ability to work. You would need to have provided an independent medical report detailing your injuries and ideally this should be carried out by a specialist medical consultant. The information in a medical report would be used to determine how much compensation you could be awarded.

On top of this, you would be awarded the out of pocket expenses you incurred as a direct result of having suffered a broken nose in an accident at work. As a rough guide you could receive anything from £1,500 for a minor broken nose injury right up to £30,000 for a more severe fracture that results in a total loss of your sense of smell.

It is worth noting that all personal injury claims are treated as unique, but compensation amounts are calculated in two parts as detailed below:

  • General damages – these are harder to work out because general damages are calculated by determining the extent of your injuries, how your ability to work has been impacted, if your injuries are life changing and as such prevent you from working and enjoy life as you knew it before you were involved in an accident at work
  • Special damages – these are easier to calculate as they are based on the “actual” expenses you incurred as a direct result of having suffered a broken nose in an accident at work. This includes all travel and medical expenses as well as care costs should you need to be taken care of due to the extent of your injuries

Should I Sue My Employer if I Suffer a Broken Nose in an Accident at Work?

You have every right to seek compensation for the pain, suffering and any out of pocket expenses you incurred providing you can meet specific criteria which is as follows:

  • You sustained your injuries through no fault of your own while you were carrying out your normal daily duties in the workplace
  • The accident occurred in the last 3 years
  • You have proof that the incident could have been avoided had the necessary safety measures been in place
  • The injuries you sustained were through the error of a work colleague or due to employer negligence

It is worth noting that even if you think you may be partly responsible for sustaining your injuries, you should still seek legal advice from a lawyer who specialises in accident at work claims. The reason being that a solicitor may find that your employer could be held partly responsible for your injuries.

It is also note-worthy that all employers in the UK must by law have valid liability insurance in place and if they do not, an employer could be fined up to £2,500 a day. An employer’s insurance provider would handle your accident at work claim and would settle the compensation for a broken nose you are awarded for the pain, suffering and out of pocket expenses you incurred.

What are My Workers Rights Following an Accident at Work That Results in a Broken Nose?

All employees have rights which are protected under the law which includes when they are involved in accidents at work that results in injury. As such, your rights following a workplace accidents are detailed below:

  • To seek compensation for your pain and suffering both physical and psychological as well as out of pocket expenses you incurred through no fault of your own
  • That your job is safe even when you seek compensation from an employer

If you suffered a broken nose at work and your employer does not agree with you seeking compensation, you should contact an accident at work lawyer who would provide essential advice on how best to proceed.

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

There are many benefits to seeking legal advice from an accident at work lawyer if you have been injured at work. Personal injury claims can be complex legal procedures especially if an employer chooses to dispute your case against them. Having a experienced solicitor working on your behalf takes a lot of the stress and pressure of dealing with your employer and their insurance providers off the table.

A solicitor has vast experience in handling accident at work claims and they have access to legal libraries which they can use as a reference for any legal points pertaining to your claim. A solicitor would also know how to communicate with the insurers making sure that the process never takes too long by ensuring that letters are responded to in a timely manner. This alone can speed up the procedure. A solicitor would also be in the best position to negotiate fair broken nose compensation for you with the majority of claims filed by employees against an employer being settled out of court.

Another great benefit of having a solicitor represent you when filing a broken nose claim, is that they can arrange specialist treatment and therapies for you if necessary. This can be a crucial not only in ensuring you make the best recovery from your injuries but also because a specialist can provide essential medical reports which can be used as a basis for evaluating the amount of broken nose compensation you could receive.

Is There a Time Limit to Filing a Broken Nose Claim?

There is a strict time limit associated with all accident at work claims which is detailed below:

  • 3 years from the date you suffered a broken nose in an accident at work
  • 3 years from the date you were diagnosed as suffering from a medical condition that could be linked to your injuries
  • 3 years from your 18th birthday, should you have been involved in an accident at work when you were under the age of 18

If you wait too long, you may find that you would run out of time even if you can prove that you sustained your injuries through the negligence of your employer. As such, it is far better to begin an accident at work claim as soon as possible and to contact an experienced, reputable solicitor who would provide crucial advice on how best to proceed.

Can My Employer Fire Me For Filing a Broken Nose Claim Against Them?

You cannot be sacked because you seek compensation for a broken nose sustained in the workplace. The law does not permit an employer to treat you detrimentally or unfairly if you file an accident at work claim against them. Should your employer make it clear that they do not want you do to so, or they threaten to fire you, you should seek legal advice from a solicitor who specialises in both accident at work law and employment law. The reason being that you may be entitled to file both a detrimental claim and an unfair dismissal claim against your employer.

Employee Injury At Work Advice

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

Once a solicitor who specialises in accident at work claims has established that you have a strong case against a negligent employer, they would typically offer to represent you on a No Win No Fee basis. A solicitor would start working on your claim after having signed a Conditional Fee Agreement (CFA) and would do so by contacting your employer and their insurance providers detailing your intentions to seek compensation.

The solicitor can start working on your case without having to request a retainer or any ongoing fees which means you would not have to worry about funding the legal representation the solicitor provides. You would only have to pay the “success fee” that is set out in the Conditional Fee Agreement if your case is upheld by a judge or your employer’s insurance providers choose to settle “out of court” and the amount would be deducted from the amount you receive.

If you lose your accident at work claim for a broken nose, you would not have to pay the “success fee” which is covered by the Conditional Fee Agreement you signed with the solicitor who represented you. The reason being that the solicitor “agreed” to take on the risk should your accident at work claim for a broken nose not be successful which is referred to as working with you on a No Win No Fee basis.

Employee Injury At Work Advice