Legal

A Comprehensive Guide to Litigating Workplace Injury Claims in the UK

Workplace injuries are an unfortunate reality and navigating the legal landscape for compensation can be daunting.

07 May 2024

Team name
Martyn Trenerry

Martyn Trenerry

This guide aims to provide a clear, comprehensive overview of the process, offering valuable insights into your rights, responsibilities and procedures to follow when seeking compensation for a workplace injury.

Understanding Workplace Injury Claims

Who Can Make a Claim

Anyone who has suffered an injury at work due to an employer’s negligence or breach of duty is eligible to make a claim. This includes full time, part time, temporary, casual, and permanent employees. Even self-employed individuals may be eligible if their injury was a result of someone else’s negligence.

Employer’s Liability

It’s important to understand that compensation for workplace injury claims is typically paid by the employer’s insurance company, not the employer directly. By law, every employer must have a policy of Employers Liability Insurance to cover any compensation awarded following an accident at work claim.

Proving Liability

In order to successfully claim compensation, it is necessary to prove that your injury was a result of your employer’s negligence or breach of duty. This could be due to inadequate training, failure to provide safe equipment, or not maintaining a safe working environment.

Steps to Take Following a Workplace Injury

Seek Medical Attention

Your health should always be your first priority. If you’ve been injured, seek immediate medical attention. Consult your GP even if hospital treatment isn’t required, ensuring an accurate record of your injuries is made.

Report the Injury

All workplace injuries, regardless of severity, must be reported to your employer. Employers are required to record all workplace accidents, usually via an accident book or reporting system.

Gather Evidence

Collect as much evidence as possible, including details of the accident, witness information, photographs of the accident scene and your injuries and medical records. This will provide crucial support for your claim.

Consult a Solicitor

Contact a specialist personal injury solicitor as soon as possible after the accident. They can guide you through the claims process, establish whether you have a valid claim and help you gather the necessary evidence.

Compensation Amounts

Compensation amounts for workplace injuries vary widely depending on the severity of the injury, the impact on your ability to work and any financial losses incurred because of the injury. Your solicitor can guide you in understanding what you might be entitled to.

Time Limits for Claims

There is a strict time limit of three years from the date of the accident or the date that you became aware of your injury to make a claim. It is crucial to act swiftly and seek legal advice as early as possible to ensure you don’t miss this deadline.

Types of Workplace Injuries

Workplace injuries can range from minor cuts and bruises to serious injuries like fractures, burns, and even fatalities. Common types of workplace injuries include:

  • Slip, trip and fall accidents
  • Repetitive strain injuries
  • Vehicle incidents
  • Injuries from equipment or machinery
  • Exposure to hazardous substances

How to Make a Claim

The process of making a workplace injury claim generally involves the following steps:

  1. Consultation with a solicitor
  2. Gathering of evidence
  3. Medical examination and reports
  4. Negotiations with the employer’s insurance company
  5. Court proceedings (if necessary)

Your solicitor will guide you through each step, providing expert advice and support.

Impact on Employment

It’s natural to worry about the impact of making a claim on your job. However, it’s important to know that it’s against the law for an employer to dismiss or treat you unfairly because you’ve made a claim for a workplace injury.

Common Misconceptions About Workplace Injury Claims

Many people believe that you can only claim compensation if your injury resulted in time off work or loss of earnings. This is not true. You can still make a claim for compensation even if you received full pay or company sick pay during your absence from work.

Employer’s Breach of Duty

Employers have a legal duty to ensure a safe working environment. This includes providing and maintaining safe tools and machinery, providing suitable training and protecting employees from harmful substances. A breach of these duties can result in a successful compensation claim.

Supporting Your Claim

Keeping a diary of how the injury has affected your life can be beneficial in supporting your claim. This includes noting how your sleep, hobbies, work, and other day to day activities have been affected.

Financial Losses and Expenses

You should provide evidence of any financial losses claimed. This could include loss of earnings, medical bills, travel expenses, and any other expenses incurred as a result of the injury.

Conclusion

Workplace injuries can be life changing events. Navigating the legal process for compensation can feel overwhelming, but it doesn’t have to be. By understanding your rights, gathering the right evidence, and seeking expert legal advice, you can ensure you receive the compensation you deserve.

Whether you’re an employee, a temporary worker, or self-employed, it’s important to know that if you’ve been injured at work due to your employer’s negligence, you have the right to claim compensation. The process may seem daunting, but with the right support, you can successfully navigate your way to obtaining the compensation you rightfully deserve.

M&P Commentary

Martyn Trenerry, Member, Solicitor and specialist in Personal Injury, said:

“If you’ve had a workplace accident, we know what you’ll be going through. Our solicitors can help you get the compensation that you deserve.

Having an accident at work can be a very distressing experience. In addition to  the injuries sustained, many workers also worry about how their employer will handle the situation.

We will explain what your rights are following an accident at work and look to answering your questions.”

Common questions our clients ask us include:

  • What should I do if I have an accident at work?
  • Can I claim compensation for an accident at work?
  • Can I be fired for having an accident at work?
  • Will I get sick pay after an accident at work?
  • How much does it cost to make an accident at work claim?

For more information call us on 01708 784000 to discuss your case.

 

 

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A Comprehensive Guide to Litigating Workplace Injury Claims in the UK