Understanding Compensation: How Much Can You Claim for an Accident at Work?

Drawing from our extensive experience helping accident at work victims it can be a time of huge stress and anxiety that can accompany injuries sustained at work. This burden is especially profound when the injuries are likley to lead to a prolonged period off work.

There is likely to be a huge range of concerns including the immediate pain and discomfort and the worry of long-term pain and permanent disability.

The stress of suffering a loss of income due to the inability to work. This may be coupled with the worry surrounding potential long-term financial instability especially if the injuries are so serious that a return to work is not feasible.

The work accident claim victim will have a whole range of questions that they will need their chosen solicitor to address and one of those main questions will be how much compensation can you claim for an accident at work.

Navigating the Compensation Landscape

The compensation system exists to place the victim (as far as possible through monetary means) in the same position they would have been in had the accident had not occured. In practical terms this means that compensation claims reflect the severity of the injuries sustaind and their impact upon your life. So the more severe injuries lead to higher levels of compensation as they involve increased pain and suffering and a prolonged recovery period. The amount of compensation awarded for a workplace injury will vary from one individual claim to the next.

Demystifying Compensation: General and Special Damages

Damages for pain and suffering and loss of amenity are known as “General Damages” and the measure of these are governed by the all important “Judicial College Guidelines” (JCG).

These guidleines are issued by the Ministry of Justice and are referred to by the Judiciary and indeed all practitioners involved in the personal injury claim process. The guidlines are updated regularly and provide a comprehensive value for virtually every type of category of injury. The various injuries are listed according to severity giving a good starting point for the various brackets of compensation. The JCG Guidleines help to ensure that there is a consistency of approach when dealing with personal injury awards across the compensation claim system.

In addition the compensation claim will include an amount for what is known as “Special Damages” which covers all the financial losses that flow from the accident.

In the most serious of injury claims where the accident at work victim is unable to return to work due to accident related injuries the claim for special damages can be substantial.

This compensation can include loss of earnings, pension losses, care claim costs as well as various other heads of financial losses. This is particularly important as accident at work claims often have to rely upon Statutory Sick Pay which frequently doesn’t cover the full financial loss.

How much compensation you exactly recover will often depend upon how good and knowledgeable your personal injury solicitor is. So your choice of which solicitor you’re going ask to help you recover personal injury compensation is a massive decision and can’t be under estimated.

Claim Eligibility and Process

Am I Eligible to Claim Compensation for a Workplace Injury Claim?

You may be eligible to claim compensation arising from a work injury claim if you’ve suffered a personal injury which was not your fault and you believe your employer or a colleague was in some way to blame.

Employer’s Duty of Care: It’s important to remember that your employer has an overriding duty of care to ensure you are safe whilst at work. If for some reason they have failed to discharge this duty and as a result you have suffered injury then you may well have grounds for a claim. It’s absolutely crucial employers make sure they prioritise all workplace health and safety matters and be sure to take a proactive role in terms of the prevention of accidents to avoid injuries. Ensuring compliance with health and safety regulations, providing adequate training, and maintaining a safe work environment are essential responsibilities of employers.

Employers Liability Insurance: It’s crucial to understand that employers are required by law to have insurance in place which protects any empolyees who are injured at work. This means that any accident at work claims where employees are injured as a result of the emploer’s negligence will stand to receive compensation.

Time Limits: Generally speaking the Claimant has a period of 3 years from the date of the accident in which to claim compensation by formally lodging all the papers with the Court. It’s vitally important to seek legal advice well before the expiry of the 3 year period to allow sufficient time for your solicitor to investigate your claim and prepare everything ready to issue legal proceedings.

Employment Status: your employment status won’t typically affect your ability to claim compensation if you suffer an accident at work. So whether you are a full time worker, a part time worker or a contractor it matters not, provided the employer failed you in terms of being negligent.

Our team of expert solicitors can help you with a free consultation and legal advice and conduct a comprehensive review in relation liability issues. If there are reasonable prospects for your claim we can represent you on a No Win No Fee basis (which is sometimes referred to as a conditional fee agreement).

What if I Was Partly to Blame for My Injury – Can I Still Claim?

You may still be able to claim compensation even if you were partly to blame, but the compensation may be reduced by the percentage you are considered to be to blame.

For example, if the facts bear out you were 25% responsible for a fall you suffered because you were not paying attention and your employer was 75% responsible, your overall compensation amount could be reduced by 25%.

Employer liability claims can still be pursued even if the employee is partly to blame although if the accident was considered to be totally your fault then this will extinguish your claim completely.

Can My Employer Dismiss Me for Simply Putting in a Claim for Compensation?

• It’s not unusual for accident at work victims to be reluctant about proceeding with a claim for fear of their employer’s reaction.
• Employers are certainly not allowed to single out employees who are looking to make an accident at work claim for a genuine reason.
• If your employer does end up firing you simply for making a claim, this may well be construed as grounds for unfair dismissal, giving rise to a separate claim in the employment tribunal where they maybe required to pay compensation for unfair dismissal.

 Focusing on Your Compensation: Do You Need Help Valuing Your Claim?

Navigating the vagaries of the compensation landscape can be a difficult and complicated affair, but it’s important that you know your rights and the potential outcomes. If you are at all unsure about quantifying your accident at work claim or would like to discuss the various heads of loss so you can evaluate your potential compensation, our team can provide expert guidance. We’ll be pleased to assess the specifics of your claim and offer insights that go beyond a simple compensation calculator or work claim calculator, ensuring you have a comprehensive understanding of your options.

 

What Types of Accident are Typical in the Working Environment?

Slips, Trips and Falls are one of the most common types of accidents at work which can result in broken bones, sprains and strains as well as bruises and contusions.

Manual Handling Injuries are also common place with muscle strains and back injuries being sustained when lifting heavy objects in the absence of adequate training or any proper training or lifting equipment.

Defective machinery can result in a whole range of injuries in the context of the working environment leading to a range of injuries from minor to serious consequences such as lacerations, crush injuires and amputations.

Falling objects arising from badly stacked stock or unstable shelving can lead to head injuries, bruising and fractures.

Common Accident at Work Injuries that can give rise to Compensation

Some common workplace injuries for which compensation is often claimed include:

• Broken bones and soft tissue injury
• Neck and back injuries
• Burns
• Head injuries
• Foot and leg injuries
• Lacerations
• Psychological trauma
• Noise induced hearing loss

 

Of course those individuals who have suffered multiple injuries are able to recover compensation that takes into account all injuries sustained.

Suffered with an Occupational Illness? – Can I Still Claim Compensation?

Of course, if you have come down with an occupational illness arising out of your working environment then you may be in a position to claim compensation. It’s pretty much the same as with accidents at work so if your illness can be linked to your employer’s negligence or unsafe sytem of work you may well be able to bring a successful claim. This applies not only to acute injuries but also to multiple injuries which may have been sustained over time as a consequence of unsafe working conditions.

Evidence and Proof for a Work Accident Claim

Reporting an Accident in the Workplace

If you experience any kind of workplace accident it’s crucial you report it to your employer as soon as possible.

Your employer has a duty to adhere to safety regulations and report workplace accidents to the Health and Safety Executive.

Gathering Together Proof to Support an Accident at Work Claim

To give you the best chances of succeeding with your work injury claim it’s crucial to concentrate on obtaining or preserving as much evidence as possible. It’s so important to gather together all the relevant evidence while the details are fresh in your mind and when it’s readily avaiable.

If you are at all uncertain about the nature of the evidence required and what action to take then one of our work accident compensation claim solicitors would be delighted to advise you.

Key types of evidence that can be useful for establishing liability for an accident at work include:

• Contact information from any witnesses and where possible witness statements.
• Medical records and medical reports including those related to mental health if these are relevant.
• Photographs of the accident scene as well as your injuries.
• Accident Report.
• Any CCTV footage that recorded the accident at work claim.
• Records relating to your Financial losses including any out of pocket expenses and medical expenses.
• Employment records dealing with any relevant training you have received.
• Medical evidence to highlight the nature and extent of your injuries and their impact on your daily life as well as any occupational illnesses that may have arisen owing to your work environment.

 

How Long will it take to Finalise my Work Accident Compensation Claim?

The time it takes to conclude your claim will depend on a whole variety of factors.

Generally speaking the process can take just a matter of months to 18 months or longer depending upon the following:

Severity of the Physical Injuries and the time it takes for there to be a full recover or to reach maximum medical improvement where your condition has reached a plateau. Any settlement in general terms will be on a final basis so this is why it is essential to have a clear understanding of the long term prognosis and any future losses and medical expenses. If the workplace accident claim is settled prematurely this carries the risk of under settlement which means you could come away with less compensation than you deserve.

Liability Denial: If liability is denied then this will almost inevitably extend the time required to finalise the claim.

Investigation and Evidence Gathering: This will vary according to the complexity of the claim, the number of witness statements and the extent to which the defendant’s insurance company cooperate and respond to requests for disclosure.

Why Your Solicitor is so Important when it comes to Maximising Your Accident at work Compensation?

There’s no doubt that your choice of solcitor is crucial in the context of recovering the best compensation for accident at work claims.

Your solicitor plays a central role in maximising your work compensation in a number of different ways:

Expert Insight: a specialist work injury claims solicitor can put together an accurate quantification of your claim which encompasses both immediate and long term losses such as rehabilitation costs, lost earnings and future care needs.

Liability Investigations and Legal Strategy: It’s important your solicitor has the skill and expertise to carry out a thorough investigation of all the available evidence so that an informed decision can be made in relation to the prospects of success. This is a crucial step and necessary to build a strong foundation so there is justified confidence that the claim is viable and likley to succeed especially if a Trial is likley to follow.

Negotiation Skills: Your work accident compensation solicitor needs to have the skills, experience and motivation to bring about a really good result for you. Have they a proven track record of winning work accident claims, and are there a significant number of testimonials left by satisfied clients? It’s crucial you instruct the right solicitor and right firm to deal with your claim if you are looking for maximum compensation. Be sure to double-check that your solicitor is accredited and regulated by the Solicitors Regulation Authority for additional reassurance of their professionalism and the requirement to adhere to legal industry standards.

Expertise in Work Accident Compensation Claims Process: Having this expertise is vital when you are looking to achieve the best results. Clearly in depth knowledge of the law and claims process will ensure that your solicitor navigates the system quickly and efficiently and facilitating a winning result.

Guidance and Support: Throughout the work compensation claim process an experienced accident at work claim solicitor will always be in a position to offer guidance, reassurance and support. This ensures you are never kept in the dark and always know what steps are being taken on your behalf and why.

So by instructing the right specialist accident at work solicitor you will be ensuring that your claim is handled with expertise, knowledge and experience which will all serve to give you the very best chances of success.

We have a long and proven track record of success and are focused on providing a personal service and the support you need to bring about the best settlement possible for your work injury compensation claim.

Contact us today to discuss how we can help you recover the accident at work compensation you deserve.

100% No-Win-No-Fee – Guaranteed

Our specialist accident at work solicitors work exclusively on a genuine no win, no fee basis and this provides several advantages to our clients.

No win, no fee means you can start a compensation claim without having to pay upfront legal fees so this means we can get to work on your claim straight away without any initial payment or indeed any payment at all if your claim is not successful.

Working on a no win no fee basis ensures you can relax knowing you have no financial risk when claiming compensation. Additionally, this arrangement means our solicitors are highly motivated to succeed as they know they won’t get paid until and unless the claim is successful.

Employer’s Negligence and Advance Payments

• If the Claimant is suffering with financial hardship after the accident happened then it is possible to apply for an immediate interim payment.
• In addition to alleviating financial hardship, interim payments are often requested when the Claimant is likely to have a prolonged recovery and needs ongoing rehabiltation or private medical treatment.
• In general the defendant’s insurer will only be amenable to agreeing to an interim payment if liability is not contested. If the insurer ackowledges responsibility for the accident at work claim then it is in their interests to cooperate by making an interim payment so that the Claimant is in a position to facilitate their recovery. On the other hand if the insurer disputes liability then they will resist having to make any upfront payments until liability has been agreed.

 

Starting the Accident at Work Claims Process 🙂

• Find out whether you can claim compensation and talk to our personal injury solicitors who will be delighted to discuss all aspects of your claim.
• Drawing on all their years of experience they will assess the details of your claim, including how the accident occurred, and provide you with an informed opinion on the likelihood of success and how much compensation you stand to receive. They will use their expertise to establish an accurate valuation of your claim, very similar to a compensation calculator, but much more focused on your individual situation.
• Contact us today and let us help you bring your accident at work claim.

 

FAQs

What is the average payout for a personal injury claim in the UK?

The question of what is the average payout for personal injury awards is a challenging question to answer because the range of awards is so wide depending upon the injury and individual circumstances of the Claimant. For example someone who suffers a strained back is going to receive substantially less than someone who suffers a traumatic brain injury. It also follows that someone who as a result of the injury loses their ability to work will recover infinitely more than an individual who can keep on working following the accident.

 

What to do after an incident at work?

There are 5 key steps to take following an accident at work claim: 1) Formally Report the Accident 2) Seek Medical Help 3) Log the incident in the accident work book 4) Seek Legal advice from a specialist accident at work solicitor 5) Gather witness statements and photographic Evidence.

 

How much can you get out of pain and suffering?

There’s no one fit answer to this question as the awards for pain and suffereing are unique to the individual claim and the nature and extent of their particular injuires. There’s no substitute therefore to seeking expert legal advice from an experienced personal injusry solicitor will will be able to give a good initial indication in relation to the likely level of compensation you can recover.

 

What is the most common workplace accident?

It is often said that the most common type of workplace accident involves slips, trips and falls. This makes sense when you consider these accidents can occur in any type of working environment and can be contributed to by poor lighting and human factors such as tiredness, footwear and inadequate training.