Accident at work claims

Can I make an accident at work claim?

If you have been injured or suffered harm in your workplace due to the fault of your employer or colleagues, whether that has been caused by faulty machinery, incorrect protective equipment, or an unsafe system of work, you may be able to make an accident at work compensation claim. Our lawyers understand the anxiety felt when you are injured at work, and we are on hand to support you.

Employers have a legal duty of care to ensure their employees have a safe working environment and equipment, proper training, and protection. Accident at work law states that if they breach that duty and you are injured as a result, you are entitled to make a claim against them.

Even if your accident was caused by a colleague's actions or negligence, your employer is responsible for compensating you. Every employer, by law, must have employers' liability insurance, to make sure they can pay compensation for any accidents at work that result in illness or injury. This is particularly important as this means the injured person is protected from a business not having the financial means to pay compensation.

Types of work accident claims

There are many ways in which you could be injured in the workplace, and we have been instructed to represent clients for a wide range of accidents. Here are just some examples of workplace accident claims we have worked on:

• Construction accidents: Construction sites remain one of the most dangerous places to work and we have helped many people who have been injured when working on them due to falls from height, electrocution, manual handling lifting incidents, faulty machinery, lack of training or suitable staff are common examples.
• Defective equipment: You have a right to expect the equipment you use at work to be safe, but unfortunately, poor maintenance and inadequate safety procedures mean some equipment is defective or inappropriate for the job in hand, which can cause injuries.
• Warehouse and factory injuries: Though warehouses and factories are far safer than they used to be, accidents do still happen, so if you have been injured or have been made ill from working in one, we can help.
• Military injuries: If you have been injured in a military accident or suffered because of negligence, we can help.

What are the most common injuries sustained at work?

Unfortunately, injuries at work are not uncommon. In fact, according to the Health and Safety Executive, 561,000 workers reported a non-fatal injury in the Labour Force Survey 2022/23, while more than 60,000 employers reported employee injuries through Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR).

It’s important that employees are made aware of the risks their work and working environment pose, and that employers take every reasonable action to ensure workers’ safety. The most common causes of accidents and injuries in the workplace are often easily corrected measures, such as:

• Supplying the correct personal protective equipment (PPE)
• Carrying out the proper risk assessments
• Maintaining equipment
• Providing regular health and safety training

When measures such as these are not put in place, workers’ safety can be jeopardised, and accidents are far more likely to happen, leading to injured at work claims. Some of the most common types of injury at work are:

• Slips, trips and falls
• Falling from a height, or being struck by a falling object
• Injuries caused by machinery
• Manual handling injuries

When does the Health and Safety Executive (HSE) investigate workplace accidents?

RIDDOR sets out the circumstances in which an employer, or any other person in control of a work environment, must report a workplace accident to the Health and Safety Executive. This includes:

• any work-related accident that caused a ‘reportable’ serious injury
• any work-related accident that has caused death
• a diagnosis of certain industrial diseases, where these are likely to have been caused or made worse by the work being done
• a dangerous occurrence, defined as an ‘incident with the potential to cause harm’

Generally speaking, RIDDOR considers a ‘reportable’ injury as any injury that causes lasting or permanent damage. Regulation 4 of RIDDOR sets out a full list, including injuries such as fractures (other than to fingers, thumbs or toes), amputations, serious burns, head injuries or asphyxia that causes unconsciousness, or any injury requiring hospital admittance for more than 24 hours or more than seven consecutive days off work.

What should you do if you’re injured at work?

An injury at work can often be very distressing, which can make knowing what to do in the aftermath difficult. It is important that, wherever possible, you ensure the right process is followed and any relevant evidence is collected as this can be important if you decide to make a claim later.

If you’ve been injured in an accident at work, you should:

• Prioritise your health and wellbeing: seek immediate medical attention. Your workplace should have a designated first aider or, for more serious injuries, visit your local Accident & Emergency department or call 999.
• Report the accident to your employer: this will usually be through your line manager, who should follow your organisation’s accident reporting processes and log it within the company accident book. This keeps an official record of what happened and how you were hurt. In certain cases, usually ones that involve more serious injuries, your employer should also report your accident and injuries to the Health and Safety Executive (HSE) under RIDDOR.
• Collect evidence: if possible, take photos or collect video evidence of the accident, the location in which it took place, and the injuries you sustained, and take down the details of any witnesses. If you are unable to do so due to your injuries, ask a colleague to help.
• Speak to your GP: if you didn’t see your GP or attend A&E in the immediate aftermath of the accident, attend your GP surgery if your injuries are still bothering you. Not only is this important to ensure you get the right treatment, but it can also provide important evidence if you decide to make a claim.
• Consider making a workplace accident claim: making a claim for compensation may not be the first thing on your mind, but it can provide crucial access to rehabilitation and treatment and help ease any financial burden your injuries may have caused.

Our specialist accident at work lawyers have supported hundreds of clients in securing the compensation they deserve after a workplace injury. With a focus on providing access to high-quality rehabilitation and treatment, our industry-leading team are here to help when you need us most.

Speak to our workplace accident solicitors

How do I make an accident at work claim?

If you believe your injury could have been prevented and your employer or colleague was at the fault you should then seek legal advice from our expert accident at work solicitors who will support you throughout the entire process.

1. Contact us online today to speak to one of our experts, who will be able to discuss your claim with you.
2. We will assess your claim and collect all the relevant evidence, including speaking to medical experts and witnesses and gathering evidence/disclosure.
3. We can help you deal with the Health and Safety Executive who may also be investigating the accident and a potential criminal prosecution because of illegal practices.
4. To support your claim, your work accident lawyer will need to obtain medical evidence. We will do this with your permission and then assess your medical records and arrange for you to have an examination with an independent medical expert who specialises in providing expert medical evidence required in cases such as this.
5. We’ll ensure you have access to the best quality treatment and rehabilitation to maximise the chances of a full recovery and future independence.
6. In most cases, negotiations will lead to a successful conclusion of a work accident claim. However, there are occasions when a successful settlement cannot be reached, and we will need to commence Court Proceedings and proceed to a hearing before a Judge. Most cases reach a compromise without the need for a full hearing before a Judge.
7. Our expert solicitors will keep you informed and supported as the claim progresses.

What can I claim for if I’m injured at work?

An injury at work can have a severe impact on every aspect of your day-to-day life, including your health and wellbeing, your mobility, your social life, and your ability to continue working during your recovery.

When you make a workplace accident claim, the amount of compensation you are awarded will take into account several factors, including the severity of your injuries and how it affects your quality of life. Specifically, you’ll be awarded compensation in two categories:

• General damages: this covers any physical or psychological injuries you sustained in the accident. The exact amount you are awarded will be determined by how serious your injuries are, and by how likely or how quickly you might be expected to fully recover, according to a medical expert.
• Special damages: this covers any other expenses you have incurred because of your accident. For example, it will cover any wages you may lose (both now and in the future if you continue to be unable to work), as well as the cost of any medical treatment, care and support, rehabilitation, home or travel adaptations or prosthetics and mobility aids. Special damages include financial losses up to the date of settlement and any future financial losses that you are likely to incur, for example for future care and rehabilitation.

How do I prove an injury at work claim?

As with many personal injury claims, to be entitled to make a claim for compensation you’ll need to be able to prove that the accident was caused by your employer’s negligence.

This can seem daunting, but your solicitor will be able to advise you on how best to approach this and help you to collect the evidence you need. This will include things like:

• The official record of your accident in your company’s accident book
• Medical records detailing any injuries seen by a doctor or medical professional, and the treatment that was prescribed
• Witness statements from the accident
• Photographic or video evidence of the accident (including CCTV footage)
• Records of any financial losses incurred because of your injuries, such as time out of work, treatment costs and travel expenses

Why choose our accident at work solicitors?

Having a reliable and skilled solicitor is essential when addressing personal injuries. At Slater and Gordon, our accident at work solicitors have successfully pursued countless claims for workplace accident compensation, securing crucial support for our clients when they need it most.

• Our experts have earned top rankings from reputable independent legal guides such as Chambers and Partners and The Legal 500.
• Many of our team also hold esteemed positions within the Association of Personal Injury Lawyers (APIL), such as Vice President, Senior Litigator and Brain Injury Specialist.
• We’re regulated by the Solicitors Regulation Authority (SRA)
• We’re also accredited by the Law Society's Lexcel program, which underscores our commitment to the highest standards of professionalism.
• Our solicitors work closely with medical professionals to assess injuries and determine the necessary future care and rehabilitation, which enhances our ability to negotiate fair compensation on your behalf.
• Our team includes an in-house rehabilitation coordinator to ensure you receive optimal support for a successful recovery.
• We’re partnered with various charities that assist those who have experienced serious injuries, so we can guide you toward ongoing support for you and your family. This includes, but is not limited to, After Matters, Headway, and the Spinal Injuries Association.