Some people worry that they can’t make an accident at work claim because they agreed to something that caused or contributed to their workplace injury. For example, if you agreed to move a heavy load without proper training, you might think you can’t make a claim – but this isn’t the case.

When a person is partly to blame for their accident, this is known as contributory negligence. The injured person may be partly at fault for their injury – but importantly, so is their employer. In the example above, the employer is at fault for failing to provide the training.

If you are found to have contributed to your injury, your compensation may be reduced by a percentage, but given your employer contributed to the accident it doesn’t mean you can’t make a claim. They are still liable for your injuries.

Our accident at work advisors can provide you with legal advice on whether you can make a claim. Simply call us or request a callback and we’ll be in touch to discuss your case.

If you have been injured because of a mistake made by a work colleague, you can still make an accident at work claim. Some people are put off making a claim in these circumstances, because they don’t want to put their colleague in financial difficulty.

But you don’t need to worry – your colleague won’t have to pay towards your compensation. There is a principle in law called ‘vicarious liability’, which means your employer is liable for the negligence or the actions of their employees, including when they or their actions injure a colleague.

Any compensation you are awarded will come from your employer’s insurer, even if the accident was caused by a fellow worker.

If as a self-employed worker you are injured in an accident at work and the incident was caused through no fault of your own, you may be entitled to file for compensation against the person you regularly work for or provide services to.

Self-employed contractors hired by a third-party business have the same health and safety protections as employees. Many sectors employ contractors. It’s a common practice in areas like construction, financial services, retail, healthcare and information technology.

It is very unusual for an employer to not have Employers’ Liability (EL) Insurance. The penalties for not holding insurance are severe – up to £2,500 for each day that the employer does not hold suitable cover. If your employer does not hold EL insurance, you would ultimately need to claim compensation from the employer.

Family businesses (where all the employees are closely related to the employer) are exempt from the Employers’ Liability (Compulsory Insurance) Act, unless the business is incorporated as a limited company.

Employers of domestic help (such as gardeners and cleaners) are not generally required to have liability insurance, as the ’employees’ usually work for more than one person.

When making an injury claim, it is the employer’s insurer who pays compensation, not the employer. Some workers may be hesitant to make an accident at work claim because they worry about the financial impact it will have on their employer. We will negotiates on your behalf with the employer’s insurance company, not personally with the employer. Be wary about accepting an early offer from the other side’s insurance company. Early offers are usually lower than what the claim might be worth so make sure you take good advice.

Employers have a legal duty of care for their employees’ health, safety and wellbeing at work. If you are injured at work as a result of your employer’s breach in their duty of care, you may be able to claim financial compensation.

Under the Employers’ Liability (Compulsory Insurance) Act 1969, UK employers are legally required to hold Employers’ Liability Insurance (EL).

EL insurance protects employers from the financial consequences of an employee making a compensation claim. EL insurance is designed to ensure the injured worker receives the full amount of compensation they need to fund their recovery and rehabilitation.

The law requires EL insurers to provide up to £5m cover. Most insurers provide cover up to £10m. The insurance policy should also cover employees when working away from their usual place of work or at home.

All employers have a very clear legal responsibility to make sure you and any other employee are safe in the workplace. This includes providing a well-maintained & safe working environment, proper training and satisfactory safety gear for the required job.

Any employers who don’t observe general health and safety regulations, like the Health and Safety at Work Act 1974, are putting you directly at risk. Their responsibilities also include following the regulations that may be specific to what you do. These include The Work at Height Regulations 2005 act or the ‘Six-Pack’ Regulations 1992 for factory-based jobs.

It’s called a duty of care. If your employer has failed in their duties and you’ve sustain injury at work – or become ill as a result – you’re entitled to seek work injury compensation.

We understand that you may worry about making a claim against your employer and seeking work injury compensation. It’s a valid concern and we’re here to help. If you’re injured at work in an accident that was solely your fault, what happens next is down to your employer.

You cannot be sacked, singled out or penalised for making an accident at work claim against them. They have a legal duty of care to provide you with a safe working environment, proper training and protection for the job.

If they breach their duty and as a result you sustained injuries, you can make a claim against them. The law is crystal clear, but we appreciate that employee-employer claims often need careful handling.

If your employer attempts to sack/dismiss you for making – or thinking about making – a compensation claim, you may have a case for unfair dismissal. Equally, if they make your life at work so unbearable you end up quitting, you may have a case for constructive dismissal.

If you’ve been injured at work in the last three years and it wasn’t your fault, you may be able to claim compensation. Injuries, medical condition and work-related illnesses are often caused by employers and managers failing to follow proper health and safety rules.

First, you need to prove that the accident that caused your injury (or medical condition) was not your fault. Second, the evidence must demonstrate that the accident was caused by the negligent action – or inaction – of your employer.

We will base your accident at work claim on the following evidence:

• The accident at work was officially recorded in the company accident book.
• A record of medical treatment received after accident.
• An independent medical assessment of your injuries.
• Photographs of the accident location and injury hazard.
• Witness statements.
• A record of any/all financial losses.

You can call us or request a free callback and we will assess your accident at work claim.

Most workplaces have a high potential for causing serious and long-lasting injuries when they’re not maintained safely or proper trainings are not provided. Potential for work accidents increases when people are poorly trained or lack the right personal protective equipment (PPE) for the job.

If you’re unsure about your injury, ask yourself the questions below. If you answer yes to any of the questions, then call us or request a callback from us. You may have suffered a workplace injury worth investigating and claiming for:

• Am I still receiving any medical treatment for an old injury or illness picked up at work?
• Have I been making repeat hospital visits to treat any condition because of my work?
• Have I taken any time off work to recover from an injury or other medical condition?
• Have my injuries or condition stopped me returning to work in the same role or doing the same hours?

Compensation amount can help to pay for your recovery and any changes you have to make to your life – either historically, now or in the future. In some cases, your solicitor may be able to arrange an interim payment from insurer, if your employer admits liability. This is a portion of your compensation that takes care of your immediate needs before the final settlement comes through.

If you are in any doubt, then it is always worth speaking to one of our accident at work advisors. You can also request a callback on a date and time suitable to you.

There are several things you should do after an accident at work. First and most importantly is to make sure you seek immediate medical attention. When making a claim for an accident at work, there are several things you can do to help your solicitor put your case together. However, don’t worry if you’ve not been able to follow these steps, you could still be able to claim.

• Make sure you inform your accident as soon as possible to Health and Safety representative or a colleague or your manager.
• Notify your employer immediately and complete a short accident report. Make sure your employer records the accident in the company accident book. If you are still in shock, distressed or in pain, do not sign any report that is given to you by your employer or anyone else involved.
• Write out a clear description of the accident yourself. This will be of benefit to you and your solicitor. Make sure you sign and date the accident description yourself.
• Try to get hold of the names and addresses of anyone who witnessed your accident, try to get witness statements from colleagues if you can. you can also ask a good workmate or your union rep to do so if you’re incapacitated or off work.
• Ask your Health and Safety Executive (HSE) to preserve the scene of your accident, if possible. Also, ask your good workmate or Health and Safety Executive (HSE) to take photos of the scene and make them available to you. If they are not able to get a camera, ask if someone could sketch the scene instead.

There are many different types of workplace injuries that your employer can be held responsible for. Some of the most common injuries at work are:

• Slip, trip or fall
• Falls from height
• Falling objects
• Lacerations and cuts
• Workplace burns
• Musculoskeletal injuries, including back injuries
• Serious injuries, including brain injuries and spinal injuries
• Dangerous practices and procedures in the workplace
• Defective or poorly maintained equipment
• Dangerous machinery at work
• Noxious environment or toxic substances
• Assault at work
• Accident while operating a forklift
• Non-adherence to Health and Safety regulations
• Negligence of work colleagues
• Insufficient or improper training

Our accident at work advisors will typically be able to tell whether or not you have a potential claim over the initial telephone call. How long does a injury at claim process takes will depend on the nature and severity of your injuries. Accident at work claims can generally take anything from six months to two years to settle. Some serious injury cases can take longer than this, dependent on how complicated your injuries are.

• A clear-cut claim where injuries are minor and your employer has admitted responsibility for the accident, can be settled in six to nine months.
• If Health and Safety Executive (HSE) is prosecuting your employer then you may have to wait for that to conclude before your case can be resolved.
• If you’ve suffered serious injuries, it’s usually advisable to wait until we understand the full extent of your injuries before settling the case. This is to ensure you receive the right amount of compensation.

Where your employer has admitted responsibility early on in your case, it may be possible to get “interim” compensation payments – this is compensation that’s paid in advance of your final settlement to cover any immediate needs you have.

However, no two cases are the same. The solicitor we appoint to your case will be able to give you a more accurate estimate timeline when they’ve reviewed all the details.

Work accidents can cause serious injuries. This is because most working environments have a high accident potential when not maintained – or if staff haven’t been trained properly. You typically have three years from the date of the accident or diagnosis of a medical condition to make an injury at work claim. However, there are some exceptions to this rule:

• Psychological Trauma or Mental Capacity – if you or your loved one no longer has the mental capacity to make a claim themselves (often the case following a traumatic brain injury), then in these circumstances there is no time limit for making a compensation claim.
• Accidents While Working Abroad – if your accident happened while working abroad, the time limit for making a claim may be shorter.
• Defective Work Equipment – if your injury was caused by a piece of equipment that had a manufacturing defect, the time limit may be different. If you’ve been injured with an accident at work it’s best to contact us as soon as possible, to ensure we can begin your claim within the relevant time limits.
• Under 18s – If you or a loved one suffered an injury at work when they were under 18 (including if the injury happened while in full or part time employment, as an apprentice or on work experience), a claim can be started at any point up until their 21st birthday. However, in cases where mental capacity has been lost, then no time limit applies.

The amount of compensation you could win/claim for your work accident will depend on your injury or illness, its severity and the effect it’s had on your life. When you make a injury at claim with us, we will consider the full impact of what you have suffered. It’s important to us that you’re properly compensated. It’s not just about your pain and physical suffering from your accident. There are several other compensation areas we might include:

• Any time off work and lost earnings;
• Any future loss of income;
• Psychological trauma;
• Any changes to your ability to work;
• Any changes you might need to your home or car;
• Care or support you have needed, even if given free by family and friends;
• Paid medical treatments, travel costs for treatment and accommodation costs.

You won’t be able to provide an estimate of the potential amount of your work injury compensation claim until we has started negotiating with your employer’s insurers.

If you’ve been injured at work and your employer is at fault in some way, you can make a work accident compensation claim. Your employer has a duty of care to provide you with a safe work environment. In some instances you may even be able to claim if you caused the accident, for instance if your injuries were made worse because of a piece of faulty equipment. It may also be possible to claim if a workplace accident made an existing injury or condition worse. Your employer has a legal duty to ensure you’re safe at work.

In practice this means that they have a responsibility to:

• Make sure you’re properly trained
• Undertake any (or any adequate) risk assessments
• Provide safe working systems
• Provide you with suitable work and personal protective equipment
• Manage business activities to minimise risks to your health and safety

If you have sustained an injury at work and believe your employer is responsible for your injuries then you can either call us or request a callback from us to advise you on your workplace injury claim.