Claim Compensation For Back Injury At Work
Back injuries are among the most common work-related health issues in the UK, affecting thousands of workers each year across various industries. From simple strains to serious spine injuries, the impact on an individual’s health and ability to work can be significant. Understanding your legal rights and the steps to take if you suffer a back injury at work is crucial not only for your health but also for securing the compensation you may be entitled to.
Whether caused by a specific incident like a fall, or by cumulative factors such as repetitive lifting or poor posture, back injuries can and do lead to serious long-term consequences. Under UK law, employers are obligated to provide a safe working environment, and when they fail to meet these obligations, they may be liable for the resulting injuries.
We offer free initial advice for handling all claims related to back injury at workplace. When it comes to take on accident at work cases, we can offer a No Win, No Fee service. This means you don’t have to pay us anything if we won’t be able to secure compensation for you.
What are the common causes of back injuries at workplace?
Back injuries at work can result from a variety of factors, often related to physical activities that place undue stress on the spine. Understanding these common causes is essential for both prevention and for addressing the legal aspects of compensation claims. Here’s an expanded look at the primary sources of back injuries in the workplace:
1. Manual Handling Tasks
Manual handling involves lifting, carrying, moving, pushing, or pulling loads. These tasks are among the leading causes of back injuries in the workplace, particularly in sectors such as construction, warehousing, and healthcare. Improper manual handling techniques can lead to muscle strains, ligament sprains, and disc injuries. Key risk factors include:
- Lifting heavy or awkwardly shaped objects.
- Sudden or jerky movements.
- Lifting objects that are too far away from the body.
- Repeatedly performing these tasks without adequate breaks.
Employers are required by the Manual Handling Operations Regulations 1992 to ensure that all employees are trained on proper lifting techniques and to minimize manual handling tasks as much as possible.
2. Slips, Trips, and Falls
Slips, trips, and falls are common occurrences in all types of work environments, from office spaces to industrial sites. These incidents can cause a sudden jolt or impact to the spine, potentially leading to serious back injuries. Common scenarios include:
- Slipping on wet or oily surfaces.
- Tripping over loose carpeting, uneven flooring, or obstacles in walkways.
- Falling from a height, such as ladders, scaffolds, or raised platforms.
Employers are obligated under the Workplace (Health, Safety and Welfare) Regulations 1992 to keep the workplace free of hazards that could lead to these types of accidents.
3. Repetitive Strain and Poor Ergonomics
Repetitive strain injuries (RSIs) occur from performing the same motions over and over, especially if they involve an awkward posture or are done without adequate rest breaks. Poor ergonomic practices also contribute significantly to back injuries, particularly in office environments where workers may sit for extended periods without ergonomic support. Issues include:
- Poorly designed workstations that force unnatural posture.
- Chairs that do not support the lower back.
- Repetitive tasks like bending, reaching, or twisting without proper support or equipment.
The Health and Safety (Display Screen Equipment) Regulations 1992 require employers to assess the ergonomic risks associated with workstation setups and ensure that workers receive adequate breaks from repetitive tasks.
4. Accidents Involving Workplace Machinery or Vehicles
Back injuries can also result from accidents involving machinery or vehicles, particularly in industries such as manufacturing, agriculture, or transportation. These injuries can arise from:
- Being struck by moving vehicles or equipment.
- Accidents due to mechanical failures.
- Jolts or jerks from vehicle movements, especially in rough terrain or when machinery operates erratically.
The Provision and Use of Work Equipment Regulations 1998 and the Health and Safety at Work Act 1974 mandate that all work equipment be maintained in good working order and that safety measures be in place to protect employees from machinery-related injuries.
Why there are so many work related back injuries?
Work-related back injuries are prevalent in the UK due to several factors often related to workplace environments, practices, and the physical demands of certain jobs. Understanding why these injuries occur is crucial for implementing effective preventive measures. Here are the primary reasons for the high incidence of work-related back injuries:
1. Manual Handling and Lifting
A significant number of back injuries are caused by improper handling and lifting techniques. Many jobs involve moving, lifting, or carrying heavy objects, which can strain the back, particularly if the correct procedures are not followed or if the employee has not been trained properly in manual handling techniques.
2. Poor Ergonomics
Inadequate workplace ergonomics is a major contributor to back injuries. This includes everything from poorly designed workstations that force workers into awkward postures, to chairs that do not support the spine properly, and repetitive tasks that put constant strain on the back. Office workers, for instance, often experience back pain from prolonged sitting in non-ergonomic chairs or at desks that do not suit their height.
3. Repetitive Strain
Jobs that require repetitive motions, such as bending, twisting, or reaching, can lead to overuse injuries of the back muscles and spine. This is common in assembly line work, warehousing, and even in healthcare settings where staff frequently have to move or lift patients.
4. Aging Workforce
The workforce in many industries is aging, and older workers are more susceptible to back injuries due to decreased muscle strength, flexibility, and resilience. As the body ages, the discs in the spine lose hydration and flexibility, making them more prone to injury.
5. Lack of Physical Fitness
A general lack of physical fitness can contribute to the prevalence of back injuries in any population. Workers who do not engage in regular physical activity are more likely to suffer from lower back pain as their muscles are not conditioned to support their spine properly.
6. Accidents and Safety Failures
Workplace accidents such as slips, trips, falls, or being struck by moving objects can cause sudden and severe back injuries. These accidents are often related to poor workplace safety practices, inadequate safety training, or failures in maintaining a safe working environment.
7. Increased Work Pressures
Rising work pressures and longer hours can lead to fatigue, which makes it more likely for workers to use improper techniques when lifting or moving, or to ignore pain until it becomes a serious injury. Economic pressures can also lead some employees to skip breaks or work in a rush, increasing the risk of injury.
8. Inadequate Recovery Time
In jobs with high physical demand, inadequate breaks and recovery time can lead to muscle fatigue and back injuries. Continuous physical labor without sufficient rest exacerbates wear and tear on the spinal structures.
What UK law say about the back injuries at workplace?
In the UK, workplace health and safety laws provide a comprehensive framework designed to prevent injuries, including back injuries, and to ensure the well-being of employees. The primary pieces of legislation that relate to preventing and dealing with back injuries at work include:
1. Health and Safety at Work etc. Act 1974
This is the primary piece of legislation covering occupational health and safety in Great Britain. It places a duty on employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of all their employees. This includes undertaking risk assessments, providing necessary training, and ensuring that the workplace and the working environment are safe and without risks to health.
2. Management of Health and Safety at Work Regulations 1999
These regulations require employers to carry out risk assessments to identify potential hazards and implement preventive measures. Employers must also ensure that employees are given adequate training to handle their tasks safely, which is particularly relevant in preventing back injuries from manual handling tasks.
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3. Manual Handling Operations Regulations 1992 (as amended)
These regulations specifically address the risks associated with manual handling, a common cause of back injuries. They set out a hierarchy of measures employers should follow to reduce the risks:
- Avoid hazardous manual handling operations so far as is reasonably practicable.
- Assess any hazardous manual handling operations that cannot be avoided.
- Reduce the risk of injury so far as is reasonably practicable.
Employers are required to provide training on safe manual handling techniques and to implement systems of work that are safe for all manual handling tasks.
4. Workplace (Health, Safety and Welfare) Regulations 1992
These regulations cover a wide range of basic health, safety, and welfare issues and ensure that workplaces meet the necessary standards. The regulations include requirements that might affect the risk of back injuries, such as the layout of the workplace, the provision of suitable seating, and the maintenance of equipment.
5. Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
Under RIDDOR, employers are required to report certain serious workplace accidents, occupational diseases, and specified dangerous occurrences (near misses). This includes serious back injuries that result from accidents at work and are incapacitating for more than seven days.
Employer’s Liability
Apart from adhering to statutory duties under health and safety laws, employers are also under a common law duty to take reasonable care to ensure their employees’ safety. This includes providing competent staff, adequate materials and equipment, a safe system of work, and effective supervision.
How Can I Claim For Back Injury at Workplace?
If you’ve suffered a back injury at work in the UK, you may be entitled to claim compensation. Here’s a step-by-step guide on how to proceed with your claim:
Step 1: Seek Medical Attention
First and foremost, seek medical treatment for your injury. This is important for your health and provides medical records that serve as evidence of your injury. Make sure the medical practitioner notes the cause and circumstances of the injury as related to your work.
Step 2: Report the Injury to Your Employer
Inform your employer about the injury as soon as possible. This should be done in writing and included in your employer’s accident book, a legal requirement for businesses. Reporting the injury officially is crucial for the documentation process and is a formal acknowledgment that the injury occurred at work.
Step 3: Document Everything
Keep detailed records of everything related to your injury and its aftermath:
- Dates and details of the incident.
- Names and statements of any witnesses.
- All medical consultations and treatments.
- Records of any time off work due to the injury.
- Receipts for any expenses incurred due to the injury, such as medication and travel costs for medical appointments.
Step 4: Understand Your Legal Rights
Research your rights under UK employment and health and safety law. This might involve reading up on relevant legislation or consulting a legal professional who specializes in workplace injuries.
Step 5: Consult a Solicitor
It’s advisable to consult a solicitor experienced in personal injury claims, particularly those related to workplace injuries. They can provide expert advice, evaluate the strength of your case, help gather necessary documentation, and represent you throughout the claims process.
Step 6: Claim Through Workers’ Compensation or Personal Injury Claim
Decide with your solicitor whether to pursue a claim through workers’ compensation insurance or to file a personal injury claim. Workers’ compensation claims do not require you to prove negligence but may cover only medical expenses and lost wages. A personal injury claim, which requires proof of employer negligence, may offer a broader range of damages, including compensation for pain and suffering.
How Much You Can Claim For Back Injuries at Work?
The amount you can claim for a back injury at the workplace in the UK can vary widely depending on the severity of the injury, the impact on your future earning capacity, and the expenses incurred due to the injury. Compensation is typically categorized into general damages (for pain and suffering and loss of amenity) and special damages (for financial losses and expenses). Here are some guidelines and examples to give you an idea of potential compensation amounts:
General Damages for Back Injuries
General damages compensate for the pain, suffering, and loss of amenity suffered due to the injury. These are assessed based on the severity and permanence of the injury:
- Minor Back Injuries: Where full recovery or recovery to nuisance levels occurs without surgery within about 2 to 5 years, compensation might range from approximately £2,300 to £11,730.
- Moderate Back Injuries: This includes injuries such as disturbances of ligaments and muscles leading to backache, soft tissue injuries, or exacerbation of a pre-existing condition, generally where there is a more protracted recovery and the risk of recurrence. Compensation can range from about £11,730 to £36,390.
- Severe Back Injuries: Involving spinal cord and nerve root damage, possibly leading to significant pain and disability with a combination of severe pain syndrome and incomplete paralysis or issues with organs in the pelvic area. These cases can attract awards in the range of £36,390 to £151,070 depending on the specific circumstances.
Special Damages for Back Injuries
Special damages cover actual financial losses incurred as a result of the injury. This can include:
- Loss of earnings and future earnings if you’re unable to return to work or have to take a lower-paid job.
- Medical and rehabilitation costs.
- Adaptations needed for your home or vehicle.
- Care costs, if you need assistance during your recovery.
Examples of Back Injury Compensation Claims
- Example of a Minor Back Injury Claim: A retail worker slips on a wet floor at work, suffering from a slipped disc. They are unable to work for six months and undergo extensive physiotherapy. The total compensation includes general damages for their pain and recovery time, plus special damages covering medical costs and lost wages.
- Example of a Moderate Back Injury Claim: A construction worker falls from scaffolding and suffers from a fractured vertebra requiring surgery. They receive compensation for their immediate pain and suffering, ongoing discomfort, and a higher award to cover a year of lost earnings, as well as medical expenses and adjustments to their home to aid recovery.
- Example of a Severe Back Injury Claim: An IT professional is involved in a car accident while on the job, resulting in permanent spinal damage that partially paralyzes their lower limbs. Compensation in this case would be at the higher end of the scale, reflecting the life-changing impact of the injury, significant medical expenses, the cost of adapting their home, ongoing care costs, and a significant claim for lost future earnings due to disability.
Can I claim if I was partly to blame for my back injury at work?
Yes, you can still make a claim for compensation if you were partly to blame for your back injury at work in the UK. This is known as “contributory negligence.” In cases of contributory negligence, the compensation you receive might be reduced based on the degree of your own responsibility for the injury. It’s where both parties (you and your employer) agree on a share of the blame. For example, this could be any ratio such as 50:50, 40:60 or 20:80.
Contributory negligence occurs when the injured party has also contributed to either the cause of the accident or the severity of the injury. For example, if you failed to follow the prescribed safety procedures or were not using the provided safety equipment at the time of the accident, it could be determined that you were partly responsible.
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Understanding Contributory Negligence
Contributory negligence does not prevent you from claiming compensation, but it does affect how much compensation you can ultimately receive. Here’s how it works:
- Fault Allocation: If it’s determined that you were partially responsible for your injury, the compensation awarded will be reduced according to your share of the blame. For example, if you are found to be 25% responsible for the accident, then your compensation will be reduced by 25%.
- Negotiation: The extent of your contributory negligence and the resulting adjustment to your compensation typically involves negotiations between your legal representatives and those of your employer or their insurance company.
How Contributory Negligence is Assessed
Contributory negligence is typically considered when an employee fails to follow safety protocols, uses equipment improperly, or does not wear the required safety gear. For instance, if you did not use provided safety equipment which could have prevented the injury or minimized its severity, this could be seen as contributory negligence.
Steps to Take if Contributory Negligence Might Apply
- Legal Advice: It is crucial to seek advice from a solicitor experienced in workplace injury claims. They can provide a realistic assessment of your case, including the impact of any contributory negligence on your compensation.
- Gathering Evidence: Collect as much evidence as possible to demonstrate the circumstances of your injury. This includes documenting unsafe working conditions or practices, lack of proper training, or failure of the employer to enforce safety measures.
- Negotiation: Your solicitor will handle negotiations, advocating on your behalf to achieve the best possible outcome. They will aim to minimize the perceived level of your fault to maximize your compensation.
- Preparation for a Possible Reduction in Compensation: Be prepared for the possibility that your compensation might be reduced due to your partial responsibility. Your solicitor can help estimate this adjustment based on the details of your case.
Frequently Asked Questions (FAQs)
1. What constitutes a work-related back injury?
A work-related back injury is any injury to the back muscles, spine, or related structures that occurs as a result of work activities or in a workplace environment. This can include injuries from lifting heavy objects, repetitive strain, accidents like falls, or prolonged poor posture during work tasks.
2. How should I report a back injury at work?
Report any back injury to your employer as soon as possible. Make sure the incident is recorded in the accident book, a requirement for most workplaces. Detail how the injury occurred and any factors that contributed to it. Reporting promptly helps ensure that you can claim workers’ compensation if needed.
3. Am I entitled to compensation for a back injury at work?
Yes, if you suffer a back injury at work, you may be entitled to claim compensation. This could be through your employer’s liability insurance for workers’ compensation, which covers medical expenses and lost wages, or through a personal injury claim if the injury was caused by employer negligence.
4. What evidence do I need for a back injury claim?
You will need medical evidence of your injury from a healthcare provider, details of the accident and how it was caused, witness statements if available, records of any previous complaints regarding potential hazards, and documentation of any financial losses incurred as a result of the injury.
5. How much compensation can I expect for a back injury?
The amount of compensation depends on the severity of the injury, the impact on your ability to work, the costs of medical treatment, and whether there are any long-term disabilities. Compensation ranges can vary widely, so consult with a solicitor who can provide guidance based on the specifics of your case.
6. How long do I have to make a claim for a back injury at work?
In the UK, you generally have three years from the date of the injury or from when you first became aware of it to make a claim. However, it’s best to begin the claims process as soon as possible to ensure all relevant evidence is collected and properly documented.
7. What if I am partly to blame for my back injury?
You can still make a claim even if you are partly at fault for your injury. This is known as ‘contributory negligence’. Your compensation might be reduced to reflect your part in contributing to the injury, but you are still entitled to claim for the portion of the injury caused by your employer’s failure.
8. Can I lose my job for making a back injury claim?
It is illegal for an employer to dismiss you or treat you unfairly for making a legitimate injury claim. If you are dismissed in retaliation for filing a claim, you may have a separate claim for unfair dismissal.
9. What should I do if my employer doesn’t have accident insurance?
Employers in the UK are legally required to have employer’s liability insurance. If your employer does not have this insurance, they are operating against the law. You can still make a claim for compensation; the process may involve securing compensation directly from the employer.
10. What type of treatment should I seek for a work-related back injury?
Seek treatment from a qualified medical professional who can provide a proper diagnosis and treatment plan for your back injury. This could include visits to your GP, referrals to orthopedic specialists, or treatments such as physiotherapy. Accurate medical records are essential for supporting any compensation claim.
11. Can I claim for psychological effects caused by my back injury?
Yes, if you experience psychological effects such as depression, anxiety, or stress as a direct result of your back injury and the resulting changes in your life, you can claim for these damages as part of your personal injury claim. Documenting this through medical assessments will be crucial.
12. What happens if my back injury is a result of inadequate training?
If your back injury was caused by inadequate training, your employer may be found negligent for failing to provide the necessary instruction for safely performing work tasks. This can strengthen your personal injury claim, highlighting employer liability in your injury.
13. How can I prove my back injury was work-related?
Proving that your back injury is work-related involves demonstrating the link between your job duties and the injury. Medical reports, witness statements, and records of your work duties and conditions will be important. An expert opinion from a medical professional can also provide a critical link between your symptoms and work activities.
14. What if my back injury aggravates a pre-existing condition?
If your work-related injury exacerbates a pre-existing back condition, you are still eligible to claim compensation. You would need to demonstrate how the work injury worsened your condition. Medical records showing the state of your health before and after the incident will be necessary.
15. Are temporary workers entitled to claim for back injuries?
Yes, temporary workers, like permanent employees, are covered under UK health and safety laws and are entitled to claim compensation if they suffer a back injury at work. The process remains the same, involving reporting the injury, documenting medical care, and potentially filing a claim for compensation.
16. How do I manage a back injury at work?
If you sustain a back injury at work, it’s important to manage the injury effectively to prevent further damage. This may involve modifying your work tasks, using ergonomic aids, and following a physical therapy regimen. Your employer should facilitate these adjustments based on medical advice.
17. Can I refuse tasks that might aggravate my back injury?
You have the right to refuse tasks that pose a health risk to you, especially if they might aggravate an existing injury. Employers are required to make reasonable adjustments to your work tasks to avoid worsening your condition.
18. How is compensation for a back injury calculated in a workers’ compensation claim versus a personal injury claim?
In a workers’ compensation claim, compensation is usually calculated based on a set formula that considers your average earnings and the severity of your injury. In a personal injury claim, compensation can include a broader range of damages, including pain and suffering, loss of future earnings, and medical expenses, calculated based on the specific impacts on your life.
19. What should I document immediately after a back injury at work?
Immediately after a back injury at work, document the time, date, and circumstances of the injury, the names of any witnesses, the exact nature of any tasks you were performing, and any deviations from normal procedures. Also, keep records of all medical consultations and treatments related to your injury.
20. What long-term care might be needed for a severe back injury, and can I claim for these costs?
Severe back injuries may require long-term care, including ongoing physical therapy, pain management, and possibly modifications to your living arrangements to accommodate reduced mobility. You can claim these costs as part of a personal injury claim, provided you can demonstrate that they are a direct consequence of your work-related injury.
Why You Need Legal Representation: The Role of a Solicitor in Your Claim
Seeking legal representation from a knowledgeable and experienced solicitor specializing in workplace injuries is essential to protect your rights and maximize your compensation. A skilled solicitor can assess the circumstances surrounding your work accident injury, gather evidence to support your claim, and negotiate with insurance companies on your behalf. They can also guide you through the legal process, ensuring that deadlines are met, and your rights are upheld every step of the way.
A solicitor specializing in workplace injuries can be a tremendous asset. They can help in:
-Assessing the validity of your claim.
-Gathering necessary evidence and documentation.
-Negotiating with insurance companies.
-Representing you in court, if necessary.
How much will it cost to make a work accident claim?
(No Win, No Fee)
We will take on your work accident claim on a ‘No win, No fee’ basis. Our charges to you are dependent upon the individual type of case, and are typically a percentage of the compensation amount that we obtain for you. Where we offer “No Win, No Fee” services, typically customers pay 25% plus VAT of the companestion amount we able to recover on your behalf and any ir-recoverable disbursements. If we won’t able to secure any compensation for you then you don’t have to pay us anything.
If you or someone you know has sustain cuts, laceration or scarring injury then feel free to contact us. Alternatively, you can also request a free, no obligation callback request from our website.
How long do you have to make an accident at work claim?
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.
What do i need to prove in an accident at work claim?
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.
You can call us or request a free callback and we will assess your accident at work claim.
Am I Eligible To Make An Accident At Work Claim?
In the UK, employers and business owners are legally responsible for the welfare and safety of their staff and any visitors to their premises. The law states that all businesses must compulsorily hold employer liability insurance and conform to Health & Safety regulations to ensure that they meet those requirements/guidelines.
If your employer failed to meet their responsibilities and their negligence has caused injury (or medical condition), you can claim compensation by filing an accident at work claim. If your claim for a workplace injury is successful the compensation would be paid from the employers liability insurance. In certain circumstances, even if you contributed to your own accident at work, you may still be able to claim injury compensation if your employer is deemed to have been the main instigator of your personal injury or medical condition at work.
You can call us or request a free callback if you have any questions about claiming compensation for an accident at work.
Frequently Asked Questions Related to Work Accident Claims
What should I do if my employer disputes my injury claim?
If your employer disputes your claim, it’s important to seek legal advice immediately. A solicitor can help gather evidence to support your case and represent your interests in any disputes or legal proceedings.
Can I claim for psychological injuries?
Yes, you can claim compensation for psychological injuries, such as stress or anxiety, if they are a result of your working environment or job-related activities.
How long does a workplace injury claim process take?
The duration of a claim process can vary depending on the complexity of the case. Some claims are settled within a few months, while others may take longer. Your solicitor can provide a more specific timeline based on your circumstances.
Will I need to go to court for my injury claim?
Most injury claims are settled out of court. However, if a satisfactory agreement cannot be reached, your case may need to go to court. Your solicitor will prepare you for all eventualities and represent you throughout the process.
Are there any costs involved in making a claim?
Many solicitors offer a ‘No Win, No Fee’ arrangement for workplace injury claims. This means you won’t have to pay any upfront legal fees, and fees are only applicable if your claim is successful.
Can I make a work injury claim if the accident was partly my fault?
Yes, you can still make a claim even if you were partly at fault. The concept of ‘contributory negligence’ may apply, where compensation is reduced according to your share of the blame.
What if I’m a contractor or a temporary worker, can I still claim?
Yes, contractors and temporary workers are entitled to a safe working environment. If you are injured while working, you have the same rights to claim as permanent employees.
How is the amount of compensation determined?
Compensation is calculated based on factors like the severity of your injury, impact on your life, loss of earnings, and future care needs. Each case is unique, and the amount varies accordingly.
What if my injury occurred over time and not in a specific incident?
You can still claim for injuries that developed over time, such as repetitive strain injuries or occupational illnesses. The key is to link these conditions directly to your workplace environment or duties.
Can I claim for an injury that happened while working from home?
Yes, if you’re working from home as part of your employment, you are still covered by your employer’s duty of care. Injuries sustained while performing your job at home can be eligible for a claim.
What happens if I lose my job after making a work injury claim?
It’s illegal for an employer to dismiss you solely because you’ve made a claim. If you’re unfairly dismissed, you might have grounds for further legal action.
Can I make a claim on behalf of a family member who was injured at work?
Yes, if a family member is unable to make a claim themselves due to the severity of their injuries, you can initiate a claim on their behalf.
How long will I receive compensation payments?
The length of time you receive compensation depends on the nature of your injury and how it affects your ability to work. Payments continue until you’ve recovered, or for a period specified in your compensation agreement.
What about psychological trauma resulting from a workplace accident?
You can claim for psychological trauma, such as PTSD or anxiety, if it’s directly related to a workplace accident. Mental health injuries are as valid as physical injuries.
Is there a risk of any costs if I lose my claim?
Under a ‘No Win, No Fee’ agreement, there should be no costs if you lose. However, it’s important to understand the terms of the agreement with your solicitor, as conditions can vary.
What if my employer has gone out of business?
You may still be able to make a claim even if your employer is no longer in business. It’s important to seek legal advice to explore your options, as claims can often be made against the company’s insurance.
Can I be fired for making a workplace injury claim?
It is unlawful for an employer to dismiss you for making a legitimate injury claim. If you face dismissal or unfair treatment as a result of your claim, you should inform your solicitor immediately.
How can I support my mental health during the claim process?
Dealing with an injury claim can be stressful. It’s important to seek support, whether through counseling, talking to family and friends, or joining support groups. Your solicitor can also provide guidance on coping strategies during this time.
Is there a minimum severity for injuries to be eligible for a claim?
No, there’s no minimum severity for workplace injuries. Even minor injuries can be eligible for a claim, especially if they result in medical costs, pain, suffering, or loss of earnings.
Can I make a claim if I’m a contractor or temporary worker?
Yes, contractors and temporary workers have the same rights to a safe working environment as permanent employees. If you’re injured while working in these capacities, you may still be entitled to make a claim.
What happens if the injury aggravates a pre-existing condition?
If a workplace injury aggravates a pre-existing condition, you can still make a claim. The key factor is determining how much of your current condition is attributable to the workplace injury.
Can I make a claim for an injury that happened during a work social event?
If the social event is officially sponsored by your employer, and you were injured during this event, you may have a valid claim. The specifics can be complex, so it’s advisable to consult with a solicitor.
Should I accept a settlement offer from my employer’s insurance company?
Be cautious about accepting early settlement offers, as they may not fully cover your long-term needs. It’s essential to have any offer reviewed by a solicitor to ensure it’s fair and adequate.
Can family members claim compensation if a workplace injury is fatal?
In tragic cases where a workplace injury leads to death, dependents or family members may be able to make a claim for compensation. This can cover funeral expenses and loss of financial support.
How can I ensure that my claim is processed smoothly?
Keeping detailed records, following your solicitor’s advice closely, and maintaining open communication can help ensure your claim is processed smoothly and efficiently.
What if I face harassment after making a claim?
Harassment or any form of retaliation from your employer or colleagues due to your claim is unlawful. Report any such occurrences to your solicitor immediately, as they can advise on the best course of action.
We are here to help!
If you, a friend or a family member has involved in an accident at work that caused your injury (or medical condition) then it may be possible to claim compensation for injuries or medical condition.
Our dedicated workplace accident solicitors will work hard to get you the compensation you deserve. Your settlement can help pay for private medical care and any time you’ve had to take off work.
You have three years to make an accident at work claim from the date you were injured.
