Claim Compensation For Broken Arm At Work
Sustaining a broken arm at work can not only be painful but also significantly impact your ability to perform your job and engage in daily activities. Whether you work in an office, a construction site, or a warehouse, understanding your rights and the steps to take after such an injury is crucial.
A broken arm can involve one or more of the three major bones in the arm—the humerus, radius, and ulna. The nature of the fracture can vary widely from simple fractures, which may heal relatively quickly, to more complex fractures, such as compound fractures where the bone pierces the skin, which require significant medical intervention and a longer recovery period.
We offer free initial advice for handling for arm injuries claims 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 is UK law about broken arm injury at workplace?
In the UK, the legal framework surrounding workplace injuries, including broken arms, is comprehensive, focusing on both prevention and compensation. The primary legislations and regulations that govern these aspects include the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, and the Workplace (Health, Safety and Welfare) Regulations 1992. Here’s a breakdown of what these laws entail and how they relate to injuries like a broken arm at work:
Health and Safety at Work etc. Act 1974
This is the cornerstone of workplace health and safety legislation in the UK. Under this Act:
- Employers’ Duties: Employers are required to ensure, as far as is reasonably practicable, the health, safety, and welfare of all their employees. This includes providing safe systems of work, safe equipment, adequate training, and supervision.
- Employees’ Duties: Employees are also required to take reasonable care of their own health and safety, as well as that of others who may be affected by their actions at work. They must cooperate with their employers in matters of health and safety.
Management of Health and Safety at Work Regulations 1999
These regulations require employers to carry out risk assessments to identify workplace hazards and implement appropriate preventive and protective measures. Employers must also:
- Ensure that employees are provided with adequate health and safety training.
- Set up emergency procedures.
- Provide information about the risks in the workplace and the protective measures in place.
Workplace (Health, Safety and Welfare) Regulations 1992
These regulations cover a wide range of basic health, safety, and welfare issues such as ventilation, lighting, workstations, and facilities. They ensure that the workplace meets certain standards that contribute to the safety and well-being of everyone using the workspace.
Reporting and Compensation
If an employee suffers a broken arm at work, it is likely to be reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Employers must report serious work-related accidents, diseases, and dangerous occurrences to the Health and Safety Executive (HSE) or the local authority.
Workers’ Compensation
In terms of compensation, workers who suffer from a broken arm due to a workplace accident are typically covered under their employer’s compulsory Employers’ Liability Insurance. Employees can claim compensation for:
- Medical expenses related to the injury.
- Loss of earnings if they are unable to work during recovery.
- Possible long-term effects of the injury, if any.
Why there are so many broken arm related injuries at workplaces?
There are several reasons why broken arm injuries are relatively common in workplaces, particularly in certain industries. These injuries can occur due to a combination of factors, including workplace environment, nature of the job, and human error. Here’s a breakdown of why these injuries might occur frequently:
Nature of Work: Certain occupations inherently carry higher risks due to the physical nature of the work involved. Industries such as construction, manufacturing, and warehousing involve heavy lifting, the use of machinery, and activities that require physical agility and strength. Workers in these fields are more prone to accidents that could result in broken arms.
Slips, Trips, and Falls: These are among the most common causes of workplace injuries across various sectors. A slip or trip can easily result in a fall that causes an employee to land awkwardly on an arm, breaking it. Wet or uneven flooring, cluttered walkways, and poor lighting are frequent contributors to such incidents.
Machinery and Equipment Accidents: Injuries from machinery are a significant risk in places like factories and workshops where heavy equipment is used. Workers can suffer broken arms from getting caught in machinery, equipment malfunctions, or improper use of tools. These incidents often occur due to lack of proper safety measures, inadequate training, or failure to use protective guards.
Lack of Training and Safety Measures: Proper training and adherence to safety protocols are crucial to preventing workplace injuries. Lack of training on how to correctly handle machinery, equipment, or execute certain tasks can lead to accidents. Furthermore, if safety measures like protective gear and ergonomic tools are not provided or enforced, the risk of injuries increases.
Poor Workplace Ergonomics: Ergonomics involves designing the workplace and job demands to fit the capabilities of the working population, aiming to reduce stress and eliminate injuries caused by overuse of muscles, bad posture, and repeated tasks. Poor ergonomic practices can lead to situations where workers are more likely to sustain injuries, including broken arms, from repetitive strain or awkward movements.
Fatigue and Overexertion: Excessive workload or long working hours without adequate breaks can lead to fatigue, which impairs a worker’s judgment and physical ability, increasing the likelihood of accidents. Overexertion can also cause employees to put too much strain on their bodies, leading to accidents that might result in severe injuries like broken arms.
Human Error: Mistakes happen, but in a workplace setting, even minor errors can have serious consequences. Lack of attention or misjudgment can result in incorrect handling of materials or failure to adhere to safety procedures, leading to injuries.
Main Causes of Broken Arm Injuries at Workplace
Broken arm injuries in the workplace can result from a variety of scenarios. Understanding these main causes is crucial for employers to implement effective preventative measures and for employees to be aware of potential risks. Here are the primary causes of broken arm injuries at workplaces:
Falls: Falls are one of the leading causes of broken arms in the workplace. These can include:
Falls from Height: Common in construction, roofing, and window cleaning jobs, where workers may fall from ladders, scaffolding, or roofs.
Slips and Trips: Occur due to wet or uneven floors, clutter, or poorly maintained pathways. These are prevalent in all types of workplaces, from offices to factories.
Machinery Accidents: Operating heavy machinery without proper safety measures or failures in machinery can lead to severe injuries. Arms can get caught in moving parts or crushed during the operation of equipment like presses, conveyors, and rotating devices.
Lifting and Manual Handling: Improper lifting techniques, handling heavy or awkward loads, and overexertion can lead to broken arms. These injuries are common in warehouses, on construction sites, and in transportation.
Impact with Objects or Equipment: Workers can suffer broken arms due to:
- Being struck by moving objects: Such as vehicles, falling tools, or unsecured cargo.
- Colliding with stationary objects: Such as barriers, doors, or equipment, often resulting from poor visibility or lack of awareness.
Workplace Fights and Assaults: In some work environments, particularly in high-stress areas or where public interaction is frequent, workers might be injured due to physical altercations.
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How Can I Claim For Broken Arm at Workplace?
If you have suffered a broken arm at your workplace, you’re likely entitled to compensation for the injuries and losses you’ve incurred. Here’s how you can proceed to ensure your rights are protected and you receive the appropriate compensation:
Medical Treatment: Immediately after the injury, seek medical treatment. It’s crucial that a medical professional assesses your injury and provides the necessary care. Ensure all medical records and reports are kept as they will serve as essential evidence for your claim.
Report the Incident: Report the injury to your employer as soon as possible. Make sure the details of the accident and your injury are formally logged in the company’s accident book. This is a legal requirement and a critical step in documenting your claim.
Gather Evidence: Collect evidence that could support your claim:
- Photographs: Take clear photos of the accident scene and your injuries.
- Witnesses: Obtain statements and contact details from anyone who witnessed the accident.
- Documents: Keep all receipts related to your medical treatment, travel expenses for medical visits, and any other costs incurred due to the injury.
- Correspondence: Save any communications with your employer about the injury and your recovery progress.
Review Company Policies: Look over your employment contract and any relevant workplace policies. Understanding these can help clarify your rights and the specific procedures your employer may have for dealing with workplace injuries.
Legal Assistance: Consult with a solicitor specializing in workplace injuries. They can offer expert advice on your case, help in gathering additional evidence, and determine the best course of action, whether that’s a workers’ compensation claim or a personal injury lawsuit against your employer.
File the Claim: With the help of your solicitor, initiate the compensation claim. They will guide you through the process, from submitting the necessary paperwork to negotiating with insurers and handling legal proceedings if the claim goes to court.
Negotiation and Settlement: Your solicitor will negotiate with your employer’s insurance company to reach a fair compensation settlement. This will cover various aspects such as:
- Medical and rehabilitation expenses.
- Loss of earnings and future income if the injury affects your long-term ability to work.
- Compensation for pain and suffering.
How Much You Can Claim For Broken Arm at Work?
In the UK, the amount of compensation you can claim for a broken arm sustained at work depends on several factors, including the severity of the injury, any lasting disabilities, financial losses, and how the injury impacts your everyday life and ability to work. Here are some general guidelines on potential compensation amounts:
Compensation for a Broken Arm at Work
Minor to Moderate Injuries:
Simple fractures to the forearm, where a full recovery is made without surgery, might receive between £6,190 and £18,020.
Injuries that lead to significant disability but not complete loss of function in the arm might range from £18,020 to £36,770.
Severe Injuries:
Severe injuries involving the elbow that do not require major surgery but result in some disability might see awards in the range of £14,690 to £30,050.
Injuries leading to a significant permanent disability, whether it involves part of the arm or the entire arm, can range from £36,770 to £56,180.
Very severe cases where the arm has been rendered almost useless will see higher compensations, potentially ranging from £36,770 to £122,860 depending on the specifics of the injury and additional factors like pain and suffering.
Loss of One Arm:
Amputation of one arm (below the elbow) could result in compensation amounts between £90,250 and £102,890.
Amputation of one arm (above the elbow) can see higher amounts, generally between £102,890 and £128,710.
Additional Compensation Factors:
- Medical Costs: Reimbursement for any medical expenses already incurred and estimated future medical expenses.
- Loss of Earnings: Compensation for any lost wages if you’ve been unable to work during recovery and for potential future loss of earnings, especially if your ability to work is permanently affected.
- Travel Expenses: Costs associated with traveling to and from medical appointments.
- Pain and Suffering: Compensation for the pain and discomfort endured during the injury and recovery period.
- Care Claim: If you need help at home during your recovery, costs can be claimed even if the care is given freely by family members.
Legal Considerations:
- Contributory Negligence: If you were partly responsible for your injury (e.g., not following safety guidelines), the compensation could be reduced proportionally.
- Negotiation: The actual amounts may vary based on negotiations by your solicitor, who will factor in all aspects of your injury and its consequences.
Can I claim if I was partly to blame for my broken arm injury at work?
Yes, you can still make a claim for compensation if you were partly to blame for your broken arm 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 should I do immediately after breaking my arm at work?
- Seek Medical Attention: Your health is the priority. Ensure you get medical help immediately.
- Report the Injury: Inform your supervisor or manager about the injury as soon as possible, as this will be crucial for any future claim.
- Document Everything: Keep records of the incident, including witnesses, what caused the accident, and details about the environment (e.g., slippery floor, no safety barriers).
- Follow Procedures: Ensure all workplace accident reporting procedures are followed, which might include filling out an accident report form.
2. Can I claim compensation for a broken arm sustained at work?
Yes, if you suffer a broken arm at work, you are likely entitled to make a claim for compensation, especially if the injury resulted from an unsafe work environment or negligence on the part of your employer.
3. What types of compensation can I claim for a broken arm at work?
You can claim for various types of compensation, including:
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- Medical expenses for immediate and ongoing treatment.
- Loss of earnings if you’re unable to work during recovery.
- Pain and suffering for the physical and mental distress caused by the injury.
- Future losses if the injury affects your ability to work or requires long-term medical care.
4. What if I was partially at fault for my injury?
You can still claim compensation under the concept of contributory negligence, although your compensation may be reduced by a percentage that reflects your share of responsibility for the accident.
5. How long do I have to make a claim for a broken arm at work?
In the UK, you generally have three years from the date of the accident to make a personal injury claim. It’s advisable to start the process as soon as possible to ensure all evidence is fresh and available.
6. Do I need a solicitor to make a compensation claim?
While not mandatory, it is highly recommended to use a solicitor specializing in personal injury claims. They can provide expert advice, handle negotiations, and increase the likelihood of receiving a fair compensation.
7. How is the amount of compensation determined?
The amount of compensation is based on the severity of your injury, the impact on your life and work, documented medical expenses, and any projected future costs related to the injury.
8. What should I do if my employer pressures me not to claim?
It is illegal for an employer to retaliate against an employee for making a legitimate injury claim. If you experience any form of pressure or retaliation, report it immediately to your solicitor or the relevant authorities.
9. Can I claim if the accident was caused by a coworker?
Yes, if your injury was caused by a coworker, you might still claim against your employer’s insurance. Employers are typically responsible for the actions of their employees during work hours (vicarious liability).
10. What should I include in my injury report to my employer?
Include detailed information about how the accident occurred, the specific location within the workplace, the time and date, and any witnesses. It’s also helpful to mention any relevant circumstances or hazards that contributed to the accident.
11. How does workers’ compensation work for a broken arm at work?
Workers’ compensation is designed to cover medical expenses, rehabilitation costs, and a portion of your lost earnings while you recover. It does not require proof of employer negligence, making it simpler and faster to obtain benefits compared to personal injury claims. However, claiming through workers’ compensation generally precludes suing your employer for the injury.
12. Can I claim for additional support needed at home due to my injury?
Yes, if your broken arm requires additional home care, adaptations, or support, these costs can often be included in your claim under special damages. This might cover hiring help for domestic tasks you can’t perform or modifications needed in your home to accommodate your injury.
13. What if my broken arm leads to permanent disability or impairment?
If a broken arm results in permanent impairment, you may be entitled to additional compensation for long-term disability and the life-long impact on your ability to work and perform daily activities. This would typically require thorough medical assessments and expert testimony.
14. How can I prove my employer’s negligence contributed to my injury?
Proving negligence involves showing that your employer failed to provide a safe working environment, adequate safety training, or necessary safety equipment. Gathering evidence such as safety inspection reports, training records, and witness statements is crucial.
15. What are the common defenses used by employers in broken arm compensation claims?
Common defenses include arguing that the employee was acting outside the scope of their duties, that they failed to use provided safety equipment, or that they were primarily responsible for their injury due to their negligence (contributory negligence).
16. What if I am a contractor and not a full-time employee?
Contractors may still be eligible for compensation if they can prove that the business they were contracted by had control over their work environment and should have taken steps to prevent the injury.
17. Are there mental health considerations in compensation claims for physical injuries like a broken arm?
Yes, if an injury results in significant psychological distress, such as anxiety or depression, you may be able to claim compensation for psychological damages as part of your overall injury claim.
18. How long does it typically take to settle a compensation claim for a broken arm?
The duration of the claims process can vary widely depending on the complexity of the case, the extent of the injuries, and whether the employer’s insurance company is willing to offer a fair settlement promptly. Typically, it can take anywhere from several months to a couple of years.
19. What should I do if the compensation offered is not sufficient?
If the compensation offered by the insurer does not adequately cover your losses and expenses, you can reject the offer and negotiate further. If negotiations do not yield a satisfactory outcome, your solicitor might advise proceeding to trial.
Different Types of Broken Arm Fractures in the Workplace
When dealing with a broken arm at work, it’s important to understand the types of fractures that may occur, as the specific type of fracture can impact both the treatment and the length of recovery, as well as the compensation claim process. Here’s a brief overview of different types of arm fractures that could occur in the workplace:
1. Simple (Closed) Fracture: A simple or closed fracture is where the bone breaks but does not puncture the skin. This type of fracture is typically less complicated to treat than an open fracture because there is no open wound, reducing the risk of infection.
2. Compound (Open) Fracture: In a compound or open fracture, the bone breaks and pierces through the skin, creating an open wound. This type of fracture is more severe due to the risk of infection and often requires surgical intervention to clean the wound and repair the bone.
3. Greenstick Fracture: Commonly occurring in children, whose bones are softer, a greenstick fracture involves a bone bending and cracking, but not completely breaking. In adults, similar injuries might occur but are less common and typically more severe when they do happen.
4. Comminuted Fracture: This type of fracture occurs when the bone shatters into three or more pieces. Comminuted fractures are often the result of high-impact trauma and can be difficult to treat, requiring surgical intervention to realign and stabilize the bone fragments.
5. Transverse Fracture: A transverse fracture is characterized by a horizontal fracture line that goes straight across the bone. This is typically the result of a direct blow or impact.
6. Oblique Fracture: An oblique fracture has an angled fracture line across the bone and often occurs in longer bones like the radius or ulna. These fractures can be the result of a sharp angled impact to the bone.
7. Spiral Fracture: Spiral fractures result from a twisting force causing a fracture that encircles the bone, much like the stripes on a candy cane. This type of fracture is common in situations where the body is in motion while one extremity is planted or stuck.
8. Hairline Fracture: A hairline fracture, also known as a stress fracture, is a small crack in the bone. It often results from overuse or repetitive activity, which might not be immediately noticeable until diagnostic imaging tests are done.
9. Impacted Fracture: In an impacted fracture, one fragment of bone goes into another as a result of compression. It’s common in falls from a height, where the arms are extended to break the fall.
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.
