Accident at work

Accident at work compensation claims

If you have suffered an injury at work and feel unwell, don’t suffer in silence and check what you are entitled to. Many people who have suffered during their work may not be aware that they can claim compensation for a workplace accident in the UK or an occupational disease.

Accident at work in the UK – Can I apply for compensation for injuries sustained at the workplace?

If you’ve had an accident at work within the last three years, and the accident was partially or entirely not your fault, you probably can apply for compensation. Injuries and illnesses related to work are often caused by employers who fail to comply with health and safety regulations.

Most of us depend on the income we receive from our jobs. Therefore, workplace accidents and the need to take time off for recovery can be very stressful for individuals and their families. You might have been on sick leave or forced to leave your job after the accident. The loss of earnings may have made it difficult for you to pay household bills, take care of your family, or meet other obligations.

You don’t deserve to worry about your health, job, or finances after a workplace accident. That’s why we’re here to help you resolve this issue and act on your behalf. We will provide you with the necessary assistance when you need it most.

What should be done after a workplace accident?

Generally speaking, there are several causes of workplace accidents. They include:

• Dangerous practices used at work,
• Inadequate or nonexistent Personal Protective Equipment (PPE),
• Poor assessment of the risk of accidents,
• Improper or lack of training,
• Unsatisfactory or poorly enforced safety procedures,
• Improperly serviced and maintained equipment.

The Health and Safety Executive conducts regular and detailed studies on injuries and illnesses in workplaces in the United Kingdom. Let’s examine the seven most common injuries and their causes:

• Slips, trips, and falls: the most common cause of injuries resulting in bruises, strains, sprains, fractures, and bone fractures,
• Lifting and carrying: injuries to soft tissues, spinal strains, and bone fractures,
• Struck by a falling object: often a problem in warehouse environments where stocks and materials are stored at height,
• Fall from height: ladder, roof, scaffolding,
• Workplace violence: threats, assault, cuts, scratches, and bruises,
• Contact with machinery and equipment, misuse, or malfunction: usually results in cuts and lacerations,
• Collision: collision with a stationary object due to inattention.
• Inadequate or nonexistent Personal Protective Equipment (PPE),
• Poor assessment of the risk of accidents,
• Improper or lack of training,
• Unsatisfactory or poorly enforced safety procedures,
• Improperly serviced and maintained equipment.

According to HSE data from 2014-2019, 25% of all fatal injuries are falls from height. Other health hazards in the workplace include:

• Slips, trips, and falls: the most common cause of injuries resulting in bruises, strains, sprains, fractures, and bone fractures,
• Lifting and carrying: injuries to soft tissues, spinal strains, and bone fractures,
• Struck by a falling object: often a problem in warehouse environments where stocks and materials are stored at height,
• Fall from height: ladder, roof, scaffolding,
• Workplace violence: threats, assault, cuts, scratches, and bruises,
• Contact with machinery and equipment, misuse, or malfunction: usually results in cuts and lacerations,
• Collision: collision with a stationary object due to inattention.

According to HSE data from 2014-2019, 25% of all fatal injuries are falls from height. Other health hazards in the workplace include:

• Toxic fumes: inhalation leading to respiratory illness or damage,
• Industrial deafness: prolonged exposure to strong, persistent noise, poor protection of the hearing organ or its absence (earplugs, noise-canceling headphones),
• Injury caused by repetitive actions and movements (RSI – Repetitive Strain Injury): from working at a computer keyboard to working with pneumatic equipment.

If any of the above seems familiar to you, you probably can apply for compensation for a workplace accident. Our lawyers have extensive experience in handling these types of claims. If you have any questions, please feel free to contact us.

Workplace accident in a high-risk industry

Generally, it is believed that every workplace accident can be prevented. In reality, this is not always the case, and some accidents are unavoidable. For example, construction, energy production, and steel manufacturing are fundamentally high-risk work environments. Above all, preventing accidents can be achieved through providing better, more thorough training for workers and maintaining safety measures in accordance with Health and Safety principles. Specific injuries may occur due to:

• Poorly serviced and maintained equipment,
• Incorrect installation of structures, such as scaffolding or warehouse racks,
• Improper use and inadequate maintenance of forklifts,
• Uncontrolled liquid leaks leading to trips, slips, and falls,
• Poor ventilation or air conditioning and improper storage of chemicals,
• Exposure to toxic chemicals or biological materials.

What should be done after a workplace accident?

Po wypadku w pracy należy zrobić parę rzeczy. Po pierwsze i najważniejsze, należy natychmiast zwrócić się o pomoc lekarską. Następnie, musisz zgłosić co się wydarzyło.

• Make sure to report the accident to your supervisor,
• Ensure that your employer has recorded the accident in the company’s accident book,
• If possible, ask colleagues who witnessed the incident to provide statements,
• Your employer must report certain accidents to the Health and Safety Executive under RIDDOR (Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations). These are regulations regarding the reporting of injuries, diseases, and dangerous occurrences,
• If you need time off work after the accident to recover, you should have the right to Statutory Sick Pay,
• Serious injuries with long-term or permanent consequences may qualify you for disability benefits due to a workplace accident,
• Discuss your employee rights after the accident with your employer.

The Health and Safety Executive investigates all reported cases of serious injuries and occupational diseases.

In most workplaces, serious accidents can occur if safety and hygiene regulations are not followed. If the workplace is poorly maintained, employees lack proper training, or do not have the necessary Personal Protective Equipment (PPE) for the job, injuries may result. If you are unsure about your injury, ask yourself the following questions. If you answer yes to any of them, contact us. You may have suffered workplace injuries that are worth investigating:

• Do I still receive medical assistance due to an old injury or work-acquired illness?
• Have I had to seek medical assistance multiple times to treat the same injury?
• Have I taken time off work to recover from a past injury?
• Have my injuries or disabilities prevented me from returning to the same position at work?

Accident at work in the UK – how long does the compensation claim investigation take?

Finding out if you have a potential claim is simple. Our trained advisors can usually determine whether you have a claim during one conversation. The processing time of a claim depends on the nature and severity of the injuries. Clear claims with minor injuries, where the employer admits liability, can be resolved within six to nine months. Complex cases involving serious injuries and investigations by the Health and Safety Executive (HSE) naturally take longer. It is common for such cases to last from a year to two years, and sometimes even longer. However, no two cases are the same. Our specialized lawyer will be able to provide more precise information after reviewing all the details.

Types of workplace accidents for which I can apply for compensation

Our company has many years of experience in assisting people after a workplace accident. During this time, we have learned that there is no such thing as a standard workplace accident. Examples of workplaces where accidents most frequently occur:

• accidents on construction sites,
• accidents in factories and warehouse halls,
• accidents in hazardous industrial areas,
• accidents during office work,
• accidents on farms and in agriculture,
• accidents in restaurants and hotels.

All employers have a ‘duty of care’ to their employees, and they are legally obligated to protect them. Your employer must take all steps to ensure that your working environment is safe for you and your colleagues. If the employer fails to adhere to general health and safety regulations, according to the Health and Safety at Work Act 1974, they have exposed you to risk and may be held responsible for your accident.

Can I claim compensation for an occupational disease?

The answer is: Yes, you can. Every year, thousands of people contract occupational diseases during their employment. Sometimes, the work environment can exacerbate the symptoms of a pre-existing condition. The law requires employers to provide adequate protection and safe working processes for all their employees. Workers may be entitled to compensation for a workplace accident if this is not provided. To minimize the risk of occupational diseases, it is important to implement good practices in workplace safety and hygiene. Here are examples of some conditions acquired in the workplace:

• Hearing loss caused by noise: partial or total deafness resulting from sudden or prolonged exposure to loud or penetrating sounds,
• Injuries caused by vibrations: damage to limbs and joints due to intensive use of vibrating tools or electrical equipment,
• Respiratory and lung diseases: exposure to harmful substances such as smoke, dust, silica, or asbestos,
• Skin infections: inflammation, irritation, and hypersensitivity of the skin due to excessive exposure to dust, chemicals, and adhesives,
• Cancer: typically lung cancer caused by exposure to asbestos,
• Musculoskeletal disorders: inflammatory and degenerative conditions of muscles, tendons, and nerves, caused by the repetition of tasks and movements and a restricted body position.

If you believe that you have fallen ill due to your employer’s negligence in providing duty of care, you may have the right to pursue a claim for occupational disease. The three-year time limit for filing a claim begins when you first notice symptoms of the disease or when your condition is diagnosed by a doctor.

What happens in the case of initiating a claim for a accident at work?

If you believe you may have grounds for a compensation claim for a workplace accident, seek advice from an expert. Talk to us for free and in confidence, and share your story. We will inform you whether you have a chance to claim compensation for a workplace accident. If you decide to initiate the compensation process, there are a few things you can do to support your claim:

• Gather photographic evidence: It’s not always possible, but clear photos from the accident scene are genuinely helpful,
• Collect any witness statements: They will also assist your lawyer in building your claim,
• Record details of your injury: Maintaining a regular journal will corroborate medical evidence, document symptoms, and indicate the pace of your recovery,
• Document any financial losses: This includes all financial expenses you incurred as a result of the accident (e.g., loss of earnings, cost of medication, travel expenses to medical facilities).

When the lawyer gathers all necessary information and evidence, they will submit the compensation claim form to your employer’s insurance company. Your lawyer will also arrange a medical examination, during which an independent specialist will assess your injuries. The medical examination report will be a crucial part of your evidence. If your employer accepts responsibility for your workplace accident, the lawyer will then negotiate the settlement amount with their insurance company. If an agreement cannot be reached through negotiations or if the employer does not admit responsibility for your workplace accident, the lawyer then initiates legal proceedings. Negotiations will continue, often resulting in an agreement. Claims for workplace accidents rarely reach the stage where a court trial is necessary.

Firstly, you must prove that the accident resulting in injuries (health condition) was partially or entirely not your fault. Secondly, the evidence must indicate that the accident was caused by negligence or inaction on the part of your employer. Your lawyer will base the workplace accident claim on the following evidence:

• The workplace accident was officially registered in the company’s accident book,
• Records of treatment received after the accident (all medical records),
• An independent medical assessment of your injuries (medical examination),
• Photos from the accident scene,
• Witness statements,
• Record of any/all financial losses.

I had a workplace accident, what are my rights?

All employers have a clear legal obligation to ensure your safety and that of your colleagues in the workplace. This includes providing a well-maintained work environment, comprehensive training, and appropriate protective equipment. Any employer who fails to comply with health and safety regulations, according to the Health and Safety at Work Act 1974, exposes you to direct risk. This is called a duty of care. If your employer fails in this duty and you experience a workplace accident – or fall ill as a result – you have the right to seek full compensation for the workplace accident. According to the law, this should not jeopardize the relationship between employer and employee. If your employer attempts to terminate your employment for filing or considering a compensation claim, you may have a case for unfair dismissal.

Can I be fired after a workplace accident?

In reality, we understand that you may be afraid to file a claim against your employer and seek compensation for a workplace accident. This is a serious concern, but we are here to help! You cannot be terminated, singled out, or penalized for filing a claim against your employer for a workplace accident. Employers have a legal obligation to ensure a safe working environment as well as proper training and protection. If the employer breaches this obligation, and as a result, you experience a workplace accident, the law is clear and entirely on your side. You have the right to seek compensation! Our company has years of experience in assisting people injured in accidents. We will provide you with free, impartial, and confidential advice needed to assess the claim for injuries resulting from a workplace accident.

What amount of compensation for a workplace accident can I claim?

The amount of compensation for a workplace accident depends on the injury or illness, its severity, and how it has impacted your life. When you file a claim with us, your lawyer will consider all circumstances and evidence. It is important to us that you receive appropriate compensation. This is not just about your pain and physical suffering. There are several other areas that a lawyer covers in the compensation process:

• Any time off work due to the accident and lost earnings,
• Any future lost earnings,
• Any changes to your ability to work,
• Psychological injury,
• Care and support you needed after the accident, even if this help was provided for free by family or friends,
• Any changes you may need at home or in your car,
• Paid medical treatments, travel and accommodation costs, costs of purchasing medications.

It should be noted that all cases are assessed individually, and awarded amounts may vary due to different circumstances. There is a special calculator based on which compensation amounts are estimated, depending on the injury suffered, as well as how severe the injury was and how it will impact the injured person’s life.

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

The Health and Safety Executive aims to prevent fatal accidents and injuries in the workplace. It does so by providing advice, granting licenses for business operations in hazardous environments, conducting inspections, investigating incidents, and enforcing regulations. Employers are legally obligated to report all injuries and diseases that occur in the workplace to the Health and Safety Executive (HSE) in accordance with the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations (RIDDOR). These are regulations concerning the reporting of injuries, diseases, and dangerous occurrences. Companies may face significant fines if they fail to do so. HSE does not investigate all reports but focuses on those it considers serious. These include:

• Fatalities: accidents and all other deaths resulting from work-related causes that could have been avoided,
• Serious injuries: including multiple fractures, blindness, crushing, head injuries, burns, and amputation,
• Occupational diseases: asthma, cancer, exposure to toxic substances,
• Any incident indicating a potentially serious breach of health and safety regulations.

Remember that if the Health and Safety Executive (HSE) is investigating your accident, you do not have to wait for its conclusion. You can file a compensation claim earlier, before the investigation is completed. Call us today; we are here to help!

Compensation for a workplace accident – what is the deadline for filing a claim?

Workplace accidents can result in serious injuries. This happens when the workforce has not been properly trained, or when such training has not been received, and the working environment is hazardous with a high potential for accidents. You have three years from the date of the accident or the date of diagnosis to file a compensation claim for a workplace accident.

When can I return to work after an accident?

When you can return to work largely depends on you and your recovery. If you feel well enough and are able to return to work, you can certainly do so. It may be awkward, and even discouraging, if you are pursuing a claim against your employer, but it’s important to know that the law is on your side. Your employer cannot treat you differently upon your return to work, and they do not have the right to terminate you because you are seeking compensation for an accident caused by their negligence.

What are the reasons for rejecting my claim?

There are several reasons why your workplace accident claim may have been rejected. These include:

• Insufficient evidence: If there is not enough evidence to prove what happened to you, or if statements are not entirely accurate,
• Exceeding the time limit: The final deadline for pursuing most claims is three years from the date of the accident,
• Denial of liability: If the employer does not take responsibility for your accident,
• Before proceeding with a case, our lawyers gather as much information and evidence as possible. We work hard to ensure that we have explored all avenues, and your workplace accident compensation case proceeds smoothly and without complications.