ACCIDENT AT WORK CLAIMS
If you've been hurt at work, you're probably dealing with more than the injury itself. There's time off, lost wages, and often a real worry about what claiming will mean for your job. Your employer has a legal duty to keep you safe. If they fell short and you were injured as a result, you may be entitled to compensation.
Injuries Direct is a trading style of NJS Law, an SRA-regulated firm with a dedicated employer's liability team. We explain your options in plain English, with no confusion and no pressure.
THE SHORT ANSWER IS
You can usually claim compensation for an accident at work if your employer failed to take reasonable care for your safety and you were injured as a result. You normally have three years from the date of the accident to start a claim. The claim is paid by your employer's compulsory insurance, not by your employer personally.
WHAT IS AN ACCIDENT AT WORK CLAIM?
An accident at work claim is a claim for compensation when you are injured at work because your employer failed to take reasonable care for your safety. It is also called an employer's liability claim.
Every employer in England and Wales owes its workers a duty of care. That duty is backed up by health and safety law, including the Health and Safety at Work etc. Act 1974 and regulations covering equipment, manual handling, working at height and protective equipment. Under the Employers' Liability (Compulsory Insurance) Act 1969, most employers must also hold insurance that covers exactly this situation.
Compensation is usually made up of two parts:
General damages: for the pain, suffering and loss of amenity caused by your injury.
Special damages: for the financial losses and costs you've incurred, such as lost earnings, travel to appointments, medication, care from family members and treatment costs.
CAN I CLAIM AGAINST MY EMPLOYER?
You may be able to claim if all of the following apply:
You were injured at work, or while carrying out work duties, within the last three years.
Your employer, or someone they are responsible for, failed to take reasonable care for your safety.
That failure caused or contributed to your injury.
Many people assume they can't claim because they were partly to blame. That isn't necessarily the case. If you were partly at fault, you may still be able to claim, although your compensation may be reduced to reflect your share of responsibility. This is known as contributory negligence.
If you're not sure whether your situation qualifies, our team can give you a free, honest assessment.
WILL I LOSE MY JOB IF I CLAIM?
Worry about your job is one of the most common reasons injured workers don't claim. It's an understandable concern, and it deserves a straight answer.
Employment law protects workers who raise genuine health and safety concerns, and dismissing or disadvantaging someone for bringing a legitimate claim is likely to be unlawful. [VERIFY: employment law sign-off on this wording.] In practice, the claim is dealt with by your employer's insurer, not by your manager or colleagues. Employers are required by law to hold this insurance precisely because workplace accidents happen.
If you are treated unfairly because you claimed, tell us straight away.
WHAT SHOULD I DO AFTER AN ACCIDENT AT WORK
1
Get medical attention. Your health comes first, and medical records also document your injury.
2
Report the accident and make sure it's in the accident book. Employers with ten or more employees must keep an accident book.
3
Take photos of the scene, the hazard and your injuries if you can.
4
Get the names and contact details of anyone who saw what happened.
5
Keep a record of your time off, lost earnings and any expenses.
6
Speak to a specialist before signing anything or giving a statement to an insurer.