Accident At Work Compensation Claims Solicitors

Accident at work reporting

Your employer has to report or record accidents and injuries at work depending on the severity of the injury.

For example, if an injury at work results in an absence of 4-7 days or the worker is unable to carry out their normal duties for more than 3 consecutive days, that incident must be recorded in the accident book.

If the worker is incapacitated for more than 7 consecutive days, or unable to do their normal duties, this type of incident must be reported under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations).

Not all accidents need to be reported however. A RIDDOR report is only required when the accident is work-related, and results in a reportable injury.

Accident at work sick pay

Your employer does not have to pay you the full salary if you’re off work due to illness or injury – even if it was caused by your working conditions or an accident in the workplace that was the fault of the employer.

Usually the terms in your employment contract will only allow for Statutory Sick Pay (SSP), although a small minority of companies have more generous sickness payment schemes than the minimum obligations.

This means that having to take time off work to recover from an injury or illness, can have a big impact on your financial situation – this is sometimes one of the reasons people come to us to claim compensation as we can help recover lost earnings too.

To qualify for SSP you need to be classed as an employee (including agency and people on fixed-term contracts) and:

• Have been off work for at least 4 consecutive days
• Have a regular income above £123 per week
• Have reported the illness or injury to your employer

The rules around SSP are due to change so that you will be able to claim from the first day of sickness. There is currently no defined timeframe on when the changes will take effect.

Because Statutory Sick Pay is only £116.75 per week (as from the 6th April 2024) and is payable for a maximum of 28 weeks, it represents a big drop in income for most people.

When making a claim with us, we will help you claim your loss of earnings and wherever possible we will arrange interim payments, to help you pay your bills, during the claim process.

How much can I claim for accident at work

Compensation claim amounts for accidents at work vary greatly depending on the severity of the injury or illness and the other losses you’ve incurred as a result.

For common workplace injuries such as a minor hand injury, you could be entitled to up to £5,800 pounds ranging to £133,810 for very severe hand injuries.

Mild back injury compensation could be anything up to £15,260 going up to nearly £200,000 for severe cases.

This compensation is categorised into bands by the Judicial College Guidelines and is for the pain, suffering, and loss of amenity (known as General Damages). It doesn’t take into account any other costs, expenses, or losses you incur as a result of the accident (known as Special Damages).

We will always negotiate for the highest possible settlement for you, taking into account all the pain and suffering, as well as any costs, and future needs. For example, in a serious injury where home adaptations or prosthetics might be required, the total of the Special Damages can run into the millions of pounds.

Typical compensation amounts for accidents at work are set out below.

• Head Injury – £2,690 – £493,000 depending on the severity
• Eye Injury – £2,690 – £327,940 depending on the severity
• Back Injury – Up to £15,260 for mild injuries and up to £196,450 for severe injuries
• Shoulder Injury – Up to £9,630 for mild injuries and up to £58,610 for severe injuries
• Wrist Injury – £4,310 to £73,050 depending on the severity
• Hand Injury – Up to £5,800 for mild injuries and up to £133,810 for severe injuries

How long does an accident at work claim take

Accident at work claims can take around 12 months for simple cases where the employer admits fault, up to a couple of years for more complicated cases. Very rarely, a case that goes to court could take longer. We apply for interim payments to support you during this process wherever possible.

If the injury is relatively minor and the employer is clearly at fault and their legal team respond quickly to our negotiations, we can often settle claims within 12 months.

When a case is more complex, with more serious injuries, and there may be an investigation by the Health and Safety Executive, these can take over 12 months or more. Particularly because we need to fully assess and understand the extent of the injuries and the impact on your future.

If the employer disputes the claim and the case might even go to court on very rare occasions, then these cases can take much longer. This is why we work on securing interim payments for you where possible.

Our specialist solicitors will let you know more about what’s likely to happen with your specific claim during your initial conversations with us.

What are the most common types of accidents at work

The most common type of accident in the workplace is a slip, trip, or fall, according to data from the Health and Safety Executive (HSE). There are many different types of accidents at work, the top 5 most common are:

• Slips, trips or falls on same level
• Handling, lifting or carrying
• Struck by a moving object
• Acts of violence
• Falls from a height

What are your rights if you have an accident at work

There are certain laws and regulations that all employers have to follow including the Health and Safety at Work Act 1974 and the Six Pack Regulations 1992.

For more dangerous workplaces such as building and construction sites there are additional guidelines and safeguards in place, for example, the Construction (Design and Management)Regulations 2015.

Employers are required by law to provide a safe working environment for staff and this duty of care extends to having safe and properly maintained equipment, relevant training, and any necessary protective clothing.

If any of these requirements have not been met by your employer, there’s a good chance you could claim compensation for any accident or illness sustained as a result.

There are a number of key rights to remember if you’ve had a workplace accident. You have the right to:

• Record details of the accident and injuries in the accident book
• Be given first aid or medical assistance
• Statutory Sick Pay, (SSP) and/or contractual sick pay
• Report any concerns you have over safety issues
• Speak to a solicitor about making a claim for compensation
• Join a trade union for advice and support
• Request any reasonable adjustments that would ease your return to work.

Occupational diseases at work

Accident at work compensation is not limited to events caused by specific one-off circumstances that result in an injury, such as a slip or trip, or a crush injury. If you’ve developed an illness or long term symptoms because of prolonged exposure to certain conditions, you also may be able to claim compensation.

In these types of cases, people don’t always realise until many years later that their condition was caused by their work environment. While the usual timeframe to make a claim is three years from the accident date, with industrial diseases, the time limit is when you first knew the illness or symptoms were caused by your work conditions.

Some of the most common industrial diseases include:

• Carpal tunnel syndrome (usually caused by regular use of hand-held power tools, such as jackhammers, or vibrating power tools such as sanders, grinders or chainsaws)
• Cramp of the hand or forearm (from prolonged periods of repetitive movement of the fingers, hand or arm)
• Occupational dermatitis (caused by frequent or significant exposure to a skin irritant)
• Hand-arm vibration syndrome (a result of using percussive power tools, or holding materials which vibrate while being processed by powered machinery)
• Occupational asthma (caused by frequent or significant exposure to a known respiratory sensitiser)
• Tendonitis or tenosynovitis of the hand or forearm (from physically demanding and repetitive movements)

If you think you have any of these conditions, contact our legal team today to find out whether you may have a claim for industrial disease compensation.

FAQs

Should I get full pay if am injured at work?

There’s no legal requirement for an employer to pay you in full if you’re off work due to an injury or illness caused by your workplace, even if it was the fault of your employer. You are entitled to Statutory Sick Pay (SSP) based on fulfilling certain requirements.

What is the first step to take after an accident at work?

The first thing to do after an accident at work is make sure your employer is aware of the situation, and get medical help for any injuries.

Will I lose my job if I claim injury at work?

Your employer should not fire you for making an accident at work claim under the Employment Rights Act 1996. If they did, you could also make a claim for unfair dismissal.

Useful resources for accident at work claimants

• Statutory Sick Pay
• Employers Health and Safety Responsibilities
• Health and Safety Executive – What must be reported after an accident
• Association of Personal Injury Lawyers

Contact our accident at work solicitors in Plymouth

If you have experienced an injury at work, our solicitors will be happy to hold a free initial conversation about how we can help. Contact our specialist injury at work solicitors today by calling 01752 648870 or filling in our enquiry form on the right-hand side of the page.