This guide will provide details about suing your employer for an injury on the job. You may have suffered an injury from an incident caused by employer negligence. If you’re able to prove this, you may be able to make a personal injury claim to seek compensation.
Throughout the guide, we will aim to help you understand how you can prove whether your employer was negligent.
However, you may prefer to contact us if you have further queries. Our advisors are available at any time that suits you, as they can be contacted 24/7.
Furthermore, they could connect you to a personal injury solicitor from our panel to work on your case on a No Win No Fee basis.
To get in touch with us, you can:
- Call us on 0800 073 8801
- Contact us through our website
- Speak with an advisor using the live chat feature below
Alternatively, continue reading to learn more about suing your employer for negligence.
Select A Section
- Suing Your Employer For An Injury On The Job – What You Need To Know
- What Duty Of Care Do Employers Have?
- What Could Cause An Injury On The Job?
- How Many People Suffer Injuries At Work?
- How Much Could I Sue My Employer For?
- Get Help Suing Your Employer For An Injury On The Job
Suing Your Employer For An Injury On The Job – What You Need To Know
The process of suing your employer for an injury on the job may seem complex, but there is one key factor you need to understand: to claim compensation for a personal injury, you need to prove that your injury was caused by negligence. An accident at work can occur for many reasons, only some of which you may be able to claim compensation for.
Certain third parties, such as employers, have a duty of care to ensure that they take reasonable steps to ensure the work environment, equipment and facilities can be used safely and securely without causing injury. Therefore, if you injured yourself at work because they didn’t adhere to this duty, you may be able to receive compensation.
This guide will provide examples of an accident on the job you may be able to claim for and provide examples of the amount of compensation you could receive.
To learn more about suing your employer, please contact our team completely free of charge at a time that suits you using the details above.
What Duty Of Care Do Employers Have?
To receive compensation, you need to show that your employer breached their duty of care and it was this breach that caused your injury. The Health and Safety at Work etc. Act 1974 details an employer’s duty of care. It outlines the general health and safety standards expected from your employer and their responsibilities when ensuring the safety of its employees.
However, the duty each employer has may vary depending on the specific industry you work in. Furthermore, other legislation may apply to certain industries. For example:
- Personal Protective Equipment at Work Regulations 1992: This act provides details on the responsibilities an employer has to provide necessary personal protective equipment. For instance, goggles, hard hats or gloves.
- The Provision and Use of Work Equipment Regulations 1998 (PUWER): This act sets out an employer’s responsibility to ensure suitable work equipment is provided and regularly maintained so it’s safe for use.
The Health and Safety (Miscellaneous Amendments) Regulations 2002 amended different sections of these pieces of legislation.
If you’re thinking about suing your employer for injury on the job, it’s important that you prove your employer breached the duty of care they owe you as outlined in certain pieces of legislation.
How Do You Prove Negligence By Your Employer?
As mentioned, you could sue your employer for an injury at work, provided you have relevant evidence that supports your case. Examples of evidence you could obtain might include:
- Witness contact details
- CCTV footage
- Photographs of the accident scene and your injury
Additionally, medical evidence such as doctor reports could help to show the severity of your injuries and the impact they may have had on your quality of life. Medical reports can also highlight whether any permanent side effects have been caused.
As part of the claims process, you may be invited to attend a medical appointment that’s completed independently. This can produce a report on the current state of your injuries.
Evidence is vital when suing your employer for an injury on the job because it can provide validity to your claim by showing a causal link between the employer’s actions and your injury.
Contact our advisors if you have any questions or queries about whether you’re able to make a successful claim for an injury on the job. They’re available 24/7 and can even provide you with a compensation estimate. Contact them using the details above.
What Could Cause An Injury On The Job?
There are various ways you could sustain an injury on the job, including where your employer has been in breach of health and safety regulations. Examples of incidents where your employer’s negligence could cause harm might include:
- You may have suffered a severe eye injury due to your employer failing to provide safety goggles where it was necessary for them to do so.
- An employer may have asked you to carry an excessive weight leading to you developing a musculoskeletal injury in a manual handling accident.
- You may have experienced a slip, trip or fall on a wet floor where no warning signs were present. As a result, you may have sustained a broken wrist.
- You may have fallen from a height after leaning on a faulty railing. This could lead to you sustaining damage to your spinal cord.
If you have experienced a similar incident and would like more information on the accident at work procedure when suing your employer for an injury on the job, call our team.
How Many People Suffer Injuries At Work?
Employers must report certain injuries and incidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). These reports are made to the Health and Safety Executive (HSE) who collates these reports into statistics on work-related injuries.
Their latest statistics from 2020/21 show that there were:
- 1.7 million workers who suffered from work-related ill-health, both new or long-standing.
- 0.4 million workers who sustained a non-fatal injury
- 0.8 million workers suffering from work-related depression, stress or anxiety, both new and long-standing
Workplace Injury Statistics
The above graph shows a select number of non-fatal work injuries divided by accident type. This data gathered by the HSE shows that the most common cause of reported non-fatal injuries was slips, trips, or falls on the same level.
Furthermore, 9,314 people were injured while handling, carrying or lifting an object, while 5,117 people were reported to have been injured after being struck by a moving object. The data doesn’t clarify how many of these injuries have led to a personal injury claim.
Successfully suing your employer for an injury on the job revolves around proving that your injury was caused by negligence. For more information about whether you can claim, please contact our advisors for legal advice that is completely free using the above details.
How Much Could I Sue My Employer For?
The compensation you could receive for suing your employer for an injury on the job may include general and special damages. The pain and suffering caused by the injury can be compensated for through general damages.
The Judicial College produced guideline compensation brackets for several injuries at differing severities. These are often used to help when valuing your claim alongside medical evidence.
You can see figures from the Judicial College Guidelines (JCG) below. However, please remember every claim is unique. There can be many factors that dictate the level of your potential compensation. For that reason, you should only use the figures as a guide.
Type of injury | Severity | Amount of Compensation | Description |
---|---|---|---|
General Psychiatric Damage | Severe (a) | £51,460 to £108,620 | The injured person will have marked problems regarding their ability to cope with life, education and work. This will also greatly affect their relationships with family and friends and could cause future vulnerability. The extent of these factors will be considered when valuing claims. |
Neck | Severe (a) (ii) | £61,710 to £122,860 | Injuries might include serious fractures or cervical disc damage that causes disabilities that are of a considerably severe nature, such as losing function to one or more limbs or permanent brachial plexus damage. |
Back | Minor (c) (iii) | Up to £2,300 | In this bracket, injuries might include less serious sprains, fractures, and strains. The person will recover fully within three months. |
Shoulder | Serious (b) | £11,980 to £18,020 | Lower brachial plexus damage and shoulder dislocation that causes shoulder and neck pain as well as other symptoms. |
Injuries to the Pelvis and Hip | Moderate (b) (i) | £24,950 to £36,770 | Significant hip or pelvis injury that does not result in a major permanent disability. As such, there isn’t great risk of future injury. |
Injuries to the Pelvis and Hip | Lesser (c) (ii) | Up to £3,710 | Soft tissue injuries that are minor that result in a complete recovery. |
Leg | Severe (b) (ii) | £51,460 to £85,600 | Very serious injuries that cause permanent mobility problems, with the need for mobility aids or crutches for the remaining period of the injured person’s life. |
Brain Damage | Moderately Severe (b) | £205,580 to £264,650 | This injury will cause a very serious disability, leading to the injured person being substantially dependent on others with a need for constant professional care. |
Knee | Severe (a) (iii) | £24,580 to £40,770 | Less severe knee injuries than in higher categories. However, these can still cause continuous pain and movement limitation or instability. |
Ankle | Moderate (c) | £12,900 to £24,950 | Ligamentous tears and fractures that cause difficulty standing or walking for long time periods. |
Special damages relate to the financial losses suffered because of your injury. You would need financial evidence, such as receipts and invoices, to prove the value of the losses. Examples of the additional costs you could claim under special damages might include:
- Adjustments to your home
- Loss of earnings
- Loss of future earnings
- Travel costs
- Prescription costs
- Private healthcare costs for services unavailable on the NHS
Get Help Suing Your Employer For An Injury On The Job
You may find it more financially beneficial to hire legal representation using a No Win No Fee agreement. If you do claim using this method, there are no upfront fees and you wouldn’t have to pay ongoing costs during the course of your claim.
You will have to pay your solicitor a success fee should your claim succeed. They will take a small compensation amount that is legally capped. However, it won’t be required for you to pay this fee if your claim loses.
Our advisors are available 24/7, so if you have any queries about suing your employer for an injury on the job, please contact us at a time that works for you. They can tell you if you’re eligible and even provide you with a free valuation of your claim.
Additionally, they could connect you with a specialised No Win No Fee personal injury solicitor from our panel.
To get in touch, you can:
- Call us on 0800 073 8801
- Contact us using our website
- Speak with an advisor using the live chat feature below
Workplace Health And Safety Resources
Below, we have provided some additional links that you may find useful:
- The HSE provides guidance about risk assessments in the workplace.
- Would you like more information about musculoskeletal disorders? If so, read this medical guidance provided by the NHS.
- If you’ve suffered a fracture, the NHS can provide you with more guidance about treating it.
- This article on our website describes the different types of work injuries you could claim for.
- Read this to learn more about claiming for a minor injury at work.
- Could you claim compensation for an accident at work when you’re not an employee? Read this article for more information.
If you still have questions about suing your employer for an injury on the job, please contact our team completely for free at a time that suits you using the above details.