If you’re asking the question ‘Can I sue my employer after an accident at work?’ this guide can help. Taking legal action against your boss after injury can feel daunting. To support you, this guide details all the important aspects of the personal injury claim process for those seeking compensation.
Key Takeaways
- You could have an eligible claim against an employer after an accident at work if you can show they failed to uphold their legal duty of care to your safety.
- Compensation can be awarded that covers the physical pain and suffering, as well as the psychological harm and associated financial losses created by the injury.
- Evidence is needed to support a claim and a three-year time limit applies in which to start your case.
- Our solicitors can offer eligible claimants a type of No Win No Fee agreement to fund their services immediately.
- Working this way means you can access excellent legal representation without the concern of upfront legal costs holding you back.
Please read on to answer the question ‘Can I sue my employer?’ Or, you can connect with our dedicated advisors for free, impartial help and information right now:
- Call on 0800 073 8801
- Use our live discussion window below.
- Contact us online.
Frequently Asked Questions
- Can I Sue My Employer For Injuries Caused By An Accident At Work?
- The Most Common Incidents Involved In Workplace Claims
- What Compensation Amount Could I Be Entitled To?
- Can I Claim For Anything Other Than Physical Harm?
- How Can I Prove That My Employer Was Liable For My Injury?
- How Long Do I Have To Make A Workplace Injury Claim?
- Can I Sue My Employer With A No Win No Fee Agreement?
- Learn More
Can I Sue My Employer For Injuries Caused By An Accident At Work?
At the outset of an accident at work claim, you need to satisfy three criteria that are used to define employer negligence. All three must apply to have a valid personal injury claim:
- A duty of care was in force at the moment of injury.
- Those concerned, in this case, your employer, failed to meet this duty.
- As a consequence, you suffered an injury, either physical, mental or both.
Duty of care is a term used to describe the obligation that certain parties have to protect your well-being. In the workplace, the Health and Safety at Work etc Act 1974 (HASAWA) outlines how employers must take reasonable and proportionate steps to ensure employee health, safety and welfare while they work.
There are numerous ways an employer can meet their health and safety obligations, and in the sections below we look at some common examples of injury when they fail.
If you’d prefer to discuss your potential claim in person, please connect with our advisory team by phone, email or through the live chat function at the bottom corner of this screen. They can answer any questions you may have and could direct you to our solicitors to possibly take up your claim.
Claiming On Behalf Of Somebody Else
‘Can I sue my employer?’ is a question that differs for minors and those lacking mental capacity. This is because minors cannot start claim themselves until they turn 18. Furthermore, those lacking mental capacity cannot initiate legal action independently unless sufficient mental capacity returns.
Therefore, a claim can be made for someone else if the courts appoint a litigation friend. In this capacity, another person, usually a family member, carries out the duties of the personal injury claim for them and then disburses any compensation in compliance with the protections laid out by the courts.
If you think you need to start a claim for a loved one, speak to our advisors for free, impartial guidance on this or anything raised so far.
What Can I Do If A Loved One Was Involved In A Fatal Accident?
If your loved one suffered a fatality after an accident at work, and the accident meets the eligibility criteria we looked at above, you could be eligible to claim compensation based on the impact their death has had on you.
The Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) allows the estate of the deceased to submit a claim on the deceased’s behalf for the pain and suffering they suffered prior to death. Alongside this, the Fatal Accidents Act 1976 (FAA) creates a pathway for certain qualifying relatives to claim compensation for the impact the death has had on them.
Importantly, in the first six months following the death, only the estate is entitled to submit a claim. The estate can also make the fatal accident claim on behalf of the dependants. To learn more about the steps you can take to sue a negligent employer on behalf of a loved one, talk to the team about fatal accident solicitors.
The Most Common Incidents Involved In Workplace Claims
In this section, we look at some common incidents that can form the basis of a workplace accident claim and give an illustrative example:
Slips, Trips And Falls
Reducing and removing potential risks to employees includes preventing simple slips, trips and falls. Whether it’s wet floors or icy areas, or the incorrect disposal of debris from walkways, avoiding obvious hazards like these is an important action:
Example – The corridor in an office was not marked with hazard signs during cleaning. As a result, an employee slipped on the stairs, fell and sustained serious multiple injuries.
Falling From A Height
Properly planning and executing work at height is very important given the near-certain likelihood of serious injury from a fall. Therefore, employers need to ensure that any task carried out at a height is done with the correct equipment and by trained, responsible personnel.
Example – A repair to a warehouse roof was carried out in the winter and management did not anticipate how long the task would take and how dark it would become. Because of the lack of sufficient lighting on the scaffold, a worker fell and sustained life-altering spinal and head injuries after working on the roof.
Manual Handling Injuries
The Manual Handling Operations Regulations 1992 details the correct ways for employees to work with heavy or large items. Employers are responsible for the routine assessment of the weight and suitability of materials they wish their staff to work with. And for training them in correct lifting practices.
Example – An employer did not risk assess the weight of boxes, or train staff in correct manual handling techniques and instructed a lone worker to move heavy boxes. As a consequence. the worker suffered a severe prolapsed or ‘slipped’ disc in their back trying their best to complete the task.
Machinery/Equipment Accidents
Correct maintenance of workplace tools or equipment is a fundamental obligation. Without routine risk assessments of the premises, machinery and tools given to them to work with, employees are needlessly exposed to potential injury.
Example – The power tools in a mechanics garage were not safety checked regularly. As a result, a worker lost a finger in a traumatic amputation trying to work with defective machinery. This greatly impacted his earnings and ability to seek future work in that industry.
Workplace Violence
Employers need to anticipate and manage risks of violence to employees in high-risk industries such as lone or late-night workers. They can ensure emergency procedures are in place to support staff and avoid hazards from under-staffing at work.
Example – The emergency button in a petrol station was broken and left unrepaired. Management was aware of this, yet allowed staff to work alone at night. As a result, a worker was assaulted and unable to raise the alarm, suffering psychological distress alongside physical harm.
When asking ‘Can I sue my employer?’ it’s always important to remember that every case will differ. To get a definitive idea of whether your claim qualifies for the help of our solicitors, call the team now.
What Compensation Amount Could I Be Entitled To?
You may be entitled to compensation that is compromised of two categories of loss called general and special damages. The physical pain and suffering, along with any psychological harm is dealt with under general damages.
Those involved in the calculation process might use medical records to compare alongside publications like the Judicial College Guidelines (JCG). Here, guideline compensation brackets are applied to a variety of injuries based on their severity. They are purely guide figures as every claim varies from case to case. The excerpt below uses some of these entries (except the first one):
Compensation Guidelines
| INJURY | SEVERITY | GUIDELINE BRACKETS | NOTES |
|---|---|---|---|
| Several types of serious harm and special damages | Severe | Up to £1million plus | More than 1 severe injury plus special damages for care costs, medical expenses and loss of earnings. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 | A permanent and life-altering disability that leaves the person completely reliant on others. |
| (c) Moderate (iii) | £52,550 up to £110,720 | Impact on memory, concentration and senses with some vestibular symptoms | |
| Back | (a) Severe (i) | £111,150 up to £196,450 | The most severe types of spinal cord and nerve root damage causing severe pain and disability. |
| (b) Moderate (ii) | £15,260 up to £33,880 | Disturbed ligaments and muscles that cause back ache as well as soft tissue injuries that speed up pre-existing conditions by 2 - 5 years. | |
| Hand | (c) Total or effective loss of one hand | £117,360 up to £133,810 | Crush injuries which give rise to partial amputation, either traumatic or surgical. |
| Knee | (a) Severe (ii) | £63,610 up to £85,100 | Bone fractures that impact the knee joint also causing constant pain. |
| Psychiatric Damage | (b) Moderately Severe | £23,270 up to £66,920 | Significant problems in most areas of life but a more positive future outlook indicated. |
| Arm | (c) Less Severe | £23,430 up to £47,810 | Despite initially significant disability, a good recovery level takes place or is anticipated. |
| Neck | (b) Moderate (i) | £30,500 up to £46,970 | Dislocations and fractures that might require spinal fusion surgery. |
Can I Claim For Anything Other Than Physical Harm?
In addition to general damages, you might qualify to claim back your associated financial losses and expenses. Under special damages, you have the opportunity to present documented proof of these losses such as:
- Payslips that show how you couldn’t work and suffered a drop or loss in income after the accident.
- Proof of private medical expenses or rehabilitation costs.
- Receipts for sums paid to anyone who helped you cook, clean and shop after the injury.
- Invoices or estimates for adaptations needed in your home or to your car.
- Any extra childcare costs.
- Tickets and receipts for essential travel.
Our solicitors can use the available evidence to also calculate any predicted financial loss or expense. Thereby providing a much more thorough and detailed picture of the compensation owed to you. Why not call and see how they could calculate general and special damages for your physical, psychological and financial harm?
How Can I Prove That My Employer Was Liable For My Injury?
You will need to collect supporting evidence to prove your claim. With this in mind, we detail below examples of steps you can take to prove an employer breached their duty of care and this was the root cause of your injuries. The following is useful:
- Copies of your medical records about the injury.
- Workplace CCTV footage of the incident.
- A copy of the entry made in the workplace accident book (a legal requirement for businesses of 10 or more employees).
- The contact details of those who witnessed the accident. If you appoint a solicitor, they will obtain supporting statements from these individuals without holding up the claim.
- Photographs of visible harm and the area where the accident occurred.
- You can also take pictures of anything that is missing, such as a warning or health and safety sign.
In the hands of our skilled personal injury solicitors, evidence like this can boost the ultimate compensation amount. Connect with our advisors with any questions about gathering evidence and they will be happy to help.
How Long Do I Have To Make A Workplace Injury Claim?
The Limitation Act 1980 typically applies a three-year time limit in which personal injury claims should be started. As stated, there are the exemptions we looked at above regarding the time limit pause for minors and freeze for those lacking mental capacity. Our team of advisors are on hand to discuss time limits in greater detail if you aren’t sure. Simply call, email, or ask the live discussion box below a question for an immediate response.
Can I Sue My Employer With A No Win No Fee Agreement?
When asking ‘Can I sue my employer?’ it might help to know you don’t have to face the prospect alone. If your claim is eligible, and you want to go ahead, our solicitors could handle the entire process alongside you and make it all much less stressful.
Our solicitors offer excellent legal representation in a way that doesn’t add to your costs right now. By offering a type of No Win No Fee contract called a Conditional Fee Agreement (CFA) you can take advantage of the following:
- No upfront solicitor’s fees
- No fees for work carried out going forward.
- No fees are owed at all for finished work if the claim fails.
- Under these terms, a nominal percentage needs to be paid to your solicitor from the compensation awarded to you if the claim wins.
- This ‘success fee’ is agreed upon in advance and the percentage is also subject to a legal restriction. Thereby guaranteeing that you receive almost all of the compensation.
Contact Us
Rather than wonder ‘Can I sue my employer?’ get detailed and precise guidance on your compensation claim options today:
- Call on 0800 073 8801
- Use our live discussion window below.
- Contact us online.
Learn More
As well as the guidance on the question ‘Can I sue my employer?’ these other resources offer more reading:
- Here is guidance on making a personal injury claim.
- In addition to this, more on manual handling claims is here.
- Also, read about help with a legal claim if a colleague injured you at work.
External help:
- Read here if you have concerns about unfair or constructive dismissal.
- Also, GOV.UK guidance on seeking Statutory Sick Pay (SSP).
- In conclusion, information about workplace safety from the Health and Safety Executive (HSE).
Lastly, we value your interest in our guide and hope it has helped answer the question ‘Can I sue my employer after a workplace injury?’ If you’d like further information on how a personal injury lawyer could help you build a successful claim, please connect with advisors through the options above.
