Could You Claim For An Accident At Work Caused By A Change Of Duties?

If you have been injured in an accident at work caused by a change of duties, you may be eligible to make a personal injury claim, provided you meet the relevant criteria. Firstly, we outline the criteria requirements as well as looking at how long you have to claim compensation for a personal injury claim. 

accident at work caused by a change of duties

Could You Claim For An Accident At Work Caused By A Change Of Duties?

Additionally, we look into the different types of accidents and injuries that could potentially be sustained at work and how these could impact your quality of life. 

Moreover, we highlight how compensation may be calculated and what you could receive as part of your settlement after making a successful claim. 

This guide will also discuss the steps you could take as part of the personal injury claims process, including gathering evidence to support your case and seeking legal advice.

Furthermore, to conclude our guide, we explain what it means for an accident claims solicitor to work your case on a No Win No Fee basis and the benefits of seeking legal representation in this way.

For more information about whether you could claim for an injury sustained in the workplace, please keep reading our guide. Alternatively, if you would prefer, you can discuss the accident at work claim process in further detail with one of our advisors. Please select a method below to get in touch: 

  • Call us on 0800 073 8801
  • Complete the form on our page to contact us
  • Use our live feature to talk with a team member.

Select A Section

  1. Could You Claim For An Accident At Work Caused By A Change Of Duties?
  2. What Injuries Could An Accident At Work Due To A Change Of Duties Cause?
  3. What Evidence Could Support A Workplace Accident Claim?
  4. Estimating Payouts For Accidents At Work Due To Changes In Your Duties
  5. How A No Win No Fee Personal Injury Solicitor Could Help You
  6. Learn More About Claiming For An Accident At Work Caused By A Change In Duties

Could You Claim For An Accident At Work Caused By A Change In Duties?

To begin, under the Health and Safety at Work etc. Act 1974, your employer is required to take reasonably practicable steps to ensure your health, safety and welfare in the workplace. If they fail to do so, it could cause you to become injured either physically or emotionally.

In order to make a personal injury claim for a workplace accident, you should illustrate the following criteria: 

  • Your employer owed you a duty of care at the time and location of the accident.
  • There was a breach of this duty.
  • This breach has caused you to suffer injuries. 

Each of these form the basis of negligence, for which you could be eligible to seek compensation. 

Limitation Periods On Claiming For An Accident At Work Caused By A Change In Duties

The Limitation Act 1980 highlights the time period in place for starting an accident at work claim. You will generally be given three years from the accident date.

However, if the person who sustained an injury was a child at the time of the accident or the person has a reduced mental capacity to put forward their own claim, the time limit pauses. 

To learn more about time limits and the exceptions that may apply, please speak to our team. 

What Injuries Could An Accident At Work Due To A Change In Duties Cause?

There are numerous accidents and injuries which could occur in the workplace. A change of duties could mean that you are asked to perform a job which you do not usually do. As such, you may not have the relevant training to do so safely. This could potentially cause you to suffer an injury as a result.

Examples of how an accident at work could occur due to a change in duties, include:

  • Lack of manual handling training: Your employer may not have provided you with adequate training you need to carry out the tasks required. This could lead to sprains and strains or even a back injury as a result of you lifting a heavy load incorrectly.
  • Lack of training to operate machinery: You may be asked to operate machinery that you do not usually work with, such as a forklift truck, without sufficient training. As a result, you sustain a severe head injury and neck injury.
  • Lack of sufficient personal protective equipment (PPE): Your employer may implement a change in your duties due to being short staffed. However, the task you are asked to carry out requires them to provide you with the necessary PPE which they fail to do. As a result, you experience a workplace injury.

To talk about what happens when you make a personal injury claim, please speak with an advisor for further guidance.

What Evidence Could Support A Workplace Accident Claim?

Evidence can be useful in supporting your accident at work claim as it can help to demonstrate negligence. Examples of evidence you could gather to support your case include: 

  • CCTV footage and photographs of the accident site and the injuries sustained. 
  • Copies of medical records and a diary of your symptoms and the effect on your mental health.
  • Contact details of potential witnesses. 
  • A copy of the incident report to provide details on the nature of the accident in which you sustained harm.

A solicitor from our panel could assist you in acquiring evidence when making a claim for an accident at work caused by a change of duties. Learn more about the services they can offer by calling our team on the number above.

Estimating Payouts For Accidents At Work Due To Changes In Your Duties

After successfully claiming for injuries experienced in an accident at work, your settlement could include two heads of claim. The first is known as general damages. The purpose of this head is to reimburse you for the suffering you have encountered because of your injuries. 

The Judicial College Guidelines may be used to help solicitors value your injuries. They contain compensation brackets for numerous injuries, some of which are in the table underneath. 

However, it should be noted that the amounts are not guaranteed. The outcome of your claim may vary depending on your personal circumstances. 

Compensation Guidelines

Edit
Harm Severity Details Compensation Guidelines
Head Very Severe (a) There is little, if any, meaningful response to the environment. Full-time care is required. £282,010 to £403,990
Head Moderately Severe (b) Serious disabilities and the need for constant care is present in cases in this bracket. £219,070 to £282,010
Head Moderate (c) (i) There is a moderate to severe intellectual deficit and an effect on the senses. £150,110 to £219,070
Back Severe (a) (i) Damage to the spinal cord and nerve roots leading to pain and disability alongside other issues such as incomplete paralysis as well as impaired bowel and bladder function. £91,090 to £160,980
Back Moderate (b) (ii) Disturbance of ligaments and muscles causing backache. £12,510 to £27,760
Knee Severe (a) (i) The joint is disrupted and there is considerable pain and loss of function amongst other issues. £69,730 to £96,210
Knee Moderate (b) (i) Dislocations or a torn cartilage causing minor instability or other future disability of a mild nature. £14,840 to £26,190
Arm Less Severe (c) Disabilities are significant but a substantial degree of recovery has taken place or will be expected. £19,200 to £39,170
Neck Moderate (b) (iii) Injuries may have accelerated a pre-existing condition. Moderate soft tissue injuries with a longer period of recovery are also included in this bracket. £7,890 to £13,740
Leg Less Serious (c) (iii) Simple fractures to the tibia or fibula or soft tissue injuries are included in this bracket. Up to £11,840

Further Compensation You May Claim

The second head of claim is special damages which compensates you for the monetary losses you have incurred as a result of your injuries. This can include: 

  • Cost of transport
  • Any purchases in relation to home adjustments
  • Loss of earnings

Evidence can help to support your claim for such compensation. These financial losses can be demonstrated through payslips, receipts, or bank statements. 

Please get in touch to discuss the compensation you could receive following a successful workplace accident claim.

How A No Win No Fee Personal Injury Solicitor Could Help You

When beginning a claim, you may be interested in working with a solicitor, who could offer to work on a No Win No Fee basis. They may propose to represent you under a Conditional Fee Agreement.

With this agreement in place, your solicitor’s fees will generally depend upon the outcome of your claim. If your claim is unsuccessful, you will usually not pay for your solicitor’s services. 

Alternatively, if your claim is a success, your solicitor will take a success fee. This is a deduction of your compensation that is taken and capped by the Conditional Fee Agreements Order 2013. This legislation restricts the percentage that solicitors take. 

Speak To Our Specialist Team

For more guidance on No Win No Fee arrangements, please speak with a member of our team. They could connect you with one of our solicitors with experience handling workplace accident claims.

Alternatively, to discuss any claim-related questions you may have, you can speak with our team to receive free legal advice. They are available 24/7 to answer your queries and can help to clarify the eligibility requirements that need to be met to begin an accident at work claim. 

To reach us, please do so in one of the following ways: 

  • Call us on 0800 073 8801
  • Fill out our form on our webpage to contact us
  • Use our chat box to talk to an advisor about your claim

Learn More About Claiming For An Accident At Work Caused By A Change In Duties

If you have been injured in an accident at work caused by a change of duties, we hope you found our guide useful. You can find more of our guides relating to personal injury claims below: 

Additionally, you can find more helpful external resources: 

Guide by EM

Edited by MMI