Could I Sue An Employer For Negligence Leading To Injuries?

By Danielle Griffin. Last Updated 2nd August 2023. Welcome to our online guide, where we will be discussing suing an employer for negligence in length. Throughout this guide, we will provide free legal advice and discuss critical questions, such as “could I sue my employer for negligence?”. After reading our guide, you will have a greater understanding of the claims process and how our team could be of assistance when suing your employer for negligence. 

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Sue employer for accident at work

If you’ve suffered an injury at work caused by an accident that you weren’t to blame for, then you might be considering whether to sue your employer for negligence. Doing so can be quite stressful and cause you to worry about what might happen but, in this guide, we’ll explain when you could make a claim, how to do so using a No Win No Fee solicitor and why your employer can’t discipline you, by law, for doing so.

If you’d like to discuss how we could help you claim, please call 0800 073 8801 today. We’re ready to assess your claim for free and, if we think you have a strong case, we could introduce you to one of our panel of No Win No Fee solicitors.

To find out more about employee negligence cases before calling our team, please continue reading.

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What Is Employer Negligence?

To make a claim against your employer for negligence, you’ll need to show how they’ve acted negligently and how that led to your injuries. To assist you, here are some examples of why an employer might be deemed negligent:

  • Suppose they did not provide you with health and safety training and information about the health and safety policy. This is a legal requirement, and inadequate training could result in you not working safely.
  • You were injured because you were using inadequate equipment or machinery without adequate training. Negligent training cases could be raised in this instance.
  • Safety equipment wasn’t provided to help reduce the risks for the work you were carrying out. This could include safety goggles, hard hats or protective clothing.
  • If machinery or equipment was maintained according to the manufacturer’s guidelines.
  • Where the workplace was unsafe because of dangerous conditions, uneven floors or slippery surfaces.
  • If you suffered an injury caused by a vehicle in the workplace.
  • Where you suffered an industrial disease or work-related illness.
  • You weren’t allowed adequate rest breaks.
  • Another employee was hired, without the required background checks, which caused something to go wrong.

If any of the above is the reason for your workplace accident, you could sue your employer for negligence if the accident caused you an injury. Please contact a specialist advisor to discuss what happened.

High Risk Workplaces

Let’s consider other workplace options as you wonder, “could I sue an employer for negligence?” There are many types of accidents at work that can happen, and they can happen in many different types of workplace. Some workplaces are at risk of injuries than others, though, and they include:

  • Factories: You could be injured by dangerous machinery or forklift trucks.
  • The armed forces: There are many risks of working in the armed forces, even when not on a combat mission.
  • Agriculture: Accidents involving large farming machinery, slurry pits and livestock can prove risky.
  • Emergency service workers: Assaults are relatively common nowadays and could lead to needlestick injuries. Also, lifting injuries can occur commonly too.
  • Building sites: Falling objects are big risks in the construction industry, so hard hats are to be worn at all times. Accidents involving scaffolding are a big risk too.

Suing An Employer For Negligence – Fatal Injury Claims

When it comes to the industries that have the most fatal injuries, we should point you towards the HSE statistics. In 2021, 142 people suffered fatalities at work. The most common industry for fatalities was the construction industry, followed by agriculture forestry and fishing. You can see the spread below.

 

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If someone you love has suffered a fatal injury in a workplace accident you may be wondering ‘can I sue an employer for negligence leading to someone’s death?’. The answer is if you could prove that the accident occurred because of the employer’s negligence, you could make a claim. You could claim as a relative of the deceased person, or as their estate. The compensation you could receive could include bereavement awards, funeral expenses, and in some cases loss of financial support.

Just because you work in a high-risk industry, though, doesn’t mean your employer has been negligent if you’re injured. Take a look at the previous section and apply the criteria to your injury to see if you could begin a claim. If you think you have a case, why not check with one of our advisors today?

What Is An Employer’s Duty Of Care?

We’ve mentioned an employer’s ‘duty of care’ previously in this guide, but what is that? It means that they need to ensure employees are kept from harm while at work. That means that they need to take reasonable steps to reduce risks while you’re at work.

There’s probably no completely risk-free work environment, but employers must do what they can to minimise risk. They can do this by:

  • Makes sure that employees have their role defined clearly.
  • To ensure the workplace is safe for all employees.
  • Undertake regular workplace risk assessments.
  • Make rest areas available to staff.
  • Ensure staff don’t work excessively long hours.
  • Provide staff with adequate training on any task they’re required to perform.
  • Take steps to protect staff from bullying, harassment and discrimination from management, colleagues and contractors.
  • To allow staff to communicate management concerns. This could be via supervisors, a notice board or electronic communication methods.
  • They should consult with staff regularly about any concerns they might have.

If you feel your employer has failed in their duty of care towards you, which caused an accident to happen in which you were injured, then you could seek compensation for the injuries sustained.

If you’re wondering if you can sue an employer for emotional distress or for creating a hostile working environment, then the answer might be yes, as they would’ve breached at least one item in the list above. Therefore, please get in touch to discuss any injury, whether mental or physical, with one of our team.

Suing For Negligence – What Is The Claim Time Limit?

If you can demonstrate negligence by your employer occurred and are eligible to make a personal injury claim, it is vital that you initiate proceedings within the time limit. Generally, this is 3 years from the date of the accident that caused your injuries, as set by the Limitation Act 1980.

However, there are exceptions to the limitation period for certain circumstances. These include:

  • Those who lack the mental capacity to make their own claim. For these parties, the time limit is suspended indefinitely. During this period, a court-appointed litigation friend can bring forward a claim on their behalf. However, should the injured party regain this mental capacity and proceedings were not made on their behalf, they will have 3 years from their recovery date to start the process.
  • Those under the age of 18. These parties have a pause applied to the limitation period that lasts until their 18th birthday. Prior to this date, a litigation friend can begin the claim for them. However, if the injured party turns 18 and a claim was not brought forward on their behalf, they will have 3 years from the date of their 18th birthday to begin proceedings.

If you are thinking of suing for negligence, get in touch with an advisor from our team. If you have valid grounds for a claim, they could help you get the process started before the limitation period expires.

When Could An Employer Be Considered To Be Negligent?

In general terms, an employer could be deemed negligent if they’ve failed to provide you with a safe working environment.

That could mean that they’ve failed you to train you properly in the work they’ve expected of you. If this meant you suffered an injury, then the employer could’ve been negligent.

Another example of negligence could be if your employer allowed, or expected, you to work a long shift without any comfort or rest breaks. If you then went on to make a mistake, causing an accident to happen due to tiredness, you could be able to prove that although you caused the accident, your employer was, in fact, negligent in allowing you to work too long.

Finally, if you’ve suffered an industrial illness after being exposed to loud noise or heavy vibrating equipment for a long period of time (usually many years), your employer might be found to have been negligent because they allowed the problem to carry on over a long period of time without addressing the risks.

There are many other scenarios where an employer could be considered to be negligent and have caused your injury. To discuss whether you could make a claim or not, please ask one of our advisors for free legal advice about your claim.

Breaches In Health And Safety Executive Regulations

If the Health and Safety Executive (HSE) inspect a workplace, they might find a breach in several different regulations.  These include:

If they identify a breach of health and safety regulations, it doesn’t mean you’ll automatically be entitled to compensation. You’ll still need to demonstrate how the breach caused you to suffer an injury.

In the next section of this guide, we’ll explain how you go about proving negligence against your employer and the types of evidence you can use to support your claim.

How Do I Sue An Employer For Negligence Leading To An Injuries?

If you decide to sue your employer for negligence, then the evidence is required to support your claim. It can come in various forms. Following an accident at work, caused by employer negligence, as you ask, “could I sue an employer for negligence?” you should:

  • Visit a doctor or accident and emergency department as soon as possible. This will allow your injuries to be assessed and treated. It will also mean there are medical records to show the severity of your injuries.
  • Photograph the scene of the accident. Capture as much detail as possible, especially the root cause of the accident.
  • Report the accident as soon as possible. Tell a supervisor or a manager what happened and ensure it’s recorded in an accident report book. You can ask for a copy of the report to ensure it shows what happened, the date and the injuries you sustained.
  • Photograph any visible injuries you sustained.
  • Ask witnesses for a statement and make sure you have their contact details.
  • See if there was any CCTV footage that showed the accident happening.
  • Make a note of any expenses you incur because of your injuries, such as prescription costs, travel costs and car parking.

The more evidence you have, the better your chance of proving what happened. This could help ensure you achieve the correct level of compensation for your injuries.

How To Find Legal Assistance

When it comes to finding legal assistance to help you make a claim or to ask questions about suing your employer for negligence, you will find there are lots of different law firms and solicitors out there. You could ask your friends for advice or you could read reviews on solicitors’ websites to see if they could offer you a good level of service. It is important to recognise that you would not have to use a local solicitor when suing your employer for negligence. You could use a solicitor based anywhere in the UK.

When speaking to a solicitor about your claim as well as asking ‘how do I go about suing my employer for negligence’, you should also ask them about their track record, and whether they offer a no win no fee service. You could ask them to show you reviews of past cases, and ask them about whether they’ve handled claims similar to yours too.

Please speak with our team today to find out how we can help. We’ll answer any questions you might have and provide free legal advice about your claim.

What Could I Claim If Injured Due To Negligence?

When negligence cases are made, a personal injury lawyer can use several different parts of a claim to seek the right level of compensation. Depending on how your injuries have affected you, your solicitor could claim for:

  • General Damages: Compensation is paid under this category to cover the pain, loss of amenity and suffering caused by your injuries.
  • Cost of Medication: If you need to pay for over the counter treatments or prescription medication, the costs can soon build up. Therefore, you could include the costs in your claim.
  • Professional Care: Some people, while recovering from their injuries, require care from a professional. This can prove quite costly and could be claimed back in some cases.
  • Travelling Expenses: While you’re recovering, you might have to get around in different ways than usual. In this case, you might be able to claim the cost of alternative travel arrangements back as part of your claim. You could also seek the cost of travelling to and from doctor’s appointments and car parking charges too.
  • Loss of Income: If you are required to take time off from work for medical treatment or while you recover, you might be able to claim any loss of earnings back as part of your claim. If your injuries are longer-term and affect your ability to work in any way, you could seek future lost income too. The amount you could receive will be linked to your age, position and job prospects.
  • Personal Property: If any personal property is damaged during your accident, you could claim the cost of replacing or repairing the item too.

Financial Expenses

Most of the financial costs listed above are known as special damages. They are paid to ensure that you haven’t lost out financially because of your accident. It’s a good idea to keep a log of all expenses you incur and receipts to prove the expenditure.

How Much Compensation Could I Receive For Suing My Employer For Negligence?

As we mentioned, if you successfully sue an employer for injuries sustained in an accident at work, your payout will include general damages. This is the head of claim that compensates you for the pain and suffering, both physical and psychological, that your injury has caused you.

When valuing this head of loss for accident at work compensation claims, legal professionals could look to the Judicial College Guidelines (JCG) for guidance. The JCG is a publication that provides a range of guideline compensation brackets for different injuries at various severities.

We have used figures from the 16th edition of this publication to create the table below. Please only use it as a guide.

Edit
Workplace Injury How Severe Compensation Further Notes
Back injury Severe (i) £91,090 to £160,980 Most serious injuries causing nerve root damage and spinal cord.
Neck injury Minor to severe Up to
£148,330 		This range includes injuries caused by negligence ranging from soft tissue damage through to injuries which cause and loss of movement and permanent pain.
Leg injury Minor to severe Up to £135,920 This range includes injuries caused by negligence ranging from soft tissue injuries and on to one which leaves a permenant disability.
Arm injury Severe £96,160 to £130,930 Injuries that fall short of an amputation but that leave you with so little use, that the arm might as well have been lost.
Foot injury Minor to very severe Up to £109,650 This range includes injuries caused by negligence ranging from tissue damage injuries through to and injury which causes the loss of the entire foot.
Hand injury Minor to serious £4,750 to £61,910 This range includes injuries caused by negligence ranging from simple soft tissue damage and on to long term loss of use of the hand.
Wrist injury Minor to severe Up to £59,860 This range includes injuries caused by negligence ranging from tissue damage injuries and up to complete and permanent loss of function.
Toe injury Moderate to severe Up to £31,310 This range includes injuries caused by negligence ranging from basic tissue damage through to injuries resulting in the amputation of all toes.
Knee injury Moderate (i) £14,840 to £26,190 Torn cartilage, meniscus or dislocations that cause mild future disabilities.

However, your own compensation payout will be based on the unique factors of your case. Therefore, it might be wise to speak to one of our advisors if you would like to get a more personalised estimate of the compensation you could claim. Our advisors could also help assess whether one of our solicitors could help you with making a personal injury claim against your employer.

No Win No Fee Claims Against Employers For Negligence

People don’t sue an employer for negligence because they’re concerned about the cost of hiring a solicitor. This is completely understandable, and it’s why our panel of solicitors work on a No Win No Fee basis for each claim they handle.

The fact that you never have to send any money to a No Win No Fee solicitor means the financial risk involved with a claim is greatly reduced.

When you start a claim, you’ll be provided with a conditional fee agreement (or CFA) which is easy to understand and will explain that the solicitor won’t get paid if they lose the case. Still, if they’re successful, their success fee will be deducted from your compensation.

The fee, by law, is limited to 25% of your compensation and is used to pay the solicitor for their work but only if you receive compensation. It’s therefore in the solicitors best interest to represent you as well as they can because, if they don’t win, they don’t get paid.

How Accident Claims UK Could Help You

Here at Accident Claims UK, our team of friendly specialist claims advisors are happy to help with all types of personal injury claims. They won’t put you under any pressure but will offer free legal advice about your options. We provide a free initial assessment of your claim. If your chances of successfully claiming compensation are good, we could connect you to one of our panel of personal injury solicitors.

They’ll work with you to try and make sure you receive the right amount of compensation you could be entitled to. They have up to 30 years of experience in making claims, including claims for employer negligence in the UK. With their extensive knowledge of legislation to support a claim, they could make all the difference between winning or losing your claim.

Contact An Accident Claims Specialist

If you’re ready to begin your personal injury claim to sue your employer for negligence, then you can contact us in several ways. These include:

  • Calling our free accident claim line on 0800 073 8801. Our advisors are available 7 days a week and 24 hours per day.
  • Using our live chat feature. It’s available from any page of this website.
  • Filling in our online claim form. When you do, we’ll call you back at a convenient time.
  • Or you could email us at office@accidentclaims.co.uk.

Whichever method you use to get in touch, we offer to assess your claim for free. We’ll take a look at what happened, what evidence you have to prove your claim and how your injuries affected you. If we believe you have a strong case, we could introduce you to a No Win No Fee personal injury lawyer.

Resource Materials

Thanks for taking the time to read this guide which explains when you could sue your employer for negligence. Hopefully, you now have all of the information to decide whether you’ll begin a claim. To help you further, we’ve listed some more useful resources and guides below.

Thank you for taking the time to read our guide. If you are still unsure as you ask, “could I sue my employer for negligence” please contact our team. We could give you advice on suing your employer for negligence and provide you with a solicitor that could help you when suing an employer for negligence.