If you are unable to work due to an accident, then you may wonder if you can make a personal injury claim, not only for the harm you have been caused but also for any financial losses you have suffered, such as a loss of earnings. In the workplace, on the road and in public spaces, you are owed a duty of care by a third party. In this guide, we will explain each duty of care owed to you and how if this is breached and you sustain injuries, you may be eligible to claim.
Also, continue reading to learn about the various pieces of evidence you could retain to support a compensation claim. Furthermore, we will discuss the time limits applicable to a personal injury claim. In addition, you can also find information regarding the meaning of a No Win No Fee agreement.
You can also get in touch with our team at Accident Claims for legal advice that is free and can be accessed at a time that suits your needs. Our advisors can provide you with a free consultation and give insight into the legitimacy of your claim.
You can get in touch by doing one of the following:
- Calling us on 0800 073 8801
- Using one of the methods provided on our ‘contact us’ page
- Typing to an advisor through the live chat window
Select A Section
- What Could I Claim If I Am Unable To Work Due To An Accident?
- Criteria To Make A Personal Injury Claim
- Evidence Showing How You Were Affected
- Time Limits To Claim
- No Win No Fee Claims
- Find Out More About Claiming If You Are Unable To Work Due To An Accident
What Could I Claim If I Am Unable To Work Due To An Accident?
There are two heads of claim under which compensation in a successful personal injury claim can be awarded. These are general and special damages. Compensation for the physical and psychiatric damage is awarded under general damages, whereas financial losses are compensated under special damages.
Compensation for general damages can be calculated by referring to any provided medical evidence alongside the Judicial College Guidelines (JCG). We have used the JCG figures to create our compensation table.
Compensation Table
Please note that the first entry in this table is not a JCG figure and that this information has been provided for guidance purposes only.
| Injury | Severity | Notes | Guideline Compensation Amount |
|---|---|---|---|
| Multiple Very Serious Injuries with Financial Losses | Very Serious | Cases where multiple very serious injuries have been sustained combined with substantial monetary losses including lost pay, home adaptations and care costs | Up to £1,000,000 and above |
| Paralysis | (b) Paraplegia | An award in this bracket considers whether the person is in any pain and to what extent, their age and life expectancy. | £267,340 to £346,890 |
| Brain Damage | Moderately Severe | The person is very seriously disabled, will substantially depend on others, and needs constant care. | £267,340 to £344,150 |
| Brain Damage | (i) Moderate | There will be an intellectual deficit of moderate to severe and no prospect of employment. | £183,190 to £267,340 |
| Arm Amputation | (b)(ii) One Arm Lost | The arm has been amputated at the elbow. | £133,810 to £159,770 |
| Arm Injury (Severe) | (a) Severe | The person will be little better off than if the arm was lost as the injury will be extremely serious but fall short of amputation. | £117,360 to £159,770 |
| Pelvis and Hip Injury | (a)(i) Severe | Extensive fractures of the person's pelvis which, for example, involve dislocation of a low back joint and a bladder that is ruptured. | £95,680 to £159,770 |
| Neck Injury | (a)(ii) Severe | Injuries commonly involve serious fractures or damage to cervical spine discs causing disabilities of which the severity is considerable. | £80,240 to £159,770 |
| Hand Injury | (c) One Hand Totally or Effectively Lost | Applicable where a hand is crushed and therefore surgically amputated, or in cases where all of the fingers and the majority of the palm are traumatically amputated. | £117,360 to £133,810 |
| Leg Injury (Severe) | (b)(ii) Serious | The person will require mobility aids for the rest of their life, as their injuries cause permanent mobility problems. | £66,920 to £109,290 |
Special Damages
If you are unable to work due to an accident, then you may experience a loss of earnings due to time taken off work to recover. Compensation for this loss can be paid out under special damages, the second of the two heads of claim.
Other costs you could be reimbursed for can include:
- Out of pocket medical expenses such as prescriptions or therapy sessions.
- Travel costs if you are unable to drive.
- Assistance with childcare or domestic duties if you cannot do this safely by yourself.
- Home modifications to accommodate reduced mobility.
Make sure you hold onto your payslips, as well as other documents such as travel tickets, invoices and receipts as proof of these losses.
For a more personalised idea of what your claim could be worth, speak to our advisors today using the contact information provided above.
Criteria To Make A Personal Injury Claim
Not all accidents resulting in injuries will mean that a personal injury claim is valid. The criteria to make a personal injury claim means proving that you were owed a duty of care, that this duty was not adhered to, and as a result, you were harmed. If you are unable to work due to an accident in order to make a claim for the harm suffered as well as any financial losses, you would need to satisfy those three key points.
In the following sections, we will discuss the duty of care you could be owed in different scenarios.
Workplace Accidents
The Health and Safety at Work etc. Act 1974 (HASAWA) lays out the duty of care that employers owe to their employees to take reasonably practicable steps to ensure their safety. This can involve measures such as providing proper training and performing risk assessments.
Therefore, if you’ve been involved in an accident at work caused by your employer not taking the reasonably practicable steps to keep you safe, and you have sustained injuries as a result of this, you may be eligible to claim.
Accidents In Public
The Occupiers’ Liability Act 1957 (OLA) lays out the duty of care that the party responsible for a public place has. This is to ensure the reasonable safety of their visitors. This can involve measures such as providing signage to clearly mark hazards and performing risk assessments.
Therefore, to meet the eligibility requirements to make a public liability claim, the person responsible for a public space must be liable for your injuries.
Road Traffic Accidents
The Road Traffic Act 1988 (RTA) lays out the duty of care that road users owe to each other when navigating the roads. Alongside this, The Highway Code outlines rules, guidance and regulations for road users, some of which are backed by laws. This means road users must drive at a speed within the legal limit and not operate a vehicle after consuming alcohol.
Has another road user breached the duty of care owed to you and caused you to sustain injuries? You may be eligible to make a road traffic accident claim.
Evidence Showing How You Were Affected
Below we will provide examples of the evidence you could provide to support your claim, as you must prove the occurrence of negligence:
- The contact details of any witnesses to your accident
- CCTV footage or dashcam footage
- Photographs
- Copies of your medical records
- The report from the accident at work book
Please speak to a member of our team for any more information on the evidence that can be used to strengthen a claim when you are unable to work due to an accident.
Time Limits To Claim
To start a personal injury claim, you generally need to do this within three years of the accident. The Limitation Act 1980 sets out the time limits that apply to personal injury claims. There are exceptions to this time limit.
If you would like to enquire about making a personal injury claim as you have been left unable to work due to an accident, please don’t hesitate to get in touch. Our advisors can provide insight into the time limits that apply to your claim.
No Win No Fee Claims
If you choose to use a No Win No Fee solicitor under the terms of a Conditional Fee Agreement (CFA), you could access their services without paying any upfront or ongoing fees for these services. Also, there would generally be no fees for these services if your claim was not successful.
However, if your claim is successful, a No Win No Fee solicitor can take a small percentage of the compensation. This is a success fee that legislation caps.
Contact Us
Please don’t hesitate to get in touch with a member of our team to make an enquiry regarding your potential claim for personal injury compensation.
You can get in touch by doing one of the following:
- Calling us on 0800 073 8801
- Using one of the methods provided on our ‘contact us’ page
- Typing to an advisor through the live chat window
Find Out More About Claiming If You Are Unable To Work Due To An Accident
Below we will provide further guides from our website for you to learn more about bringing forward a compensation claim:
- A Guide To Claiming Compensation
- Accident Caused By Poor And Inadequate Lighting Am I Eligible To Claim Compensation?
- Serious Injury Claims Guide
Additionally, you can explore some external links for more information:
- Advice from GOV.UK on how to claim statutory sick pay (SSP)
- NHS guidance on first aid
- Advice on when to call 999 from the NHS
If, after reading this guide, you still have any questions regarding your eligibility to claim when you are unable to work due to an accident, please speak to one of our advisors.
