How To Make A Serious Injury Claim After An Accident At Work

If you are wondering whether you could be eligible to make a serious injury claim after an accident at work, this guide could help. It will discuss the eligibility criteria that need to be met in order to seek personal injury compensation, how long you have to do so, and the evidence you could collect to support your case.

A man suffering a serious injury after an accident at work with a co-worker taking care of him

Additionally, we discuss the duty of care your employer owes, the legislation they need to adhere to, and how a breach of their duty could cause you to sustain a serious injury in a workplace accident.

Furthermore, we discuss how settlements in successful personal injury claims are calculated.

There is also a section on the advantages of working with one of our No Win No Fee solicitors during the process of your claim.

If, at any point, you want to get in touch with any questions you have, our advisors are always available. You can ask them about your potential serious injury claim 24/7. To reach them, you can:

Select A Section

  1. Eligibility Criteria To Make A Serious Injury Claim After An Accident At Work
  2. Time Limits On Serious Injury Claims
  3. What Evidence Do You Need For A Serious Injury Claim?
  4. Serious Workplace Accident Claim Settlements
  5. Can You Make A No Win No Fee Serious Injury Claim After An Accident At Work?

Eligibility Criteria To Make A Serious Injury Claim After An Accident At Work

Personal injury claims for serious injuries need to meet the following criteria in order to be valid.

  • Duty of care – At the time of your injury, you need to have been owed a duty of care. In the context of workplace accident claims, this duty rests with your employer. As per the Health and Safety at Work etc. Act 1974, your employer must take all reasonable and practicable steps to avoid their employees sustaining an injury. An example of this could be making sure known slip and trip hazards are rectified by your employer, so that they do not cause you to fall and injure yourself.
  • Breach of a duty of care – This is when your employer does not uphold their duty of care. For instance, they may not provide you with the necessary personal protective equipment (PPE) that you need to safely perform your role, such as a hard hat on a construction site.
  • Harmed caused – You need to demonstrate that an employer’s breach of their duty of care leads to you suffering physical or psychological injuries.

How Could A Serious Accident At Work Occur?

There are various ways a serious accident at work could occur. For example:

  • Your employer may fail to carry out a risk assessment before instructing you to work from a height. As a result, you fall and sustain a severe spinal injury which leads to paralysis.
  • Machinery isn’t maintained to ensure it is safe to use. As a result, an employee sustains an amputated arm when using using faulty equipment.

Get in touch today if you’re unsure whether you’re eligible to make a serious injury claim after an accident at work.

Time Limits On Serious Injury Claims

It’s important to be aware of how long you have to begin your personal injury claim. The time limit stated in the Limitation Act 1980 is 3 years from the date of your injury. However, there are exceptions. We’ve included them below.

  • Injured children – Anyone younger than 18 years old cannot pursue their own claim. They can do so from the day they turn 18, as this is when their time limit would begin. Before this date, their time limit is suspended. In the period when a child is ineligible to claim for themselves, a litigation friend can be appointed to do so on their behalf.
  • Those who lack the mental capacity to make their own claim – The time limit would be suspended indefinitely in this scenario. A litigation friend could be appointed to claim on behalf of the injured party. If the injured party recovers their mental capacity to make a claim for themselves, then the time limit would begin from that date.

Get in touch today to find out if you are eligible to make a serious injury claim after an accident at work, and how long you would have to do so.

What Evidence Do You Need For A Serious Injury Claim?

If you’ve sustained a serious injury at work, gathering evidence to support your claim is an important part of the process. It can help demonstrate that an employer failed to uphold their duty of care, and that this caused you harm as a result. It can also offer insight into your injuries and how they have affected your life.

We’ve compiled a short list of examples of evidence you could present as part of your claim for an accident at work. The list, however, is not exhaustive.

  • Your medical records – These will contain important information pertaining to your injuries and any treatment you received.
  • CCTV footage – Your workplace injury may have been captured on CCTV. If so, you can request the footage if you appear in it.
  • Photographs – Take pictures of the hazards that caused your injuries, as well as any visible injuries you sustained as a result.
  • Witness contact details – Witnesses of the accident could provide statements at a later stage in the claims process.

Get in touch today if you want to learn more about ways you can support your claim. If you’re eligible, an advisor could connect you with one of our solicitors who could begin working on your case, and helping you collect evidence.

Serious Workplace Accident Claim Settlements

Generally speaking, a serious injury tends to be one that has a profound and lasting impact on your life going forward. This could include injuries such as loss of sight, the amputation of a limb, paralysis and brain damage.

If you make a successful personal injury claim, you could be awarded a settlement that comprises compensation for the pain and suffering caused by your injuries. This is awarded under general damages.

One of the resources used to calculate the value of general damages is called the Judicial College Guidelines (JCG). This is a publication (last updated in 2022) that contains guideline award brackets that are based on court cases that have been successful in the past.

The figures in the table below have been taken from the latest edition of the JCG. However, you should use them as a guide only. Your own claim needs to be individually assessed before an accurate figure can be settled on.

Table For Serious Injury Compensation

Edit
Injury Description Amount
Multiple Serious Injuries Serious injuries of different kinds with financial losses caused by the injuries. Up to £1,000,000+
Brain Damage (a) Very severe – The person needs full-time care. £282,010 to £403,990
Arm Amputation (b) The total loss of both arms. £240,790 to £300,000
(b) Loss of one arm (i) Amputation of one arm at the shoulder. Not less than £137,160
Injuries Affecting Sight (b) Complete loss of sight. In the region of £268,720
Hands (a) When both hands are either effectively or totally lost. £140,660 to £201,490
Epilepsy (a) Established Grand Mal £102,000 to £150,100
Loss of Earnings Compensation awarded under special damages to reimburse for lost income incurred due to time taken off work because of the injuries. Up to £100,000 and above

Special Damages – What Are They?

After making a successful serious injury claim after an accident at work, you may also be eligible to receive special damages. This awards compensation to reimburse you for the financial costs and losses caused by your injury. Some examples include:

  • Medical expenses, such as the cost of walking aids/prosthetics.
  • Loss of earnings.
  • Costs for additional care at home.
  • Travel costs.

Make sure you keep evidence such as payslips and receipts to prove these losses. Get in touch today if you need more information on how much your claim could be worth.

Can You Make A No Win No Fee Serious Injury Claim After An Accident At Work?

Our solicitors could help you make a serious injury claim after an accident at work, provided its valid and has a chance of success. All of our solicitors offer their services under a form of No Win No Fee deal called a Conditional Fee Agreement (CFA). This means that you can access these services without paying an upfront fee.

If you successfully claim compensation, they take a success fee. The fee takes the form of a legally capped percentage. However, it isn’t taken if your claim fails.

Speak To Our Team

Remember, you can reach out on a 24/7 basis. Our advisors are always available to help. Once they know more about your serious injury claim, they may be able to connect you with one of our No Win No Fee solicitors to begin your claim. However, there is no obligation to initiate proceedings just by speaking to us. To get in touch, you can:

Discover More About Serious Workplace Accidents

Below, we’ve provided some additional resources you may find useful.

More from us: 

Information from other sources: 

Thank you for reading our guide on making a serious injury claim after an accident at work. If you have any other questions, please contact an advisor on the number above.

Guide by DAB

Edited by MMI