When you get in touch we’ll offer you straightforward legal advice, without the jargon.
To start the claims process, you’ll need to provide us with details such as where and when your accident at work took place, who you were working for at the time of the accident, and details about your injuries.
When we have these details, we’ll offer you free legal advice about your claim and what to do next. Ask if we can deal with your claim on a No Win, No Fee basis.
If we can deal with your claim, we’ll gather evidence to support your case, take witness statements, and seek an independent medical report about your injuries.
Just leave the hard work to us, while you concentrate on your recovery and rehabilitation.
Our Personal Injury Solicitors have helped many people injured in an accident at work to claim high levels of compensation.
More Information about Accidents at Work
As an employee, your employer owes you a duty of care. Even if you’re self-employed, the host “employer” you’re contracted to work for may still owe you a duty based on the level of control they exercise over you.
Your employer may not be able to escape liability merely because they delegated their duty to a third party, for example, an outside contractor.
Sometimes, it’s necessary to make a claim against both your employer and outside contractor.
Common Types of Accidents at Work include:
- Accidents involving Defective / Dangerous Machinery
- Construction / Building Site Accidents
- Falls from Height (Ladders / Scaffolding)
- Manual Handling Accidents (Lifting / Carrying)
- Industrial Diseases
- Slip and Trip Accidents
Employers Liability Claims
An employer is under a duty to take reasonable care of your health and safety.
This Includes Providing:
- Adequate Training
- Competent Staff
- Adequate Work Equipment
- A Safe System of Work
- A Safe Work Environment
So if you think that you’ve suffered injury because your employer hasn’t provided any of the above, you may be able to make a claim for compensation.
When you make a claim, you’re making a claim for damages. These consist of General Damages and Special Damages.
General Damages relate to your pain suffering and loss of amenity. Examples include:
- Psychological Upset (Stress, Depression, Anxiety)
Special Damages relate to your financial losses. Examples include:
- Loss of Earnings
- Cost of Care
- Travel costs
- Cost of Medical Treatment
- Damaged Clothing and Belongings
Employers are legally required to have employers’ liability insurance, so don’t worry about making a claim against your employer or what your boss might say.
The insurance is there to protect you and the chances are the insurance will cover the cost of an award of damages.
Call our Personal Injury Solicitors on 08002605010 or request a callback and we will help you.
Frequently asked questions
- What is the claims process?
All cases are different so it’s not possible to give a definite timescale at the outset of a case.
Timescales vary depending upon, amongst other things, whether liability is admitted, the complexity of your injury and financial losses suffered.
The value of your injuries will be assessed with reference to a medico-legal report, which we’ll obtain along with reference to the Judicial College Guidelines - the official guidelines as to the assessment of general damages - and reported cases which have been assessed by the Courts.
Until medical evidence is obtained, it isn’t possible to accurately and fairly value your claim.
If your case ends up going to Court, we’ll support you throughout.
We have decades of experience acting for clients in all types of accidents at work cases.
Our Personal Injury Solicitors have the expertise to make the difference between winning or losing a claim, and maximising the amount of compensation awarded.
- What funding is available?
Claims can often be funded through a No Win, No Fee agreement - ask us for details.
- What should I do if I’ve had an accident at work?
- Fill in an accident at work report accurately and promptly
- Take photographs if you can. Photographs can be hugely important in successfully pursuing a personal injury claim. Remember most mobile phones have cameras
- Obtain names and contact details of witnesses to your accident at work
- Trade union members must notify their union rep of the accident - it’s possible your union can help give information on whether similar accidents have occurred in the past
- What do I need to prove?
To have a valid case, you need to be able to show that somebody else was at fault for the injuries or illness you have suffered.
Although in some cases the fault would be obvious, others may be less so.
You could have been injured in your workplace and there is uncertainty as to where the fault lies.
By talking to a Solicitor, you’ll be able to find out if you can claim even if you could have been partially responsible.
- When should I bring a claim against my employer?
Normally you have three years from the date of the accident to bring a claim, but there are exceptions such as when working abroad.
So our advice is to contact us as soon as possible. Generally, the earlier a claim is brought the better.
- What if my employer blames me for the accident?
Sometimes an employer will seek to put some of the blame for the accident on their employee.
However, depending upon the allegations made by them, you may still be able to bring a claim.
We’ll discuss any allegations made by your employer and advise whether you should accept a degree of contributory negligence.
If your employer alleges contributory negligence, then it’s for them to prove that you were partly to blame for the accident.
Contributory negligence will lead to a reduction in your damages dependent upon the level of fault attributed to you.
- Is rehabilitation and/or treatment available?
If your injury is such that rehabilitation would assist you, then we can ask the defendant’s insurers/representatives to agree to fund a course of treatment.
This may take the form of physiotherapy or counselling. If surgery is required and it’s supported by medical evidence, then we can seek payment of this from the defendant.
- What evidence will be used in my case?
We will use different types of evidence to put together a claim and calculate how much compensation you may be entitled to. This will include:
- A medical report to determine the extent of the injuries sustained and what caused them. An independent medical examination will be arranged by your Solicitor.
- Witness evidence from work colleagues who either witnessed the accident or are able to provide evidence of other similar accidents or unsafe working systems.
- Photographic evidence taken at the time of the accident.
- Receipts of all expenses incurred to prove your losses.
- Diary entries that record your symptoms, progress and recovery including treatment received and medication taken.
- Who pays my compensation if my claim is successful?
Compensation will be paid from the employer’s liability insurance.
- What type of compensation will I receive?
A claim for personal injury involves 2 types of compensation:
Special damages: This relates to financial losses you’ve sustained as a result of your accident, which can include a claim for future losses. This can be based on your loss of income, treatment expenses, travelling expenses, medication expenses and care and assistance fees. You’ll be sent a special damages questionnaire to complete, which you’ll need to provide sufficient information so we can attempt to calculate your losses.
General damages: This relates to your claim for pain and suffering you have endured. The value of your claim is assessed by using case law and a book called the Judicial College guidelines for the assessment of damages.
During the course of your claim, your Solicitor can also request an interim payment from the third party’s insurer to help reduce your immediate financial burden. This request will be on a voluntary basis, so it’s not guaranteed prior to issuing Court proceedings. Any interim payments received will need to be offset against the final compensation figure you recover at the conclusion of your claim.
- Will my employer conduct the claim themselves?
Usually the insurance company will deal with the claim on your employer’s behalf and/or instruct Solicitors.
- Will I be sacked for making a claim against my employers?
Most reputable and sensible employers will recognise that your claim against them isn’t personal and that you’re seeking compensation for pain and suffering you’ve endured and any financial losses you’ve sustained.
However, if your working life becomes unbearable because you’ve made a claim and you feel you have no option but to hand in your resignation, in this case you may have a strong claim for constructive dismissal.
This is an employment aspect and therefore we can refer you to a member of our Employment Department, who will be able to assess if you have a potential constructive dismissal claim.
For free legal advice call our Personal Injury Solicitors
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Simpson Millar is a national law firm with over 500 staff and offices in Bristol, Cardiff, Kingston-upon-Thames, Lancaster, Leeds, Liverpool, London, Manchester, Morecambe and Southport.