0330 – 332 – 4844

[email protected]

Accidents at Work

“Accidents happen” is a saying that we all hear from time to time but the reality is that accidents that happen in the work place are often caused by the negligence of someone else and the law states that you have the right to bring a claim for compensation against the person or organisation responsible.

Under The Health and Safety at Work Act 1974 every employer has a duty of care to ensure that the work environment, facilities and equipment they provide can be used safely and without risk of injury. An employer needs to provide the same duty of care to all employees including self-employed contractors.

You can make a claim for an injury caused by an accident at work:

  • If the accident happened during the past three years
  • If the accident was not your fault

Points to remember

If you have suffered an injury as a result of an accident at work:

(i)   request to have details of your accident recorded in the accident book at work

(ii)  collect evidence such as CCTV footage, photos, witness statements, etc

Making a claim

It is also worth noting that it is illegal for your employer to unfairly dismiss you or discriminate against you for bringing a claim following an accident at work and should this happen, we can recommend a firm of solicitors who specialise in employment law matters.

The first step in the process is for us to prepare a draft Claim Notification Form setting out the allegations of negligence and providing details of the nature and extent of the injuries you have suffered. Your employer is obliged to pass details of the claim on to their insurers who will, in turn, contact your solicitor directly with their details. The Claim Notification Form is then formally submitted to the relevant insurers electronically via the Ministry of Justice Claims Portal.

Under the Personal Injury Protocol, the insurers will have 30 working days in which to respond to the claim with their views on liability.  If your employer denies responsibility for your accident, we will request that they disclose all documentation in support of their denial, for consideration.

Compensation

The amount of compensation you can expect to recover following an accident at work will depend upon the nature and extent of your injuries, the duration of symptoms, the effect upon your quality of life, etc. The most common work accidents are slips or trips within the workplace or accidents involving work machinery, for example, forklifts, saws or farm machinery.  Injuries suffered at work may also involve inhalation of toxins, chemical or electrical burns, repetitive strain injuries “

The Judicial College publishes the “Guidelines for the Assessment of General Damages in Personal Injury Cases” as a guide to help legal professionals determine the financial value of a personal injury claim.  The Guidelines are designed to provide an indication of the likely value of compensation awarded for General Damages (pain, suffering and loss of amenity) and sets out in detail the level of compensation a client is likely to recover for the injuries they have suffered, for example:

  • Orthopaedic Injuries (neck, back, shoulder, knee, ankle, wrist, leg etc)
  • Brain and Head Injuries
  • Injuries affecting the senses (eyes, hearing, taste and smell)
  • Injuries to internal organs
  • Scarring and Facial Injuries
  • Psychological Injuries (travel anxiety, Post Traumatic Stress Disorder, etc

In addition to compensation for pain and suffering, you are entitled to claim for loss of earnings

(past and future), medical and treatment costs, physiotherapy, travel expenses, prescription charges, etc

The law is in place to protect clients who have suffered injuries and associated financial losses through no fault of their own and often lives are turned upside down overnight resulting in, stress, emotional and financial pressure on both the injured party and their family.

With over 20 years’ experience in dealing solely with personal injury claims, we are confident we can recover the level of compensation our clients deserve that accurately reflects the nature and extent of their losses.

If you would like to discuss your accident circumstances we are here to listen and advise you on what steps need to be taken.

You may contact us in any of the following ways

We will offer you advice and guidance and explain to you about the No Win No Fee service we offer here at RG Jones Solicitors.