How Do I Claim Compensation For An Injury At Work?

Claiming compensation for an injury at work can seem daunting. However, we hope that you will find the information in this guide useful.

Through this article, you will learn more about your legal rights and health and safety law. We’ve also included a work injury compensation calculator table to help you understand what you could be entitled to.

If you’re ready to make a claim right now, or would simply like more information, get in touch for instant free legal advice by:

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Choose A Section

Can I Claim Compensation For An Injury At Work?
What Could Lead To You Getting Hurt In Work?
Responding To Duty Of Care Breaches By An Employer
Using A Calculator To Determine Compensation For An Injury At Work
Can I Work With A No Win No Fee Solicitor For My Claim?
More Resources About Claiming Compensation For An Injury At Work

Can I Claim Compensation For An Injury At Work?

The purpose of a claim is to get compensation for an injury that acknowledges your pain and suffering. This includes the impact on your quality of life and any financial losses, both present and future, that the injury may cause.

As an employee, your employer owes you a duty of care whilst at work and is expected to take all reasonably practicable steps to ensure your safety in the workplace. This is set out in the Health and Safety at Work etc. Act 1974 (HASAWA).

You may be exposed to risks or hazards that could result in an accident if your employer breaches this duty of care that they owe you. If an accident happens as a result and you are injured, you may be entitled to workers’ compensation.

The Employers’ Liability (Company Insurance) Act 1969 means that your employer must have insurance in place to cover them if a claim is made. This means that, if you do claim, the compensation for an injury at work you receive won’t come directly from your employer.

The Current Statistics Regarding Accidents At Work

According to statistics from the Health and Safety Executive (HSE), nearly half a million people were injured at work last year.

Below are some key figures regarding health and safety at work:

142 workers killed at work
441,000 working people sustained an injury at work
822,000 workers suffering from work-related stress, depression or anxiety

However, it is important to note that not all of these instances of a workplace injury or illness will form the grounds of a valid claim for compensation for an injury at work. This is because these statistics relate to instances overall and not negligence.

What Could Lead To You Getting Hurt At Work?

When claiming compensation for an injury at work, it is important for you first to establish who is at fault for the accident. Section two of HASAWA4 establishes the procedures your employer must follow to reduce the risk of you being injured or ill at work. It is one of the central pieces of legislation governing health and safety in the workplace.

There are several ways in which a workplace accident can happen as a result of the negligence of an employer. These include:

Faulty PPE. Some jobs require you to wear PPE to protect you from the risks of the role. For example, if you work in the construction industry, then you might need steel-toed boots or a hard hat. If you aren’t provided with PPE, or the equipment you’re given does not meet the minimum safety requirement, and you’re injured as a result, you could be entitled to claim.
Lack of training. Your employee should train you to be able to carry out your role. For example, if you work at a warehouse shifting heavy boxes, you should be trained on safe lifting techniques to avoid the risk of injuring your back.
Poor housekeeping. A work environment should be free of clutter and hazards, or you could risk an accident such as tripping and slipping. For example, if you work at a bar and are organising stock, empty boxes left on the floor could obstruct walkways and lead to you tripping over and breaking your leg. This could result in you claiming compensation for a leg injury.

Get in touch with our team for free legal advice.

Responding To Duty Of Care Breaches By An Employer

To succeed in a claim, it is crucial that you can prove your employer has acted negligently. If you have been hurt in an accident at work you should immediately get medical attention. Workplaces usually have a trained first aider on site. Not only will seeking medical attention give you the best chance of recovery, but it will also provide evidence you could use in your claim.

The next step involves gathering evidence of what happened. It is important to do this as quickly as you can. Some evidence, for example, CCTV footage, can become more difficult to obtain as time goes on. You should also consider taking photographs and collecting contact details from witnesses.

Fill out details of your injury in your work’s accident report book, if possible. This will prove important evidence of what happened. If you cannot fill out a report, a colleague can do this for you.

Finally, you should seek legal advice. Although it is not a requirement to use a lawyer, you may find that their support and guidance help make the claims process easier.

Use the banner below to get in touch with an advisor from our team. They may be able to offer you free legal advice about claiming compensation for an injury at work and connect you with a solicitor from our panel.

Using A Calculator To Determine Compensation For An Injury At Work

The amount of compensation you could receive for an accident at work depends on a number of factors.

When you make a claim for compensation, your settlement can consist of two heads of claim. General damages account for physical or mental harm that your injuries have caused you, including the impact on the quality of your life.

Below you can find some examples of injuries at work and how much you could be entitled to. All figures are valued in line with the Judicial College Guidelines. This is a publication that sets out guideline compensation brackets for a range of different injuries.

Injury Bracket	How Much?	Notes
Very Severe Brain Damage	£264,650 to £379,100	This level of brain damage will have a serious impact on the injured person’s quality of life and their senses. It may also cause severe physical limitations and result in a restricted life expectancy.
Severe (i) Neck Injuries	In the region of £139,210	Injuries in this bracket may lead to permanent paralysis of the neck.
Minor (i) Shoulder Injuries	£4,080 to £7,410	The level of compensation depends on the degree of pain experienced and how long the symptoms persevere for.
Severe (i) Back Injuries	£85,470 to £151,070	If the injury involves damage to the spinal cord and nerve roots, this could lead to severe pain and disability.
Wrist Injuries	£44,690 to £56,180	Complete loss of wrist function
Serious Hand Injuries	£27,220 to £58,100	The hand will have been reduced to 50% capacity
Moderate (i) Injuries to the Pelvis and Hips	£24,950 to £36,770	Cases in this bracket may cause significant injury but any permanent disability or future risk is not great.
Severe (i) Knee Injuries	£65,440 to £90,290	A serious knee injury may require lengthy treatment and cause considerable pain and loss of function.
Burns	Likely to exceed £98,380	Serious burn injuries tend to attract very high awards. The level of compensation will depend on considerations like the size and thickness of the burns, as well as a need for surgery.
Post-Traumatic Stress Disorder	£56,180 to £94,470	Severe cases may result in an injured person not being able to work at all. PTSD can affect all aspects of an injured person’s life.

Special damages, on the other hand, take into consideration any financial losses caused by an injury. The losses may have already been endured, or they could be projected costs for the future. This may include the cost of lost earnings, for example, or the potential for future loss of earnings.

Find more information about the cost of an accident at work here. Otherwise, if you’d like more information on claiming compensation for an injury at work, one of our advisors may be able to help you.

Can I Work With A No Win No Fee Solicitor For My Claim?

There are several factors you should consider when choosing accident at work lawyers. One consideration is whether they can work on a No Win No Fee basis, which is a way of funding legal representation.

Hiring solicitors to represent you in the traditional way can be a costly process, but this approach offers a more affordable way to pay legal costs. In usual practice, you would be expected to pay the costs of hiring a solicitor upfront, despite there being no guarantee that you will be compensated at the end of the claims process. This is why you may want to consider a No Win No Fee agreement.

Making a No Win No Fee claim means you don’t have to pay any upfront costs to your solicitor. If the case fails, you won’t have to pay any fees at all.

Should you receive compensation, a solicitor can deduct a legally capped percentage of the award. This success fee means that you’re always guaranteed to receive the majority of the settlement you’re awarded.

Talk To Our Helpful Team About Claiming Compensation For An Injury At Work

If you are considering taking out a No Win No Fee agreement for a claim for compensation for an injury at work, our advisors can connect you with someone from our panel of personal injury solicitors.

To get in touch, you can:

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More Resources About Claiming Compensation For An Injury At Work

Thank you for taking the time to read this guide. We’ve also included some handy resources below that you may find useful when seeking compensation for an injury at work.

Reportable Incidents– This guidance from HSE states what incidents employers must report to them.
Request CCTV Footage– You can request CCTV footage of yourself; this may be useful evidence when making a claim.
When To Call 999– The NHS provides this guidance on when to call an ambulance in the event of injury or illness.

You can read more of our guides below too:

If you have any more questions on how to claim compensation for an injury at work, please don’t hesitate to get in touch with our team of advisors.

How Much Compensation For An Injury At Work Could I Receive?