How to Make an Accident at Work Claim
Accidents can happen in any workplace. If you have been injured at work because your employer failed to take reasonable steps to keep you safe, you may be entitled to claim compensation.
Key Takeaways
- You may be able to claim compensation if your injuries were caused by a breach of duty of care.
- To improve the chances of success, you should report the accident and gather as much evidence as possible.
- There is a 3 year time limit for starting a claim for workplace injuries
Can I Claim Compensation for an Accident at Work?
You may be entitled to claim compensation following an accident at work that could have been prevented if your employer or another party took reasonable steps to protect your health and safety.
A successful claim must demonstrate that someone owed you a duty of care and your accident was caused by that breach of care.
What Workplace Accidents Can I Claim For?
Workplace accidents can take many forms, including but not limited to:
- Slips, trips and falls
- Manual handling injuries
- Falls from height
- Accidents involving machinery or vehicles
- Injuries caused by defective equipment
- Injuries resulting from inadequate training, supervision or safety procedures
- Injuries caused by another employee
An accident at work does not automatically mean that your employer is responsible. To bring a successful claim, it will generally be necessary to establish that your employer was negligent or otherwise breached a legal duty and that this caused your injury.
What Should I Do After an Accident?
Here is a helpful step by step guide:
- Report the accident. Make sure your employer is told about what happened and that the accident is recorded in the accident book or incident reporting system.
- Seek medical attention. Importantly, seek medical attention for your injuries for both your safety and your claim. Keep a record of your medical visits, your diagnosis, treatment, prescriptions and therapies.
- Keep evidence. If possible, take photographs of the accident location, equipment or hazard. Make a note of any witnesses. Keep copies of relevant correspondence and records of your financial losses.
- Obtain legal advice. Early advice can help ensure important evidence, such as CCTV footage and workplace records, is preserved.
What Compensation Could I Receive?
If your claim is successful, compensation may be available for your injury and financial losses resulting from the accident. Depending on the circumstances, this could include compensation for:
- Pain, suffering and loss of amenity
- Loss of earnings
- Medical and treatment expenses
- Travel costs and
- Care and assistance
If you were partly responsible for the accident, you may still be able to claim, although your compensation could be reduced to reflect your share of responsibility.
How Long Do I Have to Claim?
There is a three year time limit for bringing a personal injury claim, with some exceptions. Early investigation can also be crucial in preserving evidence and obtaining witness accounts while events are still fresh in people’s minds.
Frequently Asked Questions
Will making a claim affect my employment?
Your employer should not treat you unfairly for raising legitimate claims about health and safety and pursuing compensation for any injuries. A solicitor will be able to advise you of your position and explain your options.
How long do workplace injury compensation claims take?
The timescales depend on the complexity of your case and the extent of your injuries. You should get in contact with a solicitor as soon as possible.
How Can We Help?
Our experienced personal injury team can investigate the circumstances of your accident, advise you on whether you have a claim and deal with the relevant insurers on your behalf.
If you have been injured at work and believe someone else may be responsible and you would like to understand your options, contact our team on 0330 123 1229, complete our contact form or email info@smithpartnership.co.uk.
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