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Accident At Work Claims
An accident at work can turn your whole life upside down. Not only are you dealing with an injury, but you may be worrying about the impact it’s going to have on everything from your family life to your finances.
Work accident solicitors Newcastle
Our work accident solicitors are based at our Newcastle office and have over 25 years experience obtaining work injury compensation for clients locally and throughout the UK.
True’s expert personal injury solicitors will fight to recoup your loss of earnings, medical expenses and care costs to get your life back on track.
Contact us today for a free, initial assessment of your work accident claim. Submit your details below or call us on 0344 854 7000. A member of our personal injury team will call you back to discuss your claim, at a time that is convenient for you. We are No Win, No Fee injury at work solicitors.
Can I claim for an accident at work?
If you have been injured at work due to the negligent actions of your employer you could be entitled to make a claim. Your employer is responsible for your wellbeing in the workplace, and must adhere to strict health and safety regulations. If you are therefore injured due to your employer failing to meet their responsibilities, you can claim compensation.
What are examples of accident at work claims?
A work accident is that which results in a physical injury caused as a result of a work-based activity. We deal with accident at work claims arising from:
- Slips, trips, and falls caused by wet or uneven floors, loose cables, or faulty equipment.
- Manual handling injuries such as injuries caused by lifting heavy items without being given proper training or lifting aids.
- Injuries caused by a lack of proper training, faulty equipment, or a work colleague’s actions.
- Burns, scars and lacerations
- Falls from height
- Head and brain injuries
- Scaffolding accidents
- Forklift truck accidents
- Electric shocks
- Kitchen accidents
- Farm accidents
Read more on our ‘What is classed as an accident at work?’ guide.
What should I do if I have an accident at work?
If you’ve been injured in an accident in the workplace you should follow the below steps to maintain your safety and to provide evidence for any future work accident claim:
1. Make sure you see your doctor as soon as you can. The priority here is your recovery and making sure your injuries are tended to. It will be reassuring for you to discuss your injuries with a doctor, and most importantly this will be recorded in your medical records – which may be used as evidence in your case.
2. Report the accident to your employer. Make sure that the details of your accident are accurately recorded in your employer’s accident book. If there is no accident book, write down what happened and give it to your employer. Keep a copy for yourself too.
3. Get the names and contact details of any witnesses.
4. If possible, take photos of the scene of the accident. This can be very helpful if you wish to pursue a claim and your employer doesn’t admit liability.
5. Keep a diary of all of your symptoms.
6. Keep a record of you expenses and losses.
7. Speak to a specialist accident at work lawyer for legal advice on making a claim.
Read our Steps to take after an accident at work guide for more information.
What responsibilities does my employer have if I am injured at work?
In order to comply with extensive health and safety regulations, an employer has a legal duty to:
- Provide you with a safe workplace
- Provide you with adequate training
- Provide you with safe ways of working
- Provide you with safe equipment
- Provide you with proper safety clothing (lack of PPE)
If your employer has failed to meet these responsibilities and that led to you suffering an injury at work, you will be entitled to compensation for those injuries and any financial losses, such as lost earnings.
We understand that you may be reluctant to bring a claim against your employer. Rest assured any claim would be dealt with by your employer’s insurers. Insurance for accidents suffered by their staff is compulsory for your employer, no matter how small their business or how few staff they employ.
Plus, your employer cannot treat you any differently, nor can they dismiss you, as a result of making a claim. Your claim will help highlight a safety issue, which will help protect your co-workers from being injured in the same way.
Read our guide on employer responsibilities following an accident at work for more information.
Can I make a claim if a colleague caused my injuries?
It is ultimately your employers responsibility for your health and safety in the workplace. Even if your injuries are caused due to the negligence of a colleague, you are still eligible to make a claim against your employer.
Who is eligible to make a claim?
You may be eligible to make an accident at work claim for if you have suffered an injury at work within the last three years. It doesn’t matter which type of employment contract you are on, you can make a claim whether you are a full time, part time, temporary, fixed-term, agency worker, contractor or sub-contractor. If an employer’s negligent actions caused you to be injured it could be possible for you to make an accident at work claim.
Which industries are most at risk of workplace accidents?
All industries are at risk of the event of workplace accidents if they do not follow the correct health and safety procedures. Accidents are however more commonly found in the following industries:
True Solicitors are experienced in handling construction site accident claims, warehouse injury claims and manufacturing injury compensation claims. Read our guide on: Which industries are most at risk of workplace accidents for more information.
How much compensation will I get if I am injured at work?
Injury at work compensation amounts vary depending on the individual circumstances of your accident. Those injured can typically claim for:
- Loss of earnings.
- Injury compensation.
- Medical expenses such as rehabilitation fees, prescription charges, painkillers etc.
- Compensation for the care and support.
Your compensation will be calculated using the evidence that we gather. The amount will depend on factors such as:
- The severity of your injury
- How your life has been affected by the injury or illness
- Your future care and support needs
- Financial losses, including how much money you’ve lost or will lose resulting from the accident (e.g. loss of earnings, travel expenses)
- Specialist equipment and adaptations you may need
To get an idea of the compensation that you could receive for any physical injuries that you have suffered please use our accident at work compensation calculator.
Can I lose my job if I make a claim against my employer?
A lot of people are put off from making a work compensation claim out of the fear that they will lose their job. It is however illegal for your employer to dismiss you on the basis of you making a personal injury claim against them.
No matter what the size of the company, they are required, by law, to have employer’s liability insurance in place, to cover them for worker injuries. It is therefore important to know that your claim will be against your employer’s insurance company and not directly handled by your employer.
Read our ‘Can I lose my job after an accident at work claim?’ guide here.
Can I make a workplace accident claim on a ‘no win, no fee’ basis?
If you have had an accident that wasn’t your fault, you may be eligible to make a No Win, No Fee claim through us. This simply means that should we not win your case, you will not need to pay us a penny to cover your legal fees.
If you win your case your opponent will pay most of your legal costs.
Any legal costs not paid by your opponent will be deducted from the compensation that you receive. These costs include:
- The cost of your no win no fee insurance policy
- Some of your basic legal costs which can’t be recovered from your opponent
- A “success fee” which compensates us for the risk that if your claim was unsuccessful then we would not be paid at all.
Your solicitor will discuss this with you in advance, so you’ll know what to expect when your claim settles.
Is there a time limit for making an accident at work claim?
You have up to 3 years from the date of the accident to lodge a claim with the court, and while we completely understand that you may not wish to start a claim straight away, the sooner the claim is made the better. Focusing on getting better is your ultimate priority, but it is also important to make a claim as soon as possible while the evidence and the memories of you and your witnesses are fresh. Of course, if your accident was some time ago then do not worry, as long as it is within the 3-year time limit a claim may still be possible.
What happens after a workplace accident?
If you have been injured in an accident at work there are a number of steps that you should take. This includes seeking medical attention as your number one priority, followed by reporting the accident to your employer, getting the names and contact details of any witnesses and then instructing a solicitor – should you wish to seek legal advice.
Read our steps to take after an accident at work guide for more information.
What do I need to prove an injury at work claim?
In order for your claim to be successful your solicitor will need to be able to prove that your injuries or industrial illness was caused as a direct consequence of the negligent actions of your employer. Evidence that can support your claim include:
- Photos and video evidence of faulty or dangerous equipment.
- Photos from the scene of the accident highlighting the hazardous working conditions.
- Witness statements.
- Medical records.
- Photos of your injuries.
Who pays compensation for a work accident?
All employers, no matter how big or small their company is, are required to have public liability insurance to cover them in the eventuality of someone becoming injured whilst at work. It is therefore the insurance company that will pay out the compensation and not the employer themselves.
Can I make a claim if it was partly my fault?
You may still be able to make a claim if you were partly at fault for causing the accident, or your actions contributed to making your injuries worse. This is known legally as contributory negligence, or split liability.
If the evidence points to both parties being at fault then the case may settle on a ‘split liability’ liability basis where each party is compensated in accordance with the percentage they were at fault.
Can I claim if my employer has ceased trading?
You can still make a claim even if your employer has ceased trading, as long as the injury happened during your employment, and the accident happened in the last three years. It is however likely that the claims process will take a lot longer, as your solicitor will need to allocate more time to tracking down your ex-employer’s insurance company at the time of your accident.
Accident at work solicitors
If you would like to speak to one of our solicitors for advice, an initial assessment, or simply to have any questions regarding the claims process answered, call us on 0344 854 7000 or submit your details via our online enquiry form.
Accident at work compensation case studies
Read how we have helped clients like you obtain compensation, rehabilitation and support after an accident at work below:
Step one: We submit your claim – we will establish who was at fault and submit a claim on your behalf.
Step two: We gather the evidence – we will collect all of the evidence needed to prove your claim, arrange a medical examination for you, and, if appropriate, arrange treatment to assist with your recovery.
Step three: You win your claim – we will fight hard on your behalf to recover maximum compensation in the shortest time. We’ll focus on the claim and the legal matters, so you can focus on recuperating.
How long will my claim take?
The length of accident at work claims depend on whether the other party admits fault, the severity of the injury, and the extent of the claim for losses and expenses. Straightforward accident at work claims may settle within a few months, whereas complex cases may take in excess of a year. No matter how long it takes, TRUE Solicitors will be by your side throughout. Our goal is to win the maximum amount of compensation for you, in the shortest possible time.Get in Touch