How to file a personal injury claim for having an accident at work

In the past years, 142 workers in the UK lost their lives, and 4,340 suffered from non-fatal accidents. Most of them were employed in the manufacturing and accommodation industries, some of the most dangerous that are not always provided with the proper training or working tools. Injuries at work occur more often than you’d think, and if you want to make sure you know how to handle such a situation, here’s what you need to file a personal injury claim for having an accident at work.

Gather evidence

Suppose the accident already happened and you’re not severely injured. If you can move and are conscious enough, you need to call for help and then proceed to gather evidence. It could mean anything from:

  • Photos, videos or audio recordings after the incident showing your injuries and the place where the accident happened
  • Talk with any witnesses and take their statements, maybe your co-workers or people on the street saw the whole incident, and it’s important to have someone else’s opinion support your statement 
  • You could ask for CCTV footage in the area to ensure that the accident has undoubtedly happened and you’re not wrongfully accusing your employer
  • Keep all the medical evidence, from the hospital bill to the medical reports. They are needed for when you’ll be in a position to know how much your claim is worth.

Get in touch with a solicitor 

The next step is to contact a solicitor specializing in accidents at work who can guide you towards filing your claim. With the evidence you have, they can provide a strong call regarding your case and make it successful, giving you the right compensation. According to personal injury claims, in order to become eligible, your case has to meet the requirements as follows:

  1. Your employer (the third party) had a duty of care to you, meaning that they needed to provide safety at the workplace and proper equipment and training.
  2. Due to the lack of any of these requirements, they breached their duty of care, and that caused an accident.
  3. That accident led to your injury, be it mild or more severe.

As you can see, these situations are linked to one another, and you need to prove that your employer was the main cause of the accident, and it’s not that challenging if you complete all the steps above regarding the evidence. Still, you’d need a solicitor to offer proper information and advice so you won’t be taken by surprise if the other parties try to negate or use wrongful counterattacks to win.

Keep in mind that there is a time limit for making your accident at work claim. You need to start your claim within three years of the accident or within three years of becoming aware that the negligence contributed to your injury (for example, if you’ve suffered internal issues).

How to know an employer’s duty of care?

There are plenty of regulations in the UK stating an employer’s duty of care and accidents at work. So, you might want to consult the Health and Safety at Work or the Provision and Use of Work Equipment Regulations. Regarding these laws, if you’re wondering what counts as an accident at work, here are some examples where you can file a claim:

  • If you slipped on a wet floor that wasn’t provided with warning signs.
  • If you tripped on wiring that wasn’t secured properly and your employer hasn’t checked it before to ensure safety.
  • If you fell from a ladder because your work equipment wasn’t functioning as it should, even though your employer knew about this faulty.

After the accident and the damage was done, you’re waiting for your compensation. But you should know that there isn’t a fixed compensation for every injury, and it depends on many factors, such as the area of your injury and the intensity of the damages. For example, if you’ve suffered from general damages (physical and mental pain caused by the accident), the compensation will be calculated based on the extent and severity of your injury. For instance:

  • For a relatively simple injury of your chest, you could get up to £16,860. The consequences of this injury include a penetrating wound leading to permanent tissue damage.
  • For a moderate brain injury, the compensation can get to £205,580. That includes severe intellectual deficit, risk of epilepsy and no prospect of employment.

What is a No Win No Fee claim?

If you suffered from an injury that wasn’t your fault, it would be best to contact a No Win No Fee solicitor. There are a few advantages to this method because you won’t pay any upfront fees, and you can agree with your legal representative about what the commission would be if they’re winning your case. Therefore, if they can’t make your case successful and provide the means to get your compensation, you’ll pay nothing. Instead, if your solicitor is able to win your case, they’ll only get a small amount from your compensation that you’ve both agreed on before.

Don’t forget to take care of your injuries

Even if this is not the most pleasant situation to happen to you, it’s important to pay attention to your injuries and focus on your health. Otherwise, you might not be able to file the claim and prove that you’ve been wounded due to someone else’s negligence. Getting your compensation can help you cover other costs in order to regain your physical and mental activity and overcome the situation by going to therapy and making sure you’re healing all the trauma. Regardless of the final decision about your claim, it would be best if you focused on your health.

Final thoughts

Filing an accident at work claim can be draining if it’s something you’ve never been through before, but with the help of a solicitor and your family’s support, you’ll be able to get through it. Remember to be aware of these situations and point out any issues at the workplace to ensure that you’re not at fault. In the end, it’s good to spread awareness about the practices of the employers and make sure you’re working in a safe location.

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