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Here at Hampson Hughes Solicitors, we understand that making a claim for an accident at work can be a daunting prospect. Many people feel anxious about claiming against an employer, but you are actually claiming against your employers’ insurance policy. We can guide you through this process making it as straightforward and easy as possible.
So, if you feel your employer could have done more to prevent your workplace injury, contact our expert team of accident at work solicitors today. We may also be able to help if you are self-employed and you have been injured in an accident that was not your fault whilst carrying out contracted work.
Accidents at work claims arise when employers fail to protect their employees from hazards in the workplace. The Health and Safety at Work Act 1974 places a duty on all employers “to ensure, so far as is reasonably practicable, the health, safety and welfare at work” of all their employees.
The act outlines the following key points that employers must ensure:
Medical damages may be awarded to offset the cost of any reasonable and necessary medical treatment required as a result of your injury at work.
As part of your accident at work compensation claim, you may also claim for any direct impact your accident and injury has had to everyday life.
You may be eligible to claim compensation where your daily activities such as shopping, housework or driving have been affected.
Loss of earnings may be awarded where time away from work is authorised by a doctor.
You may also be eligible to claim for loss of future earnings where your injury prevents an immediate return to the workplace.
You can claim for any injuries you’ve sustained in a workplace accident.
The extent of your injuries; recovery time and the impact these injuries have had on your subsequent quality of life will all be taken into consideration when determining the compensation awarded.
If you have been injured in an accident at work and your employer has failed to meet their responsibilities, you can claim compensation by with a work accident claim. Compensation would be rewarded to you if your work injury claim is successful and this would be paid from your employer’s liability insurance.
You are claiming against your employers’ insurance policy. All employers are legally required to have adequate insurance in place to cover them in the event of an accident at work. This means that they will not be paying your compensation out of any company profit. Rest assured any reputable employer will recognise that your claim is not personal; you are merely exercising your right to seek compensation, which will aid your recovery and reimburse you for any financial losses you have sustained as a result of the accident. Please note, the insurance company will deal with the claim on behalf of your employer, so your employer will not be conducting the claim themselves.
It doesn’t matter if you are full-time; part-time; on a short-term contract or are a temporary worker. All employees are governed by the same health and safety at work regulations and have the same right to pursue a claim for personal injury compensation if the accident was a result of negligence in the workplace.
Most self-employed workers assume that accident at work claims do not apply to them. The reason being, if they work for themselves, how can somebody else be held responsible for their work-related injuries? And, more importantly, who can they claim against? When it comes to compensation claims, self-employed workers do fall into a different category from company employees. However, while self-employed workers are responsible for their own safety, there are instances in which they may be able to pursue an accident at work claim if their injuries were caused as a result of somebody else’s mistake or negligence.
If the company you were employed by at the time of your accident is no longer trading it is still possible for a claim to be made. You can still claim compensation from the insurer who issued the employers’ liability insurance policy, which was in force at the time of your accident.
Anyone can claim for workplace injury compensation; however the following 3 criteria must be met:
This is not an exhaustive list, so even if your cause of injury does not appear here, you may still have a case to pursue a workplace accident compensation claim. Get in touch with our expert team of personal injury solicitors and they will be able to advise you on our range of legal services.
The amount of compensation you will receive will depend on the type and extent of the injury or injuries you sustained during the accident.
Here are some of the most common workplace injuries:
|Type of Injury||Compensation Amount|
|Severe back injuryin complete paralysis, nerve damage, loss of sensation, mobility issues||£34,000 to £141,150|
|Severe shoulder injurydamage to the brachial plexus with significant disability||£16,830 to £42,110|
|Severe wrist injurycomplete loss of function in wrist||£41,760 to £52,490|
|Leg InjurySimple fracture of tibia or fibula or simple soft tissue injury to leg||Up to £10,380|
|Serious knee injuriesleg fracture extending to knee joint, limiting movement||£45,700 to £61,140|
|Modest ankle injuriesstandards fractures, sprains and ligament injuries||Up to £12,050|
|Modest foot injuriessimple fractures, ruptured ligaments, puncture wounds||Up to £12,050|
Where possible, Hampson Hughes Solicitors advise gathering evidence as soon as you can in support of your workplace accident claim:
Report your injury or illness to your employer and make sure they record it in the company’s accident book
Take photos of any injuries you sustained in the accident
Make a note of any visits to your GP or physiotherapist following the accident
Keep any documents relating to your medical care – prescription orders, receipts, x-rays etc.
Keep any letters from your employer evidencing lost working hours and income
Keep receipts for any other out of pocket expenses you have incurred as a result of your accident such as taxi fares etc.
Extra charges for any medical expenses are usually added to the basic injury compensation
In specific cases, the claim also considers other lifestyle infringements resulting from the personal injury.
If the damage has adversely affected your ability to earn income, this factor will be considered in the final compensation package.
Different compensation tiers apply to different types of physical injuries.
Suffering a personal injury can mean having to deal with costly medical bills, changing your daily routine and missing work. Combining this with the additional thought given to pursuing a legal claim can be a strain for many, so it is important to seek legal assistance from experienced accident injury solicitors in order to give you the peace of mind that comes with quality legal care. Should you instruct Hampson Hughes Solicitors you will receive the following from our accident solicitors:
Training and experience sets professional accident claim solicitors apart from the rest. Here at Hampson Hughes, we assign each client wishing to pursue accident at work claims to an expert accident solicitor to guarantee reliable legal advice and services. Our skilled and diligent team of accident claim lawyers offer vast expertise and experience in personal injury law. Should you wish to discuss your accident at work claim with one of our specialist solicitors please contact us by phone or email as soon as possible.
Here at Hampson Hughes, we encourage our past clients to review the legal services of our accident claim solicitors to give potential clients an insight into the way we work. We guarantee trusted legal services at some of the most competitive rates in the industry. We let you to speak to one of personal injury lawyers via a free consultation meeting, allowing you to ask about your possible claim, as well as our solicitor’s experience in handling similar cases in the past.
Once you have instructed your personal injury lawyer, it is important to be provided with clear lines of communication, allowing you to understand the legal process throughout the course of your claim. You may need to attend appointments to discuss details with your accident claim lawyer, so it is important to find a firm of solicitors who you can trust and rely upon.
As you select your accident injury solicitors it is important to consider any possible legal costs involved with making your claim. You need to ensure that you understand all of the terms and conditions provided to you by your solicitor and particularly what proportion of your compensation will be paid towards your legal costs.