If a breach of health and safety at work led to an accident that caused your injuries, you might have grounds to make a claim. You would need to be able to demonstrate that it was caused by employer negligence.
Claiming When Injured Due To A Breach Of Health And Safety At Work
Within this guide, we will explain what steps you can take in order to make a successful claim against your employer for their negligence. Additionally, you can learn about the work injury claim time limit and how much you could be entitled to if your claim is a success.
If you’re interested in working with accident at work solicitors or need more help with your claim, contact our advisors today. Our personal injury claims specialists are available 24/7 to answer any questions you may have.
- Complete the contact form to request a callback
- Call us on 0113 460 1216
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Jump To A Section
- When Are You Able To Claim For A Breach Of Health and Safety?
- Examples Of How An Employer Could Commit A Breach Of Health And Safety At Work
- Potential Compensation Payouts From An Accident At Work Claim
- What Evidence Could Help You Claim For A Breach Of Health and Safety At Work?
- Use Our Panel Of No Win No Fee Solicitors To Make An Accident At Work Claim
- Learn More About Claiming Compensation For An Injury At Work
When Are You Able To Claim For A Breach Of Health and Safety?
The Heath and Safety at Work etc. Act 1974 states that all employers owe their employees a duty of care. This means taking reasonable steps to safeguard those who work for them. There are other pieces of legislation that more specifically outline what they need to do, including The Management of Health and Safety at Work Regulations 1999 for example.
In order to sue your employer for a work accident, you must prove that:
- You were owed a duty of care
- This duty of care was breached
- You suffered injuries in an accident caused by the breach
All of these conditions come together to form the definition of negligence. Further in this guide, we will include examples of evidence for a breach of health and safety at work claim. If you’re unsure about any aspect of your case after reading this guide, please don’t hesitate to contact our advisors for free legal advice.
Examples Of How An Employer Could Commit A Breach Of Health And Safety At Work
Employer negligence could lead to workplace accidents in a number of ways. For example:
- Your employer fails to complete regular maintenance checks on the equipment you use for your duties. A factory accident could occur if the machinery malfunctions while in use, leading to a crush injury.
- When the floor is being cleaned, the wrong cleaning solution was used meaning the surface was overly slippery even when dry. This could lead to slip, trip and fall accidents.
- You cut yourself on a power saw after your employer failed to supply you with the training you need to conduct yourself safely.
- Personal Protective Equipment (PPE) isn’t provided despite you needing it to safely carry out your role. As a result, you suffer from a head injury.
If you’ve suffered injuries from a breach of health and safety legislation, you may have grounds to seek a settlement. Read on to learn more about the accident at work claims process. Alternatively, you can call our advisors for support.
How Long After An Accident Could You Make A Work Injury Claim?
There is a general three-year time limit for personal injury claims. The Limitation Act 1980 states that this begins once the accident has taken place. The time limit applies to starting proceedings; there’s no need to finish the claim within this period of time.
However, there are some exceptions to this time limit where a litigation friend could claim on behalf of the injured person. Our advisors can support you if you’re unsure about whether you’re within the time limit for making a claim. Call us today with any questions you may have.
Potential Compensation Payouts From An Accident At Work Claim
Settlements in personal injury claims can consist of two heads of claim: general and special damages. The former allows you to seek compensation for the physical and psychological suffering your injuries have caused you.
You don’t need to use an injury at work claim calculator to see how much your claim could be worth. Legal professionals use a publication known as the Judicial College Guidelines (JCG) to calculate general damages in accident-at-work claims.
Below, you will find a table that displays compensation brackets from the JCG. This list isn’t extensive and should not be treated as a guarantee; instead, it should be looked at as a guide. For a personalised compensation estimation of your injuries, contact our advisors today.
| Injury | Compensation | Description |
|---|---|---|
| Severe Neck Injury (a) (i) | In the region of £148,330 | Severe headaches will affect the injured person despite wearing a collar for a period of years after injury. |
| Moderate Neck Injury (b) (i) | £23,990 to £38,490 | Neck fractures and dislocations in this bracket cause chronic conditions and may necessitate spinal fusion. |
| Chest Injury (b) | £65,740 to £100,670 | Traumatic injury to the chest causes permanent damage, physical disability and reduces life expectancy. |
| Chest Injury (d) | £12,590 to £17,960 | A single penetrating chest wound or another relatively simple injury that causes permanent tissue damage without long-term effect on the lungs. |
| Wrist Injury (b) | £24,500 to £39,170 | Some useful movement in the wrist remains, but significant disabilities will result from injury. |
| Wrist Injury (c) | £12,590 to £24,500 | A degree of stiffness and persisting pain with other permanent disability may persist after a less severe injuries. |
| Severe Shoulder Injury (a) | £19,200 to £48,030 | Serious brachial plexus injuries associated with neck injuries cause significant symptoms in the neck and/or arms. |
| Serious Shoulder Injury (b) | £12,770 t0 £19,200 | Shoulder dislocation and lower brachial plexus damage cause sensory symptoms in the forearm, weakness of grip and restricted shoulder movement. |
| Serious Foot Injury (e) | £24,990 to £39,200 | Foot injuries with continuous pain, prolonged treatment and risk of fusion surgery. |
| Moderate Foot Injury (f) | £13,740 to £24,990 | Deformity alongside other symptoms are caused by displaced metatarsal fractures within the foot. Future surgery may be required. |
Claiming For Special Damages In A Workplace Injury Claim
If your workplace accident in which you were injured led to you suffering financial losses, you could seek compensation for these through special damages. This can include any losses that directly occurred as a result of your injuries. For example:
- Travel expenses
- Alterations to your home, such as widened doorways for wheelchair access
- Loss of earnings
- Care costs
As with all aspects of your claim, you must provide evidence that employer negligence caused damages in order to seek compensation. For evidence of financial losses, you should keep all receipts, prescriptions and payslips that may relate to your case.
See below for a further discussion on providing valid evidence. Alternatively, you can call our team using the banner above for further support.
What Evidence Could Help You Claim For A Breach Of Health and Safety At Work?
You must provide valid evidence of employer negligence in order to prove a personal injury claim. For example, you could collect:
- A copy of the log report in the accident workbook
- CCTV footage of the accident
- Details of witnesses
- Medical evidence, including copies of scans and hospital reports
A solicitor could help you in the process of collecting evidence. Our team can support you with free legal advice. Furthermore, if they feel you have a valid claim, they could connect you with a No Win No Fee solicitor from our panel.
Use Our Panel Of No Win No Fee Solicitors To Make An Accident At Work Claim
You might benefit from working with a No Win No Fee solicitor. Specifically, you could work with a solicitor from our panel with a kind of No Win No Fee agreement called a Conditional Fee Agreement.
With this in place, you typically aren’t required to pay your lawyer for the work they’ve done if your claim doesn’t result in you being awarded compensation. If you are awarded compensation, your solicitor will deduct a success fee from your settlement award. This fee is capped to ensure you keep most of the payout.
If your claim holds a chance of success, our advisors can connect you with a solicitor from our panel. Your solicitor will discuss the aspects of a No Win No Fee claim before you agree to move ahead with your case.
To start the claims process for a breach of health and safety at work, contact us today.
- Call 0113 460 1216
- Use the live chat to speak to us directly
- Fill out the contact form
Learn More About Claiming Compensation For An Injury At Work
Here, you can find more of our personal injury guides.
For further research following a breach of health and safety at work, use the links below.
Writer Jess Angler
Publisher Fern Stringer
