Claiming For An Accident At Work
If you’ve had an accident at work you may be wondering if you can make a compensation claim. If you have been impacted by an accident at work you may feel unsure if you are able to make a claim-this article should help you establish if you could make a claim. If you are in any doubt don’t hesitate to get in touch and we will discuss your case with you.
It is important to remember that if the accident was caused by someone else’s negligence, such as an employer or a colleague, then you may be entitled to claim compensation.
As long as the accident was caused by another person’s negligence, you are likely to be eligible to make a claim. Understanding who is at fault for an accident is the most important aspect in determining whether a personal injury claim has validity or not.
Accident At Work Types
There are many different types of accidents that you could fall victim to while at work. Some of the most common accident at work claims include:
- Slip, trip and fall accident
- Fall from height accidents – these are particularly common on building or construction sites but they can also occur in other professions such as roofing or occupations that involve working at a height or the use of equipment like ladders.
- Crushing – these types of accidents are especially likely in a mechanical, manufacturing or factory setting.
- Inhaling – these types of claims generally occur if you work with chemicals such as paint sprayers or if you are using cleaning chemicals but they can also occur from exposure to a range of substances in a variety of occupations. If you have experienced respiratory symptoms such as breathlessness/wheezing and/or coughing and these started when you began your job or shortly afterwards then you should seek medical and legal advice. You may also be able to claim if you have a pre-existing condition such as Asthma which is made worse by your exposure.
- Accidents resulting in cuts and lacerations or loss of limbs – such as accidents involving knives or saws.
- Industrial deafness and hearing loss/Tinnitus – these types of injuries are often caused by exposure to excessive levels of noise. The exposure could have occurred many years before you began to notice your symptoms but you still can make a claim. If you have been diagnosed with noise induced hearing loss and/or tinnitus or if you think you suffer from the symptoms of hearing loss, you could be able to claim. You could have been told that you have the symptoms of industrial deafness/hearing loss/Tinnitus by an occupational health department or your friends and family may have made comments about your hearing loss. If you have worked in previously noisy environments and have suffered hearing loss as a result, please contact our team to make an enquiry.
- Dermatitis claims– These types of claims generally occur if you work chemicals such as cleaning chemicals but they can also occur from exposure to a range of substances in many different occupations. They can also occur from habits like excessive hand washing. If you have experienced a rash or any other form of skin condition that started when you started coming into contact with chemicals at your job, or shortly afterwards, then you should seek medical and legal advice. You may also be able to claim if you have a pre-existing condition such as Eczema which is made worse by your exposure.
- Repetitive strain injuries – often these sorts of injuries are caused by carrying out highly repetitive and sometimes forceful actions in environments such as production lines in factories. Conditions referred to as Repetitive Strain Injuries such as carpel tunnel syndrome can also occur in offices where you are required to work in poor ergonomic conditions.
- Manual handling accidents – especially likely to happen if you are a delivery driver or work in a warehouse or similar setting where you may be expected to lift or move heavy and/or awkward items such as items of furniture.
- Accidents while driving – these types of accidents often occur if you work as a taxi driver, lorry driver or operate some form of machinery such as a fork lift truck/tractor at work.
While many of these accidents can be devastating, simply being injured in this type of scenario does not mean that you can make an injury claim.
Personal Injury Claims And Negligence
You can only claim if you can prove that the accident and/or the conditions of your workplace that caused your accident was caused by some form of negligence. There are many different ways that negligence could cause an accident to happen. For example, if your employer has failed to provide you with the correct personal protective equipment (PPE) for your job role, you could suffer industrial deafness or develop an illness.
Similarly, if your employer has failed to give you the necessary training to complete your job role safely, you could claim for your injuries. For example, if your job involves driving a forklift truck and you were not properly trained on how to perform this task, you could claim if you are injured as a result.
You may have made complaints to your employer about your injury. If they have failed to risk assess your working practices/your work environment and/or they have failed to take any action to modify your work or to provide you with PPE or suitable ergonomic equipment to help alleviate or prevent your pain, you could be able to claim.
You could be injured because of the poor behaviour of a colleague. For example, your colleague could have failed to follow the proper training/health and safety procedures when carrying out a task. Similarly, your colleague could have made a severe error of judgement at work, causing you to be injured as a result. For example, if a colleague is driving a van/truck/lorry and they fall asleep at the wheel while you are in the car, you could potentially be injured. If you’ve been injured due to the negligent behaviour of a colleague, you could be able to claim compensation.
Strengthen Your Case
If you’re wondering about whether you can claim for an accident at work, there are certain steps that you can take to improve your chances. You should:
- Take photographs of the accident area or your work station to highlight the problem – if your accident was caused by an unsafe structure or environment. If you are making a claim for an occupational illness such as repetitive strain injury or Dermatitis then you should take videos or photographs of you carrying out your job role/of your working conditions to highlight the issue.
- Take photographs of your injuries.
- File a report with your manager or supervisor – every business has a work accident book where you should always fill in a report of an accident after one occurs in the workplace. If your employer fails to allow you to do make this report, you should send an email to the company, detailing your accident, as this can also act as a record of events. If you are asked to sign this report then it is important that you check the accident circumstances and the cause of the accident are recorded correctly. If you do not agree with the report then you should ask that this is amended before signing the report.
- Visit the hospital/ seek medical attention – if your injuries were serious you probably went to the hospital immediately following your accident. However, if your injuries did not cause you to do go to the hospital but you are still suffering, then you should visit your GP as soon as possible for an assessment. This helps to protect your health but it also helps to ensure that a paper trail is created that documents your accident. When attending your GP or the hospital, it is important that you provide an accurate account of the circumstances including dates and times as these notes will be used as evidence when assessing your claim.
Calculating Compensation For An Accident At Work
There are many different factors that are taken into consideration when calculating how much compensation you are likely to receive after suffering an accident at work. Such factors include:
- Pain and suffering caused – compensation takes into account the amount of trauma, pain and suffering that your injuries have caused. For example, this would account for the severity of the injuries and the amount of time that it has taken for you to heal.
- Loss of Amenity – If you have been unable to do certain tasks that you used to be able to complete before, compensation may be able to cover such losses. For example, if you can no longer complete certain hobbies, compensation may take this into account. This sort of loss can often lead to a drop in your quality of life, creating emotional frustration which could possibly lead to depression or anxiety. Therefore, a claim can often attempt to note this sort of loss in the amount of money awarded.
- Cost of Medical Treatment and Travel for Medical Treatment – If you have had to pay for consultations, prescriptions, physiotherapists or any other such treatment, compensation may be able to cover this. If you had to pay to travel to these sorts of appointments, you may also be able to claim this back through compensation.
- Loss of Income – if you have been unable to work and have suffered a loss of income, you may be able to claim this back through compensation. A doctor will normally have to certify that you are unable to work for this to count.
It is important to note that there is usually a three-year time limit for claiming compensation after a work-related accident. This three-year limit begins upon the date that your injury occurred. If you have developed a condition or disease, rather than being injured, you can usually claim for three-years after you first noticed symptoms. Still, it is important to get in touch with a personal injury solicitor as soon as you decide that you would like to make a personal injury claim. This way, you can ensure that your claim can be processed properly with as much evidence as possible.
Amount Of Compensation For An Accident At Work
Every accident and injury is unique and compensation is decided on a case by case basis, using the criteria outlined above. if you have any receipts or documents which help to highlight financial losses, you should keep these safe. They can later be used during your personal injury case to ensure that you are properly compensated for your injuries.
Our compensation calculator will give you an indication of how much you might be entitled to based upon your injuries. However, it is important to remember that these figures are only estimates. To truly understand how much compensation you are owed, you should speak to a member of our team directly about your accident at work case.
Contact Jefferies Solicitors Today
As long as your accident was caused by someone else’s negligence, you are likely to be eligible to make a claim. Understanding who is at fault for an accident is the most important aspect in determining whether you can make an accident at work claim or not.
Our experts at Jefferies Solicitors are well experienced in dealing with a range of different case types. We understand how traumatic sustaining an injury can be and so we want to make the process of claiming compensation as stress free as possible. No matter where you are located throughout England and Wales, we can help process your case.
At first, we will need some initial details about the specifics of your injuries and how this has impacted your life. Please contact us today on 0800 342 3206 or through our online form to get started. A member of our team will quickly be in touch to discuss your case, confidentiality is ensured with all our clients.