Every employee has the duty to protect their workers and be clear with them about potential health and safety issues. If a work accident happens, the employer is also required to report the incident, pay sick leave, and offer days off for the employee in question.
Between 2019 and 2020, there have been close to 700,000 people have fallen victim to a workplace injury. This means a total of almost 4 million working days lost, which puts a
Workplace injuries can occur for a number of reasons, including operating faulty machinery, improper training, slip and fall accidents, and so on. If you have been the victim of any such event, you may be entitled to compensation, so make sure you know what this implies.
If you are not sure the type of accident you have been involved in allows you to file a compensation claim, we are here to help. This article explores all there is to know about filing a compensation claim in response to a workplace-related injury. Continue reading to find out more.
What counts as a work accident?
To put it simply, a workplace incident describes any type of incident in the workplace that results in an injury and happens due to negligence on the employer’s part. This type of incident can include any action or non-action your employee has taken in order to affect workplace safety. Examples include failing to repair faulty machinery, compelling employees to work without proper training, or not complying with Health & Safety regulations.
The types of incidents employees are entitled to receive compensation for can be split into two categories:
- Slip and fall accidents
- Getting hurt by a falling object
- Falling from heights
- Operating dangerous machinery
- Faulty machinery
- Assault at work
- Exposure to toxic substances
- Back pain from constantly lifting heavy objects without proper equipment
- Carpal tunnel syndrome due to performing repetitive tasks for multiple hours a day
- Tinnitus or loss of hearing from prolonged exposure to loud noises
- Respiratory diseases due to prolonged exposure to toxic substances or fumes
For any of these events, if you want to be eligible for compensation, you need to prove the injury resulted due to the negligence of your employer. Of course, your personal health should be the first priority if you have suffered an accident at work. However, if you are able to do so, it is recommended that you note down as much as you can about the accident. This includes time, date, how the accident happened, and photos if there are any available. These details will serve as proof when you are ready to file your claim.
What type of expenses can the compensation include?
A workplace accident can affect the victim more than just on a physical level. Besides injuries and pain, the person may have to deal with significant financial repercussions due to them not being able to perform their job anymore or needing prolonged recovery periods.
A claim for compensation due to workplace injury can include much more than covering hospital expenses. Here are just some examples of what employees can expect:
- General damage – compensation received for physical suffering, mental suffering, physical impairment, or decreased quality of life.
- Special damage – compensation that covers the person’s financial losses due to the incident, including rehabilitation, home adaptation, physiotherapy, and prescriptions.
- Loss of earnings – this includes unpaid sick leave for the course of the recovery process and covers any decrease in earnings during that period.
- Travel expenses: any travel costs associated with the treatment, including transportation, flights, trains, gas costs, and so on.
- Care claims: if the victim is required to hire a caretaker as a result of a workplace injury, this claim will cover the caretaker’s payment.
In regards to how much compensation you can receive, this depends a lot on the circumstances. Factors that influence this include the severity of your accident, how much time off you need to take, and if your household is directly affected by your injury. Below are some examples:
- Head injuries that have not caused brain damage – up to £36,740.
- Severe ear injury and loss of hearing – up to £93,540.
- Moderate back injury – up to £33,080.
- Forearm fracture – up to £15,300.
- Minor disability due to knee injury – up to £22,340.
How do I make a claim?
Now that you know what to expect in terms of compensation, you may be wondering what you need to do to file a claim. Especially if you are working with a reputable lawyer, the process should not be too complicated and your attorney should know all the aspects that need to be considered in order to successfully file a winning claim.
Choosing a reputable compensation specialist lawyer can be a challenging step, but making the right choice ensures you have more chances to win. After you have made your decision, the lawyer will require the following:
- Your personal information
- As much detail as possible about how you sustained the injury
- Workplace circumstances that have resulted in injury
- Medical documentation
- Details about your employer
- Loss of earning details
- Reasons to believe your workplace is to blame for the incident
If you are concerned about the costs of filing a claim, you will be pleased to know many attorneys work on a No Win No Fee arrangement. This is formally called a Conditional Fee Agreement, meaning the defendant will cover the majority of expenses.
As you meet with your solicitor, they will take a closer look at the case and analyse your chances of success to determine if the case is strong enough to file for compensation.
Is there a timeframe I need to be aware of?
From the date of the accident, the victim has three years to file a claim for workplace injury compensation. Oftentimes, if this period is exceeded, the claim will not be valid, but there are some exceptions to the rule, most of them involving the victim’s mental state.