Can I Claim Compensation After an Accident at Work
You may potentially be able to claim compensation after an accident at work if a legal duty was breached and that breach caused injury and loss. But the fact that an accident happened at work does not automatically make the employer liable.
You may potentially be able to claim compensation after an accident at work if a legal duty was breached and that breach caused injury and loss. But the fact that an accident happened at work does not automatically make the employer liable.
That distinction matters. Workplaces cannot eliminate every possible accident, but employers do have legal responsibilities for health and safety. A compensation claim looks at what should reasonably have been done in the particular circumstances and what actually happened.
What kinds of issues can matter?
The relevant questions depend on the accident.
A case involving machinery may raise issues about guarding, maintenance, training or safe systems of work. A fall from height can involve access equipment, planning or fall protection. Manual handling may involve the task, load, environment and available assistance. Vehicle accidents, slips, falling objects and workplace violence all create different factual questions.
Do not try to force your accident into a generic internet checklist. The useful evidence is the evidence that explains your actual workplace and task.
What if I made a mistake too?
People often assume that making any mistake means they cannot claim.
Legal responsibility can be more complicated. Employers have duties precisely because human beings can make mistakes, become distracted or encounter foreseeable risks. Equally, an employee’s own actions can sometimes be relevant to responsibility and compensation.
Do not rewrite the facts to make yourself look perfect. Give an adviser an accurate account and let them assess the legal effect.
What evidence is useful?
Keep the accident record, photographs where available, witness information, medical records and correspondence. If equipment or a physical condition is central to the accident, identify it accurately.
For financial loss, retain payslips, overtime history, invoices if self-employed, receipts and evidence of additional reasonable expenses.
Serious injuries may also require evidence about future work, care, rehabilitation and independence. Those issues should be based on actual evidence rather than guessed at in the first few weeks.
Who actually pays an employer-liability claim?
Most employers in Great Britain are required to have Employers’ Liability insurance of at least the statutory minimum level. The insurance exists to help employers meet compensation liabilities where employees are injured or become ill because of work.
That does not mean every claim succeeds or that the insurer automatically accepts responsibility. It does help explain why making a claim is not usually equivalent to taking compensation directly from the wages or personal savings of a supervisor or colleague.
If you need advice about prospects, limitation or value, use an appropriately qualified solicitor.
Your recovery is wider than the claim
A legal claim can address certain consequences in money, but it cannot restore every part of life affected by an injury.
If you are worried about returning to the workplace, unable to sleep, angry about what happened or frightened that your career has changed, those issues deserve attention now.
Counselling and mental-health support should be available because the experience is affecting you, not because somebody wants to turn that support into a recoverable litigation cost.
Important informationThis guide provides general information and is not intended to provide legal, financial, medical or other professional advice. Individual circumstances can be different. You may wish to check current information from official sources and seek advice from an appropriately qualified professional before making important decisions.