Being involved in accidents at work and becoming physically injured can be quite traumatising on many levels.
You have physical wounds and injuries to deal with and recover from. You are most likely worried about missing time off of work, and therefore a dwindling wages, as well as how you will pay your medical bills. In addition to these burdens, you may suffer from mental and emotional issues as a result of your accident and the ramifications of it.
- General information on accident at work claims
- Who is eligible to make a claim?
- How can I go about filing a claim for compensation related to my work accident?
- What does it cost to file a legal claim?
- What about legal expense insurance?
- What about confidentiality?
- Are there time limits involved in filing an injury claim?
- How much compensation will I receive with my claim?
- Is my claim necessary or legit?
- How do I choose a law firm to represent my claim?
- Applicable and Recent Case Studies
- Guide to Claim Amounts
General Information on Work Place Injury Claims
Many solicitors offer no win no fee terms workplace accident claims, so that an injured employee does not have to pay up front in order to proceed with a workplace injury claim. Although the process of pursing a workplace injury claim can seem overwhelming, most say it is worth it in the end and are glad they did.
Many precautions are taken in the workplace by employers and employees to reduce or prevent workplace injuries. Depending on the place of employment, various safety standards are put into place, such safety training and equipment. Most employers do all that they can in order to prevent such injuries. However, no matter how careful an employee or an employer is, unfortunately accidents at work do still happen, and can be quite common.
While injuries at work are still taking place, despite the best precautions, all employers in the United Kingdom are required to carry insurance. This insurance is in place to cover expenses, such as lost wages, and medical bills, when accidents at work do happen. If you are injured on the job and pursue a claim, your claim is covered under your employer’s insurance. If you are injured, and your employer has the proper insurance in place, your injury is claimed under their insurance and not your employer directly.
These are all reasons why employees who have been injured on the job have a right to make a claim against their employer and to the industrial injuries benefit. As an employee, you were probably working diligently and following the right safety precautions when you became injured or suffered an accident. Considering this, your employer, or their insurance policy, is responsible for your medical bills, pain and suffering, and lost wages.
However, you might be asking how you get compensated for your accident at work claim. Many employers, via their insurance companies, do offer injured employees a settlement. That settlement, however, large it may be, is oftentimes not fair compensation for what the employee owes in medical bills and other accident related expenses, or has been through. This is where an attorney or a law firm can help. They can also help with industrial injuries benefit.
When an injured employee hires an attorney to fight for them, employers and insurance companies know the employee means business. In fact, studies have shown that personal injury claimants who hire a lawyer receive three to four times the amount of those who do not. Even if your employer, or their insurance company tries to offer you a settlement to not file a claim, seek legal advice first.
Who is eligible to make a claim?
Any person who has been injured at work is entitled to a claim to be compensated for their suffering and injuries. It doesn’t matter if you are employed full time, part time, seasonally, temporarily, or if you are a self-employed contractor, you are still entitled to work injury compensation.
If you are at least 18 years of age, you can make an accident at work claim yourself through an attorney, or on your own. If you are under the age of 18, you will need a parent or a legal guardian to pursue the claim for you. Your parent or legal guardian will work closely with the solicitors office to deal with your claim, so that you don’t have to. If the employee is deceased as a result of the work accident, then any of their dependents can pursue a legal claim on their behalf for the loss of dependency.
Of course workplace accidents can also be avoided in many instances and in these cases claiming for compensation may be the wrong decision. Your lawyer will advise on this if you are pursuing a no win no fee claim.
How can I go about filing a claim for compensation related to my work accident?
The first step to filing your claim is to hire an attorney experienced in accidents at work. When you hire the correct attorney, filing your compensation claim is easy and simple. After gathering your statements and all of the pertinent details, the attorney’s office will take care of all paperwork, correspondence. This includes any filings with the court, or other necessary actions.
What does it cost to file a legal claim?
If you have suffered an injury as a result of accidents at work, you likely are struggling to pay your medical bills and keep up with your cost of living while not receiving a wage. The last thing you have money for is to pay a lawyer up front to help file your claim and provide legal representation. Most injury and accident law firms understand your financial predicament, and, therefore, offer what is called no win no fee services which you can read more about here.
This means you do not owe your lawyer anything unless your lawyer wins your case. Then usually the fee you pay is based on a percentage of the compensation you are awarded, minus any court and legal fees that you also owe in the process of pursuing your claim in the legal realm. You can move forward with your legal claim confidently knowing that you do not have to worry about fronting the money for your actions. If by chance you do not win your claim, you walk away owing your attorney nothing. This is a win-win situation for everyone, ensuring that your lawyer fights hard for you.
What about legal expense insurance?
Legal expense insurance is a special insurance some people have in place through their bank account or another insurance policy they have purchased. This type of insurance is designed to cover costs for legal advice and representation, should you need it. If you have legal expense insurance, let your work accident solicitor know upon your initial meeting. It is another way of funding your claim and can be used in place of a no win no fee agreement. Your solicitation firm can advise you on this aspect.
What about confidentiality?
When filing a claim regarding an injury in the workplace, there are likely many details you want to be kept in confidence. Your medical records and employment records will be involved in your claim and looked at by many people. Naturally, there can be personal, and even potentially embarrassing details in those records.
Law firms are bound and regulated by the Solicitors Regulation Authority (SRA) and are subject to regular auditing. You can be confident in your law firm knowing they are regulated by the SRA and held to strict standards in confidentiality. You should also be sure the law firm you choose does not sell your information or personal details to other businesses. Lawyers are also held to ethical and moral standards and laws in order to keep your information and situation confidential.
Are there time limits involved in filing an injury claim for accidents at work?
With any type of work accident claims or injury at work claims, the sooner you make your claim, the better off it is. It is more beneficial to file your claim while the incident and injury at work are fresher on your mind. However, if your injury has been discovered and diagnosed within the last three years, you can still file your claim. Since time can be of essence, if you are considering pursing a legal claim, it is best to talk to a solicitor and get your claim on the books before the details get fuzzy in your mind.
Any injury at work should be documented in an accident book at work. Each business is required to keep such a log book. It is also wise to gather any witnesses who witnessed your accident. Taking pictures or video at the place of the accident, or of how your accident happened can also be helpful in proving your case and getting you the right amount of compensation that you deserve for your injuries.
How much compensation will I receive with my claim?
When thinking about filing a claim for compensation for your accident or injury at work, one of the most pressing questions people have is what their claim could be worth. It can be difficult to estimate this number due to many varying and changing factors; from injury severity to amount of insurance your employer has, to the medical documentation of your injury and suffering, to how well you are recovering from your injury at work.
However, most experience solicitors will take into consideration all of your specific circumstances, such as type of injury, how the injury occurred, the seriousness of your accident and ensuing injury, the lasting effects and pain from the injury, as well as the Judicial Studies Board (JSB) guidelines. With all of these considerations, your solicitor should be able to put a value on your claim in order to give you a good estimate of what you can expect to receive from your employer’s insurers when your case ends.
Other factors that your solicitor will consider when fighting to win your claim are out of pocket expenses you have incurred, such as transportation expenses to or from medical appointments, loss of wages, and additional medical costs that can continue after your claim is settled. If you have suffered an injury at work that will require ongoing medical care and support, or any lifestyle adaptations, the amount of compensation owed to you can increase significantly.
United Kingdom laws allow the injured to claim future loss of earnings, and for future medical care and support especially in the cases of medical negligence, if you will not be returning to work and will be receiving ongoing medical care and treatment. If you have suffered a serious injury, or had a loved one die from a workplace injury, you are well aware that no amount of money may ever make what has happened right or good. However, the money and rights to a claim exist to make sure you are well provided for. You may also be entitled to the industrial injuries benefit.
Is my claim necessary or legit?
Often, an injury at work is the result of an avoidable situation, such as a heavy lifting injury, or even a simple trip over hazardous debris. Even still, your employer is responsible for making sure you are protected at work and that your work environment is safe from hazards and maintained in a safe condition. In addition, if you have not received adequate training regarding safety in your particular workplace, then you probably have a legitimate claim. Government initiatives are trying to increase the training for workers across the UK
If you are struggling to pay your medical bills, losing wages, or suffering physically, mentally, or emotionally, your claim is necessary. In order to help compensate you for all of these wrongs, your claim is necessary. Laws are in place that give you the right to pursue a legal claim against your employer and their insurance company to recover monies for damages you have incurred at their fault and negligence or oversight.
How do I choose a law firm to represent my claim?
Choosing the right law firm and solicitor to handle your work injury claim can make or break your case. It can make the difference of winning or losing, or a difference of several thousands of dollars. You should be sure that the law firm you hire specialises in Employer Liability cases and is familiar with this type of civil law. Look at the track record for the law firm you are considering hiring. Your firm should not be afraid to take your claim to trial and should have a track record of winning.
If you do not have the financial means to front your claim, be sure the soliciting firm you choose has a no win no fee policy. This way you know they will work hard to recover money for you so they get paid, and you don’t have to worry about coming with the money right away to pay them. Everyone has equal access to justice with a no win no fee policy.
Applicable and Recent Case Studies
History is a good indicator of what will happen in the future. Using this logic, looking at case studies from other work injury claimants can help determine what your work injury case is worth. Although there is no guarantee of exactly what your work injury case is worth, these case studies can give you a good idea.
The story of Mr. C.
Mr. C. had been at his job in a steel factory for just over 5 years. He was a loyal worker and always showed up to work on time ready to give it all he had, until a dreadful rainy day in October of 2012. On this particular morning, he was involved in a freak accident that caused him to suffer a severe fall and to shatter his heels. Mr. C. spent the following three months in a wheelchair, including Christmas and New Year’s.
Not wanting to go through a perceived hassle of securing a solicitor to help with his case, Mr. C. tried to deal with his employer and their insurance company on his own. Originally, without legal help for his claim, Mr. C. was offered £25,000 from his company and their insurance company.
Appalled by such a low ball offer from someone he thought understood what he was going through and that he thought was on his side, Mr. C. contacted a work injury solicitation firm to get help and inquire about the industrial injuries benefit. Once the firm got involved, sorted through the important details, and went back to the insurance company, their tune changed. With careful negotiations, the firm was able to get Mr. C. properly compensated for his injuries and suffering with £90,000.
The story of Mrs. F.
Mrs. F. had worked at the same hospital for nearly 20 years. She, just like Mr. C., was a loyal and hard-working employee. As a nurse, she meant the physical, and sometimes emotional, needs of patients. Late one night in February of 2013, Mrs. F. was helping bath a heavier patient in bed. The bed collapsed and Mrs. F. was nearly crushed to death by this heavy patient.
This work accident left Mrs. F. with several severe back injuries, on top of an old lumbar spine injury that she had in the same area. Due to her pain and disabilities caused by this severe pain injury, Mrs. F. needed six months off of work. Not only did Mrs. F. have mounting medical bills, but she also lost out on many months of wages.
With the help of her law firm, Mrs. F. was able to recover £17,000 to help pay her medical expenses and catch up on her bills, which here behind due to her lost wages.
The story Mr. S.
Mr. S was employed as a cleaner in a pub. The staff at the pub routinely placed the chairs in the pub on the tables at closing time. As a part of his job, Mr. S. was required to take the chairs off of the tables to clean them.
One winter night Mr. S. lifted a chair up and proceeded to place it on the floor when the wooden seating portion of the chair broke loose and landed directly on his foot. This seat was quite bulky and heavy. Mr. S. went directly to the hospital to have his to X-rayed. Initially the doctors believed that no serious injury had taken place.
However, just a few days after this work place accident, Mr. S. started having severe pain in his foot. When he was re-examined at the hospital, it was found that he had a serious infection in his foot; a result of the accident. This infection was so bad that his toe had to be amputated and he spent one week in the hospital. Later, Mr. S. developed depression and anxiety due to his pain, new body image issues, state of inactivity, and inability to return to work.
Initially, Mr. S. had an offer of £4,000 from his employer’s insurance company. After hiring a workplace solicitation firm and learning more about the industrial injuries benefit, their offer came up to £15,000. Not quite satisfied with this number, his attorneys were able to negotiate his settlement up to £21,000. This settlement will give Mr. S. peace of mind and a fresh start to his future.
Guide to Accident at Work Claim Amounts
Claim amounts can vary based upon many factors, such as:
- Severity of the injury or accident
- Ability to work and make money in the future
- Competency of solicitation firm
- Complete and correct medical documentation
- Pain and Suffering
- Amount of medical bills
- Lost wages
- Expected future pain and suffering
- Expected future medical bills or lost wages
- Industrial Injuries Benefit
Various Workplace Injuries and Their Accident at Work Compensation Calculator
Head and Neck Injuries
|Injured Body Part||Severity of Injury||Compensations amounts min. /max.||Other Notes|
|Head||Very Severe||£155,000 - £222,000||Certain Level of Brain Damage|
|Head||Moderately Severe||£120,000 - £155,000||Certain Level of Brain Damage|
|Head||Severe||£23,500 - £120,000||Certain Level of Brain Damage|
|Head||Minor||£1,250 - £7,000||Moderate Head Injury|
|Eyes||Severe||~£222000||Total blindness and deafness|
|Eyes||Severe||£35,000 - £98,000||Loss of sight in one eye with reduced vision in the remaining eye|
|Eyes||Serious||£13,000 - £21,000||Serious but incomplete loss of vision in one eye|
|Eyes||Minor||£6,750 - £11,500||Minor but permanent impairment of vision in one eye|
|Neck||Severe||~£97,500||Incomplete paraplegia or permanent spastic quadriparesis, little or no movement in the neck, severe headaches|
|Neck||Severe||£43,000 - £86,000||Injuries that give rise to disabilities and are of considerable severity|
|Neck||Severe||~£36,000||Severe damage to soft tissues significant disability of a permanent nature|
|Neck||Severe||£16,400 - £21,600||Fractures or dislocations that leave markedly impaired function or vulnerability to further trauma|
|Neck||Moderate||£9,000 - £16,400||Serious limitation of movement, permanent or recurring pain, discomfort and the possible need for further surgery|
|Neck||Minor||£875 - £2,850||Minor soft tissue and whiplash injuries with a full recovery between a few weeks and a year.|
Upper Body Injuries
|Injured Area||Severity||Compensation min./max.||Notes|
|Back||Severe||£66,000 - £111,000||Injury which do not involve paralysis but very serious consequences such as impotence or double incontinence|
|Back||Severe||£53,000||Injuries that may cause serious consequences such as impaired bladder, sexual difficulties and unsightly scarring with possibility of future surgery|
|Back||Severe||£25,500 - £45,750||Fractures continuing severe pain and discomfort, impaired agility, inability to work and the risk of arthritis|
|Back||Moderate||£18,250 - £25,500||Residual disability of less severity|
|Back||Minor||Up To £5,150||Full recovery of soft tissue injuries, strains, sprains has been made without surgery within 2 years|
|Shoulder||Severe||£12,600 - £31,500||Associated with neck injuries and involving damage to the brachial plexus resulting in significant disability|
|Shoulder||Serious||£8,400 - £12,600||Pain in shoulder and neck, aching in elbow, sensory symptoms leading to restricted shoulder movement|
|Arms||Amputation||No Less Than £90,000||One arm - reduction of a person with full awareness to a state of considerable helplessness|
|Arms||Severe||£25,750 - £39,300||Injuries resulting in Permanent and Substantial Disablement|
|Arms||Moderate||£12,600 - £25,750||Less Severe Injury with substantial degree of recovery expected|
|Arms||Minor||£4,350 - £12,600||Simple Fractures of the Forearm|
|Elbow||Less Severe||£10,300 - £21,000||Injuries causing impairment of function but not involving major surgery or significant disability|
|Elbow||Moderate||Up To £8,250||Injuries that cause no permanent damage and do not result in any permanent impairment of function|
|Hand||Severe||£92,000 - £132,000||Total or Effective Loss of Both Hands From Serious Injury|
|Hand||Severe||£92,000 - £132,000||Total or Effective Loss of Both Hands From Serious Injury|
|Hand||Severe||£26,000 - £55,500||Serious Damage to Both Hands, permanent cosmetic disability and significant loss of function|
|Hand||Less Serious||£9,500 - £19,000||Significantly impaired function without future surgery|
|Hand||Moderate||£4,100 - £8,700||Crushing injuries, wounds that are penetrating, and deep lacerations|
|Wrist||Severe||£16,100 - £25,750||Injury resulting in significant permanent disability, but where some useful movement remains|
|Thumb||Serious||£6,300 - £8,250||Impairment of sensation and function and cosmetic deformity|
|Thumb||Serious||£2,600 - £4,450||Severe Dislocation of the Thumb|
|Thumb||Serious||~£2,600||Fracture, recovery in six months except for residual stiffness and some discomfort|
Lower Body Injuries
|Injured Area||Severity||Compensation min. /max.||Notes|
|Pelvis & Hips||Moderate||£8,250 - £17,500||These cases may involve hip replacement either immediately or in foreseeable future|
|Pelvis & Hips||Moderate||£2,600 - £8,250||Cases where despite significant injury there is little or no residual disability|
|Pelvis & Hips||Minor||Up to £2,600||Minor injuries with complete recovery|
|Leg||Amputation||£158,000 - £185,000||Total Loss of Both Legs above the knee and particularly if near to the hip leaving stumps less than adequate to accommodate a useful prosthesis|
|Leg||Less Serious||£11,800 - £18,250||Fractures from which an Incomplete Recovery is made such as a limp, impaired mobility, sensory loss issues, discomfort|
|Knee||Severe||£17,500 - £28,500||Less severe knee injury, continuing symptoms by way of pain and discomfort and limitation of movement or instability or deformity|
|Ankle||Very Severe||£32,750 - £45,750||Fracture, extensive soft-tissue damage, deformity, risk of amputation, degeneration of the joints at a young age|
|Ankle||Severe||£20,500 - £32,750||Long-term treatment in plaster, pins, plates, significant residual disability, ankle instability|
|Achiles||Minor||£4,850 - £6,600||Damage to the tendon and a feeling of being unsure of ankle support|
|Foot||Amputation||£111,000 - £132,500||Amputation of both feet|
|Foot||Moderate||£9,000 - £16,400||Displaced metatarsal fractures resulting in permanent deformity and continuing symptoms|
|Toe||Amputation||£24,000 - £37,000||Amputation was traumatic or surgical and the extent of the loss of the forefoot together with the residual effects on mobility|