Accident At Work Claims

Accidents At Work Guide

If you’ve been injured in an accident at work, it can be a confusing and distressing time. The questions below set out some of the topics we’re asked about most often, but if you’re unclear about anything please phone us on 0800 056 4110 for a free initial consultation with one of our legal experts.

What Duty Of Care Does My Employer Have?

An employer has a duty to make sure that you are safe at work. In practice this means they have a responsibility to:

  • Ensure you are properly trained
  • Undertake risk assessments
  • Manage the activities of the business so that it minimises risks to your health and safety

Additionally, employers should also ensure that you have:

  • Safe working systems
  • Suitable and reliable work equipment
  • Personal protective equipment, preventing exposure to dangerous substances, objects and situations

Employers have particular responsibilities for the welfare of certain types of worker, including young people, disabled people and pregnant women.

The duty of care isn’t only owed to employees, but extends to other workers who are ‘under control’ of the employer, including:

  • Temporary staff
  • Probationary staff
  • Agency staff
  • Sub-contracted staff (even if they are self-employed)

Many business activities and industry sectors are subject to specific regulations and Approved Codes of Practice, drafted by the Health and Safety Executive. Your employer must comply with these and any failure to do so would be potentially negligent. We have years of experience helping people who have been let down by their employer, so you can trust our specialist lawyers to investigate your case.

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How Long Will My Work Accident Claim Take?

This varies depending on the circumstances of your case. The three main factors are:

  • Whether your employer has admitted responsibility for the accident. If not your claim may take longer, as we’ll need to spend time proving your case
  • Whether the Health and Safety Executive (HSE) is prosecuting your employer. If so, you may have to wait for that to conclude before your case can be resolved
  • How severe your injuries are. If you’ve suffered serious injuries, it’s usually advisable to wait until we understand the full extent of your injuries before settling the case. This is because we need to make sure you receive the right amount of compensation – recovery may take a long time and you might need specialist rehabilitation treatment

Cases involving one or more of the above factors often take two years to resolve.

If you need financial support before then, we’ll work hard to secure interim compensation payments that could help with specialist medical treatment and equipment while your claim is ongoing. Interim payments are available when your employer has admitted responsibility for your injury, and you’ll receive them before your claim’s fully settled.

Whatever the nature of your claim, we’ll do everything we can to make sure you get a speedy and fair resolution to your case.

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Do I Need To Go To Court?

It’s possible that you’ll need to go to court, but unlikely. Very few cases end up going to a trial at which you need to give evidence. The court requires all parties to consider other means of settlement in advance of trial.

Most claims are settled out of court and, even if a trial date has been set, claims often get settled right up until the trial date itself.

If your case does go to trial, you will be fully prepared for it by your legal team, so there’s nothing to be worried about. We have years of experience helping clients through the process, which means you’ll be in safe hands.

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Can I Claim If My Employer Is No Longer Trading?

Yes – even if they’re no longer trading, your employer should have an insurance policy in place to pay for worker compensation claims. Our team is experienced at tracing owners and partners of companies that have been dissolved, so we know how to investigate these kinds of claim and get you the compensation you deserve.

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Can I Claim Benefits Following A Workplace Injury?

You might be eligible for certain benefits, depending on your situation and the severity of your injury. Some of the benefits you could claim for include:

  • Attendance Allowance
  • Carer’s Allowance
  • Disability Living Allowance (DLA)
  • Employment and Support Allowance (ESA)
  • Guardian’s Allowance
  • Industrial Injuries Disablement Benefits
  • Personal Independence Payment (PIP)
  • Statutory Sick Pay (SSP)

We’ll review your benefit entitlements with you, making sure that you understand which benefits you should receive. Our team can talk to you about how to best protect your compensation, advising you on the advantages of using a personal injury trust so that your future entitlement to means tested benefits isn’t affected. For more information, please visit our page on welfare issues after serious injury.

There is also a range of benefits available if a loved one has died in a workplace accident, such as the Statutory Bereavement Award and the Bereavement Allowance. Visit our page on coping with bereavement page for more information on eligibility and how we can help.

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Can I Make A Self-Employed Work Accident Claim?

Depending on the circumstances of your accident, you may be able to make a compensation claim – even if you’re self-employed. Our specialist workplace accident solicitors have experience helping many self-employed people, so we’re well-placed to advise you on what action to take. Read more...

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If I Was Responsible For An Accident At Work Can I Claim?

Even if you caused or contributed to your workplace accident, your employer may still be responsible in part for what happened. Read more…

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Will I Get Paid Time Off After An Accident At Work?

Depending on the terms of your contract of employment, you may receive paid time off after an accident at work. Even if you don’t receive any paid time off, we’ll work hard to make sure that your compensation takes into account your lost earnings. Read more…

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What Will Happen When I Make A Claim?

Making a workplace injury claim against your employer might seem like an intimidating prospect, but our solicitors will support you every step of the way. Having helped thousands of clients secure compensation for workplace injuries, we have a wealth of experience to draw on when representing you. Read more…

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Contact Our Team Today

If you’d like to find out more about making a workplace accident claim, please phone us on 0800 056 4110 for a free initial consultation. Alternatively, you can contact us online and one of our legal advisers will get back to you.

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