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  • Migrant Worker Accident Claims

Migrant Worker Accident Claims

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If you’re a migrant worker who has been involved in an accident at work, you might be unsure about what to do. Making a compensation claim in a foreign country may seem difficult, but our solicitors will guide you through the process without jargon.

As a migrant worker you are more likely to work in an industry where dangerous accidents can happen. These include:

  • Agriculture - farm accidents and casual or seasonal work
  • Construction
  • Manufacturing/factories
  • Waste and recycling

We’ve helped thousands of people with workplace accident claims, so we’re experienced at holding employers to account for negligence. With one of the UK’s largest personal injury departments, we have a dedicated team of solicitors ready to help you.

Members of our team are fluent in Polish, Urdu, Bengali/Bangla, French, Spanish, German, Portuguese and other languages. We regularly deal with cases that have an international element, representing foreign nationals injured while in England, alongside representing people who have claims being brought against them in England, or cases involving issues of jurisdiction and applicable law. 

We also have a team of specialist employment and immigration lawyers who can advise you on your rights after suffering an injury at work.

Most of our claims are funded on a No Win No Fee basis, which means there’s no financial risk to you* – even if you aren’t a British citizen.

We believe in the importance of rehabilitation as well as compensation, and we’ll work to make sure you have access to any care or medical treatment you need after your accident.

To arrange a free initial consultation about your claim, call us free on 0800 056 4110 or contact us online.

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Stephen Nye
Stephen Nye Partner Meet the team

Migrant worker accident claims - more information

Migrant workers come from other countries to work in the UK. They might include seasonal workers, full-time and part-time employees, and contract or self-employed workers.

Migrant workers working in the UK are entitled to equal pay to British workers doing the same job and must be paid at least the national minimum wage.

They are protected by UK employment laws, have the right to be paid annual leave and statutory sick pay, and must pay tax and national insurance.

Provided you are registered to work and are in the UK legally, you have the same rights under UK employment law as any other worker and your employer has a duty of care to prevent accidents happening to you while at work.

If you are working illegally in the UK, there are different laws that might affect a claim. You should still be entitled to a fair and safe working environment, however your employers might not have the same legal protections and insurances that will help keep you safe at work. 

Our lawyers will look into your case in detail, and help you to understand the applicable laws in each specific case. If you have any doubt about the validity of your claim, get in touch and we can help to support you.

We can gather evidence from independent medical professionals and health and safety specialists. These experts will analyse why your accident happened and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

Compensation can make a real difference to your life, ensuring that you can access the healthcare and support to make the best recovery you can. As a migrant worker you may need to stay in the UK longer for rehabilitation and recovery, or you may even wish to settle permanently. Our immigration solicitors may be able to help if that is the decision you make.

You may use the compensation to help you return home, for example flights, travel and healthcare support in your home country. Our specialist team are experienced in cross-boarder jurisdiction and can help determine where the claim might need to be brought or how best to manage any compensation payments across international boarders.

Compensation may help you continue to support family in your native country. By making a claim with us, we can also get you funds which can help pay for:

  • Private healthcare treatment
  • Physiotherapy
  • Psychological therapy
  • Expenses (such as travel costs to hospital appointments)
  • Repatriation, relocation or healthcare support to return home
  • Loss of income
  • Household adaptations

The amount of compensation you receive will depend on the severity of your injuries and the likelihood that you’ll make a full recovery. We’ll seek expert opinions on what care you’ll need to ensure that the compensation we claim will be sufficient.

If your employer accepts responsibility for your accident, we could help you get early compensation payments. Often known as interim payments, these funds will be taken from your final settlement and can help pay for ongoing care costs and expenses, before your claim has settled.

You normally have three years to make a claim from the date of your accident. However, there are some exceptions to this rule. As a migrant worker you may choose to return home following an accident. We can help you to determine which jurisdiction might be best to bring your claim in. Different jurisdictions have different time limits on making a claim so speak to one of our team to find out what the rules might be.

In England and Wales the exceptions are:

  • Under 18s – you can claim on behalf of a child who was on work experience or working part-time. No time limits apply in these circumstances until the child turns 18. When the child turns 18 they can make their own claim but the three year time limit will then apply.
  • Mental capacity – you can make a claim on behalf of someone who doesn’t have the ability to do so themselves, including when someone has suffered a serious head/brain injury as a result of their accident. In these circumstances, no time limits apply.
  • Fatal claims – if you’re claiming on behalf of a loved one who died, you’ll either have three years from the date of their death or the date of the accident to make a claim.

If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.

We have experienced solicitors based across the country who specialise in helping people to claim compensation after accidents at work. We know the issues that you and your loved ones may be facing, and we can answer all of your questions. We have lawyers who can speak multiple languages and have translation services we use for international clients. If as a migrant worker, English is not your first language, we can put you in touch with one of our team who can guide you through your claim.

As well as helping you claim compensation, we can also help with your rehabilitation and recovery. If you can’t work because of your injuries, then we can also advise you on benefit entitlement and arrange for the best possible support to help you recover.

Having helped many other migrant workers who have been injured, we can use our experience to get a positive outcome for you and your family.

client quote

I am now getting my life back on track. This settlement does not put things back to how they were, but at least it gives me some form of justice and allows me to rebuild my life.”

Stewart, client

Client story - Krzysztof

Migrant worker accident claim Migrant Worker

37-year-old Krzysztof was working in a factory when he suffered severe injuries to his hand. At the time of his injury he was operating a band saw to cut through meat carcasses when his hand was snatched towards the blade.

As a result of the incident, Krzysztof had to have his left ring finger amputated and had to undergo many hours of complex surgery to save his thumb.

Krzysztof worked with our Accidents at Work team to make a claim, expressing that the company he worked for had breached a number of health and safety laws. As a consequence of the accident, Krzysztof was left with reduced grip strength which would impact upon his future employment prospects.

Our specialist lawyers managed to secure Krzysztof a financial settlement of £115,000 to help with his future loss of income and to compensate him for his disfigured hand.

Ian Bailey

“These injuries will clearly affect his long term employability – the financial settlement he has received should help with future loss of income.” – Ian Bailey, solicitor

Eye injury

“I am thankful, through the payment of damages, that the company has accepted its responsibility for causing my injuries.” – Krzysztof Duda, client

Read More Client Stories

Frequently asked questions

What constitutes employer negligence?

Employers have exactly the same responsibility to protect you from harm if you’re a migrant, so it’s unacceptable if you’ve been injured as a result of their negligence.

When helping migrant workers with accident claims, some of the most common examples of employer negligence we come across include:

  • Employees forced to work long hours, leading to exhaustion and a bigger risk of mistakes happening
  • Inadequate training
  • Lack of protective equipment/clothing (workers are sometimes asked to pay for this or provide their own, which is illegal)
  • Problems with communication – if workers don’t speak fluent English, employees have a duty to make sure they understand how to perform workplace tasks safely

Unfortunately, the nature of the work that many migrants do means that some workplace injuries are left unreported to the Health and Safety Executive (HSE). The effect of this is that risks are ignored and lessons aren’t learnt.

If you think that you’ve been injured because of your employer’s mistakes, our solicitors could help you claim compensation. Phone us on 0800 056 4110 for a free initial consultation about your case, or contact us online.

Why choose Irwin Mitchell?

By choosing us, you’ll be working with some of the best workplace accident lawyers in the country. We have a specialist team of solicitors who specialise in claims involving injuries at work and have a proven track record in claims involving migrant workers.

Our personal injury experts know what it takes to get you the settlement you deserve and have secured more than £1.5 billion in compensation for our clients over the past two years. We won’t only help you get compensation, but will also make sure that you can access the healthcare and support you need.

We’re aware that as a migrant worker, you might find communication in English difficult. However, by choosing us, things can be made much easier as we have team members who speak Polish.

Our solicitors are experienced in handling claims on behalf of migrant workers and could act for you if you’re:

  • An agency worker
  • A contractor
  • A casual worker
  • In a temporary role
  • Employed full or part-time

Here are some examples of our previous cases where we’ve helped migrant workers to get the compensation they deserve:

  • £62,000 compensation awarded to a Polish worker who fell from a ladder at work
  • Settlement for Polish agency worker who injured leg due to lack of training
  • Polish ship worker secured £450,000 after falling 20ft and fracturing his spine
  • £10,000 awarded to Polish labourer injured who seriously injured his thumb at work

If you would like to find out more about making an accident at work claim, contact us free today on 0800 056 4110.

What if I’m self-employed or employed by an agency?

Even if you’re employed on a short term basis by an agency or “gangmaster” (a person who organises or oversees work for casual labourers), you’re entitled to a safe working environment.

This also applies if you’re classified as self-employed – the company you work for might still have a duty of care to do as much as they can to protect you from injury.

Your employment status can influence whether you’re entitled to benefits from your employer such as sick pay for any time off you’ve taken because of your injuries. Our specialist employment team can provide you with advice on these issues, making sure that you get the funds and security you’re entitled to.

We’ll draw on the expertise of specialist employment lawyers who can advise you on your rights and whether your employer broke the law.

Read More FAQs

Related information - migrant worker claims

Employment Our employment lawyers could help you defend your rights at work
Farming accident claims We could help if you’ve been injured while working on a farm
Immigration law Our immigration specialists can help you apply for the right visa
Construction accident claims We’ve represented many construction workers who have been injured at work

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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