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Accidents at Work

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Accidents at Work

    All employers have a responsibility to provide as safe a workplace as possible for their employees, and protect them from unreasonable danger. Therefore, if an accident at work is caused due to negligence, the victim has the legal right to pursue compensation for their injuries, on a no win no fee basis.

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    What is an accident at work?

    An accident at work is an unexpected incident that happens to an employee while they’re carrying out their work duties or while they’re at their employer’s premises. It can cause injuries, illnesses, or even be fatal. For instance, an employee might slip and fall on a wet floor, get hit by a falling object, or be injured by machinery or equipment. There are also cases where employees get exposed to harmful substances, which can be dangerous to their health.

    In recent times, the average working environment has become a safer place, however, according to the Health and Safety Executive (HSE), there were a total of 646,000 self-reported non-fatal workplace injuries in Great Britain in 2019/20. This includes both non-fatal injuries that resulted in an absence from work of seven days or more and those that were reported but did not result in an absence.

    Employers have a duty of care towards their employees and must take measures to prevent accidents at work. They should provide a safe working environment, proper training, and adequate equipment to ensure their workers’ safety. It’s crucial that employers take proactive steps to prevent accidents and protect their employees’ wellbeing.

    Therefore, if an accident at work is caused due to negligence, you have the legal right to pursue compensation for your injuries, on a no win no fee basis.

    To find out more about making a personal injury claim for a workplace injury, call 0800 234 6438 today and speak with a trained legal advisor for free. During your free initial consultation, they’ll listen to what happened to you and if they believe you have a workplace accident claim to make, they’ll partner you with a specialist personal injury solicitor who will work with you on a no win no fee basis to secure you the compensation you deserve.

    Understanding accidents at work claims

    Experiencing an injury at work can be a painful and traumatic event, and it’s understandable to feel overwhelmed and uncertain about what to do next. However, it’s important to know that you have rights and options available to you. Understanding accidents at work claims is not just a legal matter, but a way to protect yourself and others from similar harm in the future.

    If you’ve suffered an injury at work, seeking compensation is not just about getting financial help for your recovery. It’s also about holding your employer accountable and encouraging them to take measures to prevent similar incidents from happening again. By seeking compensation, you may be able to prevent future accidents and injuries from occurring to other colleagues, which can ultimately create a safer work environment for everyone.

    Moreover, claiming compensation can help cover the costs of medical treatment, lost wages, and other expenses that arise from your injury, allowing you to focus on your recovery without financial burden. It’s essential to seek professional advice and guidance throughout the process, as it can be complex and overwhelming.

    Remember, you are not alone, and you have the right to protect yourself and others from harm in the workplace. By seeking compensation for your injury, you are not only looking after yourself but also making a positive impact on the safety of your colleagues and future employees.

    What are the most common types of accidents and their injuries at work I can claim for?

    Experiencing an accident at work can be a life-changing event that can have serious physical, mental, and financial ramifications. The good news, though, is you may be entitled to claim compensation for your injuries, depending on the circumstances of your work compensation claim.

    While the type of accidents at work you can claim for are diverse, the most common accident at work claims we see range from simple slips and trips, to major injuries caused by industrial machinery.

    Some of the most common types of accidents include:

    • Slip, trip and fall accidents
    • Machinery accidents
    • Manual handling accidents
    • Burns and scalds
    • Electrical accidents
    • Assaults and violence at work

    Common workplace injuries resulting from these accidents include:

    Slip, trip and fall accidents

    • Soft tissue injuries, such as sprains and strains
    • Fractures and broken bones
    • Head injuries, including concussions and serious brain injury
    • Spinal cord injuries, including paralysis
    • Internal injuries, such as organ damage or internal bleeding
    • Cuts, bruises, and lacerations

    Machinery accidents

    • Crush injuries, including amputations and severe bone fractures
    • Lacerations and cuts from sharp or moving parts
    • Burns and scalds from hot surfaces or materials
    • Eye injuries, including partial or complete blindness
    • Noise induced hearing loss

    Manual handling accidents

    • Strains and sprains from lifting heavy objects or repetitive movements
    • Back injuries, including herniated discs and spinal cord damage
    • Shoulder injuries, including dislocations and torn rotator cuffs
    • Neck injuries, including whiplash and nerve damage
    • Foot and ankle injuries, including fractures and sprains

    Burns and scalds

    • First-degree burns, which cause redness and mild pain
    • Second-degree burns, which cause blistering and more severe pain
    • Third-degree burns, which can cause tissue damage and scarring
    • Inhalation injuries from smoke or chemical exposure
    • Electrical burns, which can cause internal injuries and damage to organs

    Electrical accidents

    • Electrical burns, which can cause tissue damage and scarring
    • Nerve damage, including paralysis or loss of sensation
    • Cardiac arrest or heart damage
    • Internal organ damage
    • Falls or other injuries resulting from being shocked

    Assaults and violence at work

    • Soft tissue damage, such as bruises, cuts, and lacerations
    • Head injuries, including concussions and traumatic brain injuries
    • Broken bones and fractures
    • Emotional trauma, including anxiety, depression, and post-traumatic stress disorder
    • Death

    If your job involves driving and you are injured in a road traffic accident, you could also be entitled to claim compensation if someone else was at fault. Seeking compensation is not just about financial gain, but also about securing justice and ensuring that employers take responsibility for their actions and create a safer work environment for everyone.

    Whatever the circumstances of your accident, it’s essential to seek professional advice and guidance from a trusted source as soon as possible.

    To find out more about making a work accident compensation claim, call 0800 234 6438 for free today and speak with a trained legal advisor. They’ll be able to provide more guidance on whether you’re eligible to make an accident at work claim, and if you are, advise you of what the next steps are.

    The legal framework for accidents at work claims

    In the past 30 years, there has been a significant increase in the implementation of Health & Safety laws to protect workers from dangerous practices, forcing companies to provide safe working environments and adequate training.

    Health and Safety at Work Act 1974

    The legal framework for accidents at work claims in the UK is primarily based on the Health and Safety at Work Act 1974, which sets out the general duties that employers have towards their employees’ health and safety.

    Under the Act, employers are required to provide a safe and healthy working environment for their employees, as far as is reasonably practicable. This includes providing training, information, and supervision to employees to ensure that they can work safely and are aware of any potential hazards in the workplace.

    The Act also places responsibility on employees to take reasonable care of their own health and safety, as well as that of their colleagues. If an employee suffers an injury at work due to their employer’s negligence or failure to meet their duties under the Act, they may be entitled to make a claim for compensation.

    Management of Health and Safety at Work Regulations 1999

    In addition to the Health and Safety at Work Act 1974, there are a number of other regulations and laws that may be relevant to workplace accidents, depending on the circumstances. For example, the Management of Health and Safety at Work Regulations 1999 require employers to carry out risk assessments and take steps to eliminate or mitigate risks in the workplace.

    The Workplace (Health, Safety and Welfare) Regulations 1992 applies to all industries with the exception of mines/quarries, construction, and ships – and are made up of several stipulations for employers, including (but not limited to):

    • Premises and equipment should be maintained to a satisfactory standard
    • Protection from falling objects should be provided
    • Safety measures should be enforced to prevent people falling from height, or falling into tanks or pits
    • Floors should not be uneven or damaged, and should be kept free from obstruction or contamination to prevent slips and falls
    • Proper ventilation for enclosed spaces

    Employers who fail to comply with the legal requirements for workplace safety may face prosecution by the Health and Safety Executive or other regulatory bodies, as well as potential civil claims for compensation from employees who have been injured as a result of their negligence.

    The Personal Protective Equipment at Work Regulations 1992

    In addition to the Health and Safety at Work Act 1974, and the Management of Health and Safety at Work Regulations 1999, the Personal Protective Equipment at Work Regulations 1992 also play an important role in workplace safety.

    These regulations require employers to provide their employees with appropriate personal protective equipment (PPE) where there is a risk to their health and safety that cannot be adequately controlled by other means. This may include items such as safety helmets, gloves, eye protection, and high-visibility clothing.

    Employers are responsible for carrying out a risk assessment to identify any hazards that may require the use of PPE, and for selecting suitable equipment that provides the necessary level of protection. They must also provide training to employees on how to use and maintain the PPE correctly.

    Employees have a responsibility to use the PPE provided by their employer and to take care of it, reporting any defects or damage immediately. Failure to do so could result in disciplinary action or even legal action in the event of an accident.

    If an employee is injured at work and it can be demonstrated that their employer failed to provide suitable PPE or failed to ensure that it was used correctly, they may be entitled to make a claim for compensation.

    Construction (Design and Management) Regulations 2007

    The laws concerning construction work are set out in the Construction (Design and Management) Regulations 2007. These regulations cover the same basic safety principles as other health and safety laws, but with the added provision that almost everyone on a construction site (clients, designers, contractors, workers, etc.) is responsible for making sure working practices are safe.

    The Work at Height Regulations 2005

    There are also separate regulations covering safety requirements for people who work at height. The Work at Height Regulations 2005 came into effect in April 2005, and place a duty of care on employers, the self-employed and anyone else who oversees other workers.

    The regulations state that:

    • All work at height must be well organised and pre-planned
    • Workers must be competent and properly trained
    • Any risks must be assessed beforehand and the correct equipment selected for the job
    • Equipment must be maintained and inspected to a satisfactory standard
    • Any fragile surfaces are risk assessed

    Employer responsibilities for preventing accidents at work

    As outlined above, employers have a legal and moral obligation to provide a safe working environment for their employees. This includes taking steps to prevent accidents and injuries from occurring. Some of the key responsibilities that employers have in this regard include (but aren’t limited to):

    Providing safe working conditions

    Employers must ensure that the workplace is safe and free from hazards. This means keeping the workplace clean and tidy, ensuring that equipment is properly maintained, and implementing measures to prevent slips, trips, and falls.

    Conducting risk assessments

    Employers are required to carry out risk assessments to identify any hazards that may be present in the workplace. This involves assessing the likelihood and severity of harm that could be caused by each hazard, and taking steps to eliminate or reduce these risks.

    Providing proper training and supervision

    Employers must provide employees with adequate training to carry out their work safely. This includes training on how to use equipment and machinery correctly, as well as training on any specific hazards or risks that may be present in the workplace. Employers must also ensure that employees are properly supervised and that they are following safe working practices.

    Ensuring proper use of equipment and machinery

    Employers are responsible for ensuring that equipment and machinery is used correctly and safely. This includes carrying out regular inspections and maintenance, providing guards and other safety devices, and ensuring that employees are using the equipment and machinery in accordance with safe working procedures.

    Providing personal protective equipment (PPE)

    Employers must provide employees with suitable PPE where necessary. This includes items such as safety helmets, gloves, eye protection, and high-visibility clothing. Employers must also ensure that employees are trained on how to use and maintain the PPE correctly.

    In the event that an accident does occur, employers must investigate the incident to determine the cause and take steps to prevent it from happening again in the future. If an employee is injured as a result of an employer’s failure to meet their responsibilities, they may be entitled to make a claim for compensation.

    To find out more about making a work injury compensation claim, or to see if you’re eligible to make a workplace injury claim, call 0800 234 6438 and speak with a trained legal advisor today. They’ll ask you to talk through what happened and how you sustained your injury, and if they feel you have a work accident claim to make, they’ll partner you with specialist personal injury claims solicitors who will work with you on a no win no fee basis to secure you the compensation you deserve.

    Making a claim for an accident at work

    Making a claim for an accident at work can be a daunting and overwhelming process. That’s why it’s important to work with a solicitor who can offer you guidance and support throughout the claims process. They can help to ease the burden on you and ensure that you receive the compensation you deserve. Remember, making a claim not only helps you to recover from your injuries, but it can also help to prevent similar accidents from happening to others in the future.

    You do need to bear in mind though, that a successful accident at work claim depends on demonstrating that the physical or mental injuries you’ve suffered were the result of negligence on the part of your employer. This can be a complex process, but with the help of experienced professionals, you can build a strong case that supports your claim and helps you get the compensation you deserve.

    Gathering evidence of negligence following an accident at work

    The precise details of all claims vary, but whether it’s a patch of oil on the floor, a piece of machinery that doesn’t have the right safeguards or a working environment which results in long term illness or injury, it’s vital that you gather as much evidence as possible for your work injury solicitor.

    The evidence to support your claim could take any of the following forms:

    Witness statements

    If anyone witnessed the accident, it is important to get their contact details and a statement from them as soon as possible. Their account of what happened can be very valuable in supporting your claim.

    Previous similar work accidents

    If there have been similar accidents in the past, this can help to demonstrate that your employer was aware of the risks but failed to take appropriate action to prevent the accident from happening again.

    Employer’s logs

    If your employer keeps records of accidents and incidents in the workplace, this can be used as evidence to support your claim.

    Ambulance attendance at the scene

    If you were attended to by ambulance personnel following the accident, their report can provide important evidence of the injuries you sustained.

    Doctor’s notes

    If you sought medical treatment following the accident, your doctor’s notes can provide valuable evidence of the extent of your injuries and the treatment you received.

    An accident book

    Your employer is required to keep a record of accidents and incidents in the workplace. If they have failed to keep an accurate record of your accident, this can be used as evidence of their negligence.

    How much compensation could I claim?

    Compensation in accidents at work claims is calculated based on a few factors, including the severity of your injuries, the impact on your life, and the financial losses incurred as a result of your injury. The compensation is designed to help you recover from your injury and cover any financial losses, such as lost wages or medical expenses.

    The compensation is usually split into two parts: general damages and special damages.

    General damages cover the physical and emotional harm caused by your injury, such as pain and suffering, loss of enjoyment of life, and psychological trauma.

    Special damages cover the financial losses incurred as a result of your injury, such as lost earnings, medical expenses, and rehabilitation costs.

    Your solicitor will use the Judicial College Guidelines as a reference point to calculate the amount of compensation you could be awarded. These guidelines provide a range of compensation amounts for different types of injuries, taking into account the severity of the injury and the impact on your life. For example, the guidelines give a range of compensation for certain injuries, such as severe wrist injury, leg and foot injuries, moderate shoulder injury, and severe brain damage.

    To determine a more accurate amount of compensation, your personal injury solicitor will assess your case and negotiate with your employer’s insurer or legal representatives to arrive at a compensation award you both agree upon.

    Time limits on claiming work injury compensation

    As specified in the Limitation Act 1980, there is a 3 year time limit from the date of the accident to make a work injury claim. However, there are exceptions to this rule. The first exception is when the person who is injured is under the age of 18. In this case, the three year time limit is applied from the date of their 18th birthday.

    The second exception is when the injury or illness is not immediately apparent. This most commonly applies to illnesses developed as a result of exposure to asbestos, such as asbestosis and mesothelioma, with symptoms often taking decades to manifest. For more information, please visit our industrial illnesses page.

    In very rare cases, the judge may decide that an exemption from the time limit is justified, but we always recommend that claims are launched as soon as possible after an accident.

    Fast-track claims for accidents at work

    The fast-track claims portal – also known as the Road Traffic Accident Personal Injury Scheme – was introduced by the government in 2010. As the name suggests, it initially only applied to road traffic accidents which were valued up to £10,000. However, due to the success of the scheme, its scope was widened in 2013 to include accident at work claims.

    The fast-track system covers any work injury claim valued at £25,000 or less, with most cases being settled within six months, reducing costs and helping accident victims obtain compensation faster. It allows information to be exchanged swiftly between opposing parties, meaning relevant decisions regarding the case are made more quickly.

    Start a claim today with Nowinnofee.com

    If you have been injured in an accident at work that was caused by negligence, call 0800 234 6438 and speak to an trained legal adviser. They’ll take your details and tell you whether or not you have a legitimate case for a compensation claim.

    If you do, you’ll be put in touch with an expert personal injury solicitors who will help you build a detailed case. You will be able to make your claim using the no win no fee system, so you won’t have to take a financial risk to claim for work accident compensation.

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