If you are injured in the workplace and you believe that the accident was caused either through employer negligence or because a fellow employee made a mistake, you may be entitled to compensation. Should this be the case, you could file an accident at work claim against your employer even if a colleague caused your injuries. The reason being that employers in the UK are responsible for the actions of their employees. If you sustain minor injuries which means you can carry on working without taking any time off to recover, you may still claim compensation because it would not affect your right to file a personal injury claim against your employer.
For more information on filing accident at work claims if you don’t take time off to recover, please read on.
- Health and Safety Accident at Work Statistics
- Am I Obliged to Take Time Off To Claim Accident at Work Compensation?
- What are My Worker’s Rights After An Accident at Work?
- What Responsibilities Does an Employer Have in the Workplace?
- What Would Happen if I Carry on Working After an Accident at Work?
- Would My Accident at Work Claim be Affected If I Don’t Take Time Off?
- How Much Compensation Could I Be Awarded If I am Injured at Work?
- Is it Worth Seeking Compensation for an Employer if I Am Injured at Work?
- Would I Lose My Job if I File an Accident at Work Claim Against My Employer?
- How Long Would I Have to File an Accident at Work Claim Against My Employer?
- Are There any Benefits to Having Legal Representation if I Seek Accident at Work Compensation?
- Would a No Win No Fee Solicitor Represent Me if I Don’t Take Time Off After an Accident at Work?
- Informative Links
The number of accidents in the workplace that resulted in injury to employees from 2016 to 2017 stood at 1.4 million according to a report published by the Health and Safety Executive with 144 workers being involved in fatal workplace incidents.
A report published by a Labour Force Survey determined that 555.000 workers and other staff were involved in incidents that left them suffering from some kind of workplace injury with 71,062 employees sustaining reportable injuries to the RIDDOR. It is estimated that the cost of injury and ill-health stood at about £15 billion for the period from 2016 to 2017.
If you suffered any sort of injury at work, whether minor or severe, you are not obliged to take time of work in order to claim compensation from an employer who could be responsible for the injuries you sustained. If you think your employer failed to keep you safe and you were injured at work, you should contact a solicitor at who would determine whether you have a case by offering you a no obligation, free, initial consultation.
If you suffer minor injuries in an accident at work, you are not obliged to take time off if you want to seek compensation from an employer. It would be your choice as to whether you need to take time off work to recover if your injury is such that it affects your ability to carry out the work you normally do.
With this said, you should consider several things prior to making a decision as to whether you would need time to recover or not which are as follows:
- The kind of workplace injury you sustained and the seriousness of the damage you suffered
- The kind of work you carry out – if your job is physically demanding, your injuries may prevent you from working. If the work you do is less physically demanding, you may be able to carry on working without the need to take time off to recover
- To take into account any recommendations your doctor or other medical professional provided. Should a doctor recommend that you take time off to fully recovery or if needed that you undergo rehabilitation therapy, you should follow their advice
- Whether your injuries are such that by continuing working or going back to work too soon may make the symptoms you are experiencing that much worse
If you suffered injuries that oblige you to take off work to recover, you should always follow the procedure as set out by an employer following an accident at work. You have the right to “self-certify” yourself for seven days. Following this, you would need to provide an employer with a medical report/note from your doctor or other medical professional.
As an employee in the UK, you have specific rights which are protected under the law. Your employer must respect these rights and if they do not, they would be in breach of UK law. As such, employers cannot prevent you from doing the following:
- Object or prevent you from filing an accident at work claim against them
- Treat you detrimentally or unfairly if you seek compensation following an accident at work that leaves you suffering from some kind of injury or work-related illness
- Fire you or threaten you with redundancy if you file a personal injury claim
If you feel that you are being treated unfairly following an accident at work, you should contact a solicitor at www.accidentclaims.co.uk who would quickly assess whether your employer has treated you unfairly or acted unlawfully towards you. Should it be found that an employer is in breach of the law, the solicitor would provide essential legal advice on how to pursue further compensation from your employer.
Your employer has a duty of care towards you and your fellow employees in the workplace and if they fail to keep you safe from injury and harm, they could be held in breach of their legal “duty” towards you. There are laws and legislation in place that protect all workers which your employer must abide by. These cover employees, workers and other staff whether permanent or temporary, contractors or self-employed people who are under the control of a specific employer.
Employers in the UK must do the following to reduce the risk of harm and injury coming to the people who work for them:
- Ensure that a work environment is safe, clean and tidy
- That sufficient and ongoing training is provided to all employees and other staff
- That tools, machinery and equipment is correctly maintained in good working order
- That the right sort of industry standard personal protective equipment – PPE – is available at all times and that it is correctly stored when not in use
- That risk assessments are routinely carried out to identify hazards and dangers so that all feasible safety measures are set in place to reduce the risk of accidents occurring
- That all people in the workplace are aware of good working procedures and practices
If you suffer an injury whether minor or severe because your employer failed to protect you in the workplace, they could be held liable and as such, you may be able to seek compensation by filing an accident at work claim.
You have the right to carry on working if you suffer an injury in the workplace and it would not affect your ability to seek compensation from an employer. However, you must ensure that the following has been done:
- The incident that left you injured was reported to the employer or the person in charge
- That the accident and your injuries were recorded officially, whether this is in the work’s Accident Book or in a personal email or registered letter to the employer
Your employer must respect your decision to work but they must also do their best to assist in your recovery. As such, an employer should request that the jobs you are asked to do are not too physically demanding. It is also important for an employer to set in place measures to reduce the chances of the same accident happening again in the future.
If you decide to carry on working and not take any time off following an accident that leaves you suffering from an injury, it should not affect your right to claim accident at work compensation providing you have enough evidence to support the fact that your employer could be held responsible for the injuries you sustained. Even if the accident was caused by a fellow employee, your employer would still be deemed liable which is referred to as vicarious liability.
If you think you may have been partly responsible for the workplace injuries you sustained, you could still be entitled to seek compensation from your employer because they could also be held partly liable which is known as contributory negligence on the part of an employer.
The evidence you would need to provide if you are thinking about making an accident at work claim against your employer is as follows:
- Accident Book record of the workplace accident and the injuries you suffered
- Medical reports
- Statements from witnesses together with their contact details
- If available, CCTV footage of the workplace accident
- Photos of where the accident occurred
- Photos of the workplace injury you sustained
If you decide not to take any time off work following an accident that left you injured, you would not be able to claim any “loss of wages”. However, you would be entitled to claim any other damages and losses that you incurred which would include any expenses and other costs you paid out as a direct result of the workplace injuries you suffered.
When it comes to the amount of accident at work compensation you could receive, there are several factors that must be taken into account which are as follows:
- The extent of the workplace injuries you sustained. For a minor injury suffered at work, you would be awarded less in the say of compensation than if your injuries were a lot more severe
Personal injury compensation is calculated in two very specific categories as follows:
- General damages – these are calculated on the extent of your injuries and based on the Judicial College Guidelines
- Special damages – these are based on “actual costs and expenses” you paid out as a direct result of the workplace injuries you sustained
Because special damages are awarded to reimburse and compensate you for your actual expenses, it is important to keep all relevant receipts which are required to support your claim. You would be reimbursed for the following when awarded special damages:
- Travel and medical expenses
- Care costs
- All other expenses that can be directly linked to the workplace injuries you suffered
Because you don’t take time off work following an accident at work injury, you would not be entitled to claim the following:
- Loss of earnings
- Loss of future earnings
If you are injured in the workplace through employer negligence or because a colleague caused the accident, you are entitled to seek compensation no matter how minor or more serious your injuries happen to be. Even if your injuries are slight, you may still be out of pocket because you may have to pay for prescriptions, the cost of travelling to hospital or other medical facility to receive treatment, therapy or rehabilitation. As such, you have the right to be compensated for these expenses which you incurred through no fault of your own.
Employers in the United Kingdom must have liability insurance which is compulsory. As such, when you file an accident at work claim to be compensated for the distress, pain, suffering and out of pocket expenses you incurred, it is your employer’s liability insurance provider who deals with your case. This includes paying out the accident at work compensation you may be awarded whether through a court or in a settlement that is reached out of court, bearing in mind that most successful personal injury claims are settled in this manner.
Should your employer threaten you in any way which includes the threat to make you redundant or to fire you because you seek compensation following a workplace accident that left you suffering from injuries, you should contact a solicitor at www.accidentclaims.co.uk because your employer would be in breach of the law. Employers cannot treat you unfairly or detrimentally if you seek compensation from them. They must have another good and “valid” reason for giving you the sack and if they do not, you could be entitled to file further legal action against them.
There is a statutory time limit associated with personal injury claims. However, when the 3 year time limit begins differs depending on several things which are explained as follows:
- The statutory 3 year time limit would start from the date you were involved in an accident at work in which you suffered injuries
- The statutory 3 year time limit would begin from when you are diagnosed as suffering from a health issue that can be directly linked to the workplace injury you sustained
- The statutory 3 year time limit would begin from the date of your 18th birthday if you were injured in the workplace before you were 18 years old
If you suffered injuries in the workplace and believe that your employer did not do enough to prevent you from being involved in an accident at work, you should contact a solicitor who would advise you on what cause of action can be taken to seek compensation for the injuries you sustained.
There are many benefits of having legal representation if you were injured at work and would like to seek compensation from an employer who was in breach of their duty to ensure you were kept safe from harm at work. Claiming compensation by filing an accident at work claim is one of your rights and a solicitor would assist you when it comes to gathering all the necessary evidence required to support your claim. This would include a specialist medical report that details the extent of the workplace injuries you suffered.
The advantages of having a personal injury solicitor represent you when filing an accident at work claim, would include the following:
- Accident at work solicitors have the necessary experience in handling claims for people injured in the workplace whether their injuries are slight and they continue working or their injuries are more severe which prevents them from working during their recovery
- As soon as a solicitor establishes that you would be entitled to claim accident at work compensation from your employer, they would typically offer to represent you on a No Win No Fee basis which in short, means you can file a personal injury claim without any financial risks
- Solicitors can access legal libraries which can be referenced when investigating your claim
- A solicitor would be able to tell you about the level of accident at work compensation you could be entitled to receive and would do so at the earliest opportunity
- Personal injury solicitors respect both pre-action protocols and the statutory time limit that is associated with work-related personal injury claims
- The solicitor who represents you on a No Win No Fee basis would ensure that the level of accident at work compensation is acceptable and fair
Whether you need to take time off work or not following an accident at work that leaves you injured, you should still contact a solicitor at www.accidentclaims.co.uk so they can determine whether you have a strong case for compensation before advising you on how best to pursue your case against a negligent employer.
As mentioned previously, a personal injury solicitor would assess your case against an employer and once they are happy that your claim is strong, they would offer you No Win No Fee terms when representing you. Even if you do not take time off work following an accident at work, you could still be entitled to seek compensation as long as you have sufficient evidence to show that your employer failed in their duty to keep you safe at work.
The initial consultation that you have with an accident at work solicitor would be free of charge and you would not be obliged to pursue your claim if you do not want to. This initial consultation is typically carried out over the phone although if your case is more complicated, you may need to have a face to face meeting with a solicitor.
A Conditional Fee Agreement or No Win No Fee agreement is a contract signed between both parties, yourself and the solicitor who represents you. Once the contract is signed, the solicitor is able to begin work on your case without the need for you to pay them a retainer (upfront fee) for them to do so.
You would not have to pay ongoing fees as your claim progresses and the only time that the agreed “success fee” would become payable, is when you receive the accident at work compensation you seek. Should you lose your claim, you would not have to pay the solicitor for the services they provided when representing you in an accident at work claim.
For more information regarding accident at work statistics in the United Kingdom, please follow the link provided below:
For more information about statutory time limits associated with accident at work claims, please click on the link provided below:
If you would like information regarding compulsory liability insurance that your employer must hold, please click on the link provided below: