Accident at Work FAQs
If you've had an accident at work, you may be considering claiming personal injury compensation.
This can help as you recover from the injuries sustained. But you may have questions about the process, your eligibility to make a claim, and how it all works.
We've compiled a list of frequently asked questions:
What is an employers liability claim?
An employers liability claim focuses on the attempt to recover compensation from an at-fault party – your employer – following an accident at work.
The compensation will help with rehabilitation and any adjustments required should your life be altered by the injuries sustained.
The claim may be against your employer, but the compensation will be paid by the employer’s insurance provider.
What measures should my employer take to prevent a workplace injury?
With a duty of care for their staff, employers should do their best to identify and mitigate the possibility of a workplace injury happening. This requirement is shown in a number of ways; risk assessments of the workplace environment, regular inspection of work equipment, training for staff, and providing appropriate equipment to allow employees to do their job safely. All of these contribute to the measures that a company should be taking to ensure workers can conduct their duties safely.
Can I make a work accident claim?
When considering if you can make a work accident claim, the nature of the accident must be considered.
If you believe you can prove that another party was at fault for the accident and you suffered injury as a result, then you could be eligible to make a claim.
It’s important to have the necessary evidence to support your claim; without that, the employer may contest liability and there is a chance of an unsuccessful outcome. The more evidence you have, the stronger your case.
It’s also important to check your eligibility to make a claim before pressing ahead. For example, if the accident occurred more than three years ago, you’d be unable to make a claim as the time limit, imposed by law, only allows for claims to be started within three years of the accident date (there are certain exceptions to this).
Winns were professional and thorough, they ensured I received the best treatment for my injuries and I can’t recommend the physio they provided enough! Amazing service and the compensation paid out for my injury was appropriate and fair.
Denise
What should I do after an accident at work?
The first thing you need to do if you are considering making a work injury compensation claim is to inform your employer of the incident ASAP, making sure that they note it in an accident log. If this is not done, then make a record of the accident yourself. A record of the incident can be vital to the success of the case, and you can find further information on what to do if an accident log does not exist on the Citizens Advice website.
The next step should be to see a doctor for an examination. Even if your injuries seem minor, a doctor's assessment will help you to get relevant treatment whilst also providing a record of your injuries.
How to make an accident at work claim?
If you have an accident at work, you should start the process of making an accident at work claim with Winns. We can take care of everything while you recuperate, including organising any appropriate medical care that you may need, such as physiotherapy. We'll keep you updated every step of the way, so you can focus on getting better and getting back to work.
While you're away, your employer should carry out an investigation into what happened, as well as the cause of your accident. This will help them to identify any shortcomings and see where they can make improvements to prevent further accidents. This can include implementing new training and safety checks, as well as purchasing new equipment.
Start your accident at work claim by giving the team at Winns a call, now.
I’ve had an accident at work, what are my rights?
It is the responsibility of your employer to make sure that you are kept safe during your time at work, by providing the right equipment and training, as well as creating an environment where you can expect not to come to harm. If they fail in that undertaking, then you, as an employee have certain rights should you be injured at work:
- The right to make a claim
- The right to be compensated for your injuries and employer's negligence
- The right to pursue a claim without being treated detrimentally
- The right to sick pay
Each of these points is covered within our Accidents at Work page, but if you have any questions then please contact the team at Winns.
Accident at work compensation checklist
When it comes to submitting a claim, your chances of success will be boosted if you have as many of the evidential matters on our accident at work compensation checklist as possible.
It’s not essential to have them all, but the more evidence you collate the stronger your claim will be:
- Make sure your company has recorded the accident
- Produce a written version of events from your perspective
- Can CCTV be obtained?
- Take photos of the scene of the accident
- Get the details of anyone who witnessed the accident.
These are just some of the evidential points that could help your claim. Don’t worry if you don’t have all of them, your file handler will be able to assist.
If you think you might be eligible to make an employers’ liability claim, request a call back from our team today.
The service I received was exceptional. From keeping me updated every step of the process to explaining everything in detail.
Sandra
What is the settlement time for injury at work claims?
The time it takes to settle a claim can vary from case to case and be dependent on liability arguments, the nature of the accident, and the severity and complexity of the injuries sustained by the affected party.
How much can I claim?
The settlement entitlement for work injury compensation claims varies with each and every case. A number of factors have to be taken into account, such as the severity of the injuries, time away from work, and loss of earnings, to name a few. In order to get a better idea of how much compensation you may be due, speak to a member of Winns' expert team, today.
Can I be sacked for having an accident at work?
If you're worried about making a claim following an accident at work, then you can rest easy. It's illegal for an employer to dismiss you following a claim for work injury compensation under UK employment law.
If they do, or you suspect that they have let you go as a result of a claim being brought, then you have the right to make a legal claim for unfair dismissal.
More FAQs
What should my employer do if I've had an accident at work?
Firstly, your accident, and the details of it, should be noted in the company accident book. They should also pay you sick pay, as stipulated in your contract, and allow you time off to recover from your injuries if required.
How to make an office accident claim?
If you’re looking to make an office accident claim, it is best to discuss the circumstances of the accident you’ve had, and the injuries sustained, with a legal professional. By contacting the team at Winns, you can have a no-obligation chat and be told if you have an eligible claim for compensation.
They’ll talk you through the process and begin pulling together relevant evidence and information required to support a claim against your employer.
Once this is obtained, your legal representatives will negotiate with the third-party insurers with the aim of getting the compensation you deserve. Should the negotiations fail to find a mutually agreeable outcome, the need to go to court will arise.
This is a rare occurrence and most of the time claims are settled before this point.
Should I claim for an accident at work?
Providing the work accident wasn’t your fault, and injuries were sustained as a result, you could make a claim. The aim of such a claim is to support a client in their recovery and rehabilitation, as well as limit the potential financial implications of being off work. If you’re in this situation, consider your options and discuss potential next steps with a legal professional like Winns.
Do I still get paid if injured at work?
The amount that you will be paid if injured at work depends on the contract you have with your employer. Some companies offer an occupational sickness scheme, with the exact amount of pay you will be entitled to during your recuperation being outlined in your contract. If this scheme isn't in place, then you will still be entitled to Statutory Sick Pay (SSP). Under SSP, you will receive £94.25 per week before tax for up to 28 weeks, so long as you have been unable to work for at least four days in a row.
Claim for accidents at work - what evidence do I need?
When seeking to prove liability after an accident, it is important to gather as much evidence as possible. The sooner the better. Photographs of the scene, witness statements (or certainly the contact details of the individual) from people who saw the accident occur, and any CCTV footage that may be available will enhance your chances of successfully claiming. Discuss this with Winns to find out more.
How to choose an accident at work solicitors
There are plenty of accident at work solicitors that can cater for accident at work claims. When deciding which one to pick, look at their review ratings and feedback from clients on platforms like Trustpilot. This will support you in finding those accident at work solicitors, like Winns, who have genuinely helped their customers with outstanding service from start to finish consistently and repeatedly.
How long does it take to settle an accident at work claim?
Based on different factors, there is no definitive settlement timeframe when making an accident at work claim. The complexity of the claim and the injuries suffered, as well as the question of ‘is the acceptance of liability from the third party going to be straightforward?’, and other related factors that are beyond the control of the legal body representing you; these points all mean it’s not possible to say exactly how long a claim will take to settle. It’s important to manage your expectations on this front and discuss with your file handler, who is better placed to provide a more informed timescale.
Can I claim on a no win, no fee basis?
With Winns, every accident at work compensation claim is carried out on a no win, no fee basis, so you don't have to worry about extra expense upfront. If your case is successful, any costs that have been incurred are recovered from the other side (normally paid from the same employer's liability insurance as your work injury compensation), and we would deduct a success fee from your compensation, as set out in the funding agreement. If for any reason your case is unsuccessful, then you still won’t have to pay a penny, as long as you have followed the terms of our funding agreement.
How long do I have to claim after an accident at work?
In England and Wales, there is a very clear window for making a claim following an accident at work. In most cases, if you do not commence court proceedings within three years of the incident that caused your injuries, then your claim may be considered 'time-barred' and will probably leave you ineligible for compensation. However, there is often a lot of work required before this can be done, so we would always advise you to contact Winns as soon as possible after the incident, to allow us to begin work on your behalf.
If you are unsure about how long ago your accident at work happened, get in touch with Winns today to speak to an advisor.
To make an accident at work claim, get in touch with our dedicated team today.
