The Most Frequently Asked Questions About Accidents At Work

There are subtle differences initially in respect of the amount of time that the Defendant has to respond to your claim but on the whole they will be quite similar.  You will need evidence to support both claims and to prove that the accident happened, it was the fault of the Defendant and that it caused you injury and loss.  The main problem that can occur with accidents in a public place is that the Defendant does not by law have to have insurance and this can mean there is no-one to pay you compensation.  Most people are unaware that places such as restaurants, takeaways and shops do not by law have to have public liability insurance.  The difference with accidents at work claims is that it is a legal requirement to have employers’ liability insurance.

You have three years in which to bring an accident at work claim. However, it can be more difficult to pursue claims if they are not started until close to the three year deadline. This can include issues with obtaining insurance to cover the claim, and problems arising due to documents or information being lost over time. It is usually best to start a claim as soon as you are able to do so, and ideally within two and a half years of the accident occurring.

Make sure that the accident is reported to your employer, and that an accident report is filled out. If an accident book is completed, ensure that you read through what has been written and that it is correct before signing any document and ask for a copy of the report. If you report your accident to your employer via email, keep a copy of this. If possible, take photographs of the accident scene and take details of any witnesses.

In most cases, once you have provided us with details of your accident and the injuries that you have sustained, we will be able to submit details of your accident claim directly to your employer’s insurers via an online claims portal. The insurers will then have a set period of time to investigate and respond with their decision as to whether to accept or deny liability for your accident. The procedure is slightly different for claims which are more complex or involve serious injury, but your specialist solicitor will provide you with more detailed advice in those cases.

The compensation will be paid by insurers of the company or person who is found to be at fault. This may be your direct employer, the owners of the premises where you were working, or in relation to construction site accidents, the main contactors of the project. 

The length of time it takes for a claim to reach settlement varies from case to case. It is affected by how the claim develops (for example whether the defendants accept or deny liability) and the injuries that have been sustained (for example whether multiple medical reports are needed, or if you need ongoing treatment for your injuries). For straightforward claims where the defendants admit liability we would hope to settle cases within a period of 12 months, however the settlement period can be longer or shorter due to factors outside of our control.

If you can show that your injuries have been caused by another party then it is likely that you will be able to make an accident at work claim. The other party could be your manager, a colleague or the company itself.

It is very important that you are able to prove what happened to you and when and you should, therefore, make sure that your accident is recorded in an Accident Book. Your employer may need to report your accident to the Health & Safety Executive. You should see your GP or go to hospital as appropriate, even if you do not think initially that your injuries are particularly serious. They could develop and become much worse in the future and it is important that you have recorded what happened with the medical professionals. If you are able to, take some photographs of where your accident happened and ask anyone who saw what happened if they would provide a short statement detailing this.

If you have suffered an injury whilst at work that was the fault of someone else, then you are likely to be able to make an accident at work claim. The list of potential injuries/causes is vast but can include injuring ligaments, breaking bones, soft tissue injuries, back injuries from manual handling or accidents caused by defective work equipment, lack of training or poor work processes, falling from height, slipping, tripping and falling over.

If it can be proved that the accident was the fault of someone else and your loss of earnings was as a direct result of the accident and injuries sustained, yes, you can claim your lost wages.

This is a lost wages claim. Why mention other heads of claim.

It is a legal requirement for employers to have Employers’ Liability Insurance. It is insurers who we will usually deal with rather than your employers directly. Depending upon the terms and conditions of the insurance policy that your employer has, it is likely that the insurers would be paying the compensation.

There are laws to protect your employment rights and these include laws to prevent you from being discriminated against, bullied or harassed or dismissed from your job. If you think that your employer is treating you differently because you have made a claim, you should ask them in writing for an explanation as to why they have treated you in the way that you feel is unfair. If you are not satisfied with the response that you receive from your employer, Tinsdills have employment lawyers who will be able to provide you with expert advice on these matters. If necessary, they would be able to bring a claim in the Employment Tribunal.

If your accident at work was caused or partially caused by the actions of someone you work with, then you are likely to be able to claim.

The usual time limit for bringing a claim is 3 years from the date of your accident. Court proceedings must be commenced by this date but the sooner you bring the claim the better as more evidence will be available to support your claim. There are certain exceptions to the standard 3 year time limit, for example, if an accident occurred before you are 18 you have until your 21 st birthday to bring a claim, along with certain other exceptions. Please contact Tinsdills if you are unsure.

The vast majority of accident at work claims settle without having to attend court. If your employer admits responsibility then you would only have to go to court if we could not agree the amount of compensation that you are entitled to with them/their insurers. If they deny responsibility then Tinsdills have vast experience of bringing court proceedings and presenting your case before a Judge and you would have to attend court in this situation.

You can still make a claim if you are an agency worker and the accident was at least partially someone else’s fault. Please contact us and we can investigate who your claim should be submitted to.

You should still be able to claim even if your company has closed down as all employers must take out a policy of employers’ liability insurance. Please contact us and we will investigate who the insurer was at the time of your accident.

If you have to work at a different location or another company’s premises as part of your duties and suffer an accident whilst there as a result of their negligence, then you are likely to be able to claim.

If the accident was partially your fault and partially the fault of your employer, then you are likely to still be able to make a claim. If you are partially at fault, this is known as contributory negligence and either a court can determine, or it can be agreed, by what percentage you are at fault. If you are found to be 40% responsible, then any compensation is reduced by 40% and so on.

You have three years from the date of your accident in which to bring a claim. If your accident occurred before your 18th birthday then you have until your 21st birthday in which to bring a claim.

Most people who suffer injuries following an accident, with the right support and treatment, will make a good recovery.  Some people will however be left with injuries that mean their lives will be different than before their accident.  That is not to say that their lives will be worse or unfulfilling. We work tirelessly to ensure that everything is in place to help you recover from your injuries.  Once liability is accepted, we will work with the defendants to ensure that you receive the correct rehabilitation to aid your recovery.  Once a medical professional has made recommendations, we will secure funding so that these recommendations are put into effect. For example to ensure that any adaptations to your property can be made or equipment can be purchased.  We will secure the amount of compensation that will allow you to live your life to the full.

If a defendant has accepted responsibility for your accident then we will work with the defendant’s insurers in the claims process to obtain any treatment that you require.  This will be done under a voluntary Rehabilitation Code.  The first step will usually be for an immediate needs assessment to be undertaken to identify what help and assistance is required to help you to recover. Funding is then secured so that this help and assistance is provided.  If a medical expert recommends any treatment, we will ensure that the defendants pay for this.