Accident at work claims 

Making a personal injury claim is not fair grounds for being dismissed from your job after an accident. 

If you are sacked after making an accident at work claim then this could be classed as unfair dismissal. Additionally, if your employer makes your life difficult after a claim and you then felt pressured to resign then you may have grounds for a constructive dismissal case.

Generally speaking, a workplace injury is any physical injury you suffer while carrying out the course of your duties.

It is not enough to simply hurt yourself at work. For example, if you work in an office and trip while going down the stairs that may not be a strong enough argument to make a claim. However, if you fall down the stairs after tripping on the loose carpet at the top of the stairs then you would be more likely to have a case as your employer has a duty to provide you with a safe working environment.

Employers are required by law to have Employers’ Liability Insurance. This insurance is their safeguard against loss, whether as a result of accidental damage or negligence leading to an individual making a claim against the organisation.

There are many safety regulations in existence to cover many different industries but broadly speaking there are a few key issues that form the foundation of any safe workplace:

• To provide proper equipment and machinery
• To provide adequate training
• To make sure that health and safety regulations are followed
•  To make sure that any risks have been properly assessed

If your employer fails to provide any of these and you are injured as a result then you may have grounds to make a workplace accident injury claim.

Yes – depending on circumstances. If you are employed on a zero-hours contract you are still an employee and therefore you are still entitled to the same safety considerations as any worker.

This is also true if you are self-employed or are employed by an agency. There are still expectations of safety you are entitled to and strict regulations that employers, site managers or contract holders must follow.

Yes - especially if there is evidence to show you were not provided with the right training before it happened. This is common in construction cases where workers were asked to handle power tools yet were not given any training on how to use them safely.

In some cases it may be that contributory negligence applies – this is a legal argument that means the injured person shoulders some of the responsibility. This can sometimes result in a small deduction in final payments however this is rare. Our solicitors also have the experience to know how likely a problem this is – and the experience to know how to avoid the other side making that argument.

This will all depend on your contract with your employer. Not all workers receive full pay if they can’t work due to sickness or injury.

However, if you don't get full sick pay you are entitled to Statutory Sick Pay (SSP) to help you get by. 

As part of your compensation claim, we will take into account any loss of earnings you suffered as a result of your injury - and any losses you may experience in the future as a consequence. For example, if you are no longer able to go back and do the same job because of your injuries, or if this will impact on future job prospects and promotion.

No - Many of our clients are worried their employer will be personally responsible for paying their compensation out of their own pocket. This does not happen. Your work is required by law to have Employer’s Liability Insurance and it is this insurance that pays out in the event of an injury claim. 

There are standard parts to every claims process that each client is likely to experience with Digby Brown even though the circumstances, injuries and aftereffects of each accident or injury differ.

• Statements – the first thing your solicitor will do is speak with you to find out what happened, how you were hurt and how it impacted your life.
• Intimating the claim – we write to the other side to let them know we are making a compensation claim on your behalf. This starts the dialogue between both parties.
• Evidence and reports – we gather all the different reports and statements needed to support your claim. This could be workplace accident log entries, witness statements, HSE investigation reports, police reports or other relevant documents from experts around specialist work tools or processes.
• Your injuries – we collect all the medical evidence related to your injuries and treatment to better understand the immediate, short and long-term impacts. It may also be the case that we put you in touch with a specialist for further help.
• Your financial losses – we gather evidence of your current earnings and speak to employment and financial experts. They can assess if your injuries could prevent you from working in your present job or have left you with limited career progression and, if so, what earnings you’ve lost as a result.
• Agreeing on liability – This is when we start to argue the case and get the other side to accept liability (fault). If they accept liability they become legally obliged to compensate you.
• Agreeing on quantum (how much compensation the insurer should pay) – This is where we tell the other side how much we are suing for. We also show them all the medical, financial and accident evidence to support this value.
• Settlement – If all is agreed the case is settled. If the other side offers a value we believe is less than we think you are entitled to then we have no other choice than to take the case to court. However, this is rare as most cases settle out of court. Even if it goes right to the wire and you’re at court, the case still often settles with quiet discussions before the court formally opens.

According to the HSE, there are crucial steps that your employer must undertake in order to provide you with a safe working environment.

• Assess risks - Employers have duties to assess risks in the workplace (commonly known as ‘risk assessments’). This means identifying work activities that could cause injury or illness and taking action to eliminate the hazard, or if this isn’t possible, control the risk.
• Provide information about risks - Employers must give workers information about the risks in their workplace and how they are protected, and also instruct and train them on how to deal with the risks.
• Consult employees - Employers must consult employees on health and safety issues. Consultation must be either direct or through a safety representative that is either elected by the workforce or appointed by a trade union.
• Provide health and safety information -Employers have a legal duty under the Health and Safety Information for Employees Regulations (HSIER) to display the approved poster in a prominent position in each workplace or to provide each worker with a copy of the approved leaflet.