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How to claim for an accident at work

By Katrina Elsey

Published In: Personal Injury

Workplace accidents are unfortunately common, affecting thousands of employees across various industries in the UK. In just a single moment you can suffer serious injuries,long-term pain, not to mention affecting both your mental wellbeing and financial stability .. If your employer is at fault for your accident at work, you have the right to claim compensation - typically through your employer’s liability insurance.​

In this article, our experienced personal injury team will talk you through your employer’s legal obligations, and what you can do to preserve the evidence that will help build a strong case for your workplace injury claim.

Helping man who has had an accident at work

What is your employer's duty of care?

Under the Health and Safety at Work Act 1974 , all employers in the UK are legally obligated to look after the safety and wellbeing of their employees. If they have failed to:​

  • Provide proper training 
  • Maintain and regularly inspect equipment
  • Supply appropriate personal protective equipment
  • Implement and enforce safety procedures
  • Conduct regular risk assessments
  • Clean up obstructions, spills and other hazards like faulty lighting

Then they may be negligent, meaning they are liable for any injuries you have sustained.

Common types of workplace accidents

Accidents can happen at any time or place, in offices, warehouses and while driving as part of a job. We speak to many people who have suffered an accident in the workplace, and in our experience these are some of the most common accidents that occur: 

  • Slips, trips and falls: often caused by wet floors, uneven surfaces or obstacles left in walkways.​
  • Musculoskeletal injuries: resulting from repetitive tasks, heavy lifting or poor ergonomics.​
  • Falling objects: injuries from unsecured equipment or items tumbling from shelves.​
  • Machinery accidents: occurring due to inadequate training, lack of safety guards or malfunctioning equipment.​
  • Exposure to hazardous substances: health issues arising from contact with chemicals, fumes or dust.​
  • Burns and scalds: from contact with hot surfaces, liquids or chemicals.​
  • Electrical accidents: due to faulty wiring, equipment or lack of proper safety measures.​
  • Workplace violence: physical assaults or threats occurring within the workplace, usually in public-facing roles such as in retail or healthcare.​
  • Vehicle-related accidents: involving forklifts, trucks or cars used during work activities.​

Steps you should take following your accident

A good workplace accident solicitor will gather together all the evidence relating to your accident to make a strong personal injury claim. However, in the period immediately after your accident there are things you can do to collect and preserve evidence that will make your case much stronger: 

  1. Seek medical attention: prioritise your health by consulting a healthcare professional, even if your injuries seem minor. This will also create a medical record of your injuries.​
  2. Report the incident: notify your employer or supervisor immediately and make sure the accident is recorded in the company's accident book.​ In some cases, the incident may need to be reported by your employer to the Health and Safety Executive.
  3. Document the scene: take photographs of where the workplace accident occurred, your injuries and any contributing factors.​
  4. Collect witness information: obtain the contact details of anyone who witnessed the incident, so they can make a statement to our team later.​
  5. Keep detailed records: keep copies of medical records, correspondence with your employer and receipts for any expenses incurred due to your accident.​

Understanding your rights

You may feel worried or even intimidated by the idea of claiming compensation from your employers; however, you are legally protected by certain rights:

  • Right to compensation: if the accident was due to employer negligence, you are entitled to claim for damages, including for pain and suffering, lost earnings and medical expenses.​
  • Protection from retaliation: it's unlawful for your employer to dismiss or treat you unfairly for making an accident at work claim.​
  • Right to return to work: After recovery, you should be allowed to resume your position or a suitable alternative role.​

These rights mean your employer can’t treat you differently because you claimed the compensation you were entitled to for your injuries.

The claims process

Pursuing a work compensation claim will generally involve these key steps:

  1. Consult a personal injury solicitor: the team at Switalskis will listen to your story and evaluate the strength of your case.​
  2. Gather evidence: your solicitor will work with you to compile the necessary documentation such as medical records, accident reports and witness statements.​
  3. Notify your employer: we will inform your employer of your intention to claim compensation, typically through a formal letter.​
  4. Negotiation: discussions about reaching a fair settlement will begin. Many claims are resolved at this point, without proceeding to court.​
  5. Begin court proceedings: if a settlement cannot be reached, we may look to start court proceedings on your behalf. If the claim gets to this point, don’t worry; we’ll build a strong case and represent you before the judge with a powerful argument.

How much compensation can I expect for a workplace injury?

Determining the exact amount of compensation for a workplace accident can be complex, as each case is unique. Factors such as the severity of your injuries, their impact on your daily life and any financial losses you've suffered will all play a significant role in the final settlement. At Switalskis, our team will assess your specific circumstances so we can make a claim that fully covers the pain, losses and costs involved in your accident.

How Switalskis can help

At Switalskis we are committed to guiding you through the entire accident at work claims process - from the moment you contact us, your claim is in safe hands. You can be sure that we’ll listen to you about the impact your accident has had on your life, and we will work hard to make sure you get the compensation you are entitled to.

We operate on a no win, no fee basis, eliminating any financial risk associated with starting your claim. This means you won't need to worry about upfront legal costs, and if your claim is unsuccessful, you won't owe anything.​

If you've been injured in a workplace accident that wasn't your fault, don't hesitate - begin your compensation claim today. Contact Switalskis on 0800 138 0458 or use our online contact form to arrange your free consultation.

Find out how Switalskis can help you

Call Switalskis today on 0800 1380 458 . Alternatively, contact us through the website to learn more.

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Katrina has over 25 years’ experience in the legal sector. She is a Senior Associate Litigation Executive in the Personal Injury department.

Senior Associate Litigation Executive

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