If you have had an accident at work that wasn't your fault, and you were injured, you will usually have a right to make a personal injury claim. Your employer owes you a duty of care, which means that they must provide a safe working environment and minimise any risks you might face. They should carry out regular risk assessments, take any steps necessary to mitigate these risks and implement suitable processes in line with health and safety regulations. If they don't, and you suffer an injury, you will normally have the right to claim. It's important to speak to a solicitor about the specifics of your case to find out.

There are lots of different reasons why an employer might be found liable for an accident that happens on their premises, or even outside of the workplace. Some people believe that an accident was their fault and don't realise that, from a legal standpoint, their employer might actually be found liable. For example, if you are injured while lifting and carrying, you might think it was your fault. But if your employer failed to provide suitable lifting and carrying training before asking you to perform those tasks, the accident might be their fault rather than yours.

The right to make a claim isn't your only right. If the accident affects your ability to work, you have the right to have your employer make accommodations for you. People who are left entirely unable to work after an accident can have their lost future earnings considered as part of their compensation calculation.

Your employer can't sack you or punish you for making a claim, because you are exercising a legal right. If they try to do so, they can face legal consequences and this might also result in more compensation for you at the end of the claims process. Under the Employment Rights Act 1996, dismissing an employee for making a compensation claim may be considered unfair dismissal.

Employees have the right to claim unfair dismissal if they have been employed for a minimum period, normally two years, and are let go from a company without a legitimate reason. An unfair dismissal claim can be brought before an employment tribunal, and if the employer's conduct is found to have been unfair, you could be awarded compensation and potentially reinstatement to your position. This is a separate legal process from an accident at work claim but, as a full-service law firm, Switalskis can help with all of your legal needs and offer a comprehensive service in these cases.

If you need to take time off work to recover from an injury, you might have the right to claim statutory sick pay, although this depends on the specifics. Some companies have their own sick pay schemes that may entitle you to more money. If you lose out on your normal pay or experience out-of-pocket expenses related to your accident, these can be factored into your compensation amount, which helps to make sure you don't lose money due to an accident that wasn't your fault.

To support an accident at work claim in the UK, you'll need to gather a lot of evidence. You don't have to do this on your own. Your solicitor can help you throughout this process. Still, if you've just experienced an accident at work it can help to start collecting evidence as soon as you can. Whatever you can gather before you instruct a solicitor and start the legal process will help to make sure your claim is as strong as possible.

• Accident book: make sure the accident is recorded in your workplace's accident book. It's a legal requirement for every workplace to have one of these. If your employer carries out an investigation or fills in an incident report, you should also ask for a copy.
• Photographs and videos: take - or have someone take - photographs or videos of the accident scene, machinery, or equipment involved. These should include any visible hazards or safety breaches. If you can, you should also document your injuries with photographs immediately after the accident and during your recovery process.
• Diary of events: write down any details you can remember about your accident, and record your experiences during your recovery.
• Witness contact details: take down the contact details of any witnesses to the accident. Your solicitor will later gather statements from any colleagues or other witnesses who saw the accident occur, as this can corroborate your version of events.
• Work records: gather any evidence you have about your employment, including your role, responsibilities, and the hours you worked. If you have evidence of any health and safety training you received (or lack thereof) this can also support your claim.
• Communication: save any correspondence you have with your employer and any other relevant parties relating to your accident and injury. This includes emails, letters, SMS messages and any other form of communication.
• Finances: provide any payslips or bank statements that show you lost earnings due to your injury. Throughout this process, it's important to keep receipts for any out-of-pocket expenses incurred as a result of the accident, such as travel costs for medical appointments or home modifications. You should also keep copies of any medical bills and receipts for treatment, medication, and any other related expenses. These can be factored into your compensation amount.
• Medical records: it is important that after your accident you attend the hospital and/or your GP so medical professionals can assess the nature and extent of your injuries, the treatment required, and the prognosis. Your solicitor will access your medical records and use these to support your case.
• Expert evidence: your case may rely on evidence from independent experts. Your solicitor may arrange for a medical examination by a relevant expert, or obtain a statement from a safety expert or other professional who can assess your workplace's conditions and determine the cause of the accident.

It may not be possible to secure all of these types of evidence. A solicitor can assess the evidence you have and inform you of the viability of your claim. They can also support you to obtain more evidence to give you the strongest chance of success.

Filing a claim means sending a letter of claim to the party your personal injury solicitor believes is responsible for your accident. This may be your employer, their insurance company, or another party. However, in most cases, you should expect that your employer will find out about the claim, even if they are not notified directly. Most of the time, they will be asked to give evidence about the accident or to participate in the insurance company's investigation into the circumstances.

Even if your employer learns about your claim, they should not treat you any differently as a result. It is illegal for your employer to retaliate against you for making a claim, and there can be both legal and financial consequences for them if they do so.

The amount of compensation you can claim depends on a number of specifics, from the type of injury you have experienced to the circumstances of the accident. This is because compensation in a work accident claim is designed to support the individual. Therefore, it's impossible to know how much compensation you could expect without talking to a solicitor about your circumstances.

The damages you are awarded will take into account the specific financial losses you've experienced due to the accident, and your pain and suffering. The latter is based on Judicial College guidelines that set minimum and maximum amounts for general damages. For example, if you experience serious injuries, and long-term symptoms or constant pain, you will receive more compensation.

In some cases, your solicitor may be able to secure interim payments. This means that you will receive a portion of your compensation before your accident at work claim is concluded. It can help you to pay for treatment or other things you need, without waiting for the whole process to end. However, these payments will be taken from your compensation total, so they will not affect the overall damages you are awarded.

You can make a personal injury claim even if you are a temporary or contract worker. In fact, you don't need to be a worker at all - members of the public and site visitors can also make claims if they are injured in public spaces or workplaces.

However, it's important to note that you won't necessarily have the same rights or protections as a permanent worker. For example, the business may be able to end your contract prematurely or take other actions against you in response to a claim.

Even with this said, it's vital to claim compensation. This will cover things like lost earnings and financial losses relating to your injury. The team at Switalskis can help to evaluate your likelihood of making a successful claim, so you can then decide how you want to proceed.