Accidents at Work Claims

If you have been involved in a work accident that was not your fault, you could be eligible to make an accident at work claim and receive compensation for your injuries. At Clough & Willis, our expert accident at work solicitors are here to help you maximise your chances of making a successful claim. 

We have many years of experience helping people recover compensation for injuries caused by accidents at work due to negligence or health and safety breaches. We can help you understand your legal rights, walk you through the claims process and put together the strongest possible case for your compensation claim. 

Suffering an injury at work is hugely stressful, with an impact on both your wellbeing and career. We understand this, which is why we offer no win, no fee accident at work claims, with a focus on making the legal process as straightforward and stress-free for you as possible. 

Get in touch with our specialist injury at work solicitors to learn more about making an accident at work claim. Call us today on 0800 083 0815, or fill out an online enquiry form on the side of this page to request a call back at your convenience.

How we will help you claim accident at work compensation

At Clough & Willis, we can help you claim compensation for any kind of accident at work, whether they have resulted in minor damage or a life-changing injury. Here are some of the specific types of injury claims at work that we can handle for you: 

• Slips, trips and falls at work
• Falls from height at work
• Manual handling injuries
• Dangerous machinery accidents
• Forklift truck accidents
• Professional negligence 

By getting in touch with Clough & Willis, our accident at work solicitors will advise you how much compensation you can claim for the pain and suffering you have experienced as a direct result of your work accident. We will explain every step of how to make an accident at work compensation claim in simple, easy-to-understand terms, to make sure you are fully aware of all of your rights and responsibilities in these cases. 

We will help you claim for past and future loss of earnings and loss of pension benefits, including: 

• Interim payments
• Payments for private medical treatment
• Company sick pay and health insurance policy claims
• Benefit entitlements arising from incapacity for work 

We understand that you may be worried about losing your job if you make a claim, and we will help you to understand how the law protects employees in this situation, and ensure that these rights are upheld.

No matter what kind of work accident you have suffered, the legal experts at Clough & Willis will be able to help. Our team is led by our Partner and Head of Litigation Chris Macwilliam, an expert in personal injury and employment law cases with more than 40 years of experience. We have a keen understanding of how to get the very best outcomes for our clients, and can arrange a free, no-obligation initial interview with you to discuss the details of your case.

Injury claims at work - your FAQs

When can I make an accident at work claim?

You can claim for many different types of accidents at work, whether you have sustained injuries while operating machinery, while lifting heavy objects, in a fall from a ladder or a height, through slips or trips, or when operating machinery. 

The key to making an eligible claim is being able to prove that your accident or injury was caused or exacerbated by failings on the part of your employer, or a colleague. These may include: 

• Dangerous, unsafe or poorly planned working practices, including a lack of proper risk assessment
• Lack of suitable personal protective equipment (PPE)
• Unsuitable, badly enforced or unexplained safety processes
• Badly maintained or faulty equipment
• Personal negligence on the part of a manager or colleague 

UK health and safety regulations are in place to set a minimum legal standard for the state of your working environment, including controlling access to hazardous substances, providing safeguards for manual handling, managing noise levels in the workplace, and regulating the amount of training to be given to employees. 

If any of these regulations are breached and this results in an accident or personal injury to an employee, then the employer will be liable. 

How long do I have to make an accident at work claim?

As a rule, you have three years from the date of your accident, or since you received a diagnosis of your work-related medical issue, to lodge your claim at court. There are a handful of exceptions to this: 

• If someone has suffered a brain injury or mental trauma that means they now lack mental capacity to make a claim themselves, there is no time limit for a loved one to make a claim on their behalf
• If your injury was caused by a defect or manufacturing fault with some equipment, the time limit may be different, and will need to be checked
• If the accident was suffered while working abroad, the time limit may vary according to overseas laws 

In all cases, it is best to seek professional legal advice as soon as possible to make sure you do not run out of time. 

Will my claim have a financial impact on my employer?

In the vast majority of cases, your employers will have insurance in place to cover claims made by their workers for accidents at work, so it is unlikely to cost them anything directly. 

The same will apply even if the accident was caused by a colleague, so you will not need to worry about the business being endangered if you make a claim, or any particular individual being penalised. 

How much compensation can I claim?

There is no fixed amount of compensation you can expect to receive for your accident at work claim, as each case depends upon the nature of the injury and how it affects you. 

You can receive compensation for the injury you sustain, as well as past and future loss of earnings, medical and care costs, rehabilitation costs, out-of-pocket expenses etc. If your ability to work is restricted as a result of your accident, you can also be compensated for this. 

By speaking to a legal professional, you will be able to get a clearer picture of how much compensation you might expect to receive, based on the details of your case. 

How long will my accident at work compensation claim take?

Because each case is different, there is no fixed timescale for the accidents at work claims process. Most cases take between nine months and two years to settle, but it is possible to receive some earlier payments throughout the lifecycle of the claim, if they are needed to cover expenses such as lost wages or medical treatment costs. 

How much of my compensation will I keep?

If your claim is being dealt with on a no win, no fee basis by Clough & Willis, you should be able to keep at least 75% of your eventual compensation payout. With this kind of arrangement, you will only need to pay if your claim is successful. 

Will I lose my job if I make a claim?

Bringing a claim against your employer should not make any difference to your job security. You are entitled by law to make a claim, and your employer would be expected to pass the claim over to its insurers to deal with, with no professional repercussions for you. 

In the unlikely event that your employer sacks or acts against you for bringing a claim, it will almost certainly be an unfair dismissal or an infringement of your employment rights, meaning you would be entitled to take your case to an Employment Tribunal. 

Will I have to go to court?

The vast majority of accidents at work claims are settled without the need to go to court. This means you are likely to be able to receive the compensation you deserve, without the stress of having to go through the entire court process.

What are the most common workplace accidents and injuries?

The workplace accidents and injuries you might experience vary depending on the nature of your job and the environment you work in. However, there are some types of incidents that are more common than others and that represent a risk across many of the UK's biggest industries. Here are some of the most frequently occurring workplace injuries and accidents for which we have helped clients to secure compensation:

• Slips, trips and falls: These can occur in almost any workplace, from those that are perceived to be safe (such as offices) to those with more apparent dangers, like construction sites. They can result from wet floors, cluttered workspaces, or uneven surfaces.
• Falls from height: Particularly common in industries like construction and warehousing, where work is often performed at elevated levels, falls from height can cause serious injuries if suitable health and safety measures are not implemented.
• Manual handling injuries: These include sprains, strains and injuries from lifting, carrying, pushing or pulling heavy objects. Employers must train staff on correct procedures for manual handling.
• Struck by object: Workers may be hit by objects falling from shelves or by machinery in operation. Injuries resulting from this kind of incident can range from minor to extremely severe, as this also includes vehicle accidents. These are common in sectors like transportation, agriculture and construction, where heavy vehicles are used, and where pedestrian traffic and vehicles occupy the same spaces.
• Machinery accidents: These happen most often in factories and construction sites where heavy machinery is used, but even smaller machines can cause serious injury if you are not trained to use them correctly.
• Electrical accidents: Including shocks and burns, these are common in professions that involve electrical work, but can also happen in general office environments due to faulty equipment or wiring.
• Cuts, abrasions and bruises: These are common and while they may seem minor, this type of injury can entitle you to make a workplace injury claim.
• Exposure to harmful substances: Injuries can result from handling chemicals, breathing in toxic fumes, or making skin contact with harmful materials, all of which are particular risk factors in some industries and must be addressed accordingly.
• Repetitive strain injury (RSI): This is especially common in office environments where repetitive tasks like typing or clicking a mouse are daily requirements. Employers must give workers regular breaks if they are expected to perform repetitive tasks, and a failure to do so can mean the employer is liable for any injuries that occur.
• Noise-induced hearing loss: This occurs in noisy work environments like factories, construction sites and entertainment venues. Employers in these industries must provide hearing protection where it is necessary to mitigate the risk of hearing loss.
• Burns and scalds: These can occur in kitchens, factories, or any environment where workers are exposed to hot surfaces or substances. Many workplaces have break rooms or kitchen facilities where this type of accident could occur.
• Workplace violence: Physical or verbal abuse from colleagues or clients can lead to both physical and psychological injuries.

Employers in the UK are required to follow Health and Safety Executive (HSE) guidelines to minimise the risk of workplace injuries. This often involves conducting risk assessments, providing safety training and equipment, and maintaining a safe work environment. If they fail to do so and you are injured as a result, this can enable you to make a claim for compensation.

What happens after a workplace accident?

If you are injured in a workplace accident, there are several steps you should take both to help with your healing and recovery, and to improve your chances of making a successful personal injury claim for compensation.

The first is to seek medical attention. Even if you feel fine after an accident, it is important to get checked over. Some injuries may not be apparent right away, and a condition like this can get worse over time if it is not detected and treated. A medical professional will be able to assess your condition and identify any underlying injuries. This will also provide medical evidence that you can later use to support your compensation claim.

From there, you should make sure to report the incident to your line manager or another relevant authority. They will record the accident in your workplace's accident book, creating a formal record that it took place. This can also help to prevent similar accidents from happening in the future, as it will highlight areas of particular risk that have not been accounted for by your employer.

If you are able to do so, you should take photographs of the area where the accident took place, and anything that might have been responsible for causing it. Collect the contact details of anyone who witnessed the accident, as we will later contact them to provide testimony in support of your claim.

Finally, speak to a personal injury solicitor at your earliest opportunity. They will be able to discuss your circumstances and guide you through the process of making a work accident compensation claim, including assessing your eligibility to claim, collecting any evidence you need, and estimating how much compensation you could expect to receive.

What happens during a workplace accident claim?

The first step in making a workplace accident claim is to speak to a solicitor. They will begin gathering evidence related to your workplace injury and start to build a case. They will also prepare a letter of claim and send this to the person they believe was responsible for your accident, or their insurance provider.

They will have the option to accept liability and begin negotiating your compensation, or to deny their responsibility. In these cases, the claim will proceed to court.

Most personal injury claims are settled out of court, with the other party accepting their liability. In these cases, your solicitor will negotiate over your compensation amount to ensure you receive the full amount to which you are entitled. If your case goes to trial, your solicitor will represent you throughout proceedings and make sure you receive a fair trial, to give you the best chance at securing the compensation you are owed.

What do I need to prove in an accident at work claim?

To claim compensation for an accident at work, you must prove two things:

1. That your employer was negligent in their duty to protect your health and safety; and
2. That this resulted in a physical or psychological injury or other harm to you.

To secure the maximum amount of compensation, you will also need to demonstrate the extent of your injuries and the impact they have had on your life. Your solicitor will help you with this and support you throughout the process to make sure you have the strongest possible claim.

How do I pay for a work accident or illness claim?

At Clough & Willis, we offer our services on a no-win, no-fee basis. This means that you will not have any legal fees to pay if your claim is unsuccessful. If you win, we take our fees as a percentage of your final compensation settlement, meaning that there is no financial risk to you as a result of making a claim. This is the most common way to fund an accident at work claim.

Can I claim for an accident at work if working on a zero-hour contract?

If you were injured in an accident that occurred due to the negligence of your employer, you can usually make a compensation claim, even if you are on a zero-hour contract. In fact, you do not need to be employed at all - workplaces have a duty of care not only to staff, but to visitors and members of the public. If you are injured in a public place due to another party’s failure in this duty of care, you will usually be entitled to claim.