In 2019 there was almost 700,000 recorded accidents at work in the U.K. This figure does not include ill-health or stress related cases, which would see the total rise to over 2.5 million.
Having an accident at work can cause huge adverse effects on people’s lives. From losing out on wages whilst recovering to being unable to walk again. The consequences of having an accident at work can be a very personal matter and that is why Thompsons Solicitors ensure that you have a specialist team dealing with your case.
What is an accident at work?
We often hear our clients questioning whether they had an accident at work because it is not one that was mentioned on the television or the injuries were not as severe as some that are portrayed.
No two cases are the same and therefore it is always worth asking the question. Our legal advisors at Thompsons Solicitors are trained to assess the facts of your case and advise whether it is one we can take on for further investigations.
Some of the accidents at work we come across include, but are not limited to:
- Slip, trip or fall
- Dangerous practices and procedures in the workplace which result in injury
- Poorly maintained or defective equipment
- Dangerous machinery at work or machinery being operated dangerously by someone else
- Coming into contact with dangerous substances
- Falling objects resulting in injury
- Employers non-adherence to Health & Safety regulations
- Negligence of colleagues or co-workers
- Insufficient or improper training which results in injury
- Assault during the course of employment
- Accident while operating a forklift or crane
- Poor lifting and manual handling practices brought on by lack of training
Every work place is different and therefore the categories are broad. Whether you’ve been injured in an office, construction site or in a car, if you have been injured during the course of your employment get in touch with our team.
Will I get compensation for every accident at work?
Following legislation which came into force in 2014, it is not enough for the person making the claim (the “pursuer”) to have had an accident at work. There is now the need to prove that the accident was as a result of employers being negligent.
The pursuer must be able to prove that employers or the “defenders” breached their duty of care towards the pursuer and are therefore liable for the injury sustained. For instance, if the injury was caused by a hazard the pursuer must be able to prove that the defender knew or ought to have known that the hazard posed a risk to injury.
The ‘knew or ought to have known’ definition affords solid, yet fair protection to pursuers. After all, simple ignorance of an issue should not be a legal defence, especially if someone has been hurt. On the other hand, if there was no way for the employers to know about the condition of an area, they cannot reasonably be held liable. This is why it is phrased as “known or should have known.”
How much compensation will I get?
This is an understandable question that we get asked by the majority of our clients. First and foremost, it is important to understand that we must first get over the hurdle of establishing liability.
Thereafter, compensation is calculated on a variety of different things depending on how the injury affected your life. It is difficult for any solicitor to advise you prior to obtaining medical evidence and potentially other reports what you are likely to get as an overall settlement. However, Thompsons Solicitors have put together a compensation calculator which deals generally with the injury part of your claim which can be found on our website. Please be aware that depending on your circumstances the value of your claim will vary.
How long do I have to make a claim?
In the UK there is a standard 3 year time limit within which you can bring about an accident at work claim. If you have not raised the case in court within 3 years of the date of your accident at work, your case may be considered to be time-barred and you may not be entitled to any compensation.
Thompsons Solicitors are happy to review any case that comes our way within that 3 year time frame, but we would recommend starting a claim as early as you can following an accident.
A common misconception is the time it will actually take to obtain compensation in a claim following an accident at work. Sometimes it can take months, but the vast majority take at least a year to settle. This is due to the number of documents that both sides need to review and the often complex injuries people have sustained as a result.
A claim for compensation can be daunting to a lot of people. If you have had an accident at work and want to know whether you have a right to compensation, please call our offices on 0800 0891 331. Our expert team will be there to help you through the process and explain the procedure to you from start to finish.