Accident at Work Claims

If you or a member of your family is suffering from a personal injury caused by an accident at work, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for accident at work claim advice, or complete a claim enquiry form.

Accidents in the Workplace
Accident at Work Information
Recording a Workplace Accident
Reporting a Workplace Accident
Employers' Health and Safety Responsibilities
Making a Claim for an Accident at Work
Compensation for Accidents at Work
How Much Compensation am I Likely to Receive?
Our Personal Injury Lawyers
News Articles About Workplace Accident Claims
Successful Accident at Work Claims
Work at Height Regulations 2005

Accidents in the Workplace

All employers owe a duty of care to their workforce to protect them from reasonably forseeable injuries, under the law of negligence. Unfortunately however accidents at work can, and do, occur in a range of different circumstances.

This includes workplace accidents occurring through unsuitable or defective equipment, lack of training or protective clothing, hazards in the workplace, assaults at work and even mistakes made by other employees.

There are many regulations that any employer has to adhere to, in order to minimise the risk of injury to their staff. These cover all of the key areas of general health and safety and working practice, such as the working environment, risk assessment, manual handling, equipment, training and procedures. There are also regulations specific to various industries, to cover their unique areas of risk.

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Accident at Work Information

If you have suffered an injury at work and are considering making an accident at work claim, we may be able to help.  The following pages, on some of the areas our lawyers specialise in, can provide you with some useful information:

Assaults in the Workplace
Building Site Accidents
Factory Accident Compensation
Faulty Work Equipment
Health and Safety at Work
Industrial Injury and Industrial Accident Compensation
Manual Handling at Work
Needlestick Injury Compensation Claims
Office Accident Claims
Personal Protective Equipment (PPE) - Safety at Work
Warehouse Accident Compensation Claims
Workplace Health and Safety for Pregnant Employees
Work at Height Regulations

You should always seek advice from an experienced lawyer at the earliest opportunity if you are considering an accident at work claim, as there are time limits involved in bringing your case.

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Recording a Workplace Accident

Apart from very small companies, employers must ensure that they have an 'accident book' where details of any workplace accidents and injuries can be recorded.

One of the benefits of an accident book is that it provides a record of what has happened, in case an employee needs to make an accident at work claim for compensation at a later point.  It is also useful for an employer to see details of what has happened so that they may try to prevent future accidents.

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Reporting a Workplace Accident

Any serious accidents at work, dangerous incidents or diseases must be reported to the Health and Safety Executive by your employer.  It is their responsibility to report the matter, but it is sensible to check that this has been done.   Types of incident that would be included are:

  • Serious injuries, such as broken bones
  • Injuries that require an employee to cease their normal duties for more than three days
  • Deaths
  • Disease
  • Dangerous Accidents, for example gas leaks

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Employers' Health and Safety Responsibilities

In order to provide a safe workplace for employees and visitors and reduce the risk of accidents 'as far as is reasonably practicable', an employer has to carry out risk assessments.  They should assess the safety of individual tasks, equipment and areas of the workplace and take into account any particular risks that relate to individual employees (for example workers with disabilities or expectant mothers).

The purpose of a risk assessment is to identify potential hazards in the workplace and allow the employer to decide upon, and put into practice, reasonable safety precautions.  This might include the use of personal protective equipment, for example.   The findings of a risk assessment should always be recorded and employees kept informed of any health and safety procedures. 

Employees also have a duty to take reasonable care of their own safety, so it is important to be aware of potential hazards at your place of work and stay up to date on safe working practices.

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Making a Claim for an Accident at Work

It is always a good idea to obtain prompt legal advice if you have suffered an accident at work and believe that you may be entitled to make a compensation claim. In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. Your lawyer will be able to collate all of the information about your case and advise you on the best way in which to proceed.

If an accident at work does occur, you should try to record as much information as you can, taking photographs where possible. If applicable, try to ensure that your accident is also recorded in any accident book. Remember to keep details of any medical treatment and receipts for any injury related expenses, as these may be useful in your accident at work claim.

For more information on the personal injury claims process, visit our questions answered section.

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Compensation for Accidents at Work

There are two elements to a compensation award.

The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to wash your car, look after your garden, walk the dog). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.

The second element of a compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.

In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

If a person is fatally injured, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.

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How Much Compensation am I Likely to Receive?

The details of each case are assessed individually, as a number of factors affect the amount of compensation awarded in a personal injury claim. These include the extent of the injury, recovery period, any loss of earnings, other losses related to the injury (for example medical expenses and care costs) and whether or not the victim was partially to blame.

Awards made in previous claims of a similar nature are used as a guideline however, together with general guidelines from the Judicial Studies Board. Our ‘How Much’ section provides further information and you can find details of previous settled cases in our news and success stories sections.

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Our Personal Injury Lawyers

The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of accidents at work. They can provide specialist claim advice, assistance and guidance in helping you to pursue your accident at work claim to the best possible outcome.

The dedicated team of specialist lawyers at the Thompsons offices are described by Chambers UK 2006 as "personable and co-operative" and "putting the claimant at the centre of the issue". The team excels at claims arising from industrial disease and employers liability, with "a strong human angle" and "experience and a vast degree of knowledge" in the field.

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News Articles About Workplace Accident Claims

For details of important issues relating to accidents at work, and some more of the cases successfully fought by our lawyers on behalf of victims of workplace accidents, see the following articles in our success stories and news sections:

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Successful Accident at Work Claims

Below are brief accounts of some workplace injury cases dealt with by our solicitors:

  1. Accident at work caused by a faulty on / off switch on machinery.
  2. Compensation claim for building worker injured at work when he fell through a skylight.
  3. £32,000 damages for disc injury at work caused by a defective shutter.
  4. Insufficient safety measures resulted in a gangerman being hit by a car whilst working. 
  5. Employer's failure to adequately train staff member caused accident at work with a trimming knife, resulting in personal injury.
  6. £70,000 compensation for nurse's back injury caused by insufficient manual handling training and procedures.
  7. A man whose head was pulled into machinery due to a faulty guard recovered compensation for injuries to his face and head.
  8. Claim for employee injured at work by slip on unsuitable surface.  Our solicitors recovered £80,000 on his behalf.
  9. Compensation awarded for back injury caused by lifting a box heavier than the allowed weight.
  10. Defective company vehicle caused an employee to suffer a workplace injury.
  11. Six figure sum of compensation recovered for man left with permanent disabilty from an explosion at work.
  • Accident at work despite following procedures: When our client switched off a machine in order to make some adjustments, he did not realise that the off switch was faulty and that the machine was still in operation. The head of the machine dropped, trapping and fracturing his finger.

    Although his finger was saved following this accident at work, it has been left permanently deformed, both in appearance and flexibility. He is able to make a fist but is unable to pick small items up easily or operate small pieces of equipment such as the mouse of his computer.

    He went on to develop carpal tunnel syndrome in both hands, though this disappeared after several months. For many weeks following the workplace accident he was unable to use his hand at all, becoming completely dependant upon his wife. He had to rely on his wife to drive him to hospital appointments for the treatment he needed. He still suffers pain at times, which is worse during cold weather, but is no longer dependant on painkillers.

    Although it was anticipated that he would be disadvantaged in the market place as a result of the injury at work, our client was determined to return to work in his chosen profession and was eventually able to secure similar employment.

    Liability in this workplace injury claim was admitted early on by the defendant. Our solicitors, who specialise in fighting hard for workplace accident compensation, were able to negotiate an acceptable settlement of over £15,000 for our client, which avoided the need to issue court proceedings.

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  • Building Worker Injured in Workplace Accident: In 2003, our client (a building worker employed in public service) was asked to try to repair a leaking roof. Although not qualified for this type of work, he was asked to go onto the roof to see what was required. The roof was wet and slippery, though this was not due to rain, and his employers failed to provide him with a safe system of work. As he tried to see the problem, he slipped on water and fell through a skylight into the room below.

    His injuries were extensive, affecting most of his upper body and particularly his back. Although no bones were broken there was damage to soft tissues and ongoing problems which meant he was unable to return to work. Our client was unable to sit or stand for long periods and, despite physiotherapy and pain relief, was in considerable discomfort for some time. Psychologically he suffered depression and required time off work. Although he eventually returned to work for his employers, it was in a different job, which affected his earnings.

    The problems with the roof had been well known for some time before he was asked to attend. His employers had repeatedly failed to use appropriately qualified workmen to identify and correct the long-term problem with the roof.

    Liability was admitted by his employers and we were able to obtain £65,000 in damages for our client, as compensation for his injuries and loss of earnings.

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  • Faulty Shutter Causes Personal Injury: Our client was required to open up a public building in 2002 by pulling up a shutter. Because this was stiff and difficult to open, she received a strain injury to her lower back. Despite complaints to the site manager several days before the incident, the problems had not been corrected, no suitable risk assessment was carried out and no care was taken to reduce the risk of injury.

    Since the incident, our client has been unable to work and x-rays and an MRI scan were required to identify the injury. She was subsequently diagnosed with the strain injury and a suspected prolapsed disc to the thoracic spine. Our client has undergone osteopathic treatment, was referred to the rheumatology department, and continues to experience restricted movement.  She was awarded compensation of £32,000.

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  • Road Accident Caused by Employer Negligence: During the performance of his routine work as a gangerman, our client was directing the digging of a trench along a roadside. He was struck, without warning, by a speeding car which failed to stop. The police were unable to trace the driver of the car, however following the accident the circumstances of the work site were examined by an internal safety investigation and it was found that the works were unsatisfactory. Steps could have been taken to provide traffic management measures and impose speed restrictions, which might have prevented the road traffic accident.

    The main injury was to our client’s ankle, which was fractured. This required pinning and extensive surgery, though sadly the treatment failed to improve his mobility. He has been unable to return to his previous occupation, and has been unable to work since the accident in 2001. He has been advised that it is likely that his future employment will be limited to a supervisory role or light work.

    The injury resulting from this accident at work has affected not only our client but his immediate family who have had to change their lifestyle to support him and to assist in tasks around the house and garden. He has also suffered severe depression as a result of the pain, curtailed social activities and financial hardship.

    Although liability was initially denied, following the commencement of court proceedings our solicitors who specialise in road traffic accidents and workplace accidents were able to obtain £160,000 in compensation for his pain and losses.

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  • Machine Operator Injured due to Lack of Training: After several years as a machine operator, our client was injured in an accident at work. She was operating a sewing machine in the normally accepted manner, when her dominant hand was badly cut by a constantly moving trimming knife. The knife is part of the process which trims excess material and stitches the item in one movement. Although some initial training had been provided when our client had started some years before, there was no formal sign-off at the end of the training to confirm that the operator was qualified. No supervision had subsequently been provided to monitor that the machine was being operated correctly.

    The accident happened immediately before a planned family holiday and this was completely spoilt as she was in pain and unable to enjoy usual holiday activities . Two years after the accident she was still unable to use the finger normally and was unable to perform her previous job. She has since found employment elsewhere, but suffered considerable discomfort and loss of earnings whilst receiving treatment for this injury at work.

    Always under pressure to meet quantity targets, our client was working as quickly as possible and was injured by the knife which had no guard to protect the operator. She felt that production targets were always more important than the health and safety of employees, but the company has since introduced a safety guard to prevent further accidents. This was too late for our client but our solicitors, who specialise in workplace accidents, secured £22,000 compensation on her behalf.

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  • Nurse Injured at Work Through Poor Manual Handling: Our client was a Nurse in a general hospital.  She suffered a back injury and internal damage whilst assisting other staff to lift and manoeuvre a patient with partial immobility, due to a lack of manual handling training and procedures.

    Despite prior concerns regarding the availability of manual handling aids on the ward, suitable tools such as a slide sheet to assist staff when manoeuvring a patient had not been provided. The reason given was that the ward was not designated as one which would receive patients requiring assistance in moving. The patient was not properly assessed on admission and should not have been placed in the care of this ward, although concerns regarding his mobility were raised and ignored. The staff were asked to help lift and manoeuvre him during the night without correct equipment, resulting in our client's injuries at work.

    In addition, our client was never provided with manual handling training, although it has since been confirmed that courses were readily available for management to send staff who required them. Our client was not therefore trained to carry out the type of lifting and manoeuvring required by this patient.

    Still unable to return to work some 3 years later, she suffers ongoing pain and discomfort from her injuries. Although her employers denied liability, the case went to court and our client was awarded more than £70,000 in compensation for her injuries and loss of earnings.

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  • Serious Personal Injury Caused by Missing Machine Guard: Despite recent health and safety legislation resulting in improvements to machinery in the workplace, including the addition of safety guards in some cases to help keep operators as safe as possible, there are still workplace accidents occurring because these guards are not correctly maintained.

    One such incident resulted in our client being injured at work. He was struck on the back of his head when gas struts holding up the safety guard of a folding machine failed as he was working underneath it.  Frighteningly, his head was forced into the machine by the heavy guard, which was also a noise hood. As a result of this accident at work, he received lacerations to the back of his head and face.  Two reports of this fault had already been made to the defendant prior to the accident, but no action had been taken.

    The defective equipment was replaced after this workplace accident, as a result of which our client was unable to work for several months and was left with severe scarring on his face. He also experienced numbness of the affected area for some considerable time. Following an initial operation, he had to undergo further treatment and scar revision surgery, to try to improve the appearance of the scarring.

    For some time, he suffered from flashbacks and nightmares and has been left wary of working with machinery. Although the defendant admitted liability, due to the nature of the injury it was necessary to await the outcome of various operations and procedures before detailed compensation negotiations could be completed. An initial offer made by the defendant was rejected but our personal injury lawyers who specialise in workplace accident compensation claims were able to secure £12,000 in compensation.

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  • Employee in Workplace Accident on Slippery Stairs: Despite several complaints and warnings to management that the stairs and entrance foyer were slippery even when dry, and extremely so when wet, no action was taken until after our client suffered an accident at work. Repeated requests for non-slip mats had gone unheeded, and several previous near-accidents had no affect in rectifying this obvious health and safety risk.

    On the day our client was injured at work it had been raining, rendering the stairs and floor of the foyer (which were a marble finish) extremely slippery. Walking down the last few steps, our client's foot slipped from under him and he fell heavily onto his knee. He was immediately aware of severe pain and, although colleagues tried to assist him to his feet twice, he was unable to stand unaided.

    An ambulance was called and he underwent a lengthy operation at hospital to repair the damage. He remained there for a number of days then required first a full leg plaster and then a lighter cast, which prevented him from bending his knee.

    Previously a fit and active man, his work required him to move around various areas of the building and drive around the area to meet clients. He is now unable to walk more than a few hundred yards or drive for long periods and has difficulty negotiating stairs or inclines. He was medically retired from a post which he enjoyed a year or so after the accident.

    Since the accident at work, he has been unable to carry out regular tasks at home and had to give up his favourite hobbies of golf and river fishing. He misses the company of both these hobbies, as well as the contact from his job. He socialises less than he used to, primarily due to concerns about falling or knocking his leg, and has become moody and depressed, with difficulty sleeping.

    Initially the defendants took the view that our client might have been distracted by reading whilst walking, but the volume of evidence regarding previous concerns outweighed this argument. They refused to negotiate a settlement in this workplace injury claim, so our lawyers commenced court proceedings. A settlement was agreed and we were able to secure over £80,000 for our client.

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  • Poor Manual Handling Safety Causes Back Injury: Having worked for the defendant for a number of years, and receiving limited manual handling training some years before, our client suffered injury as a result of an accident at work. He was required to unload boxes from a pallet which was regularly delivered from another part of the organisation. Normally the boxes would be labelled with their weight to ensure safe manual handling procedures, including the use of special equipment should it be required.

    On this occasion, almost half the number on the pallet had been lifted. One of the boxes was not marked and as our client lifted it, he sustained an injury to his back. Subsequent investigations revealed that the box was almost double the weight limit set by manual handling guidelines. To our client’s knowledge, the boxes have never weighed in excess of the standard set and he had no reason to expect the excessive weight, even though the box was unmarked.

    At the time he began to pursue a workplace injury claim, our client had been unable to work for several months, though he later returned on light duties. This involved a change in employment conditions however, which meant a significant reduction to his income.

    The injuries were confirmed as ligament damage and a muscle tear. A year after the accident at work, he was still suffering pain from and was referred for an MRI scan. This diagnosed a problem with a disc in his back which required further treatment. Several months on, he remains on light duties, has been prescribed anti-depressants and is still in considerable pain. He has seen additional consultants and is awaiting a further MRI scan.

    Although employers liability was admitted by the defendant, they were reluctant to provide personnel records. However, our solicitors, who specialise in workplace accidents, were able to negotiate a settlement of almost £20,000 in workplace accident compensation.

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  • Injury at Work due to Faulty Equipment Our client was injured at work because a vehicle he used was not correctly maintained. As he was operating the side door of the vehicle, it became detached from its mountings and fell on him. It knocked him backwards, at the same time striking him on his head, chest, and shoulder areas.

    He was unable to continue working and was taken to hospital for treatment. He was not given an x-ray at that point, but was advised to rest and take pain killing tablets. When he attended a follow-up appointment a few days later, he was sent for an x-ray which showed an abnormality. He was also advised that he had suffered a whiplash injury to his neck as a result of this accident at work.

    He was signed unfit for work by his GP and underwent a course of physiotherapy. Our client was then referred for various treatments, including seeing an orthopaedic surgeon, use of a TENS machine, injections to neck and shoulder and a course of acupuncture. None of these helped and an MRI scan later showed a continued abnormality.

    His symptoms continued and he suffered frequent headaches, which also affected his sleep. Finding it difficult to sit for long periods, particularly driving, he was unable to return to his normal duties. He was also unable to lift anything heavy and, as his previous duties had involved a lot of manual handling, he was retired on grounds of ill-health.

    Our client sought alternative work but it proved difficult to find work of light duties which his disabilities would allow. He lost confidence in his abilities and became depressed by the thought of not returning to work. Growing financial difficulties forced him to sell the family home, which required too much maintenance and gardening. Previously he would have carried out these tasks himself but was forced to contemplate paying others to do the work.

    Although the defendant admitted liability quite early on, it proved difficult to reach an agreed settlement. It was necessary to issue court proceedings for this workplace injury claim. Before the final hearing however, an agreement was reached and our lawyers secured over £150,000 in compensation for our client.

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  • Serious Injury in Workplace Accident: Our specialist personal injury lawyers represented a client who was severely injured in an explosion at work, being hurled several feet across a blasthouse floor and hitting the opposite wall. His injuries as a result of this accident at work were so serious that there was real concern that he may not survive, not just immediately following the accident, but several times during his recovery.

    His injuries included burns to face and body and fractures of the shoulder and ribs. He underwent several painful operations to treat his burns with skin grafts and temporary synthetic dressings and, as he began to heal, he suffered nerve damage that required further surgery. He is left with severe scarring to his trunk and limbs, both from the burns themselves and from the surgery to obtain skin grafts. He is extremely embarrassed by his scars and keeps his body covered, although in any event he is unable to expose his skin to the sun due to its sensitivity.

    During his recovery, he also suffered renal failure and liver problems, brought on by the extent of the burns. Several times he was re-admitted to hospital in critical condition.  Some of his injuries are now considered permanent, both physical and psychological. Although his ongoing physical injuries would not in themselves prevent him from returning to some form of employment, his overall condition makes it unlikely that he will ever return to gainful employment.

    Diagnosed with post traumatic stress disorder, his behaviour and personality have seen a marked change. He suffers mood swings and depression, has difficulty with his concentration and is extremely forgetful. It is anticipated that he will suffer permanent mental scars, which have left him a much more vulnerable person. A previously fit man with 2 grown up children, he has been unable to return to any of his previous hobbies, which included golf, rugby, cycling and walking. Moreover, he is now unable to help his wife with work in and around the house, having previously been a skilled DIY enthusiast.

    Liability was admitted in full by the defendant’s insurer, and our solicitors who specialise in accidents at work, fought hard to obtain a substantial six-figure sum in workplace accident compensation. Whilst this will provide our client with some financial security for the future, it will never make up for the suffering and trauma that he and his family had to endure as a result of this avoidable accident.

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Work at Height Regulations 2005

On 6th April 2005 the Work at Height regulations 2005 came into effect, with the aim of reducing the number of accidents and injuries in the workplace that occur whilst employees are working at height.  For more information see our work at height information page.

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