Workplace Injury Claims

FAQs

• What type of work injury claims can we help you with?

  • Construction: Without adequate training or PPE, construction accidents can be all too common. We see injuries at work due to falls from height, structural collapse, trench collapses and falling objects.
  • Trades: Subcontractors can be vulnerable to work injury on big or small projects. These can include falls from height, collapsing scaffolds or falling through weak roofs or ceilings.
  • Factory workers: Factory worker accidents will depend on the industry. Burns are prevalent in metalwork, for example. If machinery is involved, amputated limbs and digits are more common injuries at work.
  • HGV drivers: Road traffic accidents are the most common claim for HGV drivers. But there are other risks too. This includes injuries caused by hazardous cargo – such as chemical injuries.
  • Fire or police service: Service workers are often in harm’s way due to the nature of their job. This is why road traffic accidents, falls from height, or slips and trips can be the reason for an injury at work
  • Office workers: Office injuries can be just as serious as any other workplace. We have dealt with workplace injuries caused by unsafe wiring, slips on unsafe flooring and falls down stairs.

  On top of these, assault, issues at the scene of a fire, inadequate training, a lack of PPE and hazardous environments are all examples of some of the industry-specific dangers faced.

  There is also the question of inappropriate equipment. This could lead to repetitive strain injury, or it might mean that you can claim workplace injury compensation for a back injury at work. Stress at work can also give rise to a claim if it leads to debilitating physical and mental difficulties.

• How common are workplace accidents?

  In the UK, the Health and Safety Executive (HSE) publishes data each year which underlines how common workplace injuries are. There were 0.6 million working people who sustained a non-fatal injury at work in 2022-23, according to HSE statistics, so it is important to know that you are not alone if it happens to you. And our work accident solicitors can help if it does.

• How do I make a work-related accident claim?

  Each workplace injury claim is unique. But the actual process tends to be similar:

  1. Get in touch

  The first step is to get in touch with us on 020 3797 6920 or by filling in our online contact form. As part of a free initial consultation, you have the chance to tell us how your injury happened in your own words. We can then tell you if we think you have a claim.

  2. Funding options

  If we think you do have a claim and you would like to proceed, we can help you to find the best way to pay for it. It could be that we take your injury at work claim on a ‘no win no fee’ basis. But there are other options too, which are detailed in our legal fees guide.

  3. Rehabilitation

  At this point, your workplace injury lawyer will inform your employer or other party that a claim is underway. If you need immediate treatment or rehabilitation for your injury, we will also explore the options available to you.

  4. Obtaining records

  To understand how serious your injury is, we look at your medical records and accident reports. We also consider the impact of your injury and explore how the actions or inactions of another party may be responsible.

  5. Expert opinion

  To further build your case, we will ask for a report from medical and/or accident reconstruction specialists. This also gives us a chance to work out how much compensation you should receive.

  6. Letter of claim

  A formal letter of claim will be sent to the other party. Your accident-at-work solicitor will set out the allegations and the specific injuries/losses you sustained.

• What are the time limits for making a workplace injury claim?

  All work accident claims must be started within a ‘limitation period’. This is a strict and specific period set out in the Limitation Act 1980.

  In most cases, you must start a claim within three years from the date of the accident. But there can be situations where this time limit either varies or does not apply at all:

  • You can claim on behalf of your child at any point until their 18th birthday. The three-year limit will start at this point if a claim is yet to be made and they wish to make one.
  • It is not always known straight away that you suffered an injury (e.g. exposure to a chemical at work). If so, your time limit starts from the ‘date of knowledge’.
  • If an adult lacks the mental capacity to instruct a lawyer, there is no time limit. However, if they do regain capacity, the three-year limit will come into effect.
  • Time limits may be different if your accident occurred in another country, on a plane or a boat.

  If you do not start your workplace injury claim within the time limit, you will likely lose the chance to do so. So, it is important not to delay in talking to a   solicitor. If you are not sure, please contact us. We can help you decide if you have a claim – and if you are in time to do so.

   

• How much workplace injury compensation could I receive?

  The amount of work accident compensation you could receive in England and Wales is broadly split into two parts. The first is your ‘general damages’, which are designed to reflect your pain and suffering. This also considers any loss of amenity caused by the injury.

  General damages are based on the type and severity of your workplace injuries.

  In addition to this first part, you will also receive ‘special damages’. This part is more personal to you – reflecting the costs and losses that you’ve incurred because of the accident. As such, special damages can cover things such as treatment costs, loss of earnings and travel expenses.

• Who pays my legal costs when making a workplace injury claim?

  We can help you to find the most appropriate way to fund your claim. It could be that we take your case on a ‘no win no fee’ basis, which means that you will have nothing to pay if your claim is not successful.

  If you already have legal expenses insurance, this may be useful towards the cost of bringing an injury at work claim. It is also possible to privately fund a claim. No matter what option best suits you, we will work with you to identify it. Our legal fees guide may also prove helpful.

• Can I be dismissed for making an injury a work claim?

  Legally, an employer cannot dismiss you for raising a workplace injury claim.

  If, after your injury at work, you are struggling to do your job, your employer should look for ways to support you and give you a reasonable amount of time to recover from your illness.

  In some instances, long-term illness counts as a disability, in which case your employer has a legal duty to support disability in the workplace. If they were to dismiss you because of a disability, this may be considered unlawful discrimination.

  Be reassured that your workplace injury lawyer will put support in place to aid your return to work following an accident at work.

• My workplace injury compensation claim was successful – what happens next?

  Means-tested benefits

  If you receive means-tested benefits, work accident compensation could change whether you still qualify for them – but creating a personal injury trust can help to protect your entitlement. This is something that our workplace injury lawyers can discuss with you as part of the claims process.

  Investing your compensation

  You may decide to invest your work accident claim compensation once you receive it. This calls for careful thought and specialist advice. Bolt Burdon Kemp works with reputable and professional financial advisors who can help you with this. If you would like to benefit from their expertise, please let us know and we will make a personal recommendation.

  Rehabilitation and recovery

  The most important thing before, during and after your work accident claim is getting back on track. Even before your claim is settled, we can ensure you get the most appropriate care and treatment to enhance your recovery.

  We partner with many medical, rehabilitation and support providers to help you rebuild after a serious injury at work – and we are more than happy to make the necessary arrangements for you.

• I'm not happy with my current solicitor – what can I do?

  Starting a claim with one accident-at-work solicitor does not mean you have to stay with them until the process is complete. You must have trust and confidence in your solicitor so you’re free to change to a new firm that can best represent your needs.

  If you are in that position and feel that Bolt Burdon Kemp is a better fit for you, get in touch – call 020 3797 6920 or fill out our online contact form. We will contact your old workplace injury lawyer for the information and paperwork we need to transfer your case.

  You may still need to pay your old solicitor for the work already completed, but we can help guide you through the process.

  For more details about your options, please read our guide on changing your solicitor.