Accident at Work Claims

Our expertise in workplace accident compensation claims

Our personal injury lawyers work with employees and the self-employed on claims related to all types of workplace accidents and injuries.

We are able to secure substantial compensation for our clients in relation to issues such as:

• Falls from height at work[EP1]  – e.g. falls from cranes and scaffolding on construction sites
• Industrial diseases – including mesothelioma and asbestosis
• Industrial injury claims – such as loss of a finger or other extremity due to poorly guarded industrial machinery
• Industrial accident claims – e.g. loss of a limb or paralysis due to being crushed by the collapse or overturning of industrial machinery
• Work-related back injury claims – e.g. due to lack of proper training for lifting heavy objects, failure to provide appropriate lifting equipment etc.
• Defective work equipment claims – including injuries caused by poorly maintained construction tools or work vehicles
• Compensation for employer’s failure to provide appropriate Personal Protective Equipment (PPE) – e.g. inhalation of toxic or carcinogenic substances due to lack of appropriate face protection

To find out more about our specific expertise relevant to your situation, please get in touch.

How we handle accident at work compensation claims

Most accident at work compensation claims can be resolved out of court using negotiation and alternative dispute resolution. This means there is rarely ever any need for you to attend a court hearing to claim compensation, something that experience tells us most clients appreciate.

As well as allowing you to avoid court proceedings, taking a non-confrontational approach is usually faster, because you do not have to wait for a hearing date.  You may also be able to keep more control over the process, as the final decision over whether you will get compensation and how much is not left in the hands of a judge.

However, our workplace accidents lawyers are very experienced with pursuing claims through the courts, so if this approach is required to secure a fair outcome, we are fully prepared to support you all the way.

We also have strong relationships with specialist barristers and other professionals, meaning that we can always provide the appropriate knowledge and skills to give you the best possible representation, no matter how your claim progresses.

Our no win no fee workplace accident claims service

Many people who suffer an accident at work are not in the position to pay for the legal costs involved in making a compensation claim out of their own pocket. We understand this, so offer our clients the option of no win, no fee workplace accident claims, allowing anyone to start a claim without paying anything upfront.

More formally known as a ‘conditional fee agreement’, this type of funding arrangement means you only pay some legal fees if your claim results in compensation. The final fees you pay will be based on a percentage of some of the compensation won, meaning you will always keep the majority of your compensation.

A common alternative for workplace injuries is to use trade union funding for your claim, where available. This can be a preferable option depending on the circumstances and we will be happy to discuss this with you. You may also have the option of using legal expenses insurance, that you may have under a household insurance policy, to cover any legal costs.

Our personal injury lawyers can provide a clear breakdown of the likely costs and expenses involved in pursuing a claim at the outset, giving you complete transparency over the cost of making an accident at work claim.

To find out more about starting a no win, no fee accident at work claim, please speak to a member of our team now.

How much is a workplace accident claim worth?

The value of an accident at work claim will depend on various factors, including:

• How seriously you have been injured
• What impact your injuries are having on your life
• Any specific financial costs you have incurred due to your injuries
• What level of responsibility your employer admits or is found to have in court

You can typically claim two types of compensation for a workplace accident:

Financial Losses and Expenses – For specific financial losses.  This includes things such as paying for private treatment and care, as well as lost income due to having to take time off work and not able to return to work, or not able to command the same level of income enjoyed before the accident.

General Compensation – For non-financial losses, such as pain, suffering and lifestyle changes.  

Our accidents at work lawyers will provide an estimate of your claim’s value as soon as possible, so you can see how much compensation you may be able to claim. That way you can make an informed decision about how to move forward and avoid the risk of settling your claim for less than it may truly be worth.

How long do you have to claim compensation for an accident at work?

You will generally need to bring a compensation claim for a workplace accident within 3 years of the accident occurring.

For industrial diseases, such as mesothelioma, where you may not be aware of the issue until years later, the 3-year time limit will normally be counted from when you found out employer negligence was likely responsible.

If the person injured at work is under 18, their parents or guardians will usually need to make a claim on their behalf. They will have until the injured party turns 18 to do so, after which the claimant can bring their own claim up until their 21st birthday.

If a loved one has died as a result of a fatal workplace accident, the representative of their estate will normally have 3 years from the date of death to bring a claim.

If you need to make a workplace accident claim on behalf of someone without the capacity to bring a claim of their own, e.g. due to a severe brain injury, there is normally no time limit for doing so.

Can you claim compensation for a workplace accident if you are self-employed?

If you are self-employed, your ability to claim compensation for a workplace injury will depend on your circumstances.

For example, if you are a freelance delivery driver, driving your own vehicle, and you crash due to your breaks being faulty, you would be unlikely to be able to make a claim as it was not your employer’s responsibility to maintain your vehicle.

However, a self-employed bricklayer working as a sub-contractor on a property development, who falls from improperly erected scaffolding, might be able to make a claim. This is because their employer is likely to have had a responsibility to provide a safe working environment which they breached by failing to ensure the scaffolding was safe to work on.

Ultimately, the ability of the self-employed to claim compensation for an accident at work will usually come down to showing that your employer had a legal duty of care toward you and that they failed in that duty of care. Each case depends on its own facts.

Get in touch with our expert workplace accident claims solicitors today

To arrange your free consultation on starting an accident at work claim, please call us on 0333 323 1640, email us at enquiries@ibbclaims.co.uk or use the contact form on the right to request a call back.