Frequently Asked Questions
An accident at work claim is a legal claim for compensation following an injury sustained in the workplace where another party may have been responsible for causing or contributing to the accident.
You may be able to claim if your injury was caused by your employer’s negligence, a breach of duty or another party’s actions or failure to act. The circumstances and evidence of each case need to be considered.
Workplace claims can arise from incidents such as slips and trips, falls from height, machinery accidents, lifting injuries, exposure to hazardous substances, inadequate training, defective equipment and other unsafe working conditions.
You may be able to claim if defective, poorly maintained or unsuitable equipment contributed to your injury, or if you were not provided with appropriate training or supervision. The specific circumstances will need to be investigated.
An employer’s position does not necessarily prevent you from making a claim. The evidence surrounding the accident will need to be considered, including whether responsibility was shared between you and another party.
You should report an accident to your employer as soon as reasonably possible and ensure that it is recorded appropriately. Keeping a record can provide useful evidence when investigating what happened.
Evidence may include accident reports, photographs, witness details, medical records, training records, workplace policies, equipment information and correspondence with your employer or insurer.
This will depend on the circumstances. The reasons why protective equipment was not being used, whether it was provided, whether appropriate training was given and the extent to which this contributed to the accident may all be relevant.
You may still be able to pursue a claim while remaining employed by the same employer. Making a compensation claim does not automatically mean that your employment must end.
Depending on the circumstances, temporary and agency workers may have rights in relation to workplace safety and injuries. It will be important to establish who was responsible for the relevant working arrangements and safety measures.
Possibly. If another company, contractor or third party contributed to the accident, a claim may potentially be brought against the responsible party depending on the circumstances.
Depending on the circumstances, you may be able to claim for loss of earnings and certain other financial losses resulting from your injury. Evidence supporting these losses may be required.
Some workplace injuries and illnesses develop over time rather than following a single incident. These cases can involve different evidence and legal considerations, so early legal advice can be important.
Personal injury claims are generally subject to a three-year limitation period, usually running from the date of the accident or, in some circumstances, the date of knowledge of the injury. Exceptions can apply, so it is important to obtain legal advice promptly.
Most employers are required to have employers’ liability insurance to cover their liability for employees’ injuries or work-related illness, subject to the applicable legal requirements and exceptions.
If responsibility is disputed, the available evidence will need to be considered carefully. This may include accident records, witness evidence, medical evidence, training records and information about workplace procedures and equipment.
Not necessarily. Many claims may be resolved through correspondence and negotiation. However, court proceedings may become necessary if an appropriate settlement cannot be reached or liability remains disputed.
The timeframe varies depending on the seriousness of the injury, the complexity of the accident, the evidence available, medical recovery and whether responsibility or the value of the claim is disputed.
Receiving sick pay does not automatically prevent you from pursuing a personal injury claim. The effect of any payments received will depend on the circumstances and the losses being claimed.
MYM Solicitors can assess your circumstances, advise on your potential claim, help gather evidence, consider your injuries and financial losses, deal with insurers and other parties, negotiate where appropriate and assist with further legal proceedings if required.