Accidents at Work Claims Manchester

What should I do after an accident at work?

If you have been involved in a workplace accident, you should report it at the earliest possible opportunity.

This usually involves writing an account of what happened in the company's accident book or reporting the incident to your line manager or a safety representative.

Should the accident be deemed serious, your employer has a legal responsibility to report the incident to the Health and Safety Executive. However, in the case of minor injuries, they should confirm that the incident has been formally noted and that any remedial action has been taken to prevent it from happening again.

If your accident was serious enough to require medical attention, you must be provided with sufficient time off work to ensure the injury is properly treated and you have time to recuperate.

Speak to a solicitor, who can advise you on whether you are eligible to make a workplace injury claim, and discuss your legal rights following a workplace accident.

How do I make a work claim?

Speak to a solicitor if you have been injured at work due to the negligence of your employer or another party.

We can help you build a strong case that significantly improves your chances of making a successful claim.

To make a workplace injury claim, having a detailed record of your accident will put you in good stead.

You can also ensure that your injuries have been recorded by reporting them at work and seeing a doctor, who will be able to add them to your medical records.

In order to strengthen your case, you should also:

• Take photographs of your workplace injuries where possible, as well as the scene where you were injured
• Retain the contact details for anyone who witnessed the accident

How long after an accident at work can I claim?

If you have sustained an injury at work, you have three years after the incident to claim compensation.

Alternatively, if you only discovered later on that an injury was caused by your accident at work, you have three years from the date of discovery to make a claim.

How long do accidents at work claims take?

It is straightforward to determine if you have a viable claim. In most cases, our personal injury solicitors can tell you whether or not you have a claim after only one phone contact. The length of time it takes to process your claim is determined by the kind and severity of your injuries.

A straightforward dispute in which your injuries are small and your employer concedes fault can be resolved in six to nine months.

Complex instances involving significant harm and a Health and Safety Executive investigation inevitably take longer. One to two years - or maybe more - is the norm. However, no two situations are the same. After reviewing all of the data, the solicitor we choose for you will be able to provide you with a more exact estimate.

How much compensation can I get from a workplace accident claim?

The amount of compensation you receive will depend on the severity of your injuries and the nature of your case.

Usually, the more severe your injury is, the more compensation you will be able to claim, as this will have the largest impact on your ability to work. If you must make adjustments to your daily life, such as transport changes and home modifications, these will be factored into your claim. In the case of severe injuries, any medical fees and the cost of care are also considered.

Who pays the compensation for an accident at work?

If you make a successful claim for an accident at work compensation, the employer's liability insurance covers the costs.

The solicitor you employ negotiates on your behalf with your employer's insurance company, rather than directly with the employer.

This could lead to you receiving a compensation offer from the insurance company, which you should review with the help of a solicitor before making a decision - as you may be able to claim for more than the initial offer.

How do I claim for an accident at work compensation if working on a zero-hour contract?

If you are working on a zero-hour contract, but have sustained an injury due to an accident at work that was your employer's fault, you can make a compensation claim, whether they are partially or completely at fault.

The only instance where you will not be able to make a claim is if the accident was exclusively your fault.

Can a self-employed contractor make an accident at work claim?

The health and safety laws protect self-employed contractors just as much as employees, meaning that those hired by a third-party company are still eligible to claim if an accident should occur.

What are the reasons for my claim being denied?

In some cases, a compensation claim for an accident at work is denied. Most commonly, the reasons for these are:

• Insufficient evidence: To prove that the accident you experienced happened, you need enough evidence. Likewise, you need enough to substantiate your statements.
• Missed the deadline: For most injuries from an accident at work, you have three years to make a compensation claim. Exceptions exist, but to give yourself the best chance of making a successful claim, bring your claim to a solicitor within the three-year period.
• Dismissed accountability: Following your claim, your employer has the opportunity to deny liability. They have the option to submit a ‘without prejudice offer', which means they do not accept fault but want to settle regardless. Rejecting this offer could lead to your claim losing, so speak to your solicitor before making a decision.

What types of accidents at work can we help with?

We can help with any of the following:

• Severe wrist injury
• Head injury
• Moderate shoulder injury
• Serious brain injury
• Soft tissue injuries
• Spinal injuries
• Multiple fractures
• Minor injury
• Significant disability

We have over decades of expertise assisting clients in making things right following a workplace injury. During that period, we discovered that there is no such thing as a typical workplace accident.

We have included links to some relevant information on several sorts of workplace accidents that may be of assistance to you:

• Building site accidents
• Care home accidents
• Crane accidents
• Machine injuries
• Forklift truck accidents
• Catering injuries
• Ladder falls
• Lifting accidents
• Factory accidents
• Office accidents
• Scaffolding accidents
• Warehouse accidents
• Faulty work equipment

All employers have a 'duty of care' towards their employees - they are bound by law to protect you.

Your company must take efforts to ensure that your working environment is safe for you and your coworkers.

If an employer does not follow the general health and safety regulations, such as The Health and Safety at Work Act 1974, then they have put you at risk and they can be held responsible for your accident.

Can I claim for occupational disease or illness?

Yes, you can. Every year, thousands of workers are impacted by job-related illnesses or catch diseases while at work. The working environment can sometimes increase the symptoms of a pre-existing ailment.

Employers are required by law to provide enough protection and safe working conditions for their employees. If this is not supplied, their employees may be eligible to work injury compensation. To reduce the risk of occupational sickness, good health and safety procedures must be implemented.

These are some of the most prevalent medical issues encountered in the workplace in the United Kingdom.

• Noise-induced hearing loss: Partial or total deafness caused by prolonged or repeated exposure to loud or penetrating noises
• Vibration injuries: Limbs and joints are harmed as a result of excessive usage of vibrating power tools or equipment
• Respiratory and lung issues: Exposure to toxic chemicals such as fumes, dust, silica, or asbestos
• Industrial dermatitis: Skin inflammation, irritation, and hypersensitivity caused by excessive exposure to dust, chemicals, adhesives, or even water.
• Occupational cancer: Mesothelioma, a kind of lung cancer induced by asbestos exposure.
• Musculoskeletal diseases: Problems with muscles, tendons, and nerves caused by factors such as repetitive activity, restricted body posture, or cumulative damage.

What do I need to prove in a personal injury claim?

To begin, you must demonstrate that the accident that resulted in your workplace injuries (or medical condition) was not your fault. Second, the proof must show that the accident was caused by your employer's negligent behaviour - or inaction.

Your solicitor will base your personal injury claim on the following evidence:

• The workplace accident was formally reported in the corporate accident book
• A record of subsequent medical care
• An unbiased medical examination of your injuries
• Photographs showing the site and the potential for harm
• Statements from witnesses
• A list of any and all financial losses

What is contributory negligence?

Even if you were partially to blame for your workplace injury, you can still file a claim under contributory negligence.

Contributory negligence, also known as split responsibility, is the point at which both parties in the claim agree on a share of the blame. This might be any ratio, such as 50:50, 40:60, or 25:75.

For example, in a £10,000 claim, if the claimant is held 25% accountable and the employer is held 75% responsible (25:75), the gross compensation payout for the claimant, before reduction of legal fees and expenses, would be £7,500.

Can I make a claim for an accident at work claim if it was my fault?

No. There must be another person or organisation at fault in order to file a no-win, no-fee accident at work claim. If the accident was entirely your fault, you will not be able to file a claim. If you were injured after losing control of a forklift truck because you disregarded the operating guidelines, you would have no legal recourse.

However, if fault for the accident is shared, you can still file a claim. If it is obvious that this is the situation and both parties can agree on it, liability is shared.

What are the time limits for an accident at work claim?

To file a compensation claim, you normally have three years from the date of the accident or diagnosis of a medical condition.

Certain steps must be taken by a solicitor in order to get a compensation claim forward.

The three-year restriction has a few exceptions:

Psychological trauma: If the claimant experienced a major brain injury and is unable to file the claim on their own. There is no time restriction for filing a compensation claim in these situations.

Manufacturing or design flaw: The time restriction may change if the equipment you were using has a fundamental flaw.