Can I claim compensation for an accident at work?
Quick answer – it depends how the accident happened. There are a number of factors at play which will determine whether you can seek compensation, and how much you may get. Tell your solicitor what happened and they will tell you if you are owed compensation. We can help – our freephone number is 0800 999 6661.
Contents of Can I claim compensation for an accident at work?
If suffered an injury at work that wasn’t your fault, seeking compensation can feel like the natural thing to do. But not all workplace accidents are the fault of a employer – the key is, was the accident ‘work related’? In order for a compensation to be paid, the accident must have been related to the work you were doing, simply being at work when it happened is no basis for a claim.
For a workplace accident to be open to a compensation claim, it has to have either been related to the way the work was carried out; involved materials, substances or equipment used in the carrying out of duties or occurred as a result of unsafe conditions of the site or premises.
The best way to find out if you can claim compensation is to speak to your solicitor and tell them what happened. They should ask you a variety of questions to get your side of events. At Aston Knight, we ask our clients to tell us the details of the incident, the condition of the working environment, how the accident was handled by the employer and what injuries were sustained.
To speak directly to a specialist solicitor, call us now on 0800 999 6661, for a free and confidential discussion. There is no obligation to start a claim, we’re happy to help and advise.
How much compensation will I receive?
Each personal injury case is dealt with individually, and while there are average compensation guidelines for various injuries (see further down the page) the amount of compensation you could receive will depend on the following factors:
- The injury type (face, arm, head, lungs etc)
- How severe the injury is
- The rehabilitation time and the cost of continued care
- The psychological impact
- Loss of income as a result of the injury
- Costs incurred due to the injury
- Any insurance excess
- Damage to your property
- Home adaptations required
- Future losses related to work progression.
Typical injury compensation payouts
The type of injury you sustain and its severity are two of the biggest determining factors when it comes to the amount of compensation you will receive. Below, we have listed some of the most common workplace injuries, along with their severity and the maximum amount of compensation in actual cases:*
| Injury type | Minor | Moderate | Moderately Severe | Severe |
|---|---|---|---|---|
| Neck injury | up to £6,920 | up to £33,750 | up to £114,810 | up to £130,060 |
| Back injury | up to £10,970 | up to £34,000 | up to £77,540 | up to £141,150 |
| Foot injury | up to £12,050 | up to £21,910 | up to £16,410 | up to £96,150 |
| Knee injury | up to £12,050 | up to £22,960 | up to £38,120 | up to £84,360 |
| Leg injury | up to £24,340 | up to £34,370 | up to £48,080 | up to £119,210 |
| Wrist injury | up to £4,160 | up to £21,480 | up to £34,340 | up to £52,490 |
| Asbestosis | up to £92,820 | up to £92,820 | up to £92,820 | up to £92,820 |
| Deafness / Tinnitus | up to £11,040 | up to £39,940 | up to £96,150 | up to £123,310 |
| Brain Damage | up to £37,760 | up to £192,090 | up to £247,280 | up to £354,260 |
| Paralysis (paraplegia) | up to £249,270 | see left | see left | see left |
| Paralysis (Tetraplegia /Quadriplegia) | up to £354,260 | see left | see left | see left |
*‘Guidelines for the Assessment of General Damages in Personal Injury Cases’, Fourteenth Edition (2017) by Judicial College.
An important point to note
Your compensation will not award you an arbitrary lump sum of cash, it will always be related to the nature and extent of your injury, and the impact of your injury on your life and finances. This is because personal injury compensation, including injury at work related compensation, is redress. This means the amount you receive is intended to not only compensate you for the pain, suffering and loss of amenity you have suffered, but to also put you back in the financial position you’d have been in if the injury hadn’t happened. This is why it’s important to explain all of the issues, impacts and costs you have incurred to your solicitor.
How is a compensation amount calculated?
Compensation is usually divided into ‘special damages’ and ‘general damages’.
Special damages are costs you have incurred that are straightforward to calculate, such as medical expenses, travel costs and property damage. If you have been involved in a workplace accident, it’s always best to keep receipts and a record of any spends related to your personal injury in order to ensure they are recovered through special damages redress.
General damages aren’t as straightforward and, instead of costs incurred, are based on an assessment of the pain and suffering that you have been through. Also factored in are the potential effect of injuries on your current lifestyle. Once everything is assessed, a monetary value is placed on the impact.
Speak to an expert about your injury at work
It’s free to call a member of the Aston Knight team and free to get our advice, with no pressure or obligation to start a claim. Our experienced solicitors have helped clients win compensation in a variety of workplace injury cases and if you do decide to go ahead with us, your claim will be handled on a strict No Win No Fee basis. For more advice or to start your claim today, call us free on 0800 999 6661.
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