Accident at Work Claim

If you have been injured at work, you may be able to make an accident at work claim. JMW’s specialist accident at work solicitors help people claim compensation after workplace accidents caused by unsafe working practices, faulty equipment, inadequate training, a lack of personal protective equipment or other failures in workplace health and safety.

A workplace injury claim can provide compensation for the impact of your injury. This may include lost earnings, medical expenses, rehabilitation, care and other financial losses linked to the accident. Our legal team will explain whether you have grounds for a personal injury claim and guide you through the claims process from the start.

We understand that making a work injury claim can feel like a big step. You may be worried about your employer, sick pay, legal fees or what happens if your employer denies liability. JMW will explain your options clearly and deal with the employer’s insurance company on your behalf.

Call us on 0345 872 6666 or complete our online enquiry form to speak to a member of our team. We offer a free initial consultation and can handle eligible accident at work claims on a no win, no fee basis.

How JMW Can Help

When you contact JMW about an accident at work claim, we will listen to what happened and explain whether you have grounds to claim compensation. If we can help, we will guide you through the claims process and begin gathering the evidence needed to support your case.

Our specialist accident at work solicitors are led by partners Andrew Lilley and Gordon Cartwright. The team is experienced, dynamic and accommodating. We have received recognition from the Legal 500, placed as a finalist in the Manchester Legal Awards for personal injury and have been shortlisted by the Personal Injury Awards as Team of the Year.

We have handled many workplace injury claims, ranging from slips, trips and falls to serious accidents involving faulty equipment, inadequate training, unsafe working practices and a lack of personal protective equipment. We also support families with claims after fatal accidents at work.

Our personal injury team will gather evidence such as medical records, accident book entries, accident reports, witness statements, photographs, risk assessments and details of any faulty equipment. We can also arrange an independent medical assessment where needed. This can show the impact of your work injury and how much compensation may be appropriate.

We understand that people are often concerned about making a claim against their employer, but your employer has a legal duty to take reasonable steps to protect your health and safety at work. Accident at work claims are usually handled by the employer’s insurance company and we will deal with them on your behalf.

Where appropriate, we can also work to put rehabilitation and care packages in place quickly. This may include medical treatment, therapy, specialist equipment or support with returning to work.

Read more about our accreditations here.

Meet the Team

Our specialist team at JMW is here to help you make an accident at work claim, offering expert guidance to navigate the legal process and ensure you receive the compensation you deserve for your injuries.

Case Studies

Can I Make an Accident at Work Claim?

You may be able to make an accident at work claim if you were injured because your employer failed to take reasonable steps to protect your health and safety.

Employers have a legal duty to provide a safe working environment. This includes carrying out risk assessments, providing suitable training, maintaining equipment and supplying personal protective equipment where needed. If your employer failed to meet this duty and you sustained a workplace injury as a result, you may have grounds to claim compensation.

An accident at work claim can involve many different circumstances. You may have been injured because of faulty equipment, unsafe working practices, inadequate training, a lack of protective equipment or a hazard that should have been addressed. Workplace accidents can happen anywhere, and it is best to seek legal advice if you are unsure whether you can make a claim.

JMW’s accident at work solicitors will listen to what happened and explain whether you have a claim. We will also advise you on the evidence that can support your case, including medical records, accident book entries, witness statements and photographs.

What Do I Need to Prove in an Accident at Work Claim?

To make an accident at work claim, you usually need to show that your employer owed you a legal duty, that they failed to meet that duty and that this caused your injury.

The core points are:

• Your employer owed you a legal duty: employers must take reasonable steps to protect workplace health and safety, so this legal duty exists automatically.
• Your employer failed to meet that duty: this may involve inadequate risk assessments, unsafe working practices, faulty equipment, a lack of training or unsuitable personal protective equipment.
• The accident caused your injury: medical evidence can show how the workplace accident affected you.
• You experienced financial losses: this may include lost earnings, medical expenses, travel costs or other out of pocket expenses linked to your injury.

You will also need evidence to support your workplace injury claim. This may include medical records, details of your treatment and an independent medical assessment. These records can show how the accident happened, how your work injury has affected you and how much compensation may be appropriate.

What Is Your Employer's Responsibility After an Accident at Work?

Employers have a legal duty to take reasonable steps to protect the health and safety of their employees and workers. If your employer failed to meet this duty and you sustained a workplace injury, you may be able to make an accident at work claim.

Employer responsibilities can include:

• Carrying out risk assessments: employers should identify workplace risks and take steps to address them.
• Providing suitable training: workers should understand how to carry out their role safely.
• Maintaining equipment: faulty equipment should be repaired or replaced before it causes harm.
• Providing personal protective equipment: this should be suitable for the work being carried out.
• Creating safe systems of work: employers should have clear processes in place to reduce the risk of workplace accidents.
• Recording and reporting certain accidents: some incidents must be recorded and may need to be reported to the Health and Safety Executive under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.

If the accident happened because your employer failed to take reasonable steps, JMW can explain whether you have grounds for a workplace injury claim. We can also gather evidence such as accident reports, risk assessments, witness statements and medical records to support your claim.

Common Causes of Workplace Accidents

Workplace accidents can happen in many different settings. The type of accident will often depend on the work being carried out, the equipment being used and the health and safety measures in place.

If you sustained a workplace injury because your employer failed to take reasonable steps to protect you, you may be able to make an accident at work claim. JMW’s accident at work solicitors have represented people in a wide range of workplace injury claims, including those involving:

• Accidents caused by cranes: crane accidents can cause serious injuries where lifting operations are not planned, supervised or carried out safely.
• Falls from height: these claims may involve ladders, scaffolding, platforms, roofs or other raised working areas.
• Falling objects: injuries can happen when tools, materials or other items are not stored, secured or handled safely.
• Accidents caused by forklift trucks: forklift accidents may involve unsafe vehicle movements, poor supervision, unsuitable traffic routes or a lack of training.
• Incidents involving hazardous substances: employers should assess risks and provide training, safe systems of work and suitable personal protective equipment where hazardous substances are present.
• Accidents involving manual handling: these claims can arise where workers are asked to lift, carry, push or move items without suitable training, equipment or support.
• Faulty or a lack of personal protective equipment: unsuitable or missing protective equipment can increase the risk of workplace injury.
• Accidents involving scaffolding: scaffolding accidents can happen where structures are not erected, inspected or maintained properly.
• Slips, trips and falls: these claims may involve wet floors, uneven surfaces, poor lighting, trailing cables or other hazards.

The risk of injury in work will vary on a sector-by-sector basis. You can learn more about the highest-risk industries by reading our analysis of the most dangerous jobs in the UK.

The above list is not comprehensive. If the accident happened at work and you are unsure whether you can claim compensation, seek legal advice. JMW can explain whether you have grounds for an accident at work compensation claim, and what evidence may help to support it.

Can I Claim for Occupational Illness or Disease?

You may be able to make a workplace injury claim if your health has been affected by unsafe working conditions over time. These claims can involve exposure to harmful substances, unsafe equipment, repeated movements or working environments that have not been properly assessed.

JMW’s accident at work solicitors also advise people who have occupational illnesses and diseases, including:

• Asbestos-related illnesses: claims involving mesothelioma, asbestosis or other conditions linked to asbestos exposure at work.

Medical evidence is important in an occupational illness or disease claim. A specialist injury at work solicitor can gather medical records, workplace evidence and details of exposure to support your work injury compensation claim.

What Injuries Can Lead to an Accident at Work Claim?

An accident at work claim can involve many different types of workplace injury. Some people sustain minor injuries that resolve with medical treatment. Others experience injuries that have a longer-term impact on their work, mobility, independence or daily life.

Work injury compensation claims may involve:

• Broken bones and fractures: these may affect the arms, legs, hands, feet, ribs or other areas of the body.
• Back, neck and shoulder injuries: these can happen after falls, manual handling accidents, vehicle accidents or incidents involving unsafe working practices.
• Soft tissue injuries: these may include sprains, strains and ligament damage.
• Burns and scarring: these may be caused by chemicals, hot surfaces, machinery, electrical equipment or hazardous substances.
• Crush injuries: these can happen where a person is trapped by machinery, equipment, vehicles or falling objects.
• Head and brain injuries: workplace accidents can lead to concussion, skull fractures or a severe brain injury.
• Spinal injuries: these may affect movement, sensation, mobility and daily activities.
• Amputation injuries: these may happen in accidents involving machinery, vehicles, tools or crushing forces.

The type of injury will affect how your workplace injury claim is valued. Medical evidence, medical records and an independent medical assessment can all be used to show the impact of your injury and the medical treatments you may need.

How Much Compensation Can I Claim for an Accident at Work?

How much compensation you can claim after an accident at work will depend on your injury, your recovery and the financial losses linked to the accident. Every compensation claim is assessed on its own facts.

Accident at work compensation usually considers two main areas:

• The injury itself: this looks at the type of workplace injury you sustained, the pain you experienced, the medical treatment you needed and the impact on your daily life.
• Your financial losses: this can include lost earnings, medical expenses, travel costs, care, rehabilitation and other out of pocket expenses caused by the accident.

Medical evidence is important when valuing a work injury compensation claim. This may include your medical records, treatment notes and an independent medical assessment. These records demonstrate how the accident happened, how your injury has affected you and what support you may need in the future.

JMW will also look at how the accident has affected your work. This may include time away from work, reduced hours, changes to your role or future loss of earnings. If you have paid for medical treatments, travel or other support because of your injury, these costs may also form part of your claim.

Our accident at work solicitors will explain how compensation is calculated and what evidence may help. You can also use our compensation calculator tool for a general indication of how much compensation may be appropriate for different injuries:

Can I Claim if I Was Partly Responsible for the Accident?

You may still be able to make a work accident claim if you were partly responsible for the accident. This is known as contributory negligence.

Contributory negligence applies to situations where more than one person may have contributed to the accident. For example, your employer may have failed to provide suitable training, safe equipment or proper supervision, while you may also have made an error when the accident happened.

This does not automatically prevent a successful claim. It may mean that the amount of compensation awarded is adjusted to reflect each person’s share of responsibility.

JMW’s accident at work solicitors will review what happened and explain whether you may still be able to claim compensation. We will also gather evidence such as witness statements, accident reports, medical records and risk assessments to support your claim.

What if My Employer Denies Liability?

You may still be able to make an accident at work claim if your employer denies liability. In many workplace injury claims, the response will come from the employer’s insurance company rather than the employer directly.

If liability is denied, JMW will review the reasons given and explain the next steps. We can gather further evidence to support your claim, including:

• Accident book entries
• An accident report
• Medical records
• Medical evidence from an independent medical assessment
• Witness statements
• Photographs of the accident location or equipment
• Risk assessments
• Training records
• Health and safety documents

This evidence can help to show how the accident happened, why your employer may have been responsible and how your workplace injury has affected you.

Most personal injury claims do not need a final court hearing. If court proceedings are needed, JMW will explain what this means and guide you through each stage.

How Long Do You Have to Claim After an Accident at Work?

You usually have three years from the date of the accident at work, or from the date you became aware of your injury, to begin court proceedings.

This is the standard time limit for most accident at work claims in England and Wales. It is best to seek legal advice as soon as possible, as this gives your solicitor more time to gather evidence, review medical records and contact the employer’s insurance company.

There are some exceptions to the usual three-year time limit. These include:

• Claims involving children: a child usually has until their 21st birthday to begin court proceedings.
• Claims involving people who lack mental capacity: the time limit may not start unless the person later regains capacity.
• Fatal accident claims: different time limits may apply depending on the circumstances.

If you are unsure how long you have to claim after an accident at work, JMW can explain the time limit that applies to your situation. Read our guide to personal injury claim time limits to learn more.

How Does the Accident at Work Claims Process Work?

The accident at work claims process starts with an initial conversation about what happened, the injury you sustained and how the accident has affected you. JMW will then explain whether you can claim compensation and what the next steps involve.

The process of claiming for an injury at work usually includes:

• Initial legal advice: we will listen to what happened and explain whether you have grounds for an accident at work claim.
• Gathering evidence: this may include accident book entries, an accident report, witness statements, photographs, risk assessments, training records and medical records.
• Contacting the employer’s insurance company: we will contact the insurer on your behalf and set out the details of your claim.
• Arranging medical evidence: an independent medical assessment may be needed to understand your injury, treatment needs and recovery.
• Calculating compensation: we will consider your injury, medical expenses, lost earnings, care, rehabilitation and other financial losses.
• Negotiating the claim: we will work to secure the right level of compensation for your workplace injury.
• Starting court proceedings where needed: most personal injury claims do not require a final court hearing. If court proceedings are needed, we will explain each stage clearly before we begin, and keep trying to resolve your claim through negotiation ahead of the final hearing.

JMW will guide you through the claims process and keep you updated throughout your workplace injury claim. Read our guide to the lifecycle of a personal injury claim to find out more.

No Win, No Fee Accident at Work Claims

JMW handles eligible accident at work claims on a no win, no fee basis. This means you can start a workplace injury claim without paying legal fees upfront, and if your claim is unsuccessful, you will not owe any legal fees. This option can help people access legal support after workplace accidents without immediate financial pressure.

During your free initial consultation, our accident at work solicitors will explain how the no win, no fee basis works and whether your claim can be handled in this way. We will also explain any legal fees clearly before your claim begins.

Learn more about how we handle no win, no fee claims for personal injury.

Untrained Worker Receives a Crush Injury - Neil's Story

Q

What evidence do I need for an accident at work claim?

A

Useful evidence can include:

• Medical records
• Accident book entries
• An accident report
• Witness statements
• Photographs of the accident location or equipment
• Risk assessments
• Training records
• Health and safety documents
• Details of lost earnings and other financial losses

JMW will help you gather as much evidence as possible to support your accident at work claim.

Q

Can I claim if I am self-employed or a contractor?

A

You may be able to make a workplace injury claim if you are self-employed or a contractor. This will depend on the circumstances of the accident and who had responsibility for your safety at the time.

For example, another business may have owed you a legal duty if it controlled the site, equipment, working environment or system of work. JMW can explain whether you may be able to make a work accident claim.

Q

Can I claim for an accident at work if I am on a zero-hour contract?

A

You can claim for an accident at work if you are on a zero-hour contract. Employers have a duty of care to ensure the health and safety of all workers, including those on zero-hour contracts. If your employer's negligence or failure to meet their legal obligations has caused your workplace injury, you may be entitled to compensation regardless of your employment status.

Q

Can I still make a personal injury claim if I work in a high-risk industry?

A

You can still make a personal injury claim if you work in a high-risk industry, such as construction, manufacturing or agriculture. Employers in these industries are required to take appropriate measures to ensure the health and safety of their employees. If you have been injured in a workplace accident, and you believe that your employer failed to take adequate precautions or neglected their duty of care, you may be entitled to compensation.

Q

How is an industrial accident compensation claim different to a normal accident at work claim?

A

An industrial accident generally refers to an accident that has taken place in a setting such as a construction site, factory or warehouse. Each year, hundreds of workers are injured in industrial accidents, which range in severity and cause. If your injuries were caused by somebody else’s negligence, you will be entitled to claim compensation.

Making an industrial accident compensation claim gives you the chance to recover the money to which you are entitled if you have been injured at work. This includes compensation to cover your costs if your injuries mean you are unable to continue in your role, have lost earnings while recovering, or are suffering from an injury that requires regular or specialist medical attention.

If you suffer from long-term illness or disability following an industrial accident, you may be entitled to Industrial Injuries Disablement Benefit (IIDB), as well as compensation. The amount you receive depends on the severity of your illness or injury. Weekly payments range from £33.60 to £168.

To make a claim for IIDB, you must have either been employed when the accident happened or been on an approved training scheme or course. This scheme also covers asbestos-related diseases, such as mesothelioma and asbestosis. For more information on claiming IIDB, take a look at the official government guidance. If you think you may be entitled to compensation, contact JMW to speak to a work injury solicitor today.

Q

When can I return to work after making a workplace accident claim?

A

The decision to return to work after making a workplace accident claim should be based on your medical recovery and the advice of your healthcare professionals. Returning to work too soon could exacerbate your injuries or hinder your recovery. It is important to discuss your return to work with your doctor, employer and solicitor to ensure a safe and appropriate transition back to the workplace.

Your employer should make reasonable adjustments to accommodate your needs and help you return to work safely. This may include providing modified duties, offering flexible working hours, or implementing additional health and safety measures. If you experience difficulties or discrimination upon your return to work, it's crucial to communicate with your solicitor, who can provide guidance on your legal rights and options.

Keep in mind that returning to work does not affect your ability to continue with your workplace accident claim. The compensation you receive will take into account any lost earnings, future loss of earnings, and ongoing expenses related to your injury or illness. Your solicitor will ensure that your claim accurately reflects the full impact of your workplace accident on your life and finances.

Q

Will I receive sick pay after an accident at work?

A

You may be entitled to statutory sick pay if your injury means you need time away from work. This will depend on your employment status, contract and circumstances.

Some people may also be able to apply for Industrial Injuries Disablement Benefit after a workplace injury. JMW can advise on the accident at work claim itself and explain where you may need separate advice about employment rights or benefits.

Q

Do I pay tax on accident at work compensation?

A

In most cases, personal injury compensation is not taxable. This means you will usually not need to pay tax on compensation awarded for the injury itself.

There may be exceptions for certain types of interest or other payments. JMW can explain this as part of your compensation claim.

Q

Can I be dismissed after an accident at work?

A

Your employer should not dismiss you simply because you had an accident at work or because you are making a personal injury claim.

If you are worried about dismissal or unfair treatment, you may need separate employment law advice. JMW can explain the accident at work claim process and help you understand how the claim will usually be handled by your employer’s insurance company; as a multidisciplinary law firm, we are also able to provide guidance on your legal status from an employment law perspective.

Q

How long does an accident at work claim take?

A

The time it takes to complete an accident at work claim will depend on the injury, the medical evidence, the value of the claim and whether the employer’s insurance company accepts liability.

JMW will explain the likely timescales once we understand what happened and how your workplace injury has affected you.

Q

Do most personal injury claims go to court?

A

Most personal injury claims do not need a final court hearing. Many claims are resolved through negotiation with the employer’s insurance company.

If court proceedings are needed, JMW will explain what this means and guide you through each stage clearly.