Accidents at Work

There are two types of injury compensation that you may be entitled to. The first, called ‘general damages’, and is awarded to compensate you for the pain and suffering caused by the injury. The second type of injury compensation, called ‘special damages’, covers actual financial losses and expenses arising from the injury. This can include lost earnings, care given to you by your friends and family, costs of treatment, travel costs and various other expenses including future losses.

Please see our Personal Injury Claims services.

What will I get Personal Injury compensation for? – Video Transcript

A lot of clients ask us ‘What can I claim compensation for?’. For most claims, there’s two different aspects to it. There’s General Damages and there’s Special Damages. Your General Damages relates to your injury aspects of your claim, which is your pain, suffering and loss of amenity. That takes into account obviously how bad the pain was, how long you suffered for and what it’s impacted in your life in terms of what you can and can’t do now going forwards. In addition to that you’ve got your Special Damages which is your out-of-pocket expenses. These are loss of earnings, care and assistance, travel, it might be a sports membership or something like that that you can no longer use due to the accident. It’s obviously for the claimant to always prove their losses on those ones. So if you’re unaware of how to prove it, or what you need to show it, you can either check out one of our other videos or give us a call and we can go through it with you.

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No. Seeking compensation for an accident at work that was not your fault is not grounds for dismissal. Your employer will have insurance to cover your accident claim. For the most part, your solicitor will be dealing with the insurance company. Watch this short video to learn more.

The responsibility for an accident at work is very often it is the employer, even though they may try to blame you or even discipline you for the accident. However, sometimes the accident might be the responsibility of a third party, for example, a building site main contractor. It might be due to the fault of a work colleague acting in a manner not related to the job. It might even be your own fault in whole or in part. If you are unsure, get in touch with our personal injury lawyer for a free initial case review in complete confidence.

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Ideally you should make your accident at work claim as soon as possible but this may not be easy. For the majority of cases, any claim for an accident at work compensation must be made within three years of the date of the accident. There are some exemptions and you may be able to make a claim for an accident dating back further. 

As specialist personal injury lawyers, we will be able to advise you on your rights.

How long do I have to make an accident at work claim? Video Transcript

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There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18^th. is their 21^st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

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An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

No Win No Fee

When it comes to making a personal injury claim, one of the most important things to consider is how you will fund your case. After all, taking legal action can be costly, and if you don’t have the right funding in place, you may find yourself struggling to cover the costs.

No win no fee arrangements can be extremely beneficial for claimants, as they provide access to justice regardless of their financial situation.

However, it’s important to remember that not all no win no fee solicitors are the same. Some may charge hidden fees or have strict conditions in place, so it’s always worth doing your research before you choose a solicitor to work with.

No win no fee agreements have become a popular way for personal injury claimants to pursue compensation. But what exactly are they and what do you need to know about them? Stonehewer Moss Solicitors we will explain everything you need to know about no win no fee agreements, including how they work and the pros and cons of using them. 

What Is a Success Fee?

If your claim is successful then you become liable to pay your solicitors base costs, plus any success fee they charge. The success fee is very often misunderstood and often confused with the solicitors overall cap on costs. To be clear the success fee forms part of the overall costs charged, that is, the base costs plus the success fee.  

At Stonehewer Moss we apply an overall cap on the costs we charge you based on the amount of compensation you receive. This overall cap is typically between 18% and  30% of the compensation amount recovered, although this will be subject to your individual circumstances. This is a cap both on your liability for your base fees in general and the success fee added together.  

Accordingly when considering which law firm to use it is therefore much more useful (and much easier to understand) if you just ascertain what the overall cap is on your liability for legal costs is, as this is the amount that you will usually pay.

At Stonehewer Moss there is an overall cap so that your liability for all your legal costs will never exceed 30% of the damages you are awarded and can be as low as 18%.

No Win No Fee

When it comes to making a personal injury claim, one of the most important things to consider is how you will fund your case. After all, taking legal action can be costly, and if you don’t have the right funding in place, you may find yourself struggling to cover the costs.

No win no fee arrangements can be extremely beneficial for claimants, as they provide access to justice regardless of their financial situation.

However, it’s important to remember that not all no win no fee solicitors are the same. Some may charge hidden fees or have strict conditions in place, so it’s always worth doing your research before you choose a solicitor to work with.

No win no fee agreements have become a popular way for personal injury claimants to pursue compensation. But what exactly are they and what do you need to know about them? Stonehewer Moss Solicitors we will explain everything you need to know about no win no fee agreements, including how they work and the pros and cons of using them. 

What Is a Success Fee ?

If your claim is successful then you become liable to pay your solicitors base costs, plus any success fee they charge. The success fee is very often misunderstood and often confused with the solicitors overall cap on costs. To be clear the success fee forms part of the overall costs charged, that is, the base costs plus the success fee.  

At Stonehewer Moss we apply an overall cap on the costs we charge you based on the amount of compensation you receive. This overall cap is typically between 18% and  30% of the compensation amount recovered, although this will be subject to your individual circumstances. This is a cap both on your liability for your base fees in general and the success fee added together.  

Accordingly when considering which law firm to use it is therefore much more useful (and much easier to understand) if you just ascertain what the overall cap is on your liability for legal costs is, as this is the amount that you will usually pay.

At Stonehewer Moss there is an overall cap so that your liability for all your legal costs will never exceed 30% of the damages you are awarded and can be as low as 18%.

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

The value of every accident at work compensation claim depends on the seriousness of the injury as well as the chances of you making a full recovery.

In handling your claim, we will also look at other financial aspects such as medical expenses, travel costs and loss of earnings you may have had as a result of the accident. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We will also seek to obtain interim payments where possible to help you to avoid financial hardship caused by an accident at work that wasn’t your fault.

Whatever the nature of your injury, our aim is to get you the highest amount of compensation as quickly and stress-free as possible so that you can get your life back on track.

How much will my accident at work claim be worth? Vide Transcript

The value of your claim will depend on a number of things. It will depend on what injury you’ve sustained, how long it’s gone on for and what other losses you’ve also incurred. For example, for a knee injury that recovers fairly quickly you’re potentially looking in the region of about £5,000. However, there’s then brackets of that where the knee injury gets more and more severe, all the way up to serious knee injuries. Which involves damaged ligaments and risks of osteoarthritis, loss of movement and restriction and things like that, where you could be looking at in the region of between £60,000 and £90,000. So it’s very difficult to tell often at the early stage, however it’s something that we might be able to give you an idea of. It’s difficult if you’ve only just had your accident and you’re not sure on how recovery is going to go, but we can keep an eye on that as your claim progresses. In addition to that loss, which is called your General Damages, you’ve also got your Special Damages which relates to your out-of-pocket expenses. Such as loss of earnings, care and assistance, travel, all those sorts of things which would be in addition to the other figures mentioned earlier if you had a bad knee injury. It’s something that we can help you with and we can have a chat about the value of the claim right from the off, however it’s really difficult to pin it down until we know how you are going to recover. But it’s something that we know we can keep an eye on and push your claim forwards whilst you’re still recovering from your injuries and determine the true value of your claim once we’ve obtained all of the medical evidence required. You might want to check out some of our other videos where we talk about General Damages and Special Damages specifically, so that you can understand those better and how to prove those losses more efficiently.

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If you’re injured because of an accident at work, there are a few important things you should do before contacting us:

• Record your accident with your employer and ensure it’s logged in an accident book
• Take photos of your injury and where it took place, make detailed notes and get the details of witnesses
• Make an appointment to see a doctor so that they can record details of the accident in your medical records and treat the injury
• Check your contract of employment to see your entitlements for pay and benefits if you are unable to work
• If you’re a trade union member, notify your representative

The next step is to get in touch with us to see if you have a claim. It’s best to get legal advice as soon as possible so that we can obtain crucial evidence and because there may be time limits.

We offer a Free No Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the personal injury claims process, dealing directly with your employers and their insurance company on your behalf to secure compensation for your injuries quickly and amicably.

Broke my arm when I was trampled by livestock whilst working on a farm. Can I claim compensation?

In any workplace, it is the duty of the employer to maintain a safe working environment.

Although seemingly docile animals, working with cows and other livestock can carry a risk of biting, kicking or crushing. Farm employers should ensure risk assessments are conducted frequently and that measures are put in place to deal with hazards and risks where necessary.

The Health and Safety Executive’s “Farmwise” Guide (based on the Health and Safety at Work Act 1974) states that in order to reduce the risk of accident/injury, it is imperative that any employee handling livestock should have:

• Proper handling facilities, which are well maintained and in good working order
• A race and a crush suitable for the animals to be handled
• Trained and competent workers
• A rigorous culling policy for temperamental animals

Should any of the above points not be adhered to by your employer, resulting in an accident causing you injury, you could be eligible for compensation.

I work in a factory and broke my finger after getting it caught in a machine whilst working, I have been left with scars and was out of work for a few weeks – am I entitled to compensation?

In any factory, some of the most common accidents are associated with machinery. Factory workers are often exposed to a range of hazards, which if overlooked can have disastrous effects on the well-being of the employees.

All factory workers should have adequate training and be made aware of potential hazards or risks within their line of work before carrying out any tasks. Health and safety procedures within factories must be extremely strict and adhered to by all members of staff, the employer must also ensure that machinery is maintained to a safe working standard for the operators and that regular safety checks are conducted in case any new hazards arise.

If your finger was trapped because of a lack of safeguarding, a fault with the machine or inadequate training, it is highly likely that you are entitled to compensation due to the negligence of the factory employer.

I have scars from accidentally cutting myself at work but I’m no longer in pain, can I still claim compensation?

It is more common thank you may think for people to suffer from permanent scarring following an accident and never make a personal injury claim for it.

Many believe that because their physical pain has subsided and they can go about their daily life, they are not eligible for compensation. This however is not the case.

It is the duty of employers to ensure their employees operate in a safe working environment, this includes training staff how to use equipment properly and safely and making them aware of any hazards involved in carrying out their job.

Should the employer’s negligence to health and safety standards result in an accident causing injury to an employee, the employee then has the right to claim compensation against them.

Scarring from a cut can be traumatic both physically and mentally. Scars can be a reminder of the accident and they can also cause someone to become self-conscious depending on the their severity and whereabouts on the body.

If you have permanent scarring from an accident at work that occurred within the last 3 years, you may be eligible for compensation. It is recommended that you consult a professional in Personal Injury Law, such as Stonehewer Moss, for further clarity on where you stand with your personal injury claim.  

A shop mannequin fell on me, hitting me in the head. Can I claim compensation for my head injury? I had to take a week off work for concussion.

Whether you are a customer or an employee of a store, every shop owner has a legal responsibility to keep the public out of harm’s way whilst on their premises, as outlined in the The Occupiers’ Liability Act 1957.

This includes ensuring heavy objects like mannequins are stable and secured to the floor to prevent them from falling over.

It is difficult to know what to do after suffering an accident in a shop, as they can come as quite a shock and can be uncomfortable to handle in a public setting.

If possible, it is important that you or someone you are with takes names and contact details for any witnesses to the event, as well as pictures of the scene and the injuries sustained.

This evidence will be of help to you further down the line should you decide to make a personal injury claim. 

If it can be demonstrated that the shop owner was negligent in their duty of care towards you, you may be eligible for compensation. Getting in touch with an experienced personal injury solicitor could be vital in winning your claim.

Legal professionals have the experience and knowledge to determine the extent of your claim, how much compensation you could receive as well as who is liable for your injuries.  

Burnt my forearms when I slipped and fell onto the stove at work. I am a chef and can’t currently work due to my injuries, am I able to claim for my loss of earnings?

The use of grills, ovens, hot pans and oils come as part of the package when working as a chef.

Kitchens are dangerous environments for anyone to navigate, particularly in restaurants or other commercial businesses where there can be multiple appliances operating at any given time, with many members of staff working in the same area.

It therefore comes as no surprise that injuries such as burns, lacerations, slips, trips and falls are common within the industry.

There are strict rules and regulations within restaurants for all kitchens to be cleaned and maintained to a safe working standard to prevent the risk of injury to staff.

However, accidents still do happen regardless of the measures put in place.

Chefs require the use of their arms and hands to carry out their job, a severe burn injury can cause loss of function and permanent scarring as well as leave a chef out of work for a considerable length of time to recover.

Restaurant owners and employers have a duty to ensure their staff are safe whilst working on the premises.

This includes training employees on how to operate the kitchen appliances, handle hot food and drinks as well as clean the work space efficiently. If for whatever reason this training has not been provided, your working environment it not safe, or the equipment you use is faulty, resulting in an accident causing injury, you may be entitled to compensation.

If you have had to take time off work in order to recover from your injuries, your loss of earnings would be considered within the sum of compensation.

If you have suffered an accident at work as a chef, after seeking medical assistance you should follow internal procedures to make your employer aware of the incident as well as logging it in the accident book.

It is then advised that you speak with legal experts like Stonehewer Moss who can help you determine whether you have a potential workplace injury claim and, should you wish to proceed, progress your case and resolve your injury claim as quickly and as stress-free as possible

Fell between loose scaffolding boards onsite at work, injuring my back. The site manager says I cannot claim against them because I’m self-employed, is this right?

If you are a self-employed sub-contractor it may be assumed that you don’t hold the same legal rights as a full time employee, but this is not always true. If you have sustained an injury on a construction site through no fault of your own, you may be entitled to compensation providing your case meets the criteria required for a personal injury claim.

If you are employed to work on a construction site, the company that hired you or possibly the site owner, has a duty of care towards you. Therefore strict health and safety regulations must be in place to prevent the risk of injury to staff and visitors on site.

All employees should be provided with adequate training and regular risk assessments should be conducted by the site managers.

Changes to the working environment tend to be constant on building sites which means as structures are built, new hazards arise. It is also the employer’s responsibility to ensure that all equipment and tools are maintained to a safe working standard at all times, this includes scaffolding.

Loose scaffolding boards pose a direct risk to the health and safety to anyone who walks upon them.

Should the boards have been loose at the time of your accident, it would suggest that there is clear negligence on behalf of your employer towards the safety inspection of the environment prior to the accident occurring, which would be a strong enough reason to claim compensation against them for your injuries.

Personal injury claims take into account not only the immediate pain and suffering of the victim, but also the financial losses, medical costs and the effect it has had on quality of life.

In order to establish whether you have a potential injury claim, as well as the likely amount of compensation you could be entitled to, it is highly recommended that you speak with a personal injury solicitor.

A solicitor would discuss with you the accident circumstances and your employment agreement and advise on the relevant next steps to progress your case.

Am I entitled to make a claim for building injury compensation if I am a contractor working on a site and not an employee?

It is a common misconception that site contractors who have been involved in on-site accidents are not entitled to claim compensation as they are not viewed as employees, but this is not necessarily the case.

If you have sustained injuries due to the negligence of someone who had a duty of care towards you, then you may have a potential claim.

Building sites are usually managed by a company or an individual who also tend to be responsible for the health and safety of all employees, contractors and visitors in that working environment.

These environments are frequently peppered with potential hazards and it is the duty of those in charge to conduct regular risk assessments to prevent the possibility of an accident.

There are however circumstances in which some safety checks can be overlooked, particularly when projects need to be completed in short timeframes. In this case, there is an increased risk of injury to those on-site and unfortunately more accident claims are recorded.

Typical injuries on building sites include lacerations, burns, fractures or sometimes the loss of limbs and severe head and neck injuries.

These can be caused by accidents from working with faulty machinery, falls from height, electrocution and being struck by heavy or falling objects.

If something like the above happens on a building site and somebody is injured as a result, if it can be proven that the incident was due to a breach in the duty of care of whoever was responsible at the time, then those who were injured would have a very strong accident claim against them.

It can be difficult to determine the liable party in any case and so it is highly recommended that anyone who has been involved in an accident speaks to a solicitor at an accredited personal injury law firm like Stonehewer Moss.

Your solicitor would be able to find out who is legally responsible for your injury and work as your representative to obtain the compensation you deserve.