This guide will explore the process of how to claim for an industrial injury. There are certain eligibility criteria that your claim must meet in order for you to be able to seek compensation. We will explore this further throughout our guide.
How to claim for an industrial injury
You might also be wondering:
- How much compensation may I receive for an accident at work?
- Is there a work injury claim time limit to start a claim?
We will aim to answer these questions as well as explore the type of workplace injuries that could be sustained in an industrial accident.
Furthermore, this guide will examine the duty of care that you are owed at work and examples of how it can be breached.
Additionally, we will provide information on the steps you can take to seek compensation, such as gathering evidence and seeking legal advice.
However, if you would rather speak to a member of our team regarding your potential claim, you can do so by:
- Calling 0800 073 8805
- Using our live chat
- Filling out our ‘start your claim’ form
Choose A Section
- A Guide On How To Claim For An Industrial Injury
- Does Your Employer Owe You A Duty Of Care?
- What Evidence Can I Collect When Making A Work Injury Claim?
- What Compensation Could You Receive From An Accident At Work Claim?
- Can You Make A No Win No Fee Claim For An Industrial Injury?
- Learn More About How To Claim For An Industrial Injury
A Guide On How To Claim For An Industrial Injury
An industrial injury is harm sustained in the workplace. This can include industries such as manufacturing and construction. Examples of injuries that could be sustained include:
- Fractures and broken bones
- Lacerations
- Occupational illnesses and injuries such as dermatitis, asthma and carpal tunnel syndrome
The injuries can vary in severity and type. This will be taken into consideration when valuing how much compensation you could be owed.
For more information on how to claim for an industrial injury, please get in touch with an advisor. They are available to offer free legal advice 24/7. Alternatively, continue reading to find out when you might be eligible to seek compensation.
Does Your Employer Owe You A Duty Of Care?
As per the Health and Safety at Work etc. Act 1974, employers must take all reasonable steps to remove or reduce the risk of injury to their employers whilst in the workplace. This includes the environment, equipment and facilities.
The steps they can take may vary depending on the specific workplace. As such, there is different legislation that provides more detail on the responsibilities employers have depending on the industry they work in. For example:
- The Provision and Use of Work Equipment Regulations 1998 places a duty on people and companies who operate or have control over work equipment. They must ensure it’s safe and suitable for it’s intended purpose.
- The Personal Protective Equipment at Work (Amendment) Regulations 2022 which amend the 1992 regulations. It states that employers have a responsibility to provide necessary personal protective equipment, such as gloves, eye and ear protection.
- The Management of Health and Safety at Work Regulations 1999 which outlines and employers responsibility to carry out regular risk assessments and address any hazards that pose a risk of injury or illness.
If they fail to uphold their duty of care, this could cause you to sustain harm in a workplace accident. In order to seek compensation, you must prove:
- You were owed a duty of care
- It was breached
- You suffered injuries, either physical or psychological as a result of the breach.
This is known as negligence.
To gain a better understanding of when you might be able to claim for an industrial injury, get in touch on the number above.
Examples Of Industrial Accidents
There are many ways in which you could suffer harm in an industrial accident in the workplace. Examples include:
- Your employer may have failed to carry out a risk assessment to address any hazards involved with working from a height on a construction site. As a result, you may have sustained a severe back injury and head injury in a trip and fall at work after falling from unsecured scaffolding.
- You might not have been given adequate forklift training. As a result, you may have crashed the vehicle when asked to operate it and suffer multiple injuries.
- You may have been working with hazardous chemicals but your employer failed to provide the necessary personal protective equipment, such as gloves. As a result, you may have developed occupational dermatitis.
- You may have been asked to use equipment that was faulty when moving heavy loads in a factory warehouse. As a result, you may have experienced a crushed foot injury due to defective equipment.
Please note, not all industrial accidents will form the basis of a valid claim. In order to seek compensation, you must prove you experienced harm due to your employer’s negligence.
What Evidence Can I Collect When Making A Work Injury Claim?
There are several steps you could take after sustaining harm in an accident. For example, you should seek medical attention for your injuries. In doing so, you can ensure you receive the correct diagnosis and treatment as well as generating medical records that can be used as evidence.
Additionally, you should acquire other evidence to support your accident at work claim, such as:
- Documents. This can include medical records, any correspondence you have had with your employer about the accident, sick notes and a copy of the accident in the workplace incident book.
- Witness contact details.
- CCTV footage of the accident and/or the scene.
- Photographs of your injuries as well as the scene of the incident.
To learn more about the steps you could take to make a personal injury claim for an industrial injury, get in touch on the number above. An advisor can answer the question ‘what should I do if I’ve had an accident at work?’.
What Compensation Could You Receive From An Accident At Work Claim?
You might be wondering ‘how much money could I get if I claim for an accident at work?’. Due to each injury at work claim being unique, the compensation you receive will vary depending on your specific circumstances. Generally, though, you can receive up to two heads of claim following a successful case. These are general and special damages.
Firstly, general damages seek to compensate you for any pain and suffering caused by your injuries. We have compiled figures from the Judicial College Guidelines (JCG) which contains guideline compensation brackets for different injuries.
Solicitors and other legal professionals can use these to help them when valuing the general damages head of claim. However, these compensation figures are not guaranteed and should only be used as a guideline.
| Injury Type | Guideline Compensation Bracket | Details |
|---|---|---|
| Brain damage | £219,070 to £282,010 | (b) Moderately Severe: The injury will lead to a very serious disability along with major dependence on others and the requirement for professional or other care. |
| Brain damage | £15,320 to £43,060 | (d) Less severe: A good recovery has been made to allow the injured person to return to work and partake in a normal social life. |
| Leg | £96,250 to £135,920 | (b) Severe (i) Injuries that are the most serious and fall short of amputation. |
| Leg | £17,960 to £27,760 | (c) Less serious (i) Fractures or serious soft tissue injuries that don't fully recover. |
| Back | £74,160 to £88,430 | (a) Severe (ii) Injuries in this bracket have special features such as nerve root damage that leads to symptoms such as loss of sensation and impaired mobility. |
| Back | £7,890 to £12,510 | (c) Minor (i) When the injury has fully recovered within 2-5 years without the requirement of surgery. |
| Pelvis | £61,910 to £78,400 | (a) Severe (ii) This bracket includes injuries such as a fracture dislocation of the pelvis which involves the ischial and pubic rami and leads to impotence. |
| Arm | £39,170 to £59,860 | (b) Injuries that cause a permanent and substantial disability such as severe fractures to one or both forearms. |
| Wrist | £24,500 to £39,170 | (b) An injury leading to a permanent and significant disability. However, some movement that is useful remains. |
| Foot | £13,740 to £24,990 | (f) Moderate: Displaced metatarsal fractures which cause permanent deformity and ongoing symptoms. |
Special Damages In An Industrial Injury Claim
You may also be awarded special damages. This head of claim looks to reimburse you for any financial damages incurred due to your injuries. Below, are some examples of the costs that could be included:
- The cost of adaptations to your home
- Care costs
- Loss of earnings
In order to be compensated for any financial losses, it is crucial to keep a record of them through receipts, invoices, and bank statements, for example.
For more information on how much compensation for a work injury claim you might be owed, please get in touch with an advisor from our team. They can also provide more guidance on how to claim for an industrial injury.
Can You Make A No Win No Fee Claim For An Industrial Injury?
If you are interested in hiring a workplace injury solicitor to represent your claim, you may benefit from working with one who offers their services on a No Win No Fee basis. They might offer you a Conditional Fee Agreement (CFA) which means, if the claim fails, you aren’t required to pay for their services.
If your work injury claim is successful, your solicitor will receive a success fee from your compensation that will be capped by law.
To find out whether you qualify to be represented on this basis, please do not hesitate to get in touch.
Contact Us To See If You Can Claim For An Accident At Work
We hope this guide on the process of how to claim for an industrial injury has helped. However, if you have any other questions regarding your potential claim, please don’t hesitate to get in touch with one of our advisors.
To get in touch, you can do so by:
- Calling 0800 073 8805
- Using our live chat
- Filling out our ‘start your claim’ form
Learn More About How To Claim For An Industrial Injury
Below, we have provided some additional resources that you may find helpful:
- Health and Safety Executive (HSE) – Employer’s Responsibilities
- NHS – First Aid
- GOV – Request CCTV Footage
- Tips for making a needlestick injury at work claim
- Why is it important to report an accident at work?
- Making a claim for vibration white finger
Thank you for reading our guide on how to claim for an industrial injury. If you have any other questions, get in touch using the details provided.