I Sustained A Permanent Injury At Work – Can I Claim?

This guide will explore whether you could make a personal injury claim after sustaining a permanent injury at work.

permanent injury at work

Permanent injury at work claims guide

Additionally, we will discuss the duty of care employers owe their employees and look at how an employee could experience harm in the workplace if this is not upheld.

The injuries that could be sustained from an accident at work can vary in severity. Some injuries may be more minor leading to a short recovery whilst others could be more severe and have a lasting effect. This guide will discuss how the compensation awarded for a successful workplace accident claim can address the way in which your injuries have affected you.

Furthermore, we will discuss how the services the solicitor’s from our panel offer could benefit you. For example, they could help you gather evidence to strengthen your claim and ensure you put forward a full and complete case.

For more information, please don’t hesitate to get in touch with an advisor from our team. They can give legal advice for free at any time of day. To get in touch, you can:

Choose A Section 

When Are You Eligible To Claim For A Permanent Injury At Work? 

In order to be eligible to make a personal injury claim, you must be able to prove that negligence occurred. This involves an employer being in breach of the duty of care they owed you and causing you physical or psychological injury as a result.

An employer has a duty of care to take all steps considered reasonable and practicable to prevent employees from experiencing harm in the workplace. The steps they could take can include conducting regular risk assessments, addressing any risks they become aware of and providing adequate training to employees.

The Health and Safety at Work etc. Act 1974 sets this duty of care. If this duty is breached, and you are injured as a result, you may be able to claim compensation. For more information on eligibility, please get in touch with an advisor using the details provided above.

How Could You Suffer A Permanent Injury At Work?

There are many ways in which an employee could sustain a permanent injury at work. For example:

  • An employee is hit on the head by falling debris while at work on a building site, because their employer did not provide them with necessary personal protective equipment, such as a hard hat. This results in them experiencing a head injury which leads to severe brain damage.
  • An employer fails to provide an employee with adequate training to operate a forklift truck. As a result, they lose control of the work vehicle and sustain a back injury which affects the spinal cord leading to paralysis. 
  • Faulty equipment in a factory means you sustain a hand injury involving a traumatic amputation in a factory accident.

It’s important to note that not all instances of a workplace accident will form the basis of a valid claim. Call our team to find out whether you’re eligible.

Is There A Time Limit When Seeking Accident At Work Compensation?

The standard time limit when claiming for an accident at work is three years from date you sustained an injury. The time limit could also start from the date you connected your injuries to an employer failing to uphold their duty of care. However, there are some exceptions that may apply to your specific circumstances.

For example, if the claimant has suffered a permanent injury at work, but lacks the mental capacity to put forward a claim themselves, the circumstances are slightly different. The three year time limit is paused in this instance and a suitable person can apply to act as a litigation friend will be appointed to act on the injured person’s behalf. However, if no claim is made on their behalf, the person can make their own claim three years from the date of recovery.

Similarly, the time limit is paused for those under the age of 18. During this time a litigation friend could act on their behalf. If no claim is made for them by the time they turn 18, they will have until they turn 21 to start their own claim.

To find out more about the time limits, you can get in touch with our team using the number at the top of the page.

Work Injury Claim Calculator – What Compensation Could You Receive?

When making a successful claim for an accident at work there are two heads of claim that could form your overall settlement. These are called general damages and special damages. General damages compensates for the emotional and physical pain and suffering you have experienced as a result of your injuries. 

The guideline compensation brackets in the following table are taken from the Judicial College Guidelines. This is a document solicitors can use to help them value your injuries. However, the figures are not guaranteed as each personal injury claim is unique. As such, several factors can be considered when valuing your injuries. 

InjuryNotesGuideline Compensation Bracket
Very Severe Brain Damage (a)The person needs full time care.£282,010 to £403,990
Injuries Resulting In Paralysis (b)Cases of paraplegia where the award will be affected by several factors including age and life expectancy. £219,070 to £284,260
Arm Amputations (a)Both arms are lost.£240,790 to £300,000
Leg Injuries (a) (i)Amputations involving the loss of both legs.£240,790 to £282,010
Hand Injuries (a)Both hands are totally or effectively lost.£140,660 to £201,490
Foot Injuries (a)Both feet are amputated.£169,400 to £201,490
Severe Neck Injuries (a) (i)This bracket includes cases of incomplete paraplegia.In the region of £148,330
Severe Back Injuries (a) (i)The most severe injury involving nerve root and spinal cord damage.£91,090 to £160,980
Wrist Injuries (a)Injuries lead to a total loss of function in the wrist.£47,620 to £59,860
Toe Injuries (b)The great toe is amputated.In the region of £31,310

Special Damages In A Workplace Injury Claim

You could also receive special damages within your settlement. This compensates for any financial costs incurred as a result of your workplace injury. This can help to return you to the financial position you were in before the injury.

Some of the costs you could claim for include:

  • Care costs
  • Medication and treatment costs
  • Travel costs
  • Loss of earnings

It is important to remember to keep evidence of your financial outgoings, such as bus tickets and receipts. 

For more information on the compensation you could be awarded following a successful claim for a permanent injury at work, get in touch on the number above.

Potential Evidence That Could Be Used In A Work Injury Claim 

As part of the accident at work claims process, you should gather evidence to prove employer negligence occurred. To do this, you can take several steps, such as:

  • Taking photographs of the accident site and of your injury.
  • Seeking medical attention and keeping copies of any medical records such as X-rays and doctor notes.
  • Requesting CCTV footage of the incident.
  • Keeping a diary of your symptoms and condition. 
  • Taking the contact details of potential witnesses to the incident. 
  • Filling out the accident book at work to get a copy of the incident report.

Make sure to collect as much evidence as possible in order to support your claim. If you are unsure how to collect evidence, our workplace injury solicitors are more than happy to help. To find out whether you could work with one of our solicitors, get in touch using the number above.

Use Our Accident At Work Solicitors To Claim On A No Win No Fee Basis  

You may find it beneficial to have one of our solicitors represent your permanent injury at work claim. They can offer you a particular kind of No Win No Fee agreement known as a Conditional Fee Agreement. Typically, under this type of contract, you won’t pay:

  • Upfront for your solicitor’s services
  • Ongoing costs for the services your solicitor provides while your claim proceeds
  • Fees for the work your solicitor has completed on your case if it fails.

You will be required to pay a small fee to your solicitor if your case is successful. This fee is capped by the Conditional Fee Agreements Order 2013, so you cannot be overcharged. 

To find out whether you could work with one of our solicitors, get in touch with an advisor. They can discuss eligibility in more detail and provide an estimate of how much you could be awarded should your claim succeed. They can also answer any questions you might have regarding the claims process. You can reach them by:

Learn More About Claiming For A Permanent Injury At Work  

Below, we have provided more of our guides relating to accident at work claims:

Additionally, we have provided more external resources that you might find beneficial:

If you have any other questions about making a permanent injury at work claim, get in touch using the details provided above.

Writer Arthur Waters

Editor Meg Matthews