When calculating how much compensation you can claim for an injury at work, solicitors take the individual circumstances of claims into account. Compensation is valued on a case-by-case basis because factors, such as the severity of your injuries, whether there was psychological harm and how much you’ve lost financially because of your injuries, impact the amount you could claim.
A guide answering ‘how much compensation can you claim for an injury at work?’
This article will show you how to calculate compensation amounts and what makes a valid claim. Furthermore, you will find out the actions you can take to prepare your claim.
Following this, if you would like a free consultation about a personal injury claim, contact our team of advisors. They’re available 24/7 and give free legal advice.
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Choose A Section
- Can I Claim Compensation For Injuries Suffered At Work?
- How Much Compensation Can You Claim For An Injury At Work?
- Examples Of Accidents In Workplaces
- What Evidence Is Needed To Prove A Work Injury Claim?
- How To Make A No Win No Fee Claim
- Further Information: How Much Compensation Can You Claim For An Injury At Work?
Can I Claim Compensation For Injuries Suffered At Work?
The injuries you suffer at work could be claimable, although this depends on a number of different factors. You will not be eligible for compensation just for being injured at work. You must show your employer to be at fault.
In Great Britain, according to the Health and Safety Executive (HSE), 441,000 people were reported to suffer a workplace injury by the Labour Survey and 51,000 were reported under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
How Much Compensation Can You Claim For An Injury At Work?
If your compensation claim is successful, you could be awarded general and special damages. Both categories impact how much compensation you can claim for an injury at work.
General damages
General damages are awarded if your claim is successful. They are compensation for pain, suffering and loss of amenity as a result of the accident. This means that general damages can consider:
- The injury itself and any long-term ramifications such as a limp.
- Mental pain and anguish: Some wounds aren’t just skin deep. Memories can force you to relive the event.
- Lower quality of life: This applies to longstanding pain after an injury, for example.
Special damages
Special damages are compensation for the financial consequences of an injury at work. Areas considered in a special damage claim include:
- Medical expenses that the NHS couldn’t cover.
- Cost of care: gracious care from family can be reimbursed or costs of paid-for carers.
- Transportation costs: Any kind of travel used to get to and from the hospital, for example.
- Loss of income: You may have needed to take unpaid leave while you recovered, for example.
- Loss of earning capacity: The amount of money you could earn if not for your injury.
The amount you can be awarded for an individual claim depends on the claim itself. However, the Judicial College Guidelines (JCG) shed light on potential awards for injuries by creating compensation brackets based on personal injury claims that were settled at court.
| Injury. | Compensation Brackets. | Notes. |
|---|---|---|
| Paraplegia (b) | £205,580 to £266,740 | Level of award depends on the presence and extent of pain, independence, life expectancy, age and impact on sexual function. |
| Moderate Brain Damage (c)(ii) | £85,150 to £140,870 | Modest to moderate intellectual deficit. The ability to work is distinctly reduced with some risk of epilepsy. |
| Injuries affecting the eyes (h) | £3,710 to £8,200 | Minor injuries. Bracket consists of being struck in the eye and fume exposure, including smoke. Contact must initially cause pain or some temporary interference with vision. |
| Chest Injuries (d) | £11,820 to £16,860 | Single penetrating wound, some permanent damage to tissue but no significant long term effects on lung function. |
| Reproductive system (male) (a) (i) | In excess of £144,420 | Total loss of reproductive organs |
| Digestive system (a)(i) | £40,370 to £58,100 | Severe damage with continuing pain and discomfort. |
| Kidney (b) | Up to £60,050 | Significant risk of future urinary tract infection or other total loss of kidney function. Cases will have exceedingly high medical costs, made worse given the target area. |
| Bladder (b) | Up to £132,040 | Complete loss of function and control. |
| Spleen (a) | £19,510 to £24,680 | Loss of spleen with continuing risk of infection. |
| Hernia (b) | £6,580 to £8,550 | Direct with no prior weakness. Inguinal hernia with risk of recurrence after repair. |
It should be noted that the Judicial College Guidelines is not a guaranteed list of compensation amounts, but an indicator of potential compensation. Because most cases are settled outside of court, the figures provided may vary.
If you’d like our advisors to value your claim for free, why not get in touch? The can help you answer the qustion, ‘How much compensation can you claim for an injury at work?’
Examples Of Accidents In Workplaces
A number of factors can cause accidents irrespective of the workplace. The Health and Safety at Work etc. Act 1974 (HASAWA) was one legislative solution that helps prevent accidents by making your safety at work the responsibility of your employer, to an extent. Consequently, your employer owes you a duty of care.
However, as an employee, you should try to ensure your own health and safety as well as those around you, by not acting recklessly, for example.
The event of an employer’s breach of duty of care is an important factor that is considered when you make an accident at work claim. If your injury was caused by employer negligence, you could have a claim to make. Some ways employer negligence can occur include:
- Faulty Personal Protective Equipment (PPE): PPE is a vital tool in employee safety. It is also the responsibility of the employer to put in place the mechanisms of repair and procurement. Outdated or unfit equipment can endanger workers and the employer could be liable.
- Machinery: Your employer must ensure that any machinery used by employees is regularly maintained and tested, to ensure its operators are kept safe.
- Unclean Workspace: According to health and safety statistics, slips, trips and falls were the most common accident kind causing non-fatal injuries to employees in 202/21. Hazards like leaks, unsecure storage and cleaning services can cause accidents.
- Training. If necessary, your employer is responsible for your work training. You cannot operate vehicles or machinery without proper training as you could be a risk to yourself and others.
What Evidence Is Needed To Prove A Work Injury Claim?
In the aftermath of an injury caused by employer negligence, you may decide that you want to make a personal injury claim. To do so, you’d need to compile evidence of the accident to build a case. Consequently, you could:
- Seek medical attention: As well as getting the help you need from a medical professional, if you seek care from a GP or hospital, for example, you’d have a record of your injury. This could later be used for evidence.
- Photographs: If you are able, photograph the scene of the accident.
- CCTV: If your workplace has CCTV cameras or your accident was in view of one, you can request CCTV footage of your accident.
- Witness statements: Take the contact details of anyone that saw the accident first-hand. They could be contacted for a statement for use at a later date.
- Legal aid: If you think you could have grounds for a claim, seek legal counsel on what steps to take.
In order to make a claim, you need evidence to prove that your employer breached their duty of care, causing you injury. A lack of evidence can affect how much compensation you could claim for an injury at work.
How To Make A No Win No Fee Claim.
A No Win No Fee Claim is an agreement you may wish to make with a solicitor. Under such an agreement, you wouldn’t need to pay the solicitor’s fee upfront. You also wouldn’t have to pay it as the claim is ongoing.
Should your claim be successful, you would have to pay a ‘success fee’. However, success fees are capped by law to ensure you hold onto the majority of your compensation. Conversely, if your case is not successful, you will not have to pay the solicitor’s fee at all.
Our solicitors offer their services on a No Win No Fee basis. If you have a valid claim, our advisors could connect you.
Ask About Making An Injury At Work Claim
If you’d like to see if you can claim, why not get in touch? Our advisors are available 24/7 and you’ll be under no obligation to proceed with the services of our solicitors after calling.
To get in touch:
- Call us on the number at the top of the page
- Use the live chat on this page
Further Information: How Much Compensation Can You Claim For An Injury At Work?
- Statutory sick pay
- National cost of workplace injury
- What Is Be Reported Under RIDDOR
- Learn More About Injury At Work Claims Expert
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- How to Make a Successful Work Injury Claim
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Writer Ryan Williams
Publisher Ruth Victor