This is a guide on claiming for a workplace injury that was reported in an accident at work book. It’s important to note that whilst it can be useful evidence, it is not essential to have recorded the accident in the workplace book in order to claim. There are certain criteria that must be met in order for you to be able to seek compensation. We will explore these further throughout our guide.
Can I Claim For An Injury Reported In An Accident At Work Book?
Your employer owes you a duty of care to keep you safe from harm in the workplace.
We will look at the responsibilities they have and the accidents that could occur should they fail to uphold their duty of care.
Moreover, we will explore the compensation that you could be owed and how it’s calculated.
Furthermore, this guide aims to provide information on hiring solicitors who have experience handling workplace accident claims and how their services might benefit you.
Please continue reading for more information. Alternatively, you can contact a member of our team directly. To get in touch:
- Call us on 0800 073 8805
- Speak with a member of our team via the live chat feature below
- Start your claim by sending an inquiry to our team.
Choose A Section
- A Guide To Using An Accident At Work Book
- When Should I Use An Accident At Work Book?
- Evidence That Could Help In A Work Injury Claim
- Potential Compensation Amounts From An Accident At Work Claim
- Can I Use Your No Win No Fee Accident At Work Solicitors?
- Learn More About Using An Accident At Work Book
A Guide To Using An Accident At Work Book
Employers and employees are required by law to record and report details of specified work-related injuries and incidents in an accident book at work. This applies to workplaces with more than ten employees. In keeping a record, it can help employers identify patterns of accidents and injuries so they can better assess the risks in the workplace.
Additionally, employers must report certain workplace injuries and accidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). For example:
- Certain deaths to workers or non-workers
- Certain specified injuries such as amputations
- Accidents that have resulted in the employee needing more than seven days off work.
Whilst there is a legal requirement for employees and employers to record accidents in the workplace book, it is not essential evidence needed to make a claim. To seek compensation, you would need to prove:
- Your employer owed you a duty of care
- They breached the duty of care they owed you
- You experienced harm as a result.
These are the three criteria of negligence.
If you would like more information on the work injury claim process, please get in touch with a member of our team.
When Should I Use An Accident At Work Book?
Employers owe their employees a duty of care. As such, they must take all reasonable steps to either remove the risks posed by known hazards completely or reduce the risk. This is outlined by the Health and Safety at Work etc. Act 1974.
As part of their duty of care they have different responsibilities that may vary depending on the workplace. Examples include:
- Risk assessing the work environment, machinery and other equipment
- Addressing any risks they find
- Providing employees with adequate training
- Providing personal protective equipment, where necessary
A failure to do so could lead to different types of workplace accidents. For example:
- You sit on a faulty office chair that your employer was aware of and it collapses. Subsequently, you fall and sustain a back injury at work.
- A spillage has not been cleaned or signposted on the factory floor. Consequently, you slip, trip or fall on a wet floor and endure a shoulder injury in a factory accident.
It’s important that any accidents and injuries that take place in a workplace with more than ten employees are recorded in the accident at work book. The record can be used as evidence to support your potential claim.
Not all accidents will form the basis of a valid claim either. You must demonstrate that an employer’s negligence caused you to sustain harm, either physically or psychologically.
To find out whether you could be eligible to seek compensation, get in touch on the number above.
Evidence That Could Help In A Work Injury Claim
There are several pieces of evidence that you could gather to support your case. Examples include:
- Medical records
- CCTV footage
- Photographs of your injuries and/or the scene of the accident
- A copy of the record in the accident at work book
In addition to collecting evidence, you should ensure you start your claim within the time limits set out. As per the Limitation Act 1980, you have 3 years to begin your claim from the date of the accident or the date you linked your injuries with negligence.
However, there are some exceptions to this time limit. To find out more about them, please get in touch with an advisor. They can provide free legal advice regarding your potential claim and assess it to see if it’s valid. If it is, they can connect you with a solicitor from our panel to represent your claim. Call on the number above to learn more.
Potential Compensation Amounts From An Accident At Work Claim
A settlement following a successful personal injury claim might comprise of two heads of claim. Firstly, you could receive general damages for any physical or psychological pain and suffering caused by your injuries.
We have drafted a table using figures from the Judicial College Guidelines (JCG), which is a document that legal professionals, such as accident at work solicitors, can use to aid them when valuing claims.
Despite these figures being based on previous court settlements, they should only be used as a guideline. This is because each claim is unique, and the settlement you may receive could differ.
| Injury | Guideline Compensation Bracket | Details |
|---|---|---|
| Brain Damage | £219,070 to £282,010 | (b) Moderately Severe: The injury will result in a very serious disability in conjunction with other issues. For example, they will be substantially dependent on others and need constant professional care. |
| Injuries Affecting Sight | In the region of £268,720 | (b) There is a complete loss of sight in both eyes. |
| Neck | In the region of £148,330 | (a) Severe (i): An injury connected with incomplete paraplegia or resulting in permanent spastic quadriparesis. |
| Leg | £96,250 to £135,920 | (b) Severe (i) The most serious of injuries that do not require amputation. |
| Foot | £83,960 to £109,650 | (b) One foot is amputated. |
| Back | £74,160 to £88,430 | (b) Moderate (i) Injuries in this bracket include a prolapsed intervertebral disc that needs surgery. |
| Pelvis and Hips | £61,910 to £78,400 | (a) Severe (ii): Injuries with distinguishing features such as fracture dislocation of the pelvis resulting in impotence. |
| Arm | £6,610 to £19,200 | (d) A simple forearm fracture. |
| Ankle | Up to £13,740 | (d) Modest: Injuries such as undisplaced fractures, sprains and injuries to the ligaments. |
| Shoulder | £7,890 to £12,770 | (c) Moderate: Frozen shoulder that limits movement and causes discomfort for around two years. |
You could also be awarded special damages. This head of claim seeks to reimburse you for any financial damages sustained due to your injuries.
For example, your injury may leave you unable to work for a prolonged period of time. In these cases, you could claim back the loss of earnings under special damages. Other costs you could seek reimbursement of might include:
- Medical expenses
- Care costs
- Travel expenses
It is important to keep a record of all monetary losses in order to be compensated for them.
One of our advisors might be able to provide a better insight into the compensation you could be owed. Please get in touch for more information.
Can I Use Your No Win No Fee Accident At Work Solicitors?
If you make a claim, one of our solicitors might cover you on a No Win No Fee basis.
Generally, they offer their services under a Conditional Fee Agreement (CFA) which means you don’t pay for the services your workplace injury solicitor provides in the event of an unsuccessful claim.
However, if your claim is successful, you will be required to pay a success fee that is capped by law. This will be taken from your compensation.
To learn more, you can get in touch with an advisor from our team. Our advisors are available 24 hours a day, 7 days a week, to offer free legal advice. If you have a valid claim, they could connect you with one of the solicitors from our panel.
They can also provide further guidance on claiming for injuries recorded in an accident at work book.
For more information, you can:
- Call us on 0800 073 8805
- Speak with a member of our team via the live chat feature below
- Start your claim by sending an inquiry to our team.
Learn More About Using An Accident At Work Book
We have included some additional resources that may be of use when looking to make a claim:
- GOV – Statutory Sick Pay
- NHS – First Aid
- GOV – Request CCTV Footage
Moreover, we have provided you with some of our own guides that might be beneficial:
- How to claim for an industrial injury
- Tips for making a needlestick injury at work claim
- Why is it important to report an accident at work?
Thank you for reading our guide on whether you can claim if you report your workplace injury in an accident at work book. For more information, get in touch using the details provided above.
Writer Beck Pill
Editor Meg Matthews