If you’re unable to return to work after injury, you may be interested in whether you could be entitled to make a claim. If you have proof of employer negligence causing your injuries, you may have grounds to make a work injury claim.
I’m Unable To Return To Work After An Injury While Working – When Can I Claim?
In this guide, we will explore what steps you may take in order to make a claim for compensation. This includes collecting evidence and adhering to the appropriate time limits for beginning a claim. Furthermore, you can read about how compensation is calculated in personal injury claims and the kinds of damages you could be awarded if your case is a success.
To learn about making a claim if you’re unable to return to work after an injury caused by negligence, continue with this guide. Alternatively, you can connect with our advisors for free by using the following details:
- Send us a message via the live chat
- Call us at 0800 073 8805
- Start your claim through our website
Browse Our Guide
- Can I Claim If I’m Unable To Return To Work After An Injury?
- How Could An Accident At The Workplace Be Caused By Employer Negligence?
- How Much Compensation Could You Receive If You’re Unable To Return To Work After An Injury?
- Evidence That Could Help You In A Work Injury Claim
- Our Solicitors Could Help You Claim For A Work Injury On A No Win No Fee Basis
- Learn More About Making A Claim For An Accident At Work
Can I Claim If I’m Unable To Return To Work After An Injury?
The Health and Safety at Work etc. Act 1974 states that employers must take reasonable and practicable steps to ensure the safety of their staff. This is an employer’s duty of care. For example, they might be expected to:
- Perform, and act on the results of, risk assessments. For example, a risk assessment might highlight that a trailing wire across a floor poses a trip hazard, meaning that this is secured to the wall as a result.
- Provide employees with training.
- Maintain work equipment, such as machinery.
In some cases, an accident in the workplace might temporarily prevent you from returning to work as you recover. In others, you might sustain a permanent injury that prevents you from returning to work at all. For example, if you are a tree surgeon and you lose the use of your legs in a workplace accident, then you might not be able to return to this job. This is the kind of serious injury that this guide will focus on.
If you would like to speak with someone about the process of claiming compensation if you’re unable to return to work after injury, speak with a member of our team today. You could be connected with a legal representative.
How Could An Accident At The Workplace Be Caused By Employer Negligence?
Below are some examples of how employer negligence could lead to a workplace accident:
- Your employer misses a maintenance check on a piece of lifting equipment in a factory. Because it’s not been maintained, it malfunctions, and you sustain a head injury that causes brain damage when you fall from a height in the subsequent factory accident.
- You’re instructed to operate heavy machinery without the training to operate it correctly, causing a forklift accident. This causes a serious back injury that results in paralysis.
- Your employer doesn’t provide you with Personal Protective Equipment (PPE), that you need to do your job safely. Without steel-toe boots in a warehouse, an object falls on your foot and crushes your toes, necessitating a partial foot amputation.
Is There A Time Limit When Making An Accident At Work Claim?
The Limitation Act 1980 states that claimants generally have three years from the date of the accident in which to start the claims process. Exceptions can apply for this time limit, however.
To learn more about the exceptions that can apply to the limitation period and whether they apply to your circumstances, contact our advisors today. If your case is valid, you could be connected with a No Win No Fee solicitor from our panel.
How Much Compensation Could You Receive If You’re Unable To Return To Work After An Injury?
If you’re unable to return to work after an injury, you can seek compensation that is made up of two heads. The first of these, general damages, relates to the pain, suffering and lost amenity that your injuries have caused you. This is always awarded in a successful personal injury claim.
Legal professionals can assign a value to general damages with the help of a publication called the Judicial College Guidelines (JCG). This is a set of guideline brackets that legal professionals use to assist them when valuing this head of a claim.
Below is a table with figures from the JCG. These should only be used as a guideline, however. They aren’t guaranteed, and the amount you actually receive will be based on several factors, including how you have been affected and the amount of time it will take you to recover.
Judicial College Guidelines
| Injury Type | Compensation | Notes |
|---|---|---|
| Very Severe Head Injury (a) | £282,010 to £403,990 | Little or no language function or evidence of meaningful interaction with environment. |
| Moderately Severe Head Injury (b) | £219,070 to £282,010 | Very serious disabilities are present, which could include physical disabilities such as limb paralysis or cognitive disabilities impairment of intellect. |
| Arm Amputation (a) | £240,790 to £300,000 | Both arms are lost. Someone who is fully aware of their condition is left considerably helpless. |
| Arm Amputation (b) (i) | No less than £137,160 | One arm is amputated at the shoulder. |
| Leg Amputation (a) (i) | £240,790 to £282,010 | Both legs are lost above the knee, or one below the knee and the other to a high point above it. The level of award depends on the severity of phantom pain, associated psychological problems and success of prosthetics. |
| Leg Amputation (a) (ii) | £150,110 to £219,070 | Both legs lost below the knee. Award will consider level of compensation, for example. |
| Severe Leg Injury (b) (i) | £96,250 to £135,920 | The most serious leg injuries short of amputation that are so severe that compensation is awarded at a similar level. |
| Severe Back Injury (a) (i) | £91,090 to £160,980 | The most severe cases cause a combination of severe pain and disability with incomplete paralysis and impaired bladder function. |
| Chest Injury (a) | £100,670 to £150,110 | Serious heart damage and/or the loss of one lung with a protracted period of pain and suffering. |
| Chest Injury (b) | £65,740 to £100,670 | Traumatic chest injuries cause physical disability with permanent damage and impaired lung function. |
Special Damages In A Serious Injury Claim
As well as general damages, you can also seek special damages if you’re unable to return to work after an injury. This includes any financial losses incurred as a result of the accident that caused your injuries, such as:
- Care costs
- Renovation costs, such as widening doorways for wheelchair access
- Loss of earnings, as well as future earnings
You should consider collecting evidence in support of your claim for special damages. This can be in the form of receipts, prescriptions and bank statements. Call our team today for free advice about your personal injury claim. You could be connected with a No Win No Fee lawyer from our panel if it’s valid.
Evidence That Could Help You In A Work Injury Claim
If you’re making a personal injury claim and were unable to return to work after injury, then you could use evidence in support of your claim. For example, you could provide:
- CCTV footage of the accident
- Contact details of witnesses so that they can be approached for a statement
- Medical evidence, such as copies of scans and hospital reports
- A copy of the report of the incident in the accident workbook
Contact our advisors for more information on gathering evidence in support of your claim. They will be happy to discuss this with you.
Our Solicitors Could Help You Claim For A Work Injury On A No Win No Fee Basis
A No Win No Fee agreement can allow you access to the services of a lawyer without paying upfront or ongoing fees. Our panel of work accident solicitors offer their services through a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). These agreements generally mean the following:
- No requirement to pay ongoing or upfront fees
- A legally capped percentage of your settlement award is deducted if you are awarded compensation by your lawyer; this is known as a success fee
- Not having to pay this fee to your lawyer if the claim is unsuccessful
If you’re interested in learning more about working with a No Win No Fee solicitor, contact our team today. If you do have a legitimate claim, you could be connected with a No Win No Fee solicitor from our panel.
- Call 0800 073 8805
- Start your claim online
- Use the live chat feature
Learn More About Making A Claim For An Accident At Work
We hope our guide looking at claiming if you were unable to return to work after an injury has been useful. If you have any further questions, use the following links to read more of our guides.
You can also see below for more useful external resources:
Writer Jess Arthur
Publisher Fern Strauss