Industrial Accident Injury Compensation Claims
If your life, or the life of a loved one, has been affected by an industrial accident, we can help.
If your injuries were caused by your employer or a co-worker, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a work accident compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses. By law, your employer will have insurance to cover the cost of injury claims, and your compensation will be paid out of this policy.
We can help you make a work accident claim on a No Win No Fee basis.
In this article
The number of industrial accidents reported to the Health and Safety Executive (HSE) has been steadily declining over recent years, thanks to a greater emphasis on health and safety and better awareness of the types of injuries than can befall people in the workplace.
Despite this improvement, in 2019/20, the HSE recorded 65,000 industrial accidents that resulted in major injury or death. These figures do not include the incidents that caused only minor injuries, so it is likely that the actual number of industrial accidents is significantly higher.
Anyone who has suffered an industrial accident may be eligible to make a work accident claim for compensation against their employer.
Common types of industrial accident claims
Industrial accidents occur most frequently in industries that require heavy manual labour or use dangerous machinery such as mining, construction, agriculture and manufacturing. However, employees in any sector may be caught in an industrial accident.
Injury lawyers have assisted with a wide range of industrial accident claims, including:
- Manual and heavy lifting accidents which may cause deep muscle tissue damage, particularly back injuries and neck injuries. Employers should provide lifting equipment to reduce the likelihood of injuries together with safety training on proper lifting techniques.
- Dangerous machinery accidents which can cause cuts and lacerations, crush injuries and wounds from flying debris if the machinery is not fitted with appropriate safety guards. Training and safety advice is required if such equipment is used. Failure to provide adequate training may be evidence of an employer's negligence.
- Hazardous substances accidents which can cause chemical burns, skin irritations or respiratory illnesses if toxic chemicals are inhaled, ingested or splashed on the skin. Exposure to hazardous substances can even result in poisoning in extreme cases. Workers should receive safety goggles, breathing masks and other personal protective equipment when working with hazardous substances.
- Falls from height can cause broken bones and other major injuries. The Work at Height Regulations lay down guidelines for the safe use of ladders, scaffolding and platforms including when harnesses and automated hoisting equipment should be used.
- Accidents involving a forklift truck or other workplace vehicle such as a cherry-picker or a tractor. Seat belts and helmets should be worn where appropriate and workers should receive training on the safe operation of the vehicle.
This list is not exhaustive. Workers in any sector can claim compensation for an industrial accident whether they were working full-time, part-time, as a self-employed contractor or even if they were visiting a place of work at the time of the accident.
Is my employer liable?
Employers have a duty of care to their employees and must take all reasonable steps to reduce the risks present in the workplace.
As part of their duty, employers must abide by an extensive health and safety legislation, including:
- The Health and Safety at Work etc. Act 1974,
- The Management of Health and Safety at Work Regulations 1999,
- The Work at Height Regulations 2005,
- The Manual Handling Regulations 1992, and
- The Control of Substances Hazardous to Health Regulations 2002.
These pieces of legislation clearly define an employer's responsibilities to their employees. If an employer does not follow the legal guidelines and an employee suffers injury as a result, then the employee will be eligible to make a compensation claim.
Personal Protective Equipment at Work (Amendment) Regulations 2022
The Personal Protective Equipment at Work (Amendment) Regulations 2022 came into force on 6 April 2022.
This legislation means that employers have an obligation to provide free Personal Protective Equipment (PPE) to all workers, including workers who are self-employed or on a zero-hours contract.
Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.
If you are injured at work and your employer failed to provide you with suitable PPE, you may be entitled to claim compensation - even if you are self-employed.
Do I have an injury claim?
It should be possible to make an injury claim if you were injured:
- in the last 3 years and;
- someone else was to blame.
Even if these two points don't apply to you, you may still be able to make a claim.
To find out for sure, speak to a legally trained adviser on 0800 376 1001.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
What if the other party denies liability?
If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your industrial accident injury. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.
How does no win, no fee work?
Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.
No win, no fee - our guarantee
If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of making an injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning work accident claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open:
- 8am to 9pm weekdays
- 9am to 6pm on Saturday
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
Helen Goddard, Legal researcher
About the author
Helen is an award-winning legal researcher and author. She is an experienced court litigation report proofreader and has written extensively on legal matters.