If a part-time worker injury has set you back, we'll help you move forward
If your life, or the life of a loved one, has been affected by an injury at work, we can help. If your injuries were caused by your employer or a co-worker, you may be entitled to claim compensation.
You can make a work accident compensation claim with the help and support of a personal injury solicitor.
In this article
You are not alone
The latest data available from the Health and Safety Executive (HSE) indicates that there were over 561,000 non-fatal work injuries in 2022/23.
The HSE, "Part-time workers, particularly those working less than 16 hours per week have a higher chance of having a workplace injury".
Many people are unsure of their rights when they work part-time, or when they work on a temporary or casual basis. However, an employer owes a duty of care to all their employees, regardless of the worker's tenure.
If you have been injured in an accident in the workplace due to the negligence of another party, you have a right to claim compensation even if you work part-time or as a temp worker.
Do I qualify for part-time worker injury compensation?
If you've been injured or made ill in the last three years and it wasn't your fault, then you will be entitled to claim compensation for part-time worker injury.
Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
Can I claim if I feel I was partly to blame?
Identifying who is legally responsible for a claimant's injuries is not always obvious.
In our 2023 Work Injury Claimant Survey, 26.02% of injured workers felt they were at least partly responsible for their accident or injuries.
If you believe you were partly responsible, you may still have a claim. If you were injured at work, you can claim compensation from your employer under the principle of vicarious liability - even if you or another employee caused the accident.
How much compensation can I claim for a part-time worker injury?
The amount of money you could claim for your injury will depend on:
- the seriousness of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
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General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
If it can be proved that your injury left you unable to work, special damages can be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.
These damages will also cover the cost of any medical procedures you might need to treat or recover from your injury such as diagnostic imaging tests and physical therapy.
The psychological impact of work injuries
In addition to physical injuries, a work accident can inflict lasting psychological harm.
Our 2023 Work Injury Claimant Survey shows how prevalent psychological injuries are in the workplace. 25.03% of claimants report suffering a psychological injury, 62.38% of which were related to a physical injury.
These injuries can lead to concerns about job security and financial stability, increasing stress and anxiety.
The emotional toll of a work injury can greatly affect a claimant's physical recovery and their ability to return to work. Without access to the right advice and support, it can be difficult to overcome the fear of being stigmatised by a mental health issue.
Considering the potential for psychological harm following a traumatic incident at work is critical. Diagnosable psychiatric conditions, including PTSD, are recognised in the official guidelines for compensation awards, and it is appropriate to include the cost of mental health treatment and support when calculating your compensation.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
All employers have a duty to provide a safe working environment for all their employees and workers; this includes those on part-time, temporary and casual contracts, plus self-employed contractors working in the organisation.
Safety standards and training vary according to the workplace, but are essential in reducing or preventing workplace injuries.
Whatever their contracted hours of work may be all employees should be trained in the correct use of any equipment and be made aware of potential hazards. They should also be provided with any necessary protective clothing.
Providing suitable workstations and chairs and ensuring the workplace is kept is a safe and tidy condition is also important.
Employers' Liability Insurance
Despite all precautions, accidents in the workplace still happen. For this reason all employers and businesses are legally required to have employers' liability insurance.
Any claim for compensation for an injury sustained while at work is made on the employer's insurance policy.
Will the insurance always cover the claim?
When a claimant brings a claim against an organisation his employer passes the claim onto the insurance company who will investigate the accident and pay any compensation.
The insurer will only pay compensation if it is satisfied that the employer was responsible for the claimant's injuries.
If the insurer believes that the employer has failed to meet its legal responsibilities for the health and safety of its employees, the policy may enable the insurer to reclaim the cost of compensation from the employer.
In some instances workplace accidents may have been avoided by the employee, and claiming for compensation may not be possible.
What if the employer does not have insurance?
Any company requiring but not holding, employers' liability insurance, may be fined. This can be up to 2,500 for any day it is without suitable insurance.
Family businesses, where all the employees are closely related to the employer, are exempt from the Employers' Liability (Compulsory Insurance) Act (unless they are incorporated as a limited company).
Employers of domestic help (such as gardeners and cleaners) are not generally required to have liability insurance, as the employees usually work for more than one person.
Can I be sacked for making a personal injury claim?
Casual workers may be deterred from bringing a claim for fear of losing their jobs.
As well as a right to health and safety in the workplace, casual workers do have some of the same employment law rights as employees. Although they do not have the right to bring a case for unfair dismissal, it may be possible to bring a claim for discrimination if a claimant was dismissed from his job as a consequence of bringing a personal injury claim against his employer.
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 or a temp.
Employers' liability claims claims
Work accident claims are also known as employers' liability claims. Click on the icons below for more information:
How we can help you with your work accident claim
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.
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Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.