A Guide to Claiming Part-Time Worker Injury Compensation

If your life, or the life of a loved one, has been affected by an injury at work we can help.

The purpose of this guide is to help anyone who has suffered an injury at work and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Introduction

Many people are unsure of their rights when they work part-time, or when they work on a temporary or casual basis in an organisation. This may deter them from bringing a claim if they are injured in an accident in the workplace.

Do I have a part-time worker injury claim?

It should be possible to make a part-time worker injury claim if you were injured:

  • in the last three 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 612 7456.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

You can also find out if you have a claim with our Online Claim Checker.

Employers' duty

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.

Employees aged under 18 years old

Anyone under 18 will need a parent or legal guardian to pursue the claim on their behalf.

How much compensation can I claim for a part-time worker injury?

The amount of money you could claim for your part-time worker injury will depend on:

  • the extent 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 part-time worker injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

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.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a part-time worker injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for a part-time worker injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a part-time worker injury will depend entirely on your specific circumstances.

Your part-time worker injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

See the injury table above for some examples.

Should I set up a personal injury trust?

If you are receiving means-tested benefits and are awarded compensation following a part-time worker injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

Can I see the complete judicial college tables?

The table above (excerpted from the Judicial College Tables) shows the most common part-time worker injury claims. To see the complete list see: Judicial College Injury Tables.

Part-time worker injury compensation calculator

Calculating how much compensation you can claim for a part-time worker injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your part-time worker injury claim could be worth now:

Calculate compensation

How long do I have to make a part-time worker injury claim?

In general, you have a time limit of up to 3 years from the date of the part-time worker injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your part-time worker injury claim becomes 'statute barred'.

Can I claim for a part-time worker 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 612 7456 to find out if you are still able to claim part-time worker injury compensation.

In reality, there are a number of factors that can affect whether a part-time worker injury claim will be taken on by a solicitor.

Will I still be able to claim for a part-time worker injury after the law changes in April 2020?

The law relating to personal injury claims is changing in April 2020.

You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).

In addition, compensation for whiplash and other soft-tissue injuries will be reduced.

Caring and sensitive support

Your solicitor will handle your part-time worker injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

No win, no fee, no risk

No win, no fee takes the risk out of making a part-time worker injury claim. If your claim is unsuccessful, you won't have to pay your solicitor any legal fees.

Our no win, no fee promise

Our no win, no fee guarantee means there is zero financial risk in making a part-time worker injury claim, even if you don't win your claim.

What do I pay if I win my part-time worker injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my part-time worker injury claim?

If your part-time worker injury claim is not successful then you do not have to pay any legal fees at all.

Read more about No win, no fee

Is there a penalty if I withdraw?

Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

How can Quittance help?

Our highly experienced panel of solicitors have an excellent track record of winning work accident claims. Your solicitor will fight for the best possible compensation settlement for you.

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, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Part-time worker injury FAQ's

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.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

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.

Read more about claiming compensation if you were partly responsible for an accident.

How long will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s solicitor panel are settled out of court.

Only a very small percentage (approx. 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 held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert