A Guide to Claiming Part-Time Worker Injury Compensation

This article sets out what you need to know about making a successful part-time work accident compensation claim.

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 sustained an injury:

  • within the last three years and,
  • another person was to blame.

However, there may be other considerations that mean you have a valid claim - even if the above points do not apply to you.

To get impartial advice on whether you have a claim, you can speak to a part-time worker injury claim expert on 0800 612 7456.

A brief phone consultation will tell you exactly where you stand. We will not put you under pressure to make a compensation claim.

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

What if the injury was diagnosed years after the event?

Typically, the dates of the injury and accident are the same. However, some injuries manifest themselves months or even years after the accident or exposure.

In this case, the clock starts ticking on the date of discovery (the date of diagnosis) of the injury rather than the date of the accident.

Read more

Check my claim online

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' Lliability 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' Lliability (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.

See a list of what you can claim for:

Examples of special damages include:

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

Find out what your claim could be worth now

Assessing a claim's value at the outset can be complicated.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

Calculate my injury claim

Caring and sensitive support

Your solicitor will handle your part-time worker injury case 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

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:

Call me back

  • Tick icon 100%
    No Win, No Fee
  • Tick icon FREE
    consultation
  • Tick icon No Obligation
    to start a claim

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 interim compensation payment?

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

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.

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.

Read more about this Quittance Legal Expert