Part-Time Worker Injury Compensation Claims
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.
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
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 status.
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 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.
Can I still claim if I didn't report the part-time worker injury?
If you did not report the accident it can make it more difficult to pursue a part-time worker injury claim, but a claim may still be possible. This will depend on the circumstances of your case and on the other evidence available.
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.
Employees aged under 18 years old
Anyone under 18 will need a parent or legal guardian to pursue the claim on their behalf.
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.
This calculation will factor in 'general damages' and 'special 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for an 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 an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Can I claim for an existing part-time worker injury that has got worse?
Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.
Can I get an interim payment?
Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.
Calculate my injury compensation
Calculating how much compensation you can claim for an 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 injury claim could be worth now:
How long does a part time worker injury claim take?
The length of time needed to secure compensation for a part time worker injury can vary significantly.
For example, if liability is accepted by your employer, a claim could be completed in a month or two. If liability is denied, the process might take considerably longer. On average a work accident claim takes between 6 and 9 months. See: How long will my claim take?
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and 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.
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.
No win, no fee, no risk
No win, no fee takes the risk out of making an injury claim. If your claim is unsuccessful, you won't have to pay your solicitor any legal fees.
No win, no fee - our guarantee
Our no win, no fee guarantee means there is zero financial risk in making an injury claim, even if you don't win your 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, 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 injury claim?
If your injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
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 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.
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.