Accidents at Work Claims Liverpool
Our team of expert Personal Injury Solicitors will help establish whether or not you have a valid claim, and the likely amount of compensation you might receive.
We will work with you and medical experts to assess the severity of your injuries and the impact that it has on your life to ensure that you receive the appropriate amount of compensation.
We have a wealth of experience in this area and have obtained substantial awards of compensation for clients who suffered injury as a result of an accident at work.
What are the types of accidents at work claims?
You can claim for any injury which you have sustained as a result of your employer’s negligence. Common examples include:
- Slips, trips and falls in the workplace
- Injuries through manual handling
- Falls from height
- Lifting heavy objects without adequate training
- Being hurt by defective machinery or working equipment
How to claim for an accident at work?
Our dedicated Personal Injury Solicitors can assist you if you wish to bring a claim for an injury at work. The claim must be brought within 3 years of the date of the injury.
How long does an employer’s liability claim take?
We usually estimate that a claim may take 12-18 months from the moment you instruct us, to receiving your compensation. However, many factors will affect how quickly the claim can settle. These include:
- Whether or not the Defendant accepts liability (fault) for the accident.
- How complex the injuries are, and whether you recover as quickly as anticipated by an independent medical expert.
- The value of the claim. Claims worth under £25,000 are dealt with differently than those valued above £25,000, as there are different procedures and policies in place. If your claim is valued at more than £25,000, it will most likely take longer to settle the claim.
- Whether court proceedings are necessary. Whilst as many as 95% of claims will settle before it reaches the doors of a court, if court proceedings are necessary in order to resolve the claim, it will of course mean that it will take longer as a result.
How long do you have to claim for an accident at work?
With very few exceptions, you will have 3 years from the accident date for your claim to be issued at Court. If you are under 18, you will have until your 21st birthday. If you are acting as the personal representative of a deceased’s estate, you have 3 years from the date of death.
I have moved job, can I still bring a claim?
Yes, your former employer owed you a duty of care to ensure your reasonable safety at work and this does not end if your employment is terminated (regardless of which party ends the employment relationship).
What is the process for claiming for an accident at work?
To be successful in an accident at work claim, you will have to:
- Identify the correct Defendant,
- Prove that your employer owed you a duty of care,
- Prove that your employer breached their duty of care towards you,
- Prove that your employer’s breach of duty caused your injury.
There is a process and timetable the parties are expected to follow for the exchange of relevant information in order to resolve their dispute amicably. However, if the dispute cannot be resolved amicably, court proceedings may be necessary.
How much can I claim for an accident at work?
Compensation is generally divided into two categories: General Damages and Special Damages. General Damages is compensation for your pain, suffering and loss of amenity and is entirely dependent on the severity of your injuries.
- General Damages are valued primarily using the Judicial College Guidelines and relevant case law, i.e. previous cases where a Judge has made an award for compensation based on a particular injury or injuries.
- Special Damages are out-of-pocket expenses which would not have been incurred ‘but-for’ the accident. Examples include (but are not limited to) loss of earnings, care and assistance provided by friends/family, medical expenses, travel expenses (to medical appointments), medication costs and damaged clothing/belongings.
It is worth remembering that the aim of compensation is to restore a person who has been harmed due to the negligence of another party to the position they would have been in had the negligence not occurred. In a Personal Injury claim, whilst no amount of money can undo the pain and suffering an individual has suffered, it is generally accepted that the more severe the injury is, the greater the compensation should be.
How do I show evidence an injury was my employer’s fault?
In order to bring a successful accident at work claim, you would need to be able to show that your employer has breached their duty of care and that this has caused you injury. Examples of potential breaches would be failing to ensure a safe working environment, and failing to provide appropriate training (e.g. manual handling) if your job requires it. This list is non-exhaustive, and if you believe your employer may be at fault for an injury you sustained at work, our solicitors will be able to assist in determining whether you have a valid claim for personal injury.
Will I get fired if I claim for an injury at work?
If your employer dismisses you for bringing a personal injury claim against them, this may amount to Unfair Dismissal. Equally, if they begin to treat you unfavourably because you have brought a claim, you may have grounds to bring a claim against them under Employment Law. We would suggest speaking with one of our Employment Law experts, should either of these situations arise.