Frequently Asked Questions About Accident At Work Claims

On this page, you can find our FAQ on accident at work claims.

We’ve tried to cover as many questions as possible, but if you can’t find the answer you need, do not worry. Get in touch with us using the number at the top of this page, via our live chat box, or by writing to us with your question here.

What Is Classed As An Accident At Work?

An accident at work can be defined as an incident while conducting your usual work activities in which you suffer an injury. This could be a trip and fall over a loose wire in an office, or it could involve a collision with a forklift truck.

In some cases, it’s possible to claim for workplace accidents that happen outside of your employer’s premises. For example, if you’re a delivery driver and get injured while unloading supermarket cages that have been stacked top-heavy.

An accident at work could happen because of the fault of your employer, such as them not conducting risk assessments in accordance with the Health and Safety at Work etc. Act 1974. It could also be caused by colleagues or it could be caused by your own actions.

an unconscious man injured after an accident at work with his colleagues trying to help

If I Have An Accident At Work What Should I Do?

If you have an accident at work, here’s some advice on what to do:

  1. If you’ve suffered an injury, it’s vital you get medical treatment. This could be from an on-site first aider, or you may have to visit your local hospital or walk-in centre.
  2. Once you’re able, report the accident to your manager or supervisor and request it be recorded in the work accident report book.
  3. If you believe the accident happened through no fault of your own, you may want to make an accident at work claim. If so, you should gather evidence. This could include photographs showing the cause of the accident (such as defective machinery), or the details of witnesses who saw what happened and are prepared to support you
  4. If a compensation claim is the direction you’d like to take, speak with a solicitor specialising in these types of claims. If you’d like support finding the best No WIn No Fee solicitor for your case, get in touch with us at HowToSue.co.uk. We work with some of the most experienced and knowledgeable solicitors in the country.

Is There A Time Limit To Make An Accident At Work Claim?

To make an accident at work claim, you must take legal action within the statutory time limit. This is set out in the Limitation Act 1980.

The Act states that from the date of the accident you have just 3 years to begin court proceedings. So if you suffered an injury at work on 11th January 2024, you’ll have until 11th January 2027.

For those under the age of 18, the time limit is frozen until you turn 18. This is because a person cannot legally represent themselves until they reach this age. You would have until your 21st birthday to take action.

However, an appointed representative known as a litigation friend can take action on your behalf before your 18th birthday.

What Is The Injury At Work Claims Process Like?

Here’s a brief idea of what the injury at work claims process involves:

  1. Once you have instructed a solicitor, they will proceed to investigate your claim. They’ll gather any available evidence and determine what happened so that allegations can be made to the defendant, in this case, your employer.
  2. The claim will then be submitted to the defendant. They have some time to investigate the case and then are expected to provide a stance on their liability.
  3. It’s not uncommon for the defendants to ask for further information about the case, so your accident at work solicitor may revert to you for further information.
  4. Your solicitor will also look to arrange for you to be examined by an independent medical expert. The purpose of this is to obtain evidence that proves your injuries were caused by the accident. It’s also useful in working out how severe your injuries are and how long they’ll take to heal. Using this information, your solicitor can place a value on your claim.
  5. Armed with this evidence, your solicitor will seek to negotiate a fair settlement in your case. They cannot settle it without your consent.

In some cases, the defendant may dispute liability, but your solicitor will guide you through this too.

How Long Does An Accident At Work Claim Take?

There is no set time for how long an accident at work claim may take. Much depends on the individual case.

For example, if the injuries are minor, heal quickly, and the defendant admits liability, a claim could resolve in around 12 months.

If the injuries suffered are still healing, the claim may take longer.

The claim may also take longer if the defendant disputes or denies liability.

Your solicitor should keep you well-informed through the claims process, so you’ll be aware of what timescales to expect.

If you have a question not covered by this FAQ on accident at work claims, please get in touch.