By Stephen Chambers. Last Updated 12th September 2024. Welcome to our guide on how to sue your employer. Have you been injured at work in an accident? Have you fallen victim to harassment in the workplace?
Whatever the circumstances of your work-related incident, you could be able to sue your employer providing that you can show that they could have prevented it but failed to do so.
In this article, we’ll help you understand how you could hold your employer liable for their negligence or behaviour.
We’ll present you with relevant employment laws that you should be aware of, provide examples of how your employer could be in breach of their duty of care and guide you through the process of how to make a claim for your suffering.
Whether you’re unsure if you have grounds to make a valid claim or you’d like to see how our panel of lawyers could help you get the compensation that you deserve, please don’t hesitate to get in touch with one of our specialist advisors today for a consultation.
We can offer you expert legal advice free of charge and even connect you with our panel who can handle your claim on a No Win No Fee basis, minimising the financial risk that many claimants face.
So, why not see how we could help you claim for your suffering today?
- Fill out one of our contact forms to have us give you a callback
- Use the live chat feature located at the bottom of your screen
- Call us on 0800 408 7827
Select a Section
- How To Sue Your Employer
- How Can Workplace Accidents Happen?
- What Should I Do If I’m Injured At Work?
- What Is The Average Payout For An Accident At Work?
- No Win No Fee Accident At Work Claims
- Extra Resources On How To Sue Your Employer
How To Sue Your Employer
Have you been injured at work in an accident? Have you fallen victim to harassment in the workplace? Whatever the circumstances of your work-related incident, you could be able to sue the company you work for as long as you can show that they’ve breached their duties to you.
In order to sue your employer, you must be able to meet the following criteria at a minimum:
- You were in employment for at least 2 years prior to the incident (employment law cases only)
- The incident was reported
- Your employer failed to take appropriate steps to resolve the situation (employment law cases)
- They breached their duty of care, which led to you suffering harm (personal injury cases)
What’s more, please bear in mind that certain time limits apply to claims. If you wait too long before commencing legal proceedings, you risk losing out on compensation that you may be otherwise entitled to.
For personal injury claims, they must be made within 3 years of the date of the incident or the date you acquired knowledge that your employer’s negligence was to blame for it.
The time limits in employment law claims are much tighter, lasting a matter of months, so we recommend getting in touch with our team as soon as possible.
What Is A Duty Of Care?
Under the Health and Safety at Work etc. Act 1974, employers have a moral, ethical and legal duty of care to their employees to uphold their welfare as much as reasonably possible.
If you’ve suffered as a result of your employer breaching their duty of care, then you could be entitled to sue them to hold them liable for their failings.
To learn more about how your employer could breach their duty of care, please refer to the next section for some examples. Alternatively, please get in touch with one of our specialist advisors today to see how our panel of lawyers could help you get the compensation that you deserve.
How Can Workplace Accidents Happen?
There are many ways that workplace accidents can happen. However, as we have already mentioned, you won’t be able to claim for any accident at work. In order to form the basis of a valid claim, you must be able to establish that your injuries were caused as a result of your employer breaching their duty of care.
Some examples of how workplace negligence could occur include:
- Falling from a height: If you are asked to work at a height in unsafe working conditions, such as on unstable scaffolding, this could result in a fall. Falls from scaffolding or rooves can cause serious injuries, such as brain damage and spinal injuries.
- Slips, trips, and falls: Employers should ensure that walkways are clear from obstructions and that clutter and debris are cleaned up in an appropriate timeframe. If they fail to do so, this could cause slips, trips, and falls, which can lead to broken bones.
- Lack of PPE: If you need personal protective equipment (PPE) to do your job safely, then your employer needs to provide it for free and in good working condition. If your employer knowingly provides you with inadequate PPE, and you are injured as a result, you may be able to make a claim.
The examples above are just a few ways that negligence could occur at work. To learn more about claiming for a health and safety breach in the workplace, contact our team of advisors today.
What Should I Do If I’m Injured At Work?
If you’ve been injured at work through no fault of your own, we advise you to follow these three simple steps to give yourself the best chances of securing the compensation that you deserve:
- Seek medical attention
- You should have your injury treated as soon as you can and ensure that the incident responsible for it is noted in your medical record.
- Make a record of the incident
- If you can, take photographs or videos of the scene and obtain contact details of any witnesses that could help you further evidence your claim. Be sure to log the accident in the workplace accident book too.
- Consider using a No Win No Fee personal injury lawyer
- Seeking legal support could help ensure that your claim has the best chances of success (please note that it isn’t a legal requirement to have a lawyer)
Whatever the circumstances of your work-related injury, if you weren’t at fault for it, then you could be able to sue your employer providing that they were negligent. Whether you’re unsure if you have grounds to make a valid claim or you’d like to see how our panel of personal injury lawyers could help you get the compensation that you deserve, please don’t hesitate to get in touch with one of our specialist advisors today.
In the meantime, please continue reading to learn how payouts for personal injury claims are calculated and how much compensation you could be entitled to for your suffering.
What Is The Average Payout For An Accident At Work?
Compensation for a typical personal injury claim is calculated according to two different categories of damage; general and special damages.
For any physical or psychological harm that you’ve experienced as a result of your injury, you could be able to claim general damages. This way, you could be compensated for things like the pain of your injury or the mental anguish that you’ve been caused.
Calculating General Damages With A Personal Injury Claim Calculator
As each accident at work is unique, each case must be treated as such. With this in mind, we advise against using online personal injury claims calculators for payout estimates, as their means of valuing payouts can be generalised and don’t consider the details of the claimant’s situation that could affect how much they’re actually entitled to.
If you’re wondering how much compensation you could be able to claim by deciding to sue your employer, please reach out to one of our specialist advisors today to receive a free consultation on your circumstances. If you have grounds to make a claim, we could connect you to our panel of personal injury lawyers for them to handle your case and maximise its chances of success.
In the meantime, it might help to familiarise yourself with some estimated payout figures from the Judicial College Guidelines. This organisation trains Britain’s judges and has put together some compensation brackets as guidance, such as:
| Injury | Award |
|---|---|
| Multiple Serious Injuries And Financial Losses | Up to £500,000+ |
| Head/Brain (moderately severe) | £267,340 to £344,150 |
| Back (severe) (i) | £111,150 to £196,450 |
| Back (moderate) (i) | £33,880 to £47,320 |
| Severe Foot Injuries | £51,220 to £85,460 |
| Very Severe Ankle Injuries (a) | £61,090 to £85,070 |
| Less Serious Leg Injuries (c) (i) | £21,920 to £33,880 |
| Post-Traumatic Stress Disorder (moderate) | £9,980 to £28,250 |
| Severe Toe Injuries (c) | £16,770 to £25,710 |
| Shoulder (moderate) | £9,630 to £15,580 |
Special Damages
In addition to general damages, you could also be able to claim special damages for any financial shortfall that you’ve subsequently experienced as a result of your injury. This could help restore you back to the financial position you were in before. Some examples of injury-related costs that could be recovered include:
- Medical costs
- Prescriptions, treatments and the like
- Travel costs
- Related to medical appointments
- Care costs
- Care from family and friends or professional care
- Loss of income
- Includes predicted loss of future income
If you’re interested in making a personal injury claim against your employer and would like legal help and support, please don’t hesitate to get in touch with one of our specialist advisors today.
To learn more about how our panel of personal injury lawyers could help you sue your employer and get the compensation that you deserve, please continue reading and see how you could get in touch.
No Win No Fee Accident At Work Claims
You may be asking “can I sue my employer with the help of a No Win No Fee solicitor?” If you have valid grounds to make a personal injury claim, then our team of advisors could connect you with a No Win No Fee solicitor on our panel.
Our solicitors can support a claim against your employer under a Conditional Fee Agreement (CFA). Claiming under a CFA usually means the following conditions apply:
- You won’t be required to pay your solicitor for their services before your claim has begun or while it’s being processed.
- If your claim doesn’t succeed, you still normally won’t need to pay your solicitor for their work.
- If the claim proves successful, then your solicitor will receive a success fee which means they’ll take a small percentage of your compensation. The success fee is legally capped to ensure you get to keep most of your compensation.
If you have any more questions about how to sue your employer with the help of a No Win No Fee solicitor, or about other parts of the claiming process, please contact our advisors today. To reach our team, you can:
- Fill out one of our contact forms to have us give you a callback
- Use our 24/7 live chat feature
- Or call us on 0800 408 7827
Extra Resources On How To Sue Your Employer
- What are my rights after being dismissed?
- Do I have any rights in taking sick leave?
- What are my rights after being discriminated against?
Check out more of our guides below:
Accidents At Work
- A guide to personal injury claims
- Broken ankle injury at work claims
- Broken cheekbone claims
- Explaining the personal injury claims process
- How to sue your employer for a broken forearm
- Broken foot injury at work
- Broken finger injury at work
- Compensation for a broken toe at work
- Compensation for a broken hip at work
- Broken thumb at work claims
- Compensation for a broken rib
- Broken ring finger injury at work
- How to sue a former employer for an injury
Thank you for reading our guide on how to sue your employer. We hope you’ve found it useful!