Accidents at Work Claims

Being injured at work can have a huge impact on you and your family. As well as living with the pain and other physical consequences of your injury, you may also find yourself dealing with medical fees and other costs, as well as possibly being unable to work. These issues might be short lived or they could be with you for the rest of your life.

If your accident was someone else’s fault, you may be owed accident at work compensation. This can help to fund the best possible support for your recovery, as well as replacing lost income and going some way toward making amends for what you have suffered.

Get expert help to make an accident at work claim

WSP Solicitors expert Personal Injury Claims team are highly experienced in pursing accident at work claims for a wide range of clients. We can help you find out if you may be owed compensation, then take decisive action to get you the money you are owed.

Your claim will be run by one of our qualified personal injury lawyers, Demelza Pallant, Lisa Walton or John Davies. They each have over 10 years’ experience in the industry, so you are guaranteed to get someone working for you who is qualified and able to provide you with the very best legal advice.

We have a strong track record of success, regularly securing substantial workplace injury compensation for our clients. With accreditation from APIL – The Association of Personal Injury Lawyers, you can be assured we have the expertise to handle your claim effectively.

Take advantage of our no win no fee accident at work claim funding

We offer no win, no fee funding for accident at work claims, so there is no upfront cost or financial risk to you when pursuing a claim with WSP Solicitors.

Alternative funding options, such as trade union funding and legal expenses insurance may also be available depending on your situation.

Find out more about funding your personal injury claim.

Have a free initial consultation with our accident at work solicitors

We know that the thought of taking legal action can be intimidating and confusing, especially when dealing with the consequences of an injury. That’s why we offer a free initial consultation with our team, so you can ask any questions you may have and find out if you may be able to claim before deciding whether to take action.

Request a free initial consultation with our accident at work lawyers using our simple enquiry form.

Looking for a quick answer to an accident at work question?

Take a look at our personal injury claims FAQs or feel free to ask us what you want to know and we’ll get back to you promptly.

Confused by any terminology you’ve heard? Check out our personal injury claims jargon guide for clear explanations of all the key terms.

Book your free consultation with our expert accident at work solicitors

To book your free initial consultation with our accident at work claims team, please contact your local WSP Solicitors office in Gloucester, Stroud or Dursley, or use our simple enquiry form and we’ll get back to you promptly.

Types of workplace accident claims we can assist with

Our expert accident at work lawyers can advise on all types of work injury claims, including:

• Workplace slip, trip & fall claims
• Manual handling injury claims
• Head injury at work claims
• Back injury at work claims
• Neck injury at work claims
• Workplace burn injury claims
• Fall from height at work claims
• Workplace falling object claims
• Industrial accident claims
• White finger claims
• Chemical burns at work claims
• Work machinery injury claims
• Warehouse accident claims
• Factory accident claims
• Forklift accident claims
• Construction site accident claims
• Farm accident claims
• Defective work equipment claims
• Restaurant accident claims
• Compensation for people assaulted at work by a service user

To find out more about our specific expertise in the type of claim you need assistance with, please get in touch.

How accident at work claims work

Finding out if you are owed accident at work compensation

The first step is to find out whether you may be owed compensation for an accident at work. This is something we can cover for you in your free initial consultation with our team.

Generally, we will need to show that:

• You were owed a duty of care by an employer to protect you from harm
• They failed in this duty of care leading to your injuries

Our accident at work solicitors can provide clear advice on whether your accident is likely to qualify for compensation, then take care of gathering the necessary evidence for you.

Gathering evidence to support your workplace injury claims

Once we agree to take on your workplace accident claim, we will start the process of gathering evidence to support your case.

Types of evidence we will typically rely on include:

• Your testimony about what happened
• Testimony from other eyewitnesses (such as co-workers)
• Your workplace accident book
• Proof of any policies or procedures your employer had in place to prevent workplace injuries
• Examination by independent medical experts to confirm the nature and extent of your injuries
• CCTV footage and any other documentary evidence of your injury

Our workplace injury lawyers will ensure all necessary evidence is brought together and presented effectively, with no detail overlooked. You can then be confident your claim will be as strong as possible.

Working out how much work accident compensation you can claim

A key part of the claims process is, of course, working out exactly what level of damages you are owed for a workplace injury. This is referred to as ‘assessing quantum of damages’ or ‘assessing quantum’.

Exactly what you can claim will depend on how bad your injuries are and their impact (both financial and non-financial) on your life. These damages fall into two main categories:

General damages – For non-financial losses, such as pain and suffering, losing the ability to carry out normal activities (known as ‘loss of amenity’) and reduced quality of life.

Special damages – For specific financial loses, such as medical fees, rehabilitation costs, care fees, lost income and reduced future earning capacity.

For more information on what you can claim for an accident at work, please take a look at our personal injury claims FAQs.

Seeking an out-of-court settlement for your accident at work claim

The overwhelming majority of workplace injury claims our team take on are settled out of court. This allows us to get compensation faster and with lower legal costs for our clients, while still ensuring we get the maximum available compensation to meet our clients’ needs.

Avoiding court proceedings also makes the claims process much less stressful for claimants, removing the uncertainty of a court, where a claim can go either way, as well as the need for you to appear at a formal hearing.

An out of court settlement can also help to keep a more positive relationship with an employer or former employer by keeping the details of a workplace injury claim private.

Taking a workplace accident claim to court

In the unlikely event that we cannot reach a settlement for your accident at work claim, court proceedings may be needed to get you fair compensation.

If this happens, we will work closely with you to build your case and provide close personal support through every stage of the process. We will also ensure you have the very best representation for any hearings that take place to give you the best chance of a positive outcome.

Common questions about accident at work claims

Is there a time limit for accident at work claims?

Yes, you normally have three years from the date of your injury to claim workplace accident compensation. However, there are exceptions to this time limit that can give you longer to claim, including where:

• You only later realise that you were injured and/or that someone else was to blame
• You were under 18 at the time your workplace injury occurred
• You need to claim on behalf of someone left without the mental capacity to claim themselves (e.g. due to a workplace brain injury)
• You need to claim on behalf of someone who died in a fatal workplace accident

For a more in-depth explanation of personal injury claim time limits and the various exceptions, please take a look at our personal injury claims FAQs.

Can I claim work injury compensation for an accident that was partly my fault?

Yes, as long as someone else was at least partly to blame for the injuries you suffered, then you should still be able to claim.

How much compensation you can receive will depend on what percentage of the responsibility for your accident you and any other parties are determined to have. For example, if you and your employer are found to have been equally at fault (a 50:50 split of the blame) then you would be able to claim half of the compensation you would have been entitled to if your employer was wholly responsible.

For a more in-depth explanation of claiming compensation where you were partially at fault, please take a look at our personal injury claims FAQs.

How long does a workplace accident claim take?

This will depend on the situation – in general, if your claim can be settled out of court it will make things much faster. Typically, workplace injury claims take anywhere from a few months to upwards of two years to resolve, but we will always work proactively to get you compensation as swiftly as possible.

If you are in immediate need of funds to cover medical costs, replace lost income or meet other essential costs, we may be able to secure interim payments while your claim is still ongoing if the defendant is willing to accept liability.

Can I claim compensation for someone who died in a fatal workplace accident?

Yes, if someone you were dependent upon died in an accident at work, you may be able to claim compensation. You will usually have three years to do so from the date of death.

Fatal workplace injury compensation can cover costs such as:

• Funeral costs
• Medical expenses
• Loss of the deceased’s income
• Loss of financial benefits (such as pension income)
• Loss of non-financial benefits (e.g. if the deceased was your carer)

Find out more about making a fatal accident claim.

Can I be fired for making an accident at work claim?

No, this would count as unfair dismissal and you would be entitled to make a separate employment claim against your employer for this. This is also the case if you were let go from your job following a workplace accident that was not your fault.

If you believe you were unfairly dismissed in relation to an accident at work, we can refer you to an expert employment lawyer who can advise you on your rights.

Can I claim workplace injury compensation from an employer who has gone out of business?

Yes, even if the employer responsible for your injury has ceased trading, you should still be able to claim if you are entitled to compensation. This is because the claim is normally made against the employer’s insurers, who will almost always still be in business. So, as long as your employer had proper insurance, you will likely still be able to claim.

Will claiming accident at work compensation affect my means-tested benefits?

In theory, receiving accident at work compensation could affect your right to means-tested benefits due to the change in your financial circumstances. However, this can usually be avoided by placing your compensation into a Personal Injury Trust which ring-fences the funds, meaning they will not be counted for means-testing.

Setting up a Personal Injury Trust is something our expert trust lawyers can assist with.

Didn’t find the answer you were looking for?

Take a look at our personal injury claims FAQs or feel free to ask us what you want to know and we’ll get back to you promptly.

Book your free consultation with our expert accident at work solicitors

To book your free initial consultation with our accident at work claims team, please contact your local WSP Solicitors office in Gloucester, Stroud or Dursley, or use our simple enquiry form and we’ll get back to you promptly.