Work Accident Claims Scotland
Every workplace, in every industry, should have specific health and safety procedures in place to deal with the situation where somebody is injured as a result of an accident at work. This is important for the protection of both employers and employees.
Free Legal Justice has a full team of work accident claims solicitors in Scotland are experienced in guiding injured employees get through various work accident claims. The Free Legal Justice team has a wealth of experience in dealing with all types of work accident claimants, and we know that it is a stressful and traumatic experience for everyone involved.
What Is An Accident At Work?
Generally, an accident at work is an accidental but anticipatable incident that happens at a place of work, because of the conditions of the site or premises, because of the way in which a job is being done, or because of how certain equipment is being used. As a result of this, an accident happens and someone (usually an employee) is injured at the place of work. An accident at work claim is then the process where the employee, who was the victim of the accident at work, makes a claim for financial compensation against the person that is legally responsible for their injuries. Our expert accident at work claims solicitors in Scotland have successfully proven the negligence of hundreds of employers in claims of this type, resulting in rightful financial compensation and justice for many satisfied Free Legal Justice clients.
What Should I Do If I Have Been Injured In A Work Accident?
In the shock of a work accident, it can be difficult to remember what procedures to follow and what to do to make sure the situation is dealt with properly. Sometimes the injuries caused are so serious that the most important thing initially is to seek emergency medical attention. In the rush and hysteria, this might make it difficult for victims to collect evidence and details about the accident for use in a compensation claim at a later stage.
When you have been involved in a work accident, you should try, to whatever extent possible, to take the following steps to deal with the situation:
Fill in the work accident report book
After a work accident occurs, you should record the details of your injury (e.g. time, place, your contact details and a description) in the official work accident book in your own words. If possible, we recommend that you get a copy of the page with your accident report on it, as it will be used in your work accident claim.
Obtain CCTV footage of the work accident
Depending on where the work accident happened, your employer may have CCTV camera footage available that was recording at the time that the accident happened. It is a good idea to request a copy of any footage of the work accident, as this will be helpful in proving how and why the incident happened, as well as who caused the accident.
Collect witness accounts
Unless you work remotely, it’s likely that one of your colleagues will have seen your work accident occurring. It might be helpful to your work accident claim if you can obtain witness statements from these individuals as proof of what happened.
If you are able to, it is a good idea to take photographs of whatever caused your work accident, as well of the injuries you have suffered as a result of the accident. You can also make notes about your accident as soon as possible – you can even include drawings if they’ll help show what happened.
Who Do I Make An Accident At Work Claim Against?
Your employer will be ultimately responsible for any harm that you suffer at the workplace as a result of someone else’s negligence or actions. Even if your accident was caused by the actions of another employee or negligence of one of your co-workers, at the end of the day it is your employer that is responsible for keeping you from harm in the workplace. This means that you don’t need to be worry about a colleague having to pay out of their own money for an accident at work claim, even if it was actually their negligence that caused the incident. This principle is called vicarious liability and makes that employers are liable for the actions of their employees.
If you are concerned about the financial implications that an accident at work claim may have on your employer, or about the status of your employment relationship if you do proceed with a claim against your company, you need not worry any longer. Your employer will have sufficient liability insurance to cover successful accident at work claims made against them. Every employer is legally required to take out this employers’ liability insurance, to make sure that they can pay compensation for any accidents at work that result in illness or injury of an employee, without it affecting the firm financially.
What Needs To Be Proven In Accident At Work Claims?
In most cases, employees wanting to institute accident at work claims must be able to prove that their employer failed to take reasonable steps necessary to ensure their safety in the workplace, which makes them responsible for the accident, and ultimately liable for injuries caused as a result of the accident.
If an accident at work happens and you are injured as a direct result thereof, it is important to complete the workplace accident report in your own words, as far as possible. The record book will be used in your accident at work claim and is important evidence of what happened, why and how it happened. If possible, you or a trusted manager should take photographs of the scene and ask for the names and home addresses of witnesses to your accident at work. Make sure to get medical assistance as soon as possible and keep a record of any doctors that you have visited and treatments that you have received for your injuries. These receipts and reports will be used in a compensation claim for all of your injury-related expenses.
For professional, no obligation advice about what needs to be proved to make a successful accident at work claim, simply fill out our short online form and we will call you back for free, or call Free Legal Justice in Scotland today on 0800 567 7074 or 0121 565 4317 to speak to one of our friendly team members. No matter what type of accident at work you were involved in or how the injuries were caused, we want to help you get the maximum compensation that you deserve.
What Will Happen To My Job If I Make An Accident At Work Claim?
Many employees feel anxious about instituting a compensation claim against their employer. You might have a strong sense of loyalty towards your boss, or you might be worried that if you make a claim against your employer you will be treated differently and your employment relationship might change.
These apprehensions are understandable, but they should not concern you. Making a claim against your employer can be daunting, but there are laws in place to protect you from being unfairly dismissed or treated differently, such as the Employment Rights Act 1996. By law, all employers in England and Wales need to have employer’s liability insurance in place. When you make a work accident claim against an employer, the insurance company takes over the claim and deals with the case, paying any costs involved such as legal fees and your compensation settlement. On another note, by making a claim for the injuries you have sustained in a work accident, you also might reduce the likelihood of another employee being injured in the same way, as your employer will likely make health and safety upgrades and reviews to avoid the same thing happening again.
Your employment status should not be affected by making a work accident claim. If, because you made the work accident claim, your employer has terminated your contract of employment, you would likely have a case for unfair dismissal and we will help you to deal with this. Put simply, it’s illegal for your boss to fire you or discipline you for making a work accident claim against the company. In the unlikely event that you do lose your job, or you are threatened with losing your job because you have made a claim against the company, speak to one of our expert solicitors in Scotland immediately. If this is the case, you will be able to take legal action against your employer in addition to the work accident claim.
On the other hand, if the injuries you have suffered because of the work accident result in you being unfit or unable to fulfil the requirements of your current job, meaning that you have to find a new job or start a new career, we can also make a claim for the loss of earnings sustained due to these circumstances.
If you feel you are being treated differently because you are pursuing a legitimate work accident claim, speak to our panel of work accident solicitors in Scotland immediately. It could be a breach of your employment rights. You have a legal right to fair and just compensation for the injuries you have suffered in the work accident. Your employer cannot take it personally that you are exercising your basic rights.
How Much Compensation Can I Claim For The Physical Injuries I Have Suffered?
As with any personal injury claim, the amount of compensation that will be awarded for injuries sustained in a work accident claim will vary from one to the next, and will depend completely on factors such as the severity of the victim’s injuries, the length of time needed to recover from injuries, and any complicating factors surrounding the injuries. Free Legal Justice has been handling all sorts of work accident claims for many years. We are aware of the general compensation amounts awarded for different types and severities of injuries. Your appointed work accident claim solicitor in Scotland will be able to give you an estimated value of your compensation claim once they have been through the details of your accident and medical report.
We set out a general guideline of amounts that have been awarded as compensation for various levels of physical injuries in the table below.
|Compensation Amounts For Personal Injuries Sustained In Work Accident Claims|
|Severity of Injury||Detail of Injury||Examples of Average Compensation Awarded|
|Extremely severe||Victims are unresponsive as a result of severe brain damage and may be in a vegetative state||Between £240 000 and £345 000|
|Moderately severe||Severe disability due to brain damage, loss of feeling in limbs, personality change and/or a mental disability||Between £180 000 and £240 000|
|Moderate||Memory impacted; reduced ability to work; can include change in personality and increased risk of epilepsy||Between £36 000 and £185 000|
|Mild||Minimal or no brain damage but might still have long term effects||Between £13 000 and £36 000|
|Extremely severe||Facial disfigurement; severe scarring or burns||Between £25 400 and £83 000|
|Moderate to severe||Simple fractures to multiple fractures and breaks in the facial area||Between £7 500 and £41 000|
|Mild||Less severe scarring to minor scars||Between £1400 and £11 700|
|The most severe||Completely blind and deaf||Around £340 000|
|Extremely severe||Partial to substantial loss of sight in one or both eyes||Between £45 000 and £230 000|
|Moderately severe||Restricted vision or loss of sight in one eye||Between £7700 and £46 000|
|Mild||Temporary loss of vision due to smoke, liquids or other substances; Struck/hit in the eye||Between £1800 and £7500|
|Temporary||Full recovery takes a few weeks||Between £1800 and £3300|
|Severe||Severe/multiple fractures to the nose resulting in permanent damage||Between £9000 and £19500|
|Severely Moderate||Severe injuries capable of recovery after surgery||Between £3370 and £4350|
|Moderate||Injuries not requiring surgery||Between £2000 and £26990|
|Mild||Simple non-displaced fractures with full recovery||Between £1400 and £2160|
|Extremely severe||Complete loss of hearing||Between £77 000 and £93 000|
|Moderately severe||Complete hearing loss in one of the ears||Between £26000 and £38 000|
|Mild||Hearing loss in one or both ears; tinnitus||Up to £38 800|
|Severe||Paralysis, limb numbness, restriction in movement because of the injury in the neck and shoulder||Between £10 500 and £42 000|
|Moderate||Semi-permanent damage; damage that restricts movement in arm and elbow||Between £6 700 and £10 800|
|Mild||Damage to soft tissue that should recover within the year or slightly longer||Up to £6 700|
|Severe||Severe injury to the upper or lower back; paralysis or any relating issues to organs in the lower parts of the body||Between £33 000 and £137 000|
|Moderate.||Covering a wide range of back injuries such as compression of the lumbar vertebrae, ligament or soft tissue damage, any constant pain and/or any discomfort||Between £10 500 and £33 000|
|Mild||Strains and sprains, soft tissue injuries, a slipped disc, muscle pain||Up to £10 670|
|Extremely severe||Amputation of both arms, the amputation of a single arm, or partial amputation of one or both arms||Between £82 000 and £255 900|
|Severe||For major restriction and disability present in one or both the arms||Between £33 400 and £111 600|
|Less severe||Restriction in movement and/or disability in the arms with substantial recovery||Between £16 000 and £33 400|
|Simple||Between £5200 and £15 000|
|Extremely severe||Amputation of one or both hands; loss of use of hands||Between £120 000 and £171 900|
|Very severe||Total or effective loss of one hand from crushing and then amputation; partial amputation||Between £52800 and £77 400|
|Moderately severe||Finger amputations, crush injuries to the hand, penetrating wounds, deep lacerations||Between £24 700 and £52 800|
|Less severe||Crushing injuries leaving some impaired function||Between £12 340 and £24 700|
|Extremely severe||Amputation of one or both legs (full or partial amputation)||Between £83 500 and £240 500|
|Moderately severe||Injuries to the leg which has caused lifelong restriction in movement and disability||Between £23 600 and £82 100|
|Less severe||From simple leg fractures, breaks or soft tissue damage which has affected the muscle to leg fractures with an incomplete recovery||Up to £23 600|
|Severe||Disability because of a knee injury, major damage to muscles, muscle wastage and soft tissue damage. Disability because of a knee injury, major damage to muscles, muscle wastage and soft tissue damage||Between £22 300 and £82 000|
|Moderate||Minor disability because of the knee injury, damage to the muscle, cartilage, soft tissue, that causes pain and suffering||Up to £22 300|
|Extremely severe||The most severe ankle injuries that may cause deformity, degeneration of joints, and potentially amputation||Between £42 500 and £59 400|
|Moderately severe||Fractures, extensive treatment, disability because of ankle injury||Between £11 700 and £42 700|
|Mild||Ankle fractures, ankle sprains||Up to £11 730|
|Extremely severe||Amputation of one or both feet||Between £71 600 and £171 900|
|Moderately severe||Severe injury to one or both feet that causes restriction, fractures or disability||Between £11 700 and £59 700|
|Mild||Covering injury to a foot with high chance of recovery||Up to £11 700|
Your designated work accident claims solicitor in Scotland will be able to give you an estimate of how much compensation you can claim, once you have provided us with the details and medical reports concerning the injuries that you suffered. The different amounts of compensation mentioned in the table above are to be used as a broad guideline to compensation only, and must not be seen in any way to be fixed compensation amounts available to victims of work accidents. Free Legal Justice assesses the value of all potential work accident claims in completely free, confidential consultations once clients have provided one of our claims handlers with the details of their accident.
Frequently Asked Questions
What Happens If I Was Partly To Blame For The Work Accident?
If you have been injured in a work accident that you played a role in causing, you won’t be disqualified from making a work accident claim. If you are found to have contributed to the injuries you have suffered, then your compensation may be reduced by your portion of the blame. Some people worry that they cannot make a work accident claim because they agreed to do something, such as lift a heavy load or use a machine without proper safety or training, and this caused or contributed to their work accident injury. This is simply not the case, and you should make contact with an expert from Free Legal Justice as soon as possible to discuss with you how and when you can make a work accident claim based on the facts of your case. Contact the work accident claims team in Scotland now by filling out the short online form and waiting for us to call you back for free, or by calling one of our friendly accident claims handlers on 0800 567 7074 or 0121 565 4317. If you would like to discuss your case from the comfort of your own home, please request a complimentary home visit from one of our friendly claim handlers, so that you can start your work accident claim as soon as possible.
Can I Get Paid If I Can’t Work Because Of My Injuries?
Have a look at your contract of employment. Your contract will set out whether you can get ‘contractual sick pay’ from your employer, and whether you have access to an employee assistance helpline or specific medical care. If you can’t find your employment contract or it is silent on these aspects, speak to your manager right away, check the staff handbook or speak to someone in human resources. If you’re an employee or agency worker you might get Statutory Sick Pay for up to 28 weeks. If you can’t get Statutory Sick Pay, you might be able to claim Universal Credit or another benefit. The Free Legal Justice team is here to guide you and will give you advice how to make sure you get whatever benefits are available to you. Speak to one of our work accident claims solicitors in Scotland now and get free legal advice as to the next steps you should take.
Why Should I Seek Help From A Work Accident Solicitor?
It is always advisable to contact a reputed and experienced solicitor before you file a work accident claim. It is important that you understand your legal position, your rights and responsibilities before you make a work accident claim. Free Legal Justice is here to provide you with free initial legal advice on the merits and process of making your claim, and we will support you through every step of the journey once you agree to let us handle your case. Our work accident team in Scotland is available 24 hours a day, 7 days a week and will happily answer any questions you might have concerning your work accident claim.
As with all accident compensation claims, the most important fact is being able to prove that your accident at work injury was caused as a consequence of negligence. Even if it was a straightforward accident in a factory for example, caused clearly by your employer’s negligence, you will still need to prove this aspect. Our work accident solicitor have handled these cases many times before, and will be able to assist you with assembling the necessary evidence for your claim in a conclusive form.
By getting help from an experienced work accident solicitor, your entire claim experience will be transformed – from a largely stressful, highly administrative experience to a relaxed, organised and efficient claims process, whereby your legal team takes over all the hard work and puts in 100 percent effort to help you win your case. At Free Legal Justice, our solicitors in Scotland have been dealing with work accident claims for a long time; they have seen it all and done it all. By getting assistance from a legal professional, it can mean the difference between a failure and a success, or an average compensation and a maximum compensation pay-out.
Why Should I Choose Free Legal Justice?
Free Legal Justice has successfully resolved hundreds of work accident claims. Our skilled personal injury solicitors have comprehensive knowledge and experience in all kinds of work accident claims, and they know exactly how to help clients receive the maximum compensation for their claim. Our work accident claims team will protect your privacy and safety throughout the claims process, and ensure that your compensation claim is handled diligently, efficiently and discreetly. We aim to make the whole experience as easy and stress free as possible for you. You can rest easy knowing that you have an expert work accident solicitor in Scotland working hard on your case to get you the maximum compensation you deserve.
Our specialist work accident claims team in Scotland has dealt with many work injury compensation claims. These include claims for:
- Lacerations and cuts;
- Loss of limbs
- Loss of sight and smell;
- Workplace burns;
- Soft tissue damage;
- Serious injuries, including brain and spinal injury accidents; and
- Workplace fatalities.
Free Legal Justice has the legal expertise and resources necessary to help you win your case. We want to help every employee who has been injured at work, to make a claim for rightful compensation- without the financial stress of legal fees. For this reason, our work accident solicitors in Scotland work on a “No Win No Fee” agreement. After an initial consultation and discussion with one of our highly skilled personal injury team members, we will be happy to offer you a No Win No Fee agreement once we have assessed the merits of your work accident claim.