If you’ve suffered an injury at work, you may be wondering whether you should make a personal injury (PI) claim. Workplace accidents can have serious physical, emotional, and financial consequences, and if your injury was caused by your employer’s negligence, you could be entitled to compensation.
A personal injury claim against an employer means you are seeking compensation for an injury sustained at work, where you can prove that your employer’s negligence directly led to your harm. Essentially, you are alleging that your employer breached their duty of care, which resulted in your injury.
Key factors to consider before making a claim:
Proving employer negligence
To succeed in any claim, you must demonstrate that your employer acted negligently by failing to take reasonable steps to prevent your injury. This could include failing to provide adequate safety training, to provide protective equipment, or maintaining a hazard-free workplace.
Liability insurance
Your solicitor will contact your employer to obtain their liability insurance details and handle negotiations with their insurer. This minimises the time and inconvenience for both you and your employer.
Gathering evidence
Solid evidence strengthens your case and increases the likelihood of a successful claim. This can include:
- Witness statements
- Accident reports
- Medical records
- Photos of the accident scene
- CCTV footage
Your chosen personal injury solicitors firm will assist in gathering this evidence and liaising with the employer’s insurance company to obtain key documents, such as wage slips (to calculate loss of earnings), accident reports, and any Health and Safety investigations. Photographs of the accident location can be particularly useful in proving liability.
Reporting the Incident Promptly
It’s essential to report your workplace accident immediately and follow your company’s internal procedures. This ensures that the incident is officially recorded and helps protect your right to claim. Your solicitor will advise you to notify your employer as soon as practically possible about the accident and injuries sustained.
Seeking legal advice early
Consulting a specialist personal injury solicitor can significantly improve your chances of success. An experienced solicitor can:
- Assess the strength of your claim
- Navigate the legal process on your behalf
- Gather and present the necessary evidence
- Maximise your compensation
Choosing a local solicitor like Coles Miller is highly recommended. You’ll deal directly with an experienced legal expert, receive face-to-face support, and benefit from a substantial knowledge of local courts, medical professionals, and experts who can strengthen your case.
Common types of workplace injury claims
There are many situations where an employer’s negligence could result in a personal injury claim, including:
Slips and trips: Falling due to hazardous areas, such as wet floors without warning signs.
Lifting injuries: Suffering an injury while lifting heavy objects without proper training or equipment.
Machine accidents: Being injured by faulty equipment or inadequate safety measures.
Exposure to hazardous substances: Developing a health condition due to exposure to harmful chemicals at work.
Can You Claim for an Accident at Work?
You may be able to claim compensation if your injury resulted from health and safety breaches by your employer. In some cases, you may even be eligible to claim if you contributed to the accident, if faulty equipment or inadequate safety measures worsened your injuries.
A claim may also be possible if a workplace accident exacerbated an existing condition or injury.
Your employer’s legal duties
Employers have a legal duty to ensure workplace safety. This includes:
- Providing proper training
- Supplying suitable personal protective equipment (PPE)
Conducting risk assessments - Managing business activities to minimize health risks
- Maintaining safe working systems
What if you face discrimination for making a claim?
Many employees worry about employer retaliation after making a personal injury claim. However, your employer cannot legally dismiss, penalise, or treat you unfairly for making a claim. If they do, you may have grounds for an additional claim for unfair treatment or dismissal.
At Coles Miller, we ensure our clients’ claims are handled professionally and discreetly, minimising disruption to employer-employee relationships.
Your rights after a workplace injury
- You cannot be dismissed or penalised for making a claim
- You can return to your previous role after recovery (if medically fit)
- You can request reasonable workplace adjustments if your injury causes long-term limitations
- You can seek compensation for medical costs, lost earnings, and other damages
Why choose Coles Miller for your claim?
At Coles Miller Solicitors, our experienced Serious Injury Paralegals and Solicitors specialise in workplace accident claims. We have a proven track record of securing maximum compensation for our clients.
With our expert legal guidance, you can focus on your recovery while we handle the legal complexities. Whether you prefer phone consultations, emails, or face-to-face meetings, our dedicated legal team is here to support you every step of the way.
