Industrial Injury Claims Advice

If you have suffered due to an industrial accident or illness that was not your fault, you may be eligible to make an industrial injury claim against your employer. The experienced personal injury solicitors we work in partnership with have helped thousands of people from all across the UK claim compensation for a wide range of industrial injuries and illnesses.

It is the duty of employers to provide a safe working environment for both their employees and visitors to their business premises. Unfortunately, there are times when negligence on the part of an owner or manager results in workplace accidents and injuries.

If you have suffered an industrial injury because your employer has failed to take care of your health and safety, you may be able to seek compensation for your injuries. Some examples include claims for asbestosis, industrial deafness and vibration white finger.

A free consultation with a legal adviser can let you know whether you might be eligible for industrial injury compensation. To find out if you have a valid case, call 0800 470 0474 or arrange a call back today.

Am I eligible to make an industrial injury claim?

You may be eligible to make an industrial accident claim if you have suffered an injury or illness as a result of exposure to hazardous conditions in the workplace and if:

• The accident or exposure was due to the negligence of your employer or another party; or
• The workplace did not comply with health and safety regulations under UK laws.

To determine if you can make an industrial injuries claim, you should speak with a personal injury solicitor or legal expert. They will be able to review the specific details of your case and advise you on your legal rights and options. Some of the factors that will be considered include the following:

• The cause of the injury or illness
• The extent of your injuries or illness
• The financial losses and expenses you incurred due to your accident
• Whether your employer was aware of the hazard and failed to take appropriate action to prevent the accident
• Whether your employer had the proper safety procedures in place
• Whether the accident or exposure was caused by a third party, such as a supplier or contractor

It is important to note that there are time limits to making an industrial injury claim, so it is best to seek legal advice as soon as possible after your accident or diagnosis of an illness.

Common types of industrial accidents and illnesses

In 2019/20, the Health and Safety Executive (HSE) recorded that 1.8 million working individuals suffered from work-related conditions. Additionally, an estimated 13,000 deaths each year are linked to past exposure at work, primarily to chemicals or dust.

While this number has decreased from previous years, it still highlights the potential dangers present in the workplace and the importance of implementing proper health and safety procedures.

All workplaces pose potential risks for employees, but some industries are inherently more dangerous than others. That is particularly the case in industries that involve the use of heavy machinery and hazardous chemicals or require workers to engage in heavy lifting.

Many different types of industrial accidents and illnesses can occur in the workplace. Some of the most common types leading to an industrial injury claim include:

• Slip, trip, and fall accidents

These are some of the most common accidents at work and usually occur due to preventable hazards such as poor lighting, wet or slippery surfaces, or uneven flooring.

• Being struck by an object

Being struck by an object is a common industrial accident that can cause both fatal and nonfatal trauma. Some examples of objects that can cause injuries are falling tools, heavy machinery, forklift trucks and debris.

• Electric shocks

Workplace negligence can also put employees at risk of electrocution from hazards such as damaged cords and uncovered electrical wires. Electricians, construction and building site workers are especially at risk for electric shock injuries.

• Machinery accidents

Machinery accidents can occur due to a lack of training, inadequate maintenance, or faulty equipment. They could cause minor to very severe injuries, such as broken bones, amputations and brain traumas, and can even be fatal.

• Repetitive strain injuries (RSI)

Repetitive strain injuries can occur due to repetitive motions, such as typing or awkward postures for long periods. Performing the same movement or action repeatedly can cause damage to the tendons, muscles, and nerves and lead to pain, numbness or stiffness.

• Industrial deafness

Industrial deafness is hearing loss caused by exposure to loud noise in the workplace. It is a common condition among workers in industries such as construction, manufacturing, mining, and agriculture.

• Vibration white finger

Also known as Hand-Arm Vibration Syndrome (HAVS), vibration white finger is an injury caused by prolonged exposure to vibrating tools and machinery. The vibration causes damage to the blood vessels, nerves, and joints in the fingers, leading to a loss of circulation, numbness, tingling, and a loss of grip in the affected fingers.

• Asbestos-related illnesses

These illnesses, such as mesothelioma, asbestosis and lung cancer, can occur due to exposure to asbestos, a type of fibrous mineral commonly used in the construction industry. If asbestos fibres become embedded in the lungs, they can cause inflammation and scarring, leading to breathlessness, coughing and chest pain.

• Chemical exposure

These illnesses can occur due to exposure to hazardous chemicals and substances, such as solvents, pesticides, and heavy metals. These can cause burns, allergic reactions, respiratory and neurological disorders and cancer.

• Back injuries

Back injuries can occur due to heavy lifting, twisting, or repetitive motions. Examples include sprains, strains, slipped discs and spinal cord injuries. If you have hurt your back due to negligence at work, you could be entitled to industrial injury compensation.

• Stress and mental health issues

These can be due to a variety of factors in the workplace, such as long working hours, lack of support, bullying and job insecurity. Stress can lead to cardiovascular problems, sleep disorders, burnout, depression and anxiety and can affect your long-term health.

Regardless of what caused your industrial accident, if you believe it was due to someone else’s negligence, you should seek legal advice as soon as possible. A free consultation over the phone can let you know your options and whether you can make an industrial injuries claim.

To arrange your free consultation, call 0800 470 0474 or enter your details into our online claim form to receive a call back.

Employer’s duty of care

In any workplace, employers have a duty of care towards their employees. This duty is contained in legislation such as:

• The Health and Safety at Work Act 1974
• The Work at Height Regulations 2005
• The Manual Handling Regulations 1992
• The Management of Health & Safety at Work Regulations 1999
• The Personal Protective Equipment at Work Regulations 1992
• The Provision and Use of Work Equipment Regulations 1998

Under these and other health and safety legislation, an employer’s duty includes the following:

• Employing competent co-workers
• Providing you with adequate material to help you carry out your work safely
• Providing you with the necessary training needed to carry out your work safely
• Providing you with adequate supervision to minimise risks of injuries
• Providing you with personal protective equipment (PPE) when required
• Ensuring that all workplace equipment, machinery and tools comply with the relevant safety requirements
• Carrying out risks assessments regularly to identify dangers and reduce the risk of workplace accidents and injuries
• Changing the workspace to reduce bending, twisting and carrying distances
• Avoiding hazardous manual handling operations as far as possible
• Taking into account each employee’s age, experience and psychical condition

Where an employer fails to meet their duty of care towards an employee resulting in an injury, they may be held liable in an industrial accident claim.

How much compensation will I receive?

The amount of compensation that you may be entitled to will depend on several factors. Industrial injury compensation can be divided into two parts:

• Firstly, you may be compensated for the general damages that you have suffered. These include your injuries, pain, suffering and loss of amenities, which are calculated using The Judicial Studies Board Guidelines.
• The second part includes financial losses that directly resulted from your injury, known as special damages. Economic losses are calculated based on the actual amount of money you have spent or lost because of your injury. This includes paying medical bills, prescription costs, loss of earnings and travel expenses.

Depending on the type of industrial injury that you have suffered and the severity of the injury, your work accident claims solicitor will be able to tell you an estimate of the amount of compensation you may be entitled to.

Below are some examples of compensation awards for general damages that you could receive in a successful industrial injury claim:

• £12,700 to £25,350 for partial hearing loss or mild to severe tinnitus
• £77,430 to £120,040 for complete deafness in both ears
• £36,060 to £99,330 for severe asbestosis and pleural thickening
• £39,170 to £130,930 for an arm injury causing significant restriction and disability
• £12,510 to £38,780 for a moderate back injury such as compression to the lumbar vertebrae, ligament or soft tissue damage
• £2,200 to £3,950 for temporary eye injuries with full recovery
• Up to £36,740 for severe finger injuries causing impairment of grip, deformities or partial amputations
• £26,590 to £39,170 for severe hip or pelvis injuries with no significant disability
• £186,890 to £240,590 for severe head injuries with brain damage causing serious physical symptoms or changes to personality or intellect
• £15,320 to £46,780 for a moderate leg injury such as fractures or ligament injuries leading to the near certainty of instability

You can learn more about your compensation prospects by taking a look at our compensation calculator. Or, for a more accurate estimate of how much compensation you could receive for a successful industrial injury claim, speak to one of our experienced legal advisers. You can do this by calling 0800 470 0474 or arranging a call back.

What evidence will I need?

To claim industrial injury compensation, you will need to provide evidence that your injury or illness is work-related and that it is a result of negligence or a failure to comply with health and safety regulations by your employer. This evidence could include the following:

• Photographs or a video of the accident scene capturing the exact cause of your injuries before anything is moved or repaired, such as faults in equipment or machinery;
• Accident reports and any relevant safety training or procedures provided by your employer;
• CCTV footage, if any cameras were monitoring the area where you were injured;
• Statements from witnesses who saw how your accident occurred;
• An accident report filed with the Health and Safety Executive (HSE) if you suffered severe injuries.

If you have a valid industrial injury claim and are looking to maximise your compensation, it is important for you to keep a record of all the expenses that you suffered as a direct result of the injury. This could include:

• Lost wages if you have taken time off work due to your injuries
• Short-term medical expenses like doctor’s fees, diagnostic tests, hospitalisation and prescriptions
• Long-term medical expenses, such as counselling and physical therapy
• The cost of prostheses and mobility aids
• Travel expenses to and from medical appointments
• Modifications to your home or vehicle
• Costs of care and assistance with daily tasks

You must get your injuries examined in a hospital or by a GP so you can obtain an accurate record of all the damages you have sustained and the severity of the injuries.

It is essential that you also keep a note of all the pain and suffering you have been through due to the industrial injury. If you have taken time off work to recover from your injuries and you have suffered a loss of earnings, you must keep a record of this as well. Moreover, you must retain all medical bills and prescription costs to be able to maximise your industrial injury compensation.

To find out more about what evidence you might need to start your industrial accident claim, call 0800 470 0474 or arrange a call back from an experienced legal adviser.

Will I be victimised for making an industrial accident claim?

Many people worry about the consequences they could have to face if they make an industrial injury claim against their employer. They may be concerned they will suffer retribution from their employer or co-workers if they choose to claim compensation.

However, it is important to know that this kind of discrimination is unlawful and could result in your employer being liable for further action under unfair or constructive dismissal laws.

All companies that employ people have a legal obligation to have a valid insurance policy to protect themselves and their employees in the event of accidents. This is covered by the Employers’ Liability (Compulsory Insurance) Act 1969.

When making an injury claim against your employer, it is this insurance company that will deal with your claim. If your industrial accident case is successful, the compensation awarded is paid by the insurance company, rather than being paid directly by your employer.

I have been involved in an industrial accident. What should I do now?

If you have been involved in an industrial accident and you want to claim compensation, there are several steps that you should take:

• Seek medical attention

If you have been injured, getting medical treatment as soon as possible is essential. Your health and well-being should be your top priority.

• Report the accident

Inform your employer of the accident promptly and give them a detailed account of what happened and when. Your employer should report the accident to their insurance company and take any necessary steps to prevent similar accidents from happening in the future.

If the accident is severe or has resulted in a death, your employer must notify the Health and Safety Executive (HSE).

• Keep records

Keep a record of all expenses related to the accident, such as medical bills, lost wages, and other costs. This will help you recover damages when making a claim.

• Take pictures

If possible, take pictures of the accident scene and any injuries you have suffered. This will help assign liability and support your claim.

• Seek legal advice

Contact a solicitor experienced in industrial accident claims to obtain sound legal advice as soon as possible. They will be able to advise you on your rights, the compensation you may be entitled to, and the process for making a claim.

At Injuryclaims.co.uk, we are partnered with solicitors from across the UK that have vast knowledge and experience in claiming compensation for industrial injuries, accidents and diseases.

Once you make contact, a solicitor will provide you with a free consultation over the phone. During this conversation, they will ask a few questions about your accident and the injury or illness you have suffered. By assessing your case, they will be able to confirm if you can pursue an industrial injuries claim, and they will also be able to answer any questions or concerns that you may have.

If you are eligible for a claim and would like to continue, your solicitor will provide you with a no win no fee* service. This means you can pursue your legal right to accident compensation without putting yourself under the financial strain of having to pay large legal fees. If your case is unsuccessful, you will not pay a penny towards the work your solicitor has done.

If you want to claim industrial injury compensation, the first thing you should do is seek legal advice by calling free on 0800 470 0474. It is essential to act quickly, as there are often strict time limits for making a claim.

Can I claim industrial injury compensation on behalf of someone else?

It may be possible to make an industrial injury claim on behalf of someone else who cannot do so themselves due to a physical or mental incapacity. It is best to consult with a legal expert to determine if this is an option in your case and what the process would involve.

If your loved one is eligible for compensation, your solicitor can help you become their litigation friend. To do so, you must apply with the court and provide evidence that you can represent the person fairly and competently without any conflict of interest. The process usually involves the following steps:

• Obtain a certificate of suitability that states that you are suitable to act as a litigation friend for the victim. This will typically be prepared by your solicitor and includes information about your relationship with the person and relevant experience in this area.
• Fill out a certificate of service which proves that the victim or their family, carer, or deputy agrees to have you as a litigation friend. It should be signed by the person and/or their representative and include their contact information.
• File the certificate of suitability and certificate of service with the court. Once you have completed these documents, your solicitor will help you file them with the court. You may need to pay a fee to do this.

Once the court is satisfied that you are suitable to act as a litigation friend, they will appoint you. You will then have the legal authority to conduct legal proceedings on the person’s behalf in relation to the accident claim. It is usually a long-term commitment that involves:

• Making decisions regarding the claim
• Keeping updated on the proceedings
• Attending any court hearings
• Paying any fees ordered by the court
• Communicating with the claimant’s solicitor
• Signing legal documents and dealing with correspondence
• Instructing solicitors and taking legal advice
• Keeping the victim informed about the proceedings, if possible
• Ensuring the claimants attend medical appointments
• Attempting to understand the victim’s wishes and feelings
• Carefully evaluating any settlement offers

It is essential to understand that being a litigation friend is a serious responsibility. You should perform your duties to the best of your ability and in the best interest of the person you are representing.

Can no win no fee be used to make an industrial injury claim?

Yes, it is possible to use a no win no fee service to make an industrial injury claim. Under a no win no fee agreement, the solicitor representing you will only charge you legal fees if your claim is successful. If your case fails, you will not incur any out-of-pocket expenses. That means you can start legal proceedings regardless of your financial situation and without taking risks.

If you sign a conditional fee agreement, the solicitor is taking on the risk of the case and will only get paid if you receive compensation. This way, they are incentivised to work hard on the case. If you win the industrial injury claim, your solicitor will receive a success fee from your award, which can be no more than 25% of your compensation.

At the beginning of your claim, your solicitor will also take out an After the Event (ATE) insurance policy on your behalf. This insurance provides comprehensive coverage for legal expenses and disbursements if your claim is unsuccessful, such as:

• Fees for the defendant’s solicitor
• Costs for printing and copying
• Travel expenses
• Fees for police and medical reports
• Fees charged by the court

If your industrial accident claim is successful, the defendant will cover most of your legal costs. You will only have to pay the ATE insurance premium and the success fee to your solicitor. If your claim fails, the ATE is seen as a disbursement, and you will not have to pay anything.

How long do I have to make an industrial accident claim?

In general, most personal injury claims, including industrial accident claims, must be made within three years of the date of the accident. The claim limitation date is set out by the Limitation Act 1980, and the court has the power to override it when it is fair and reasonable to do so.

However, the time limit might vary under specific circumstances, such as:

• If an injury or illness develops over time due to manual handling or exposure to hazardous substances, you have three years to claim from the date you received a diagnosis.
• The time limit to claim for someone who is under 18 at the time of the accident is different than for an adult. In general, the limitation period for a minor to make a personal injury claim will not start until they reach the age of 18. After that, they will have three years to take legal action.
• The limitation period to make an industrial injury claim for someone lacking mental capacity will not start until they regain capacity or a court-appointed litigation friend claims on their behalf.
• If you lost a loved one due to an industrial accident or illness, you could claim compensation within three years of their death. Alternatively, the time limit could start on the date a post-mortem confirmed the cause of death.
• You could also claim compensation if you developed an injury while working abroad, but the time limit could vary from country to country.

If you want to make an industrial accident claim, you should seek legal advice as soon as possible after you become aware of an injury or illness. This will help your solicitor to build a strong case and ensure the relevant deadlines are met.

For a free consultation with a legal adviser, call 0800 470 0474 or enter your details to receive a call back. The consultation is completely free and is provided without any obligation to proceed.