Suffering an industrial accident while you’re at work can be distressing and painful, with potential long term impacts on your health and your ability to earn a living. If the accident happens because your employer was negligent in some way then you may be able to make an industrial accident claim for compensation.

Industrial accident claims can be based on injuries caused by a single accident or an illness brought about by longer term working conditions. In both cases, if your employer fails in their duty of care to provide a safe working environment then you may be able to make a claim for compensation.

The team at Truth Legal have a track record of making successful industrial accident claims even in the most complex cases. Get in touch for a free initial consultation and if we think you have the grounds for a compensation claim we’ll work with you to make it happen.

Can I make an industrial accident claim?

You can make an industrial accident claim if you were injured in the workplace because your employer failed in their duty of care. The Health and Safety at Work Act 1974 sets out what an employer should do to keep you safe in the workplace, and if they fail to provide a safe working environment then they may have been negligent.

The steps an employer is legally bound to take to prevent industrial accidents include the following:

• Undertake risk assessments of work being carried out
• Provide training for any equipment you need to use
• Provide suitable Personal Protective Equipment (PPE) which is fit for purpose
• Carry out regular inspections and maintenance of the equipment you have to use
• Take all reasonable steps to create a safe working environment

Your employer should also comply with specific regulations around particular workplace practices such as using power tools or working at height. If your industrial accident happened because your employer didn’t create the safest possible working environment then you may be in a position to make an industrial accident claim.

The criteria for making a claim are as follows:

• Your employer had a duty of care toward you
• They failed in this duty of care in a way which created an unsafe working environment
• You were injured or developed an illness as a direct result of this failure

What will a successful industrial accident claim compensate me for?

The money paid for a successful industrial accident claim is intended to compensate you for:

• The physical and psychological pain and suffering caused by your injuries
• The degree to which your injuries stop you from living your life as you previously did
• The financial impact of your injuries, including lost earnings and direct expenses

Can I make a no win no fee industrial accident claim?

Yes, when we handle your industrial accident claim we will do it on a no win no fee basis. This means:

• You pay nothing up-front, or when we handle your claim and negotiate any compensation payment
• We only take a fee if your claim is successful and after you have been paid compensation
• The success fee we take is never more than 25% of the compensation paid
• If you lose your claim then the costs of the other side will be covered by insurance we take out on your behalf

How much compensation could I get for a successful industrial accident claim?

The compensation paid for a successful industrial accident claim could range from a couple of thousand pounds for minor injuries from which you’ll quickly recover up to hundreds of thousands for injuries which are life changing and call for on-going care and medical attention. The final amount will be made up of general damages and special damages, which are calculated as follows:

General damages

General damages in industrial accident claims reflect the nature and severity of your injuries. They are decided with the help of a publication called the Judicial College Guidelines, which sets out payment ranges for specific injury types.

Examples from the latest edition of the JCG include:

• Severe neck injuries – £55,500 – £181,020
• Minor head injuries – £2,690 – £15,580
• Minor pelvis or hip injuries – Up to £15,370

The factors governing the general damages awarded for a successful industrial accident claim include the part(s) of the body injured, the severity of the injuries and the prognosis for any potential recovery.

Special damages

The special damages are meant to compensate for the financial impact of your injuries, by putting you in the financial position you would have been in if the injuries hadn’t happened. They will include an amount to cover earnings or pension provision you lose because your injuries mean you can’t work as you used to, as well as money to cover expenses directly relating to your injuries.

The expenses you can claim compensation for include, but are not limited to, the following:

• Money spent on medical care needed because of your injuries now and in the future
• Money spent on care provision needed because of your injuries now and in the future
• Money spent on adapting your home or vehicle to allow for your injuries
• Money spent on specialist equipment such as mobility aids which you need because of your injuries
• Money spent travelling to and from medical appointments to deal with your injuries
• Money spent on any counselling or therapy needed because of your injuries
• An amount to reflect time friends and family spend caring for you free of charge
• Money spent on extra childcare needed because of your injuries

When we work on your industrial accident claim we’ll estimate the compensation we think you could receive once we have the full details of your case, and if the figure changes at any point we’ll keep you fully informed. Although we try to settle claims as quickly as possible we never settle for less than 100% of the compensation we think you’re entitled to.

Will the psychological suffering caused by my industrial accident be taken into account?

Yes, the psychological impact of your industrial accident injuries and any trauma or anxiety they cause in the longer term is taken into account when the general damages part of any compensation payment is calculated.

Is there a time limit for making industrial accident claims?

There is a time limit of 3 years in place for making industrial accident claims, which means that you have 3 years from the date of an industrial accident, or from the date you knew or should have known that you had suffered injury or illness due to the fault of your employer to start a claim at court . The exceptions to this 3 year limit include the following:

• If you are under 18 at the time of the industrial accident then the 3 year limit runs from your 18^th birthday to your 21^st
• If you lack the mental capacity to start a claim during the 3 year period then the time limit will run from the date on which you regain capacity
• If the person who was injured dies before the expiry of the original 3 year period above, then generally the 3 year limitation period starts from the date of death for a claim to be made on behalf of the deceased’s estate, and/or for a claim to be made by dependents of the deceased.

What evidence will I need to support an industrial accident claim?

The evidence which you’ll need to support an industrial accident claim will include, but not be limited to, the following:

• Your medical records, particularly those relating to the injuries you suffered
• The report in your employer’s accident book, or a written account of the accident you sent via email
• Statements from any witnesses to your industrial accident
• Photographs of the scene of the industrial accident, and of any equipment or PPE which contributed to the accident
• Photographs of your injuries
• Any available CCTV footage of the industrial accident
• Details of any previous industrial accidents which may have happened in your workplace
• Your own detailed statement setting out the circumstances of your industrial accident and the impact your injuries have had on your life
• Documentation setting out the financial impact of your industrial accident. This could include bank statements, wage slips and receipts relating to direct expenses
• Copies of any correspondence entered into with your employer following your industrial accident

What should I do immediately following an industrial accident?

In the immediate aftermath of an industrial accident you should seek medical attention. The injuries caused by industrial accidents can be serious, and prompt medical help will maximize any chance of recovery.

Swift medical intervention will also create an official record of your injuries.

You should enter the details of the industrial accident in your workplace accident book. If the workplace doesn’t have an accident book, email the details to your employer.

Contact Truth Legal to tell them about your industrial accident. We provide a free initial consultation, after which we’ll explain whether you have the grounds for an industrial accident claim.

If we think you may be eligible for compensation we’ll explain how the industrial accident claims process works. If you agree, we’ll start gathering the evidence to show that your injuries happened because your employer was negligent.

What are the most common types of industrial accident?

Any accident which happens in a workplace setting could be classified as an industrial accident, and could form the basis of a compensation claim if it was caused by negligence.

Amongst the most common types of industrial accident claims we deal with at Truth Legal are the following:

Electric shocks caused by faulty or unprotected equipment

Electric shocks can cause damage to internal organs and burns.

Unsecured or poorly stored objects falling from height

Falling objects landing on people can cause concussion, head injuries and broken bones.

Noise pollution causing hearing loss

The noise created in many heavy industries can be highly damaging to hearing if the correct safety equipment isn’t used and measures such as regular break periods aren’t in place.

Environmental factors causing sight loss

Issues such as bright lights, harmful chemicals, sharp debris and dust can all harm the eyesight if the right PPE isn’t provided and regular break periods aren’t in place.

Machinery accidents leading to injured, crushed or severed limbs

Poorly maintained machinery, or machinery being operated without the right training or without protective measures in place can be extremely dangerous.

Poor manual handling causing injuries

Manual handling of goods and equipment in a workplace without the right training or with no risk assessment carried out can cause injuries to the joints, back and limbs.

Poorly maintained surfaces causing slips, trips and falls

If surfaces in a workplace are allowed to become worn or uneven, or spills and debris are left in place, it can cause slips, trips and falls leading to a range of injuries.

Exposure to toxic substances

Being exposed to dangerous substances because of poor training, a lack of safeguards or no PPE equipment can cause injuries ranging from irritation and burns on the skin to severe long term illnesses.

Industrial diseases caused by long term exposure to dangerous substances or unsafe workplace conditions include carcinoma, emphysema, Lyme disease, mesothelioma, asthma and asbestosis. If you’ve been involved in any kind of industrial accident then contact Truth Legal to discuss whether it could have been caused by negligence.

If your employer placed you in an unsafe working environment then you have every right to claim compensation for any injuries you suffer as a result. No amount of money could totally make up for being let down in this way, but it could play a huge role in the long term recovery process.

What is the process involved in an industrial accident claim?

In simple terms, the process of making an industrial accident compensation claim can be broken down into the following steps:

• Contact Truth Legal for a free initial consultation, during which we will ascertain whether it seems like your industrial accident happened because your employer behaved negligently
• Provide any evidence you already have, including your own detailed account of the industrial accident
• We will arrange a medical examination with an expert of our choice to establish the extent of your injuries and the prognosis for any possible recovery
• The team at Truth legal will gather the rest of the evidence needed to establish negligence on the part of your employer and the nature and extent of your injuries. We will also gather evidence of the impact it has had on your life and the direct financial implications.
• We will inform your employer of your intention to claim compensation. In the majority of cases your employer will accept liability rather than fight the claim.
• We will negotiate a fair compensation payment
• If agreeing compensation takes a prolonged period due to the complex nature of your on-going care and medical requirements, we will apply for interim payments to cover your costs in the meantime
• A small minority of industrial accident claims can’t be settled through negotiation and have to be decided in court. If this happens we will support you throughout and present the strongest possible case.

How long do industrial accident claims take?

If your claim is a clear case of negligence involving minor injuries it could be settled in less than a year. More complex cases involving serious or even life-changing injuries can take longer than 18 months to settle.

Although we always work to get the compensation our clients are entitled to as quickly as possible, factors which could delay a settlement include:

• The time spent gathering the evidence
• An employer refusing to accept liability
• Time spent waiting for a court space if the case goes to court

Throughout the process we will keep you fully informed regarding how long we expect the claim to take and, where appropriate, will apply for interim payments to help with the recovery process while a final decision is being negotiated.