How much compensation for a breach of health and safety at work could you be owed? You might be asking this question after suffering an accident and injury in the workplace that wasn’t your fault. This guide can help.
We’ll explain what a health and safety breach is and look at the law that requires employers to protect employees from being harmed. Also, we provide some examples of employer negligence. You might need to claim compensation on behalf of someone else, so we detail that as well.
You’ll also find our health and safety breach calculator which you can use to get an approximate idea of compensation amounts for different types of injuries. We conclude by looking at the evidence that supports a claim after a breach in health and safety, and discuss how a solicitor from our panel could help.
If you have any questions, or if you would like to discuss how your employer’s breach of health and safety regulations caused your injury and find out if it makes you eligible to launch a personal injury claim, speak to a member of our team today. If it seems like you have good grounds to seek compensation, they can help you get the process started. Read on to learn more, or:
- Call about your claim after a health and safety breach on 0800 408 7826
- Use our live discussion box to start a conversation.
- Fill out our ‘Contact Us‘ form.
Go Straight To A Section Of Our Guide
- Breach Of Health And Safety Compensation Calculator
- What Is A Health And Safety Breach?
- Health And Safety Breach Examples
- Can I Claim Compensation For A Breach of Health And Safety At Work?
- Can I Claim On Behalf Of Another Person?
- Should I Report Breaches Of Health And Safety In The Workplace?
- Proving Employer Liability For A Successful Health And Safety Breach Claim
- No Win No Fee Health And Safety Breach Claims
- Learn More
Breach Of Health And Safety Compensation Calculator
If you would like an estimate of how much compensation you could be awarded in a successful accident at work claim, a compensation calculator is a good place to start. However, a calculator will only ever provide you with an estimate. It also can’t tell you what those who value your workplace injury claim will consider when calculating it.
In this section of our guide, we bring you through what a solicitor or other party involved in the claims process will look at when valuing your claim. Alternatively, you can talk to a member of our advisory team. They can tell you how to use our compensation calculator or provide a free personal injury claim valuation.
When wondering how much compensation for a breach of health and safety at work might apply, two areas of loss can be assessed: general and special damages.
General Damages
General damages apply a monetary value to the physical pain, in addition to any psychological damage or long-term disability caused by an accident at work. You may have heard the expression ‘loss of amenity’ which means overall impact on the quality of your life after the injury, and it covers this also. An example of ‘loss of amenity’ would be no longer being able to participate in your favourite hobby, such as a foot injury meaning you can no longer dance, play football or go hiking.
To calculate an amount for general damages, those involved use medical evidence and publications like the Judicial College Guidelines (JCG). In here you can find an index of guideline award amounts for various types and severities of injury based on past successful claims in England and Wales. Our compensation calculator uses figures from this same resource to provide you with an estimate.
We’ve compiled an excerpt to illustrate, but the first line is not from the JCG. Also, please be aware these are purely guidelines and to get a more accurate calculation, it is always advisable to consult an expert solicitor:
Compensation Guidelines
| INJURY | HOW SEVERE? | AWARD GUIDELINES | DEFINITION |
|---|---|---|---|
| More than one injury and special damages award. | Serious | Up to £1 million or more | Cases of more than one serious injury and special damage award for loss of income, care costs and medical needs. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 | Injury significant enough to leave permanent and profound brain damage and reliance on professional care 24/7. |
| (d) Less Severe | £18,700 up to £52,550 | A good recovery on the whole and return to work, however some persisting minor issues regarding memory, concentration and mood remain. | |
| Knee | (a) Severe (i) | £85,100 up to £117,410 | Serious joint disruption giving rise to osteoarthritis and the need for prolonged treatment. |
| Back | (a) Severe (iii) | £47,320 up to £85,100 | Disc lesions, disc fractures or soft tissue vertebral damage leading to chronic pain and mobility problems. |
| Arm | (b) Permanent and Substantial Disablement | £47,810 up to £73,050 | Serious fractures to one or both forearms leaving permanent functional or cosmetic disability. |
| Pelvis | (b) Moderate (i) | £32,450 up to £47,810 | A significant hip or pelvic injury but permanent disability is neither caused or considered a risk. |
| Neck | (b) Moderate (i) | £30,500 up to £46,970 | Dislocations and fractures serious enough to require spinal fusion surgery. |
| Hand | (f) Severe Finger Fracture | Up to £44,840 | Instances bad enough to warrant partial amputation leaving the hand deformed. |
| Eyes | (h) Minor | £4,820 up to £10,660 | Cases of exposure to fumes, being splashed by liquids or being struck in the eye causing temporary pain and sight interference. |
Special Damages
A second head of loss that makes up the award amount is special damages. This takes into account the financial losses caused by the injuries. To include special damages, you will need documented proof of the associated monetary harm, which can be:
- Proof from your employer that you suffered a drop or loss in earnings because of injury.
- Evidence of any private medical expenses.
- Receipts and invoices for work carried out at home to deal with a disability.
- Adaptations to your vehicle.
- Travel expenses.
- Proof of amounts paid to others for domestic care.
A skilled personal injury solicitor can use documented proof like this to calculate special damages and potentially boost your overall compensation. If you’d like more guidance on the calculation process, call our advisory team.
What Is A Health And Safety Breach?
A breach of health and safety is an expression used to describe a failure by employers to meet their legal obligation to take reasonably practicable steps to protect workers from experiencing harm or injury while carrying out their work-related duties. This obligation, or ‘duty of care’ is outlined by a law called the Health and Safety at Work etc Act 1974 (HASAWA).
A failure to meet whatever safety protocols apply in that particular industry or workplace might mean the employer is liable to compensate an injured worker. Get in touch if you’d like to discuss this or read on to learn more.
Health And Safety Breach Examples
We now explore some of the ways that a breach in health and safety standards might create an accident and injury for which the employer is liable:
- The workplace machinery in a factory was not maintained and safety checked on a regular basis. A machine malfunctioned while being used, causing the employee to suffer soft tissue injuries and a facial scar.
- Failure to perform regular risk assessments of the workplace caused an employee to slip on an unmarked wet floor and fall, sustaining a broken forearm and serious pelvic injury in the process.
- Works at height were not properly planned in advance. This led to an employee falling from unstable scaffolding and suffering a severe head and back injury.
- No training was provided by the employer for the correct manual handling techniques in a warehouse. A worker suffered a prolapsed disc in their back trying to move a heavy box.
- An employer fails to provide the essential personal protective equipment (PPE) such as safety gloves or goggles. As a result of these missing safety measures, an employee suffers chemical burns to their hands and an eye injury trying to perform their task.
These represent just a handful of ways that poor health and safety standards might lead to injury. Claim circumstances always vary so it’s best to get in touch to discuss your case. Our advisors can help you understand how much compensation for a health and safety breach at work might apply in your particular case.
Can I Claim Compensation For A Breach of Health And Safety At Work?
In order to have eligible grounds to start a compensation claim, you need to show:
- The duty of care under HASAWA applied at the moment of injury.
- It was breached in some way.
- You suffered harm as a direct consequence.
With all three criteria in place, you could have a valid claim for personal injury compensation against a negligent employer. To find out how much compensation for a breach of health and safety at work you could be owed, call our team to discuss.
What If I Was Partly To Blame For My Injury?
A compensation award may still apply even if you were partly to blame for your accident and injury. However, any award made might reflect your level of responsibility. So for example, if the court decided that you were 30% to blame for what happened, you could be awarded 70% of the total compensation for the injuries suffered in that accident.
How much compensation for a breach of health and safety at work applies in your case? For a more precise estimate, call our advisory team to learn more.
Can I Claim On Behalf Of Another Person?
Generally, under the Limitation Act 1980, injured parties have three years from the date of the accident in which to launch their personal injury claim. However, certain parties cannot manage their own claim. In these cases, this time limit is not applied until the factors that prevent the party from managing their own claim no longer apply.
However, you might be eligible to act as a litigation friend and claim for them. Normally, this is a family member or concerned person who then manages all aspects of the claims process on the person’s behalf.
Parties who cannot manage their own personal injury claim include:
- Minors. The three year time limit will not be applied until their 18th birthday.
- Those without the mental capacity to handle a claim. The three year time limit will not apply unless this capacity returns. If it does, the time limit starts on the date it was deemed this capacity was recovered.
A solicitor from our panel can determine how much compensation for a breach of health and safety at work is owed to you or a loved one. Simply call to learn more.
Should I Report Breaches Of Health And Safety In The Workplace?
It is important to alert your employer to any concerns about health and safety in the workplace. Employees also have an obligation to do all they can to keep themselves and their colleagues safe from harm, so even if you’re not entirely certain there is a risk, report it if you feel worried. You can tell your supervisor, line manager or union representative.
If you’ve suffered an injury in an accident at work, this should be recorded in the accident book. The accident book is a legal requirement for any workplaces with ten or more staff members. The record should include details such as your name, the time and date and information about the accident plus injuries.
Additionally, there are certain reportable workplace injuries and incidents that your employer must report to the Health and Safety Executive (HSE). The HSE is Great Britain’s workplace health and safety regulator. This is set out in the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
Damages are awarded only if there is an actual injury, not just the risk of one. So find out how much compensation for a breach of health and safety at work you may be owed if you were hurt in the workplace. Call the team today.
Proving Employer Liability For A Successful Health And Safety Breach Claim
Evidence that shows your employer breached health and safety protocol is important and you might be able to gather some of the following:
- Points of contact for any eyewitnesses willing to provide statements later on in the claims process.
- Copies of CCTV footage that filmed the incident.
- A copy from the workplace accident book.
- Photos of the injuries and the hazard.
- Duplicates of medical records that detail your injuries.
A solicitor from our panel could alert you to other forms of evidence that might help boost your accident at work claim. Allow us to explore how much compensation for a breach of health and safety applies to you and get in touch.
No Win No Fee Health And Safety Breach Claims
The solicitors on our panel are experts in determining how much compensation for a breach of health and safety at work may be owed. Using their decades of expertise, they will ensure that an amount is calculated that reflects all your losses, both now and any predicted in the future.
Our panel offer their services through a version of the No Win No Fee agreement. Not all solicitors offer a Conditional Fee Agreement (CFA) as a way to fund a personal injury claim, but with us this means:
- No upfront solicitors fees for work on your claim.
- No fees for your solicitor’s services apply as the claim moves ahead.
- No solicitor’s fee apply for completed work on the claim if it fails.
- Winning outcomes require a nominal percentage from the compensation as a success fee to the solicitors.
- You and your solicitor can agree on the success fee amount before work starts. Also, a legal cap keeps this percentage low.
- This guarantees you benefit first and foremost.
With all this mind, why not see if our panel of solicitors can help you? If you’re wondering how much compensation for a breach of health and safety at work is owed to you, call, email, or start the conversation through live chat below.
Contact Our Team Of Advisors
Our dedicated team of advisors are happy to answer any questions you might have after an accident in the workplace. They offer, free, no-obligation information and guidance about your potential claim. Additionally, they can offer a free case assessment and if you’re eligible, they can connect you to a solicitor from our panel.
- Call about your claim for personal injury after a health and safety breach on 0800 408 7826
- Use our live discussion box to start a conversation.
- Fill out our ‘Contact Us‘ form.
Learn More
Also, these other articles about a work injury claim offer more information and guidance:
- This guide looks at a compensation calculator in more depth.
- Also, read more about how much compensation for injury at work can apply.
- In addition to this, here is more guidance on personal injury claims in general.
External guidance to help:
- This resource explains the role of the Health and Safety Executive (HSE) in workplace safety.
- Also, you can read guidance from GOV.UK about health and safety regulations.
- Lastly, get help for your symptoms from the NHS.
We hope this guide has helped you understand how much compensation for a breach of health and safety at work can apply. For any further help on this topic, please connect with our advisors on the contact options above.