If you have experienced an injury in the workplace because of negligence, you might want to know if you need a witness statement for an accident at work. In this guide, we discuss witness statements and other evidence that could help strengthen your claim should you wish to file for compensation.
In addition to this, we look at the process of requesting CCTV footage and how medical records could be presented as evidence. We’ll also look at the two heads your claim could be made up of and how each could be supported by evidence.
Furthermore, we explore potential situations that could lead to an injury at work. We also explain your employer’s duty of care and the legislation that is designed to reduce workplace hazards.
If you decide to claim compensation for your injuries, you might like to hire a No Win No Fee solicitor. We detail what a No Win No Fee agreement is and how one could benefit you. If your claim is valid, our advisors might put you in touch with one of the No Win No Fee solicitors from our panel.
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What Is A Witness Statement For An Accident At Work Claim?
Employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that they should take all reasonably practicable steps to ensure that the risk of accidents is reduced.
After an injury at work, you could make a note of witness contact details. If you choose to claim compensation, they could make a witness statement in support of your case.
Who can take a witness statement for an accident at work?
It’s important to be aware that you cannot collect a witness statement yourself; it’s a legal document and can only be obtained by a legal professional. However, if you collect their contact details, then a statement can be taken at some point.
Contact our advisors to find out about how a witness statement for an accident at work could strengthen your claim.
Common Work Accidents
Certain workplace injuries must be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). The Health and Safety Executive (HSE) collects these statistics.
51,211 reported total injuries under RIDDOR in 2020/21. Of these:
- 15,159 reported fractures
- 14,784 reported sprains and strains
- 5,248 reported contusions
- 4,368 reported lacerations and open wounds
For more information on what these accident at work statistics tell us, as well as your rights after an accident at work, speak with an advisor today.
Examples Of Employees Getting Hurt In Work
You could be eligible to file for compensation if your employer breached their duty of care and it led to an injury. It may not be possible for your employer to eliminate all workplace hazards. However, they should take all reasonably practicable steps to ensure your safety in the workplace.
A cleaner, for example, might be expected to use bleach, an irritant to the skin, eyes and lungs. The employer cannot eliminate the hazard. However, they could take reasonably practical steps to reduce the risks, for example by providing gloves, goggles and a mask or ensuring the bottle is marked stating it is an irritant.
Potential workplace hazards could include:
- Hazards related to poor housekeeping. A risk of slips, trips and falls can be presented by cluttered walkways. A slip, trip and fall could result in fractures or contusions. For example, employers could have a policy in place to ensure any deliveries are put away quickly to prevent a slip, trip or fall.
- Handling and carrying. Lifting or carrying heavy objects in the incorrect way presents risks of strains and sprains. To reduce the risk, for example, workers could be taught how to lift objects in a safe manner.
- Faulty equipment. Employers must ensure that required equipment checks are up to date and that any faulty equipment is not used until it is repaired or replaced. Failure to maintain equipment could result in injuries such as amputations if an employee’s fingers become caught in moving machinery.
Our advisors could help you note what details will be required for a witness statement for an accident at work.
How Can I Make A Witness Statement For An Accident At Work Claim?
Actions you take following a workplace injury could help increase the chances of you making a successful claim. This part of the accident at work claim procedure can ensure that all aspects of how you were affected are covered by your settlement.
For example, after an injury you could:
- Seek medical attention. Medical records from a visit to a hospital or a doctor following your injury could support your claim. This is because they provide a more detailed view of your diagnosis and treatment. You might also be invited to an independent medical assessment if you file for compensation.
- Note witness contact details. A witness statement for an accident at work could be sought if you make a note of the witness’s contact details if there are any.
- Fill out the accident at work book. You should fill out an accident at work report form where an accident book is available. A colleague can do this for you if you’re unable to.
- Request CCTV. You could request CCTV footage of the workplace accident that caused your injuries.
A No Win No Fee solicitor could contact witnesses for their witness statements. There’s no legal requirement to work with a lawyer, but doing so offers a wide range of benefits of which this is only one.
Contact our advisors to discuss what evidence you could use to strengthen your claim.
Using A Compensation Calculator For Work Injuries
You may be wondering how to calculate the amount you could receive in a claim. If you decide to claim compensation, two heads could form your claim; general damages and special damages. Further details can be found below.
General Damages
The head of your claim that covers the pain and suffering caused by your physical and mental injuries is called general damages. Solicitors refer to the Judicial College Guidelines (JCG) to help them value injuries.
This document provides a list of injuries with their potential compensation brackets. Instead of an accident at work compensation calculator, we’ve included the table below where we have provided a few examples from the latest version of the JCG, updated in February 2022, for illustrative purposes.
| INJURY | POTENTIAL COMPENSATION | NOTES |
|---|---|---|
| Traumatic injury to digestive system (i) | £43,010 to £61,910 | Pain and discomfort from severe damage. |
| Jaw fractures (i) | £30,490 to £45,540 | Very serious multiple fractures with prolonged treatment and permanent impact. |
| Less severe brain damage | £15,320 to £43,060 | A good recovery but some symptoms persist, which may interfere with life and work prospects. |
| Less severe wrist injuries | £12,590 to £24,500 | Some permanent disability such as stiffness. |
| Moderate psychiatric damage | £5,860 to £19,070 | Some problems with life and work and an impact on relationships but a good prognosis. |
| Modest ankle injuries | Up to £13,740 | Less serious or minor fractures, sprains and ligamentous injuries. |
| Minor back injuries (i) | £7,890 to £12,510 | Full recovery within two to five years without surgery. Includes less serious strains, sprains, disc prolapses, soft tissue injuries or fractures. |
| Partial hearing loss (iv) | Around £11,720 | Mild tinnitus by itself or mild noise-induced hearing loss without the presence of the other. |
| Minor eye injuries | £3,950 to £8,730 | Some initial pain and temporary vision impairments. |
| Hernia (c) | £3,390 to £7,230 | Uncomplicated indirect inguinal hernia. |
Special Damages
You could claim special damages to recover costs incurred as a result of your injuries. To claim under this head, however, you must supply evidence of these costs. For example, you could keep the receipts.
You could recover costs for:
- Medical devices. The cost of renting or purchasing medical devices, such as a mobility scooter, could be claimed for under special damages.
- Loss of earnings. You could claim for your lost income under special damages. This includes time off to attend medical appointments. You can still claim if you receive statutory sick pay or are part of a work sickness pay scheme, provided that you did not receive full pay while you were off work.
- Transport costs. The mileage, bus fares or taxi fares you require to attend medical appointments could be claimed back.
Our expert advisors could estimate your potential compensation. They could also provide further examples of special damages and what evidence is required to support your claim.
What Are The Benefits Of No Win No Fee Agreements?
If you decide to claim compensation for your workplace injuries you might want to hire a No Win No Fee solicitor. This kind of agreement, also called a Conditional Fee Agreement, is a way of funding the work of a lawyer without paying them upfront or as they work on your claim.
If your claim is successful, you pay a success fee, which is legally capped. Instead of an upfront solicitors fee, the success fee is taken from your award at the end. If you aren’t awarded
There are a number of benefits to pursuing a claim with an accident at work lawyer. No Win No Fee lawyers could take the witness statement for an accident at work from the details you gathered when you experienced your injury. They could also help present your evidence.
Begin Your Workplace Accident Claim
Our expert advisors are on hand 24 hours per day, seven days per week. As well as advise you on what evidence to save towards special damages and how to gather evidence to strengthen your claim, they can connect valid claimants with a solicitor from our panel.
If you decide to claim compensation, you might want to consider a No Win No Fee solicitor. Our advisors could put you in touch with one from our panel of personal injury solicitors if your claim is eligible.
To start your claim today:
- Use the live chat feature.
- Click the banner.
- Contact us using the online form.
Further Resources About A Witness Statement For An Accident At Work Claim
We have provided the following links that you might find helpful:
- A guide to statutory sick pay (SSP) from the government
- CCTV footage request guide from the government
- How do I know if I’ve broken a bone? An NHS guide
Thank you for reading our guide on how a witness statement for an accident at work could support your claim.
