If your employer failed to comply with health and safety regulations then you are entitled to claim compensation. Every employer has a duty of care towards its employees and the law dictates every employer must carry out risk assessments and take steps to minimise any danger and risk to employees. This is even the case if your accident was caused by a colleague's negligence.

Can I claim for an accident at work?

How do I claim for an accident at work?

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Seeking advice and making a claim for an accident or injury at work is simple. The first step is to get in touch with Digby Brown, we will take some initial details such as a description of the accident as you understand it happened, the nature of your injuries and how have the injuries impacted your life.

In general, you have three years from the date of the accident or medical diagnosis to make a compensation claim. There are some exceptions to this rule – such as if you suffered a serious brain injury and were physically unable to seek legal advice during the time of your recovery. But this is why it’s important that you seek legal advice as soon as you’re able to.

Will my employer pay the compensation?

Is it possible to make an accident at work claim while on a zero hours contract?

If you are employed on a zero-hours contract you are still an employee and therefore you are still entitled to the same safety considerations as any worker. Self-employed workers also have rights too such as if you are a tradesperson contracted to worksite – the site manager has overall responsibility for your safety and this means, should something go wrong, their liability insurance should provide you compensation for your injury and losses.

Can I be sacked for bringing a claim against my employers?

If you are sacked after making an accident at work claim then this could be classed as unfair dismissal. Additionally, if your employer makes your life difficult after a claim and you then felt pressured to resign then you may have grounds for a constructive dismissal case.

Many of our clients are worried their employer will be personally responsible for paying their compensation out of their pocket. This does not happen. Your work is required by law to have Employer’s Liability Insurance and it is this insurance that pays out in the event of an injury claim.

Health and safety improvements mean that there are less accidents at work in Scotland however they do still happen and they can be serious. The consequence of being involved in accident at work are far reaching for both the individual and their family.

Not being able to work either for a short, medium or foreseeable future has huge financial implications – you need to get sensible legal advice. Understanding that it’s your employer’s insurance not your employer who will pay the compensation is also important to know.

Can a claim still be made if the accident was partly my fault?

In some cases it may be that contributory negligence applies – this is a legal argument that means the injured person shoulders some of the responsibility. This can sometimes result in a small deduction in final payments however this is rare. Our solicitors also have the experience to know how likely a problem this is – and the experience to know how to avoid the other side making that argument.

Will I get paid if my injury stops me from working?

This will all depend on your contract with your employer. Not all workers receive full pay if they can’t work due to sickness or injury. However, if you don't get full sick pay you are entitled to Statutory Sick Pay (SSP) to help you get by.

As part of your compensation claim, we will take into account any loss of earnings you suffered as a result of your injury - and any losses you may experience in the future as a consequence.

How long have I got to make a claim?

How will my case be funded?

We operate a ‘no win no fee’ funding scheme, Compensate, which allows your case to be fully investigated, employs the best experts and secures the maximum compensation at no financial risk to you.

We do not charge you any money upfront or during the case. We agree a percentage of your compensation at the very start which you pay us on successfully concluding your case.

If your case is unsuccessful, you don't pay anything - it is risk free.*

* T&Cs apply - you must accept our advice and tell the truth about the circumstances and injuries sustained.

Our clients...

Why use Digby Brown?

We understand that choosing a law firm can be a big decision. Rest assured that you are in the best place. We have an enviable reputation for our work in the field of personal injury.

We know what your case is worth and we will fight to recover fair compensation.

• We do all the work, our job is to make it easy for you.
• Thorough investigation of the full circumstances of your injury.
• Accurate valuation of your claim.
• Access to a local solicitor who is with you every step of the way.
• Regular updates on the progress of your case.
• No legal jargon. We speak in plain English.
• Independent, third-party reviews about the quality of our service.
  
• Consistently ranked as Scotland's top law firm for personal injury.
• We really do care, because it matters...
  

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