You might be entitled to personal injury compensation if you’ve been injured at work due to negligence or an accident that was not your fault.
At Jones Whyte, we understand how daunting and stressful the claims process can be, which is why our Glasgow-based team is here to help. When looking for a reliable accident-at-work solicitor in Scotland, we are a name you can trust.
In this guide, we’ll explore the legal obligations of employers in Scotland, define what workplace injuries are, and outline how to make a claim.
Table of Contents
- Employer responsibilities: Scotland
- What is considered an accident at work in Scotland?
- What type of damages can you claim compensation for?
- How to make an accident-at-work claim in Scotland?
- The benefits of using Jones Whyte's accident-at-work solicitors
- Key takeaways
- Frequently asked questions
Employer Responsibilities: Scotland
Under Scottish Law, employers are legally obligated to follow health and safety regulations to minimise workplace injuries. This ensures employees’ safety remains a top priority.
Here is a breakdown of an employer’s key responsibilities:
Duty of Care
Under The Health and Safety at Work Act 1974, employers must prioritise their employees’ health, safety, and welfare. This includes taking reasonable steps to prevent accidents and injuries in the workplace by implementing effective safety measures.
Risk assessments
Employers are required to conduct regular risk assessments to identify potential workplace hazards, such as:
- Evaluating risks associated with equipment, material, work processes, and the structural integrity of the business premises.
- Document findings and implement measures to mitigate the likelihood of an accident happening.
- Provide employees with these key findings and information on emergency procedures.
- Should workplace accidents occur, they must be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013.
Training
Employers must provide the necessary training regarding health and safety procedures pertaining to employees’ respective roles. This includes, but is not limited to:
- Training on the correct use of machinery and equipment.
- Provide information on the potential hazards associated with their work.
- Provide ongoing “refresher” training throughout the year to ensure employees are continuously updated.
Employers must develop a written health and safety policy that outlines their commitment to maintaining a safe workplace. This policy must be accessible to all employees at all times.
Provide Personal Protective Equipment (PPE)
Where risks cannot be avoided through controlled means, employers must provide the necessary PPE free of charge, such as:- Reflective jackets
- Hard hats
- Safety gloves and goggles
- Face masks
- Protection clothing
Other
In the workplace, employers must also:- Ensure there is adequate lighting, ventilation, and temperature control in the places of work.
- Ensure walkways, corridors and stairwells are free from clutter and obstructions.
- Provide clean drinking water and sanitation facilities.
- Regularly consult with employees (or trade unions) on health and safety matters.
What Is Considered An Accident-At-Work In Scotland?
A workplace injury in Scotland is any personal injury sustained while carrying out work duties. These injuries must be directly linked to your work activities in order to claim compensation. For example, slipping on a wet floor in the office would be considered a workplace injury, but an injury sustained during your commute would not. Most accidents at work are caused by negligence or when employers fail to implement the proper health and safety regulations.1. Slips, trips, and falls
Here are a few common causes of slips and falls in the workplace, whether in the office or on a construction site:
- Slippery floors
- Uneven surfaces
- Cluttered walkways
- Loose cables
- Poor lighting
2. Muscle strains and sprains
Overexertion injuries, including strains and sprains, are commonly seen in physically demanding jobs like construction, farming, and warehousing. They often result from lifting heavy objects, repetitive movements or poor ergonomics practices.
Repetitive strain injuries (RSIs) such as carpel tunnel or tendonitis are common injuries among office and assembly line workers.
3. Injuries from falling objects
Falling objects, such as items from collapsed shelving or scaffolding or those dropped by coworkers, also pose a risk in the workplace. These incidents are typically seen in warehousing, construction, office, and retail environments.
4. Cuts, lacerations and burns
Cuts, lacerations, and burns often result from accidents with machinery, tools, knives, or hot surfaces. These are particularly common in construction, office, or restaurant settings. While many cuts and burns are minor, there is always a risk of more serious injuries requiring stitches or leading to infection.
For instance, a chef’s apprentice cuts themselves using newly sharpened knives or a barista scolds their arm on a faulty coffee machine.
5. Exposure to toxic fumes
Long-term exposure to toxic fumes can lead to a variety of health problems, including respiratory issues, skin irritations, headaches, dizziness, or, in severe cases, even death.
6. Vehicle collisions
Vehicle accidents can be a significant workplace hazard. Whether you do deliveries, drive taxis, or operate heavy machinery, there’s always the risk that something could happen. These injuries can range from minor bumps and bruises to more significant injuries that require hospitalisation.
What Type Of Damages Can You Claim Compensation For?
If you’ve been injured at work, you may be entitled to claim compensation for various types of damage through an accident-at-work claim. Depending on the severity of your injuries, this can range from short-term medical expenses to long-term care costs.
Let’s take a closer look:
General damages
This refers to the compensation for pain, suffering, and loss of amenity (PSLA) caused by a workplace injury. Injuries are compensated based on the severity and the impact it has on your life. For instance, those resulting in long-term disability or chronic pain usually pay out higher compensation amounts compared to minor sprains.
Here is a rough estimation:
- Multiple injuries and monetary losses (very serious) = £250,000+
- Mild tinnitus = Up to £7,780
- Chronic asthma (mild) = Up to £5,710
- Wrist injury (severe) = £13,970 – £27,180
- Finger injury (fracture) = £10,110 – £13,570
- Minor repetitive strain injury (RSI) = £2,450 – £3,920
Special damages
Special damages refer to the compensation for financial losses or expenses related to the incident, such as:
- Medical expenses: Costs for treatment, rehabilitation, therapy, and any other medical care.
- Psychological impact: Compensation claims can include psychological trauma resulting from the accident at work, such as anxiety, post-traumatic stress disorder (PTSD), and depression.
- Loss of earnings: Compensation for lost income during recovery.
- Future loss of earnings: If the injury affects your ability to work in the future, compensation is calculated to cover projected future income loss.
- Travel expenses: Costs incurred by travelling to and from medical treatment appointments or therapy sessions if you are unable to drive yourself (e.g. taxi fares).
- Care costs: Compensation to cover medical care expenses associated with caregivers or live-in nurses.
- Out-of-pocket expenses: Accident-at-work claims can also include other expenses directly related to your injury, such as medications or home/vehicle modifications.
How To Make An Accident-At-Work Claim In Scotland
Follow these steps to start your personal injury claim in Scotland:
Step 1: Seek medical attention
Your health is your top concern. If you’re involved in a workplace accident, you must go to the doctor or visit the A&E as soon as possible.
Step 2: Report the incident
Inform your employer or supervisor about the accident. It’s the employer’s responsibility to document, record, and investigate workplace accidents.
If the injury is serious (fractures, loss of consciousness, fatalities, etc.), your employer must report it to the Health and Safety Executive (HSE) under the Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
Step 3: Contact personal injury solicitors
Contact a personal injury lawyer specialising in workplace accidents. At Jones Whyte, we will help you gather the required paperwork and evidence to accompany your personal injury claim. Our Glasgow-based team works on a no-win, no-fee basis, so you only have to pay legal costs if your case is won.
Step 4: Gather evidence
To strengthen your case, our legal team will help gather supporting evidence, such as:
Details about the accident scene – time, date, location.
Photographs of the accident scene
CCTV footage (if possible)
Eye witness statements from anyone who may have seen the accident.
Medical records detailing your injuries and treatment (X-rays, doctor reports, ambulance records, etc.).
A record of any financial losses such as medical bills, medication costs or other out-of-pocket costs resulting from the accident at work.
A copy of your employer’s health and safety legislation.
Step 5: Start the claims process
Under the Prescription and Limitation (Scotland) Act 1973, you have three years from the date of your workplace accident to make personal injury compensation claims.
Jones Whyte will guide you through the entire claims process from start to finish, ensuring sufficient evidence is gathered and submitting accident at-work claims with your employer’s insurance company on your behalf.
Step 6: Settlements or litigation
You will receive fair compensation if your work injury compensation claim is successful outside of court. If your employer chooses to offer a less-than-ideal settlement or decides to dispute the workplace injury claim, our solicitors will prepare the case for trial.
The Benefits Of Using Jones Whyte’s Accident-At-Work Solicitors
Here’s why partnering with Jones Whyte as your chosen accident-at-work lawyer is a smart move:
Legal expertise: Our Glasgow-based work injury compensation specialists have decades of combined experience, solidifying our position as one of the leading law firms in Scotland.
Personalised solutions: We understand no two work injury claims are the same and tailor our approach to each of our clients to ensure the best possible outcome.
Compliance: We are accredited by the Law Society of Scotland, ensuring your legal matters are above board and compliant with Scots Law.
No win, no fee: We work on a no-win, no-fee basis, meaning you will only pay for our services if your case is won.
Key Takeaways
- Employers have a legal duty to ensure employees work in a safe environment.
- You may be eligible for personal injury claims should you be injured due to a workplace accident in Scotland. These can range from trips, falls and minor cuts to more severe car accidents or permanent disability.
- You have three years from the date of injury to pursue a personal injury claim in Scotland.
- Compensation claims are calculated on the severity of your injuries and how the accident impacts your life. More serious injuries generally pay higher compensation than minor bumps, bruises, and sprains.
- Jones Whyte’s professional work injury lawyers will help guide you through the claims process. With a deep understanding of Scottish Law, we ensure you receive maximum compensation.
Jones Whyte Is Here To Help
We understand that work injuries can be painful, stressful, inconvenient, and financially draining. Whether you’ve suffered minor or severe injuries due to your employer’s negligence, Jones Whyte’s professional team will help you easily navigate the complexities of personal injury compensation claims. Contact us today.Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
