Pitfalls to Avoid If Claiming for a Work Injury

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has more than 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

Taking The Right Steps After An Accident At Work

If you have suffered an injury at work, making the wrong decision at the wrong time can weaken your personal injury claim so here are the primary pitfalls to avoid if claiming for a work injury. Taking the wrong step may reduce the compensation you receive, and we’ve seen that many injured employees focus solely on their recovery and assume that the claims process is straightforward. Employers’ insurers and claims handlers generally examine every detail of a claim and mistakes may create unnecessary obstacles. Here’s our guide explaining the key mistakes to avoid when claiming for a workplace injury in England and Wales, why legal advice matters and what compensation may include.

1. Failing to Report All Medical Symptoms

Immediately after an accident, adrenaline may possibly mask pain and discomfort. In such a scenario, an employee who suffers a fall from height, a manual handling injury, or a slip on a wet floor may initially believe they have only suffered a minor injury. In fact, one of the most damaging mistakes an injured worker may make is not seeking medical attention or not telling the medical professional every symptom they are experiencing.  Then, days or weeks later, they may develop additional symptoms such as back pain, nerve damage or headaches which signify a more  serious injury.

If these symptoms are not documented in medical records at an early stage, insurers may argue that they are unrelated to the workplace accident. So, if you’ve been injured at work when you head to the hospital or your GP, make sure you disclose all your symptoms, no matter how minor they may seem. In a personal injury claim following an accident at work, comprehensive medical records are a vital link between the accident and your injuries.

In addition, many employers keep an accident book where you can also record your accident and injury, or alternatively you can email the details of your accident and injury to your employer to make sure there’s a record of what happened.

Under the UK’s Health and Safety Executive (HSE), companies are required to report certain serious injuries, occupational diseases or dangerous incidents under RIDDOR regulations.

2. Delaying Medical Treatment

It’s not unusual for some employees to delay treatment because they hope their condition will improve naturally, they do not ‘want to cause a fuss’ at work, or because they simply do not want to take time off work. This can potentially create two issues:

• Delayed treatment may allow an injury to worsen, potentially affecting long-term recovery.
• Insurers may use the delay to argue that the injury was not serious or that the employee contributed to the severity of the condition by failing to seek appropriate care.

Therefore, getting medical attention straight after the accident shows that you took your injury seriously and acted reasonably, while also creating a medical record that typically becomes important evidence later in the claims process.

3. Accepting the First Insurance Offer

Employers’ liability insurers sometimes make early settlement offers before the full extent of an injury is understood. But, while it may be attractive to accept such an offer, it may possibly leave you under compensated. Here’s an example:

An employee who suffers a shoulder injury may not initially realise that surgery, ongoing physiotherapy or future loss of earnings will be required. Once a claim settles, it is generally impossible to return later and seek additional compensation if the injury proves more severe than expected.

Before accepting any settlement offer, it is usually advisable to obtain independent legal advice from a personal injury solicitor who can assess whether the proposed amount reflects the true value of the claim. As a claims management company, we partner with personal injury solicitors are are experienced in work injury claims and who offer a free, no-obligation consultation to assess your case.

4. Giving a Statement Without Legal Advice

Following an accident at work, you may be contacted by your employer’s insurance to provide a recorded or written statement. While of course co-operation is important, many people can make unintentional comments such as “I’m feeling much better now” or “I wasn’t really paying attention” could be interpreted incorrectly and could be used against you later. Your personal injury solicitor can advise you on what to expect from the claims process and help to ensure that all the information you provide is accurate and properly in context.

5. Missing the Three-Year Time Limit

Under the Limitation Act 1980, most injury claims after an accident at work in England and Wales must be started within three years of:

• The date of the accident; or
• The date you became aware that your injury was linked to your work.

We’ve seen that often there tends to be an incorrect assumption that there’s plenty of time to seek legal advice. In reality, evidence can disappear quickly, CCTV footage of the incident may be deleted and relevant documents may be lost. Therefore, getting the process started early gives you solicitor more time to gather evidence and build a strong case.

6. Not Keeping Financial Records

You may find that your injury has resulted in unexpected financial losses such as

• Loss of earnings
• Reduced overtime income
• Prescription costs
• Travel expenses to medical appointments
• Rehabilitation expenses
• Care and assistance provided by family members

To recover such losses, it’s important to keep records of any financial impact as without documentary evidence, recovering these losses can become more difficult. So, keep all wage slips, receipts, invoices, mileage records which may show the financial impact of your injury.

7. Taking Advice from Unqualified Sources

People often seek advice from colleagues, friends, social media groups or online forums after an accident and much of this information can be inaccurate or out of date. It’s important to remember every claim is unique and therefore, depends on its own facts. This may include which of your employer’s responsibilities under health and safety may apply to your accident? What is the nature of your injury and what evidence is available. All of these factors can make a difference to your personal injury claim and your solicitor will understand current law, claims procedures and common insurer tactics.

8. Oversharing on Social Media

Social media activity can become relevant evidence in a personal injury claim. Insurance companies may review publicly available posts, photographs and videos to check whether they support or contradict the injuries being claimed. For example, if a claimant reports significant mobility problems but posts photographs of themselves going for a morning run, insurers may question the severity of their injuries. Therefore, think carefully about what you post on social media while your claim is ongoing. Avoid mentioning the accident, your injuries or the claim itself. Many people rely on their privacy settings, thinking they provide ample protection, but they should never be regarded as a complete safeguard.

Why Speak to a Personal Injury Solicitor?

Many individuals successfully recover compensation after obtaining specialist legal advice as personal injury solicitor can:

• Assess whether you have a valid claim
• Investigate the circumstances of the accident
• Obtain medical evidence
• Value your claim accurately
• Calculate financial losses
• Negotiate with insurers
• Protect you from accepting an inadequate settlement
• Ensure court deadlines are met

Our partner panel of personal injury solicitors not only offer a free, initial assessment, but they also offer No Win, No Fee agreements, known as Conditional Fee Agreements.

What Does Workplace Injury Compensation Usually Include?

Every claim is assessed individually based on the available evidence, so each will be different, but compensation generally consists of two different parts:

General Damages

These compensate for the pain, suffering and loss of amenity caused by the injury itself.

The amount depends on factors including:

• Severity of the injury
• Recovery time
• Long-term symptoms
• Impact on daily life
• Medical prognosis

Special Damages

These damages relate to any financial losses resulting from the accident, such as:

• Past loss of earnings
• Future loss of earnings
• Medical treatment costs
• Rehabilitation expenses
• Travel expenses
• Care costs
• Adaptations to the home where required

FAQs: Pitfalls To Avoid If Claiming For A Work Injury

What if my employer says I should not make a claim?

Employees have a legal right to pursue compensation following an accident at work where employer negligence has caused injury. Employers are generally required to hold employers’ liability insurance for these situations.

Should I report an accident even if the injury seems minor?

Yes because some injuries become more serious over time. Reporting the accident creates an important record of what happened and is often vital evidence in a personal injury claim.

How long does a workplace injury claim take?

The timeframe varies as straightforward cases may conclude within months, while complex claims involving serious injuries or disputed liability can take longer.

Will I have to go to court?

Most workplace injury claims settle before reaching a final court hearing. However, court proceedings may sometimes be necessary to protect your position or resolve disputes.

What To Do Next?

Making a workplace injury claim is not simply about proving an accident occurred. The way you handle your medical treatment, communications with insurers, financial records and online activity can all have an impact on the outcome of your case. By reporting all symptoms, seeking prompt medical care, preserving evidence, keeping detailed records and obtaining advice from a qualified personal injury solicitor, you can avoid common pitfalls and give yourself the best opportunity to secure fair compensation for your injuries and losses.

Our friendly team can guide you through a potential claim, so call us today at 0333 358 3034 or visit our Contact Page to discuss your potential claim.