What Are Special Damages in Accident at Work Claims?

Written by Tanya Waterworth, Digital Content Writer

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

Here’s What You Can Claim If Injured at Work

If you have been injured in an accident at work that was not your fault, you may be eligible to claim compensation. Many people know that personal injury claims exist, but fewer understand how compensation is calculated or what they can claim for. In England and Wales, compensation in workplace accident claims usually consists of special damages and general damages.

Our team partners with experienced personal injury lawyers who offer a free consultation to advise on whether you have a potential claim.

Making a Personal Injury Claim After an Accident at Work

Employers in England and Wales are legally required to protect their employees under strict health and safety legislation. This duty includes providing safe working conditions, adequate training, suitable equipment, and proper supervision.

However, if you suffer an injury because your employer failed to meet these responsibilities, you may be able to make a personal injury claim. Workplace accident claims often arise from incidents such as slips and trips, manual handling injuries, falls from height, defective equipment, or inadequate safety procedures.

It’s worth noting that you can pursue a claim even if the accident was unintentional – as long as employer negligence caused or contributed to your injury.

What Are Special Damages in Personal Injury Claims?

Special damages compensate you for the financial losses and expenses caused by your injury. The purpose of these damages is to ensure that you are not left out of pocket because of an accident that was not your fault.

Unlike general damages, special damages must be supported by evidence such as receipts, payslips, or invoices.

Examples of Special Damages You Can Claim

1. Loss of Earnings

If your injury prevents you from working, you can claim compensation for:

• Lost wages during your recovery
• Reduced income due to part-time or lighter duties
• Missed overtime, bonuses, or commission
• Loss of future earning capacity if your injury has long-term effects

Loss of earnings often forms one of the largest parts of a workplace injury claim.

2. Medical Costs

You can claim back the cost of treatment related to your injury. This may include:

• Physiotherapy and rehabilitation
• Counselling or psychological therapy
• Specialist consultations
• Prescription medication
• Private medical treatment or surgery

3. Travel Expenses

You may recover reasonable travel costs incurred due to your injury, such as:

• Travel to and from medical appointments
• Mileage costs
• Parking fees
• Taxi or public transport fares

These expenses can accumulate over time and should be fully documented.

4. Care and Assistance

If you require help during your recovery, special damages can cover:

• Personal care assistance
• Domestic help such as cleaning and cooking
• Childcare support
• Assistance from family or friends

Courts recognise unpaid care, meaning you can still claim for help provided by loved ones.

5. Equipment, Aids, and Adaptations

You can claim for items needed to support your recovery, including:

• Mobility aids
• Braces or supports
• Home or vehicle adaptations
• Workplace adjustments

These costs are recoverable if they result directly from your injury.

6. Other Financial Losses

Special damages may also include:

• Increased household bills
• Replacement services you can no longer perform
• Damage to personal belongings during the accident

Every reasonable expense linked to your injury should be considered.

What Are General Damages?

While special damages address financial loss, general damages compensate you for the pain, suffering, and loss of amenity (quality of life) caused by your injury.

General damages take into account:

• Physical pain and discomfort
• Emotional distress and psychological injury
• Impact on daily life and hobbies
• Long-term or permanent disability

These damages do not require receipts, but they rely heavily on medical evidence.

How General Damages Are Assessed

Courts and insurers assess general damages using:

• Independent medical reports
• The Judicial College Guidelines
• Previous case law for similar injuries

The severity of the injury, recovery period, and long-term impact all influence the compensation amount.

 

The Difference Between Special and General Damages

Special Damages	General Damages
Financial losses	Pain and suffering
Evidence-based	Medically assessed
Covers past and future costs	Covers quality of life impact
Includes earnings and expenses	Includes emotional and physical harm

Most workplace accident claims include both types of damages.

 

First Steps to Making a Personal Injury Claim

Taking the right steps after an accident at work can significantly strengthen your claim.

1. Seek Medical Treatment

Always obtain medical attention as quickly as possible after the accident. Medical records provide core evidence linking your injury to the workplace accident.

2. Report the Accident

Report the incident to your employer and ensure it is recorded in the accident book. This creates a formal record and supports your claim.

3. Gather Evidence

Evidence plays a key role in proving liability. Useful evidence includes:

• Photographs of the accident scene
• Witness contact details
• CCTV footage can provide strong evidence
• Risk assessments or maintenance records

4. Keep Financial Records

Retain all receipts, invoices, payslips, and bank statements related to your injury. These documents are crucial for claiming special damages.

5. Seek Expert Legal Help

We work with a panel of personal injury solicitors who are experienced in work injury claims and they can:

• Assess whether you have a valid claim
• Gather evidence and medical reports
• Calculate special and general damages accurately
• Handle negotiations with insurers on your behalf

Most claims are handled on a no win, no fee basis, meaning there is no upfront cost which allows you to focus on recovery.

Time Limits for Workplace Accident Claims

In England and Wales, you usually have three years from the date of the accident, or from the date you became aware your injury was caused by negligence,  to start your personal injury claim.

Missing this deadline can result in your claim being time-barred.

Can You Claim Against Your Employer Safely?

Yes. Making a legitimate claim should not put your job at risk, and the law protects employees from unfair treatment.

Why Special Damages Are Crucial in Workplace Accident Claims

Workplace injuries often cause far more than physical pain. Lost income, treatment costs, and ongoing care can place significant financial pressure on you and your family. Special damages ensure that these losses are recovered in full, rather than absorbed personally.

When combined with general damages, your claim reflects the true impact of your injury and helps you move forward with financial security.

As each case is unique, your personal injury solicitor can assess your claim and estimate a compensation amount for your injury.

Start Your Workplace Accident Claim Today

If you have suffered an accident at work that was not your fault, you may be entitled to claim compensation. Special damages play a vital role in personal injury claims by reimbursing financial losses.

Taking early action, keeping evidence, and seeking expert advice can significantly improve your chances of success. A personal injury claim does not just provide compensation – it helps you to recover and rebuild your life.

Contact us today at 0333 358 3034 or complete our online contact form to arrange your free, no-obligation telephone consultation.