Apprentice Accidents at Work

How to File a Personal Injury Claim

Apprenticeships are a great way for young people to earn a wage and gain experience, but there are apprentice accidents at work which can happen. Employers do have a legal obligation to ensure the safety of all their staff and apprentices face the same workplace risk as any other employee.

Recently the Health & Safety Executive (HSE) reported on an accident where an apprentice was injured on site. The 17 year old apprentice bricklayer was working on a new build construction site. He fell more than two metres when a temporary stairwell collapsed. The housebuilder was subsequently fined £800,000.

As an apprentice, you may be entitled to make a personal injury claim for compensation if there was employee negligence or unsafe conditions. Knowing when you can make a claim and taking prompt action after an accident may make all the difference.

If you’re unsure whether your injury qualifies for a claim, speak to us for a free no-obligation consultation. We work with experienced solicitors who offer a ‘No Win, No Fee’ service and can help assess whether you have a case.

Do Apprentices Have the Same Rights as Other Employees?

Yes. Under law, apprentices have many of the same rights and protections as full-time employees. This includes the right to work in a safe environment. Your employer has a legal duty of care to ensure your health, safety, and welfare while you are at work. Employers should:

Provide appropriate training and supervision.
Carry out risk assessments.
Provide personal protective equipment (PPE) where necessary.
Ensure equipment and machinery is maintained to a safe standard.

If your employer fails to uphold these responsibilities, and you suffer an injury as a result, you may have grounds to file a personal injury claim.

When Can You Make a Personal Injury Claim?

You can make a personal injury claim if:

You suffered an injury at work.
The accident occurred due to your employer’s negligence.
The injury happened within the last three years

Examples of employer negligence which can lead to injury may include:

Failure to provide adequate training.
Unsafe work environments.
Faulty machinery or equipment.
Lack of supervision.
Ignoring health and safety protocols.

Types of Apprentice Accidents and Injuries

Apprentices often work in industries with potential hazards such as construction, engineering, hospitality, and healthcare. Common types of apprentice accidents at work include:

Slips, Trips, and Falls: Wet floors, uneven surfaces, and poorly lit areas can cause serious injuries.
Machinery Accidents: Improperly maintained or incorrectly used equipment can result in amputations, crush injuries, and lacerations.
Falls from Height: Working on scaffolding, ladders, or platforms poses a risk for falling.
Manual Handling Injuries: Lifting or carrying heavy items without proper technique or assistance.
Exposure to Hazardous Substances: Inhaling or coming into contact with dangerous chemicals.
Repetitive Strain Injuries: Continuous use of certain tools or machinery without breaks or ergonomic support.

The severity of injuries can range from minor cuts and bruises to severe injuries, such as head trauma.

How to File a Personal Injury Claim

Filing a personal injury claim as an apprentice involves several key steps:

Seek Medical Attention: Your health should be your priority. Ensure your injuries are properly treated and keep medical records.

Report the Incident: Inform your supervisor or employer immediately. Make sure the accident is logged in the company’s accident book.

Gather Evidence: Collect as much evidence as possible, which can include:

Photographs of the accident scene.
Witness statements.
Medical reports.
Copies of training records and risk assessments.

Most personal injury claims can be handled on a “No Win, No Fee” basis, meaning you won’t have to pay legal fees if your claim is unsuccessful.

Time Limits for Making a Claim

The standard time limit for making a personal injury claim is three years from the date of the accident or from when you first became aware of your injury. However:

If you were under 18 at the time of the accident, the three-year period begins on your 18th birthday.
If you lack mental capacity, there may be no time limit until capacity is regained.

It is crucial to seek legal advice as soon as possible to ensure you do not miss this deadline.

Can You Be Fired for Filing a Claim?

No, it is unlawful for your employer to dismiss you or treat you unfairly because you have filed a personal injury claim. This would amount to unfair dismissal and potentially victimisation, both of which are prohibited under employment law.

If your employer threatens or retaliates against you for making a claim, you should seek legal advice immediately.

Compensation for Apprentice Accident Claims

Compensation for workplace injuries typically falls into two categories:

General Damages: For pain, suffering, and loss of amenity.
Special Damages: For financial losses such as medical expenses and loss of earnings.

The amount you receive will depend on the severity of your injury, the impact on your life, and your financial losses. Your personal injury lawyer will be able to advise you on the potential compensation for your claim.

Start Your Claim For Compensation

If you’ve suffered an injury due to poor safety measures, lack of training, or faulty equipment, you may be entitled to claim compensation. It is essential to act within the legal timeframe, so it is worth getting legal advice early as to whether your claim is viable.

At Jefferies Claims, we will guide you through the claims process. We partner with experienced lawyers who will assess all aspects of your case and who work on a ‘No Win, No Fee’ basis.

Contact Jefferies Claims today at 0333 358 3034 or complete our online contact form to arrange an initial no-obligation telephone consultation.