This is a guide about how to make a personal injury claim following an accident at work in Scotland. If you would like to claim for an injury at work that occurred in Scotland, you do not need to be in Scotland to claim workplace injury compensation. However, your claim must be made through the Scottish litigation process. 

You may have questions, such as ‘can I claim for an injury at work?’. Employers owe employees a duty of care while they are carrying out work duties. If this is breached and an injury occurs, you might be eligible for compensation. We examine the circumstances that could entitle you to sue your employer. 

Evidence needs to be submitted to support work injury claims. We look at evidence that could support a claim for compensation after an accident at work in Scotland. If you are seeking a compensation payout, you must start your claim within the relevant time limit, which we will address further on in this guide. 

A solicitor specialising in workplace injuries could support your claim on a No Win No Fee basis. They could help with the evidence process as well as ensuring that it is filed on time and in full. We explain what No Win No Fee means in terms of funding your compensation claim. 

Our advisors can help answer any questions you have about the workplace injury claims process 24 hours a day, 7 days a week. To speak to us:

• Call the number at the top of the page. 
• Use our live chat feature at the bottom of the page. 
• Fill out our contact form.

Choose A Section

1. How To Claim For An Accident At Work In Scotland – A Guide
2. When Are You Able To Claim For An Accident At Work In Scotland?
3. What Evidence Could Help You Make An Accident At Work Claim?
4. Potential Compensation You Could Receive From An Accident At Work In Scotland
5. Contact Our Panel Of Solicitors To Claim For An Accident At Work On A No Win No Fee Basis
6. Learn More About Work Injury Claims

How To Claim For An Accident At Work In Scotland – A Guide

For your accident at work claim to be valid, you must be able to prove that your injuries were caused by a breach of the duty of care that is owed while you are at work. The duty of care is set out in Section 2 of the Health and Safety at Work etc. Act 1974 (HASAWA). It states that employers must take steps that are reasonable and practicable to ensure the safety of employees. 

This means that if you suffered an injury because your employer did not take reasonably practicable steps to ensure your safety, you might be able to sue your employer for negligence. For example, if an object was left in a walkway and you tripped, injuring your back, you might have a valid reason to sue your employer for a workplace injury. This is because maintaining good housekeeping is part of an employer’s duty of care. 

Call our advisors to find out more about work injury claims. If your case is valid, they could connect you with a No Win No Fee solicitor from our panel. 

When Are You Able To Claim For An Accident At Work In Scotland?

There are three conditions that need to be met in order for you to be able to claim following an accident at work. You must have been owed a duty of care at the time and place of the incident, your employer must have breached the duty of care that they owe you, and you must have been injured as a direct result of this.

Examples of negligence at work could include:

• Faulty equipment. Equipment checks must be carried out when appropriate. Faulty equipment must not be used until it is repaired. It is up to your employer to ensure that equipment is well-maintained and safe to use. 
• Inadequate training. Your employer should provide you with free and appropriate training to do your job safely. Failure to do so could result in injuries. 
• Inadequate personal protective equipment (PPE). Your employer should provide suitable PPE free of charge if you need it to carry out your job safely. 

Call our advisors to discuss the circumstance that resulted in your accident at work in Scotland. 

What Evidence Could Help You Make An Accident At Work Claim?

In this section, we look at what steps you could take after a workplace accident that could help support your claim. As part of the claims process, you will need to submit evidence that proves employer negligence caused your injuries. You could also provide evidence about how your quality of life was impacted by your injuries to ensure that you’re fully compensated for the impact they have had. 

Evidence to support an accident at work in Scotland claim could include:

• Witness contact details.
• Medical records.
• CCTV footage. 
• A report from the accident log book. 

You may wish to seek the support of workplace accident solicitors. A solicitor with specialist knowledge of workplace injury claims could help you gather evidence. For example, they could help by collecting statements from any witnesses. 

Injury At Work Claim Time Limit

If you’re claiming for your accident at work in Scotland, you must start your claim within the three-year time limit. This is set by the Prescription and Limitation (Scotland) Act 1984. This is three years from the date of the accident at work, or three years from the date that you knew (or should have known) employer negligence was connected to your injuries. 

However, certain circumstances suspend the time limit. These include:

• The time limit is suspended indefinitely for claimants who lack the mental capacity to start their own claim. 
• Should a person under the age of 16 experience a workplace injury, the time limit is suspended until their 16th birthday. 

Call our advisors for information about the time limit that applies to your case. 

Potential Compensation You Could Receive From An Accident At Work In Scotland

You may have searched for a workplace injury claim calculator. However, as every personal injury claim is different, they may not be helpful for you. For example, in slip, trip and fall claims, you could seek reimbursement for any property damaged in the accident, meaning that the amount awarded is different, even if they suffered the same injuries. 

To compensate for pain and suffering, you could receive general damages. To help understand how injuries are assigned value, we’ve provided a few examples of compensation brackets from the Judicial College Guidelines (JCG) by Judiciary UK. It is the same document used by legal professionals to help assign value to the general damages head of personal injury claims. 

Injury	Notes	Compensation bracket
Severe leg injuries (ii) very serious	Permanent mobility problems caused by the injury.	£54,830 to £87,890
Lung diseases (c)	Significant impairment and worsening lung functioning that restrict daily activities.	£54,830 to £70,030
Severe back injuries (iii)	Disc lesions, fractures or soft tissue injuries causing chronic condition and disabilities.	£38,780 to £69,730
Less severe brain damage	A good recovery made with a normal return to activities However, some problems may persist, such as with memory and concentration.	£15,320 to £43,060
Wrist injuries (b)	Some useful movement may be present, but overall, the injury causes significant permanent disability.	£24,500 to £39,170
Moderate neck injuries (ii)	Serious movement limitations and permanent pain with increased vulnerability from soft tissue injuries or severe disc lesion causing cervical spondylosis.	£13,740 to £24,990
Arm injuries	Simple forearm fractures.	£6,610 to £19,200
Serious toe injuries	Multiple fractures of two or more toes or serious injury to the great toe causing some permanent disability.	£9,600 to £13,740
Modest ankle injuries	Less serious fractures, sprains and ligamentous injuries.	Up to £13,740
Nose or nasal complex fracture (ii)	A complete recovery can only occur after surgery from a displaced fracture.	£3,950 to £5,100

Special Damages In A Workplace Accident Claim

There is a second head that you could receive in a personal injury claims called special damages. It is under this head that you could receive reimbursement fo financial losses caused by their injuries. You might need to present evidence of your expenses with invoices, payslips or receipts. 

Special damages could reimburse you for:

• Lost wages. 
• Medical costs. 
• Travel costs. 
• Repairs or replacements of property damaged in the accident. 

Call our advisors for a free estimate of your accident at work in Scotland claim. 

Contact Our Panel Of Solicitors To Claim For An Accident At Work On A No Win No Fee Basis

If you decide to seek legal representation, you could hire a No Win No Fee solicitor. Working with a solicitor could benefit you by allowing you to access their guidance and support. 

The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 is a piece of legislation that allows a lawyer to take a claim on under a Speculative Fee Agreement or a Damages Based Agreement. Generally, this means there’s nothing to pay for your lawyer’s services in the event of an unsuccessful claim.

Should your accident at work in Scotland claim prove successful, your lawyer will take a success fee from your work injury compensation. This amount is legally capped. 

Want Free Legal Advice? Contact Our 24/7 Advisors For Free

Free legal advice is available from our advisors. They can answer your questions and help you get your accident at work in Scotland started. To get in touch:

• Call the number at the top of the page. 
• Use the live chat feature. 
• Fill out our contact form.

Learn More About Work Injury Claims

These links might be helpful:

• Health and Safety Executive (HSE) in Scotland
• NHS First Aid
• Request CCTV Footage Guide

Writer Danielle Bump

Publisher Fern Slow