The term ‘personal injury claim’ can actually cover a very wide range of different compensation claims. If you’ve been injured, and you think someone else may have been responsible, it can be helpful to know these different types so that you can better explore your legal rights.
This brief guide aims to explain some of the main types of personal injury claim so that you can focus on the one which best fits your circumstances.
Accident at work claims
Given the amount of time the average person spends at work, it is perhaps unsurprising that claims after an accident at work make up a significant proportion of personal injury claims.
Employers are legally obliged to look after their workers’ health and safety. So if anything they have done (or not done) causes you to suffer an injury at work, it’s likely you will have good grounds for an accident at work personal injury claim.
Examples include:
- Suffering injury in a trip or fall in the workplace due to a hazard which shouldn’t have been there
- Being injured by a faulty machine, or defective equipment, which your employer hasn’t kept in good condition or replaced, despite knowing of the issues
- Being required to lift heavy objects without proper tools, assistance, or training, and suffering an injury as a result
Also be aware that:
- Employers can be held responsible for the conduct of their workers. So if a colleague has caused your injury, you will often still have a claim against your employer.
- You don’t necessarily have to be ‘at work’ – i.e. in the workplace – to have grounds for an injury claim. Your employer has to take reasonable steps to protect your safety when doing your job, no matter where you are working.
Road traffic accident claims
Road traffic accident personal injury claims involve injuries caused by another road user whilst you were either in a vehicle (as a driver or passenger) or using the road in some other way – as a pedestrian, cyclist, or motorcyclist etc.
All road users have certain legal responsibilities for the safety of other road users. So if someone has been careless or dangerous in their driving or use of the road, they can be held liable for any injuries they cause.
Examples include:
- Another driver changing lanes when it’s unsafe and colliding with your vehicle.
- Someone pulling their vehicle out of a side road into the path of your bike.
- A drunk driver mounting the pavement with their vehicle and hitting you as you are walking.
Also be aware that:
- Since changes to the law in 2021, most minor road traffic accident claims are dealt with through a government-run online portal, and without the need for legal representatives. Compensation is awarded on a fixed tariff based on the extent of your injuries. Claims involving serious injuries, or where you were injured as a pedestrian, cyclist, or motorcyclist, aren’t affected by these changes.
- You can often make a claim to the Motor Insurers’ Bureau (MIB) if you cannot trace the driver who hit you, or they are uninsured.
Accidents in public places
Personal injuries of this type will usually involve trips, slips, or falls in public places. You might also hear them referred to as public liability claims – because people and businesses who allow the general public onto their land or premises have a legal responsibility to take reasonable steps to keep those visitors safe.
Examples of such accidents are:
- Tripping or slipping in a supermarket on a spillage, discarded packaging, or other hazard
- Being hit by an shop sign or awning which wasn’t properly secured
- Slipping on a wet floor in an airport which had no warning sign
Criminal injury and assault claims
If you’ve been injured through a violent crime, you may be able to make a civil law claim for compensation.
Trying to recover compensation from the criminal who injured you is very rarely possible. But the government operates a compensation scheme through the Criminal Injuries Compensation Authority (CICA) which can help victims of violent crime recover some financial redress.
In some situations, however, someone other than your attacker may have some legal responsibility for your injury, and you may be able to claim personal injury compensation from them. Some examples would be:
- If you were assaulted at work, your employer may be liable if they did not do enough to protect you from the risk of assault
- If you were assaulted when another person or organisation was responsible for your safety – such as if you were attacked whilst in a hospital or care home.
