Internal Injury at Work – A Guide to Claiming Compensation

Some workplace accidents don’t always cause any obvious injuries. However, even when visible symptoms aren’t present, it’s possible that you may have suffered an internal injury, especially in accidents involving blunt force trauma. In this guide, you’ll read about the types of internal injuries that could be sustained in an accident at work and when it might be possible to make an internal injury claim.

If you wish to make an internal injury claim, we can help. Our team provides free legal advice as part of our initial consultation service. There’s no obligation to take things any further but if your claim is feasible, we could connect you with one of our accident-at-work solicitors. Crucially, as all internal injury compensation claims are dealt with on a No Win, No Fee basis, you’ll only pay your solicitor for their time and effort if you receive a compensation payout.

To arrange a free initial assessment of your claim, you can:

• Call our legal advisors on 0333 241 2519.
• Connect to our live chat service right away.

There’s more information on how to claim for an internal injury claim at work throughout this guide. If you have any questions along the way, please feel free to contact us.

Can I Make an Internal Injury at Work Claim?

Section 2(1) of the Health and Safety at Work etc. Act 1974 states that it is the “duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees”. This paragraph defines the employer’s duty of care towards staff welfare.

Some of the practical steps employers can take that could reduce the risk of internal injuries at work include:

• Providing staff with equipment that is safe, fit for purpose and properly maintained.
• Ensure staff are trained on workplace safety procedures regularly.
• Provide free Personal Protective Equipment (PPE) where it is needed.
• Conduct risk assessments of the workplace regularly and try to remove any potential hazards.
• Involve staff when implementing new health and safety policies and procedures.

As per the criteria above, an employer could be deemed negligent if they fail to take such steps. As such, you could be entitled to compensation for any internal injuries sustained as a result of that negligence if you can show that:

• At the point you were injured, your employer had a legal duty of care towards your safety.
• The accident occurred because that duty was not upheld.
• As a result of the accident, you have been diagnosed with an internal injury.

Evidence can improve your chances of receiving compensation for an internal injury at work so we’ll discuss the types of information you could provide to support your claim shortly.

What Types of Negligence Can Lead to an Internal Injury Claim?

Internal injuries could be sustained in a variety of workplace accidents. Here are a few examples of incidents caused by employer negligence that could lead to an internal injury claim:

• A warehouse worker was pinned to the wall and suffered a punctured lung when they were hit by a forklift that was being operated by an untrained driver.
• A care assistant suffered internal abdominal injuries while attempting to lift a patient without proper equipment or manual handling training, despite repeatedly requesting assistance or appropriate tools from their employer.
• Due to a poorly maintained vehicle, a delivery driver was diagnosed with internal bleeding after the vehicle collided with a tree after its brakes failed.
• A construction worker suffered multiple internal injuries after they fell off a roof because they’d not been trained on how to work at height safely.

If you’ve been involved in any other type of accident that resulted in an internal injury at work, please get in touch so that we can review your claim for free.

Types of Internal Injuries at Work We Can Help With

It is possible to sustain various different internal injuries following an accident at work. Some of the most common include:

• Internal bleeding – caused by blood vessel damage anywhere in the body.
• Punctured lungs.
• Liver damage.
• Kidney injuries.
• Rib injuries.
• Diaphragm rupture.
• Spleen injuries.
• Aortic aneurysm.

Many of these types of internal injuries can be caused by direct trauma to the body as a result of the accident. Generally, this is blunt force trauma where the skin is not broken but internal injuries can also occur due to penetrating trauma caused by sharp objects.

What Should I Do If I Sustain an Internal Injury at Work?

If you suspect you’ve suffered an internal injury following a workplace accident, you should:

• Visit A&E or call 999 if your symptoms are severe. Internal injuries can be life-threatening and require prompt treatment.
• Inform your manager or supervisor about the accident and follow it up in writing.
• Ensure the incident is documented in the workplace accident book, as this can serve as evidence if you decide to make an internal injury claim.
• Keep records of your symptoms, treatment and recovery process and copies of medical reports or prescriptions.

Taking these steps can help protect your health and provide evidence if you pursue an internal injury claim.

What Evidence Can Be Used for an Internal Injury Claim?

All of the following evidence could be relevant if you wish to claim for an internal injury at work:

• Photographs taken at the accident scene to help identify the cause of the incident.
• A copy of an accident report form to confirm where and when you were injured.
• Medical records from your GP or the hospital to confirm the extent of your injuries.
• Details of those present when your accident occurred in case witness statements are required.
• Video footage that captured your accident (CCTV, dashcam, body cam etc).

Don’t worry if you don’t have everything listed here to support your case. We’ll assess the merits of your claim for free and one of our solicitors may offer to collect further evidence to prove your case if it is taken on.

How Long Do I Have to Claim Internal Injury Compensation?

In law, there is a 3-year time limit that must be adhered to in personal injury claims. This is set by the Limitation Act 1980. Generally, this begins on the date the accident occurred.

However, internal injuries are not always immediately obvious. In these cases, the start of your limitation period could be extended to your ‘date of knowledge’. This is the date when a medical professional diagnoses your internal injury and links it to your accident at work.

To try and ensure that your claim is filed on time, we suggest starting the claims process as soon as possible. As such, if you’ve suffered an internal injury at work, why not call our legal advisors now to see if you could be compensated for your suffering?

How Much Compensation for an Internal Injury at Work?

Compensation for work-related internal injuries is normally based on:

• General damages – to cover the physical and psychological suffering your internal injury has caused.
• Special damages – to recoup any costs, financial losses or expenses caused by your injuries.

If your accident-at-work solicitor proves that your employer is to blame for your internal injury at work, the claims process will move on to determining the correct level of compensation.

To help with this process for general damages, medical records and independent medical reports will be collected. Your solicitor may then look for the appropriate compensation range for your injuries in the Judicial College Guidelines (JCG).

Some examples of the types of special damages that could also be included in a compensation payout are:

• Medical costs including the cost of private surgery.
• Travel expenses (covering trips to and from the hospital for example).
• Home adaptation costs if changes are required to improve your quality of life.
• Care and support costs.
• Loss of earnings.
• Future loss of earnings if your ability to earn is reduced by your internal injuries.

Special damages can cover both current and future financial losses. As such, if your case is handled by one of our solicitors, they’ll take time to consider the full implications of your internal injuries before agreeing to settle your claim.

Can I Claim Internal Injury Compensation if I’m Not a Full-Time Employee?

We’re often asked if workers other than full-time employees can make an accident at work claim. Therefore, it’s important to point out that no matter what type of employee you are, you can expect the same level of protection from your employer when it comes to workplace health and safety.

As such, if you’ve sustained an internal injury in an accident at work, one of our solicitors could help you to claim if you’re a temp, agency worker, self-employed worker, consultant, zero-hours worker or subcontractor.

Please call now for more information.

Will I Need a Solicitor to Make an Internal Injury Compensation Claim?

Claiming compensation for an internal injury at work can be a tricky process involving some technical medical and legal questions. Therefore, to reduce the burden on you throughout the claims process, you might decide to find a solicitor to represent you.

Some of the ways our solicitors can help in internal injury claims include:

• Collecting evidence (witness statements, medical records, investigation reports etc) to support your claim.
• Sending the claim on time to your employer and their insurers.
• Shielding you from direct questioning during the claims process.
• Fighting your corner and trying to achieve the maximum level of compensation possible.
• Sending you regular updates about how your claim is progressing.

If your internal injury claim is accepted, all of the above work will be dealt with on a No Win, No Fee basis.

Will My Claim End Up in Court?

In our experience, most accident at work claims do not go to court. Generally, once liability for the incident has been agreed upon, your solicitor and your employer’s insurers will try to determine a suitable compensation settlement amicably.

However, in some cases, court hearings may be sought if your solicitor believes that a settlement offer is unfair or if your employer simply won’t agree to liability for the incident.

How Long Do Internal Injury Claims Take?

There is no set timeframe for accident at work claims and different factors can affect how long an internal injury claim might take. Here are a couple of scenarios:

1. You were diagnosed with internal bleeding following an accident at work but a full recovery was made without surgery. Your employer accepted liability for the accident quickly so you could expect compensation to be paid out in less than 6 months.
2. Following a serious fall from height, you sustained severe lung damage. While your employer admitted liability, medical experts needed extra time to ascertain the permanent consequences of your injuries. As such, your claim could take more than a year to be finalised.

Crucially, where claims take a while to be processed, interim compensation payments might be paid. These can help you deal with the immediate financial implications of your injuries (lost earnings, care costs, travel expenses etc).

Contacting Us About an Internal Injury at Work Claim

If you or a loved one has sustained an internal injury at work through no fault of your own, contact us now to find out if you are entitled to claim compensation. To do so, you can:

• Phone 0333 241 2519 to speak with a legal advisor.
• Use our free live chat service to discuss matters online.

When you reach out to us, your claim will be assessed for free. No obligation legal advice will be provided to help you decide upon your next steps. If your internal injury claim is feasible, one of our solicitors may agree to represent you. If they do, their work will be provided on a No Win, No Fee basis.