Whiplash Injury at Work – A Guide to Claiming Compensation

Whiplash is perhaps one of the most common injuries sustained in road traffic accidents. It can result in a lot of pain, stiffness and discomfort that can affect many aspects of your day-to-day life. If you’ve suffered a whiplash injury at work because your employer or another road user was negligent, you might be entitled to seek compensation for your suffering. In this guide to claiming compensation for whiplash at work we’ll explore how whiplash claims work and when you might be entitled to take legal action.

We can help if you’re thinking of starting a whiplash compensation claim. If you contact our legal advisors, you can get your case reviewed for free and have your legal options explained. If it looks like you have a feasible whiplash claim, you could be connected with a specialist No Win, No Fee accident-at-work solicitor.

To see if you could make a work-related whiplash claim, you can:

• Call our legal advisors on 0333 241 2519 now.
• Connect to our live chat service at any time night or day.

There’s lots more advice on how to claim for whiplash at work throughout this guide but please call now with any unanswered questions.

What Types of Accidents at Work Can Cause Whiplash?

Whiplash injuries at work can occur in a variety of settings, typically from sudden impacts or forceful movements that cause the head to whip back and forth. Here are several types of workplace accidents that can result in a whiplash injury claim:

• Vehicle Accidents: Workers who operate vehicles as part of their job, such as truck drivers, delivery drivers, or forklift operators, are at risk of whiplash if involved in a vehicle accident. This includes not only crashes on public roads but also incidents occurring within workplace premises, such as warehouses or construction sites.
• Falls from Height: Falls from height, often from ladders, scaffolding, or other elevated platforms can cause a worker to land in a way that snaps the head back and forth, leading to whiplash.
• Slips, Trips, and Falls: Even a slip or trip on a level surface can result in a whiplash injury if the individual falls in such a way that their head is violently jerked.
• Impact from Falling Objects: Workers in environments where objects are stored at height, such as construction sites and warehouses, may be struck by falling items. The sudden impact can cause the head to move abruptly causing whiplash.
• Repetitive Strain: Whiplash-like symptoms can also develop over time from repetitive stress or strain, particularly in jobs requiring the employee to frequently tilt or twist the neck (e.g., looking up or turning to view multiple monitors).

If an accident occurs that has caused whiplash at work, call our legal advisors now to see if you are entitled to compensation.

Can I Claim Compensation for Whiplash at Work?

You may have grounds to claim compensation for whiplash at work if you can prove that:

• The defendant in your claim owed you a duty of care.
• You were involved in an accident at work in the last three years as a result of the defendant’s negligence.
• You have been diagnosed with whiplash as a direct result of that accident.

Duty of care is normally quite easy to establish when making a whiplash claim. That’s because while you’re working, your employer has a duty to take steps to keep you safe because of the Health and Safety at Work Act 1974. Similarly, for instance, all road users have a duty to try and prevent accidents by abiding by the rules of the Road Traffic Act 1988 and the Highway Code.

Therefore, if you decide to make a work-related whiplash compensation claim, it’s generally far more important to prove how the accident happened and how you have suffered as a result.

What Types of Negligence Can Lead to Whiplash at Work?

Here are some scenarios which could result in whiplash injuries at work:

• If your truck was hit by another in a rear-end collision because the other vehicle’s driver was using their mobile phone.
• Where your van was hit by a driver who was over the drink-drive limit.
• An office chair collapsed or broke while being used causing you to fall backwards suddenly, leading to whiplash.
• Where you have suffered whiplash because another forklift driver failed to see you in a warehouse.
• If the company bus or vehicle you are travelling in had to brake suddenly and forcefully due to improper maintenance of the vehicle.
• You tripped over unsecured cables or slipped on spillages that were not cleaned up, causing a sudden jerk as you fell.

As you can see, whiplash injury claims may be possible against employers, other road users and even local authorities if your accident was caused by their negligence. If you’d like to clarify who your claim should be made against, please call our legal advisors now.

What Is The Whiplash Reform Programme?

In May 2021, the government introduced the Whiplash Reform Programme. Effectively, the changes mean that if your injuries are valued at less than £5,000 you may need to claim through an online claims portal.

Because of the new rules, legal fees cannot be recovered for lower-value claims which means it is not always cost-effective for solicitors to take on such cases.

However, if you have suffered multiple injuries at work and your claim is valued at over £5,000, you could still hire a solicitor to make a whiplash claim.

The best advice is to call a legal advisor if you’re thinking of claiming for a whiplash injury at work. They’ll review your claim and work out which avenue is the best way for your claim to proceed.

What Evidence Can Be Used for Whiplash Compensation Claims?

As with any type of claim for personal injury at work, you must try and provide as much evidence as possible if you’re to win a whiplash injury at work claim. It will need to prove a) who caused the accident, b) how the accident occurred and c) the extent of your suffering.

The following are all examples of the types of evidence that you could be collated to strengthen a whiplash compensation claim:

• Photographs taken at the accident scene that show all of the vehicles involved and any damage caused.
• Contact information for any other motorists or workmates involved plus any witnesses to the accident.
• Medical reports to help prove your whiplash injuries.
• Dash-cam or CCTV footage from your workplace or works vehicle or any others that stopped at the scene.
• Photographs of any visible bruising.
• Police reference numbers if the accident was attended by the emergency services.

The more evidence that you have available, the better your chances of being compensated. If you’d like us to check any evidence you’ve gathered already, please feel free to contact our legal advisors now.

How Long Do I Have to Claim Whiplash Compensation?

The time limit for whiplash claims in the UK is 3 years. In the majority of cases, the time limit begins on the date of the accident as the injured person will normally be aware of their injuries soon after. The time limit is set by the Limitation Act 1980.

Something that you’ll need to bear in mind is that the law enables claims to be refused if they’re made too late. This could mean you might not be paid any compensation that you might be entitled to.

Therefore, to try and ensure you don’t miss out on whiplash compensation, it’s best to speak to one of our specialist solicitors at your earliest opportunity.

How Much Compensation for Whiplash at Work?

Compensation for whiplash injuries is normally based on a) general damages for any physical or emotional pain and suffering and b) special damages for any costs you’ve incurred because of your whiplash.

Medical reports and records are used to help put a value on the general damages element of your claim. If your claim is valued at less than £5,000 and your claim is successful you’ll receive compensation based on figures set by the Whiplash Injury Regulations 2021.

If the value of your claim is higher and it is successful, your solicitor will probably use the Judicial College Guidelines (JCG) to value your injuries.

Crucially, special damages might be awarded in whiplash injury claims if you’ve been left out of pocket following your accident. Any compensation you receive could therefore cover:

• The cost of physiotherapy and other medical expenses.
• Travel costs.
• Lost income.
• Care and support costs at home.
• Future loss of earnings in more serious cases.
• Property replacement costs.

If you would like us to check how much compensation for whiplash you could claim, please get in touch now.

Who Can Claim Compensation for Whiplash Injuries at Work?

If you are involved in a road traffic accident whilst working, you could claim compensation for any whiplash injuries. This applies to drivers and passengers regardless of the type of employment contract they have.

So even if you are a zero-hours worker, a contractor, self-employed or an agency worker, you could claim for a whiplash injury at work if the accident was caused by someone else’s negligence.

Please speak to a legal advisor now to find out more.

Do You Need a Solicitor to Make a Whiplash Injury Claim?

We believe that having a solicitor on your side should make a whiplash injury claim easier. It could also improve the likelihood of winning your claim and being paid a fair level of compensation.

If your case is managed by one of our specialist solicitors, they’ll work hard on your behalf throughout the claims process. You won’t need to discuss the case with the defendant or their insurers and your solicitor will manage all negotiations if there are any objections raised as things progress.

What’s more, our solicitors offer a No Win, No Fee whiplash injury claims service meaning they can start working on your claim without being paid for their work upfront as soon as you’ve signed a Conditional Fee Agreement (CFA).

This contract means you’ll  pay your solicitor’s success fee only if a compensation payout is won. If that happens, the success fee will be an agreed percentage of that payout. This percentage will be listed in your contract.

Why not call our legal advisors right now to see if you could make a compensation claim for sustaining whiplash at work?

How Long Do Whiplash Compensation Claims Take?

If you’ve suffered minor whiplash injuries and recovered by the time your claim is processed, you may receive a compensation payout within 3 to 6 months so long as liability for the accident can be proven quickly.

In more complex cases, claims can take around 9 to 12 months or more. This may be the case if your injuries will take longer to heal or more time is required to understand your prognosis. If liability has already been accepted in this scenario, you might receive interim payments to support you while the claim is still progressing.

Contacting Us About a Whiplash Claim

Are you ready to begin a whiplash claim? If so, you could discuss your case with a legal advisor today by:

• Calling us on 0333 241 2519.
• Interacting with our online advisors via live chat (available 24/7).

Our initial advice is free and you’re under no obligation to take your claim any further. If you do decide to proceed with claiming compensation for whiplash at work, however, your claim will be managed on a No Win, No Fee basis if it’s accepted by one of our accident-at-work solicitors.