Work Accident Claims
If you have had an accident at work, our local injury lawyers can help you claim compensation for your injuries.
Read moreHow to make an accident at work claim
This article explains the different stages of making a work accident claim against your employer if you are injured at work.
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How To Make A Work Accident Claim
If you had an accident at work and it was due to a lack of adequate safety measures or some other type of negligence, you may be entitled to claim compensation from your employer. This guide provides all the information you need about how to make a work accident claim.
A personal injury solicitor can guide you through the claims process and handle all communication on your behalf. They will work on a no win no fee basis, so there is no financial risk to you. Simply put, if they don’t win your claim, you won’t pay a penny.
For free legal advice or additional information about making a work accident claim, call 0800 470 0474 or use our contact form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
What are my legal rights if I am injured at work?
Each year, hundreds of thousands of employees suffer accidents at work, the most common of which are slips, trips, and falls. In 2023/24, there were 665,663 non-fatal injuries to employees, and 138 workers lost their lives in work-related accidents.
If you suffer an injury at work, you have several legal rights, which include:
- The right to report your accident or safety concerns without fear of reprisal;
- The right to receive the appropriate first aid and medical attention;
- The right to receive Statutory Sick Pay (SSP) if you are classed as an employee and cannot work for more than three days in a row due to your injury;
- The right to reasonable adjustments if your injury leads to a disability;
- The right to claim Industrial Injury Disablement Benefits (IIDB) and other state benefits if the injury has affected your ability to work or carry out daily activities;
- The right to make an accident at work claim and seek compensation from your employer if you were injured due to their negligence.
Am I eligible to make a work accident claim?
Under the Health and Safety at Work Act 1974, your employer owes you a legal duty of care while you are at your job. They have various responsibilities they must comply with, such as maintaining a safe work environment and providing adequate training.
If you suffer an injury at work, you may believe it was your fault, but it might be due to a breach of these duties. If liability can be proven, you will be able to claim compensation from your employer.
The easiest way to find out if you can make a work injury claim is through a free consultation with a specialist solicitor. They can determine if you have grounds for a claim and how much compensation you may be entitled to get.
What should I do if I have an accident at work?
If you have an accident at work, there are specific steps and procedures you should follow. These will ensure your safety and legal rights are protected and will help you with a future personal injury claim. The key steps are:
- Seek medical attention. Remove yourself from any immediate danger and get medical attention promptly. Seek first aid from the first aider at your workplace, call 999 if your injuries are severe or go to the nearest hospital.
- Report the incident. Report the accident to your supervisor or employer, even if you think it is minor, and ensure that it is recorded in the company’s accident book. Under RIDDOR, your employer has a duty to also report certain accidents to the Health and Safety Executive (HSE).
- Gather evidence. If the circumstances allow it, take photos or a video of the accident scene. You should also inform your co-workers about what happened and take the contact details of any witnesses. Write down as many details as you can remember about the incident.
- Keep a diary. Keep a record of all your symptoms and the accident’s impact on your daily life. You should also record all your expenses and losses and hold on to all relevant receipts and invoices. Also, keep copies of all emails or other communication related to the accident.
- Seek legal advice. If you want to claim compensation for your injuries, do not hesitate to speak to an experienced solicitor. They will let you know how to make a work accident claim and guide you through every step of the process.
If you suffer a workplace injury, make sure you follow all the steps detailed above. These will protect your right to pursue a claim and will ensure the best outcome.
Do I have to report the accident before starting a claim?
You should report any accident at work to your manager or employer as soon as possible. In many cases, you would be in breach of the staff manual or procedures if you fail to do so.
Reporting the accident is crucial to create an official record of what happened. This could serve as key evidence to support your claim and strengthen your case. The report should contain the following information:
- Details of the injured party, such as the name, date of birth and job title
- Details about when, how and where the accident occurred
- Details of the injuries sustained
- Details about the person who logged the accident
For some injuries, it is a legal requirement to report them to the HSE within ten days so that the accident can be investigated. These include some work-related diseases like asthma and cancer, serious injuries that result in more than seven-day absence from work and deaths.
How do I make a workplace accident claim?
As a first step, you should contact a personal injury lawyer as soon as possible. They will offer you a free initial consultation to assess your case and advise you on your legal rights.
If you have grounds for a work injury claim, your solicitor will start by gathering all the evidence you need to support it, which could include:
- Photographs or videos of the accident scene and your injuries
- CCTV footage of the accident, if available
- Medical records that detail your injuries and prognosis
- Statements from witnesses
- Testimony from expert witnesses such as accident reconstruction or medical specialists
- Your testimony about how your life was affected
- Official investigation reports from the HSE
- Your employment records
- A copy of the accident report filed with your employer
- Any correspondence with your employer or their insurance company
- Financial documents such as receipts, payslips and invoices
Once your solicitor has all the information needed, they will send a letter of claim to your employer. This will outline the details of the accident and your injuries, as well as the compensation you seek from them.
Your employer (and their insurer) has three months to investigate the claim and admit or deny liability. If they admit negligence, your solicitor will negotiate with them to reach a fair settlement. Otherwise, your solicitor will initiate court proceedings.
Taking legal action does not necessarily mean that your case will go to court. In fact, more than 96% of all personal injury cases are settled through negotiations. However, this step may be necessary to incentivise the other party to take you seriously and negotiate a settlement.
If you win the case, you should receive your compensation award within four weeks.
Can I make a personal injury compensation claim if I was partly at fault?
Even if you were partially to blame for an accident at work, you may be able to claim for all the losses you suffered as a result. However, your compensation award would be reduced proportionally to your contributory negligence.
For example, if you suffered a head injury due to a falling object and you were not wearing your hard hat, you might be found 25% for the injury. In this case, if your claim is valued at £20,000, you would only receive £15,000.
Can I make a claim if I am self-employed or on a zero-hours contract?
If you are self-employed, on a zero-hours contract or even a volunteer, you have the same protection rights under the Health and Safety at Work Act as an employee.
That means your employer must still take all reasonable measures to keep you safe from accidents while doing your job. As such, you may still be able to make a claim for a workplace injury caused by their negligence.
An experienced solicitor can let you know how to make a work accident claim if you are self-employed or on a zero-hour contract.
How do I make an accident claim on behalf of a loved one?
If someone you love was injured in an accident at work and cannot handle a claim, you may be able to make a claim on their behalf.
This would typically be the case if they suffered a brain injury or PTSD, they have a pre-existing condition like autism, or there is a language barrier. To represent them, you must first apply to the court to become their litigation friend, proving that:
- You are able to make fair and competent decisions about the case
- There are no conflicts of interest between you
As a litigation friend, you will have various duties, which include collating evidence and making decisions about the claim that are in the claimant’s best interests. Any compensation you win for them must be approved by a judge.
How do I claim compensation for a wrongful death?
If your loved one passed away following an accident at work and you are a dependant of theirs, you could make a claim under the Fatal Accidents Act 1976. Dependants include spouses, cohabiting partners for at least two years, children, parents and siblings.
The process of making a wrongful death claim is similar to any other claim for an accident at work. Your solicitor will help you gather the necessary evidence to prepare your case, contact the defendant and negotiate a settlement with their insurer.
Claims for fatal accidents typically cover the loss of financial support from the deceased, loss of services and funeral expenses. You may also be entitled to claim a bereavement award of £15,120 for the grief caused by the loss of your loved one.
Can I lose my job if I make a claim for compensation?
If you’ve suffered a personal injury due to your employer’s negligence, it is within your legal rights to make an accident at work compensation claim. The Employment Rights Act 1996 protects you from unfair dismissal and any form of retaliation from your employer.
If they sack you, demote you or treat you unfairly, you can make a further claim at an employment tribunal to get your job back or receive compensation for the unlawful treatment.
If you feel bad about claiming compensation for an accident at work, you should know that your employer is legally required to have EL insurance to cover such claims. If you win the case, they will not be left out of pocket.
Is there a time limit for making an accident at work claim?
Under the Limitation Act 1980, there are specific time limits for making an injury at work claim. Typically, you have three years from the date of the accident to initiate the claims process. Afterwards, your case will be statute-barred and no longer valid.
There are a few exceptions:
- If your injury develops over time, the three-year limitation date to make a claim begins on the date it was diagnosed and linked to workplace negligence (the date of knowledge).
- The time limit begins to run on a person’s 18th birthday, from which you have until 21 to make a workplace injury claim.
- The time limit is paused if the injured party lacks the mental capacity to handle a claim.
- In case of fatal accidents, the three-year time limit begins from the date of death.
How much compensation can I claim for a work accident?
The amount of compensation you could claim for your injuries will be calculated based on two types of damages:
- General damages cover the subjective impact of workplace injuries and illnesses. These include physical pain, emotional distress, scarring, loss of consortium, loss of amenities and reduced quality of life.
- Special damages cover the financial impact of the accident. These could include private medical treatments, lost wages from taking time off work during recovery or home adaptations to accommodate a disability.
Our personal injury compensation calculator can offer you a rough idea about the compensation payout you might be entitled to get if your claim is successful.
Will I be able to claim on a No Win No Fee basis?
If you are eligible to claim work injury compensation, the solicitors we work in partnership with will offer you a no win no fee agreement. As such, you will not be required to pay them any legal fees upfront, and there will be no financial risks to you.
If you make a no win no fee claim, and you win, your solicitor will be entitled to a percentage of your compensation amount. This is known as a success fee and is capped at 25% of your settlement. If you lose, you do not have to pay them anything.
For legal advice on how to make a work accident claim, call 0800 470 0474 for a free consultation with a friendly legal adviser. You can also use our online claim form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
