What Should I Do Following A Work Accident

If you have suffered a personal injury due to a work accident that wasn’t your fault, you may be eligible to make a claim for compensation. This guide will explain what you should do following a work accident to ensure your safety and that legal rights are preserved.

As with any other type of claim, you must be able to prove that your employer was responsible for the accident. To make a successful claim, there are specific steps that you need to take which can help you establish this and the harm you suffered.

If you had an accident at work and want legal advice, do not hesitate to call 0800 470 0474 or request a call back. An experienced solicitor will offer you a free consultation with no obligation to proceed with a claim.

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Table of Contents

• What should I do if I have a workplace accident?
  • Assess your injuries and get medical attention
  • Gather evidence to support a personal injury claim
  • Report the accident to your manager
  • Make sure the accident is recorded in the company accident book
  • Keep a diary
  • Record your losses and expenses
  • Report your concerns
  • Submit a Subject Access Request
  • Seek legal advice from a solicitor
• How should my employer protect me from workplace injuries?
• Can I make a work accident claim?
• What benefits am I entitled to following an accident at work?
• What should my employer do after my accident?
• Can I be fired for having a workplace accident or for making a claim?
• Time limits to start an accident at work claim
• How much compensation could I get for my injuries?
• Can I claim compensation on a No Win No Fee basis?

What should I do if I have a workplace accident?

If you’ve been injured at work, there are several simple steps that you should follow to ensure your health and safety. Taking these steps can also help you make a successful compensation claim if your employer is at fault.

Assess your injuries and get medical attention

With any accident, your health is always the priority. If you are severely injured, a colleague or supervisor should call you an ambulance right away. Otherwise, you should seek first aid from your workplace’s designated first aider.

Whether you received first aid or not, you must get your injuries fully assessed by a medical professional as soon as possible after the accident. Either get an appointment to see your GP or go to your local A&E or a minor injuries unit.

Even if the injuries appear to be minor, you must seek medical attention so that they can be assessed and recorded in your medical record. This should include the type of injuries you have sustained, their severity and any treatment and medication required.

Some injuries can worsen over time, so it’s essential to have official documentation of your condition. Medical records are a key piece of evidence in all personal injury claims, including for accidents at work.

Gather evidence to support a personal injury claim

To support a potential claim, gather as much evidence as possible. This could include the following:

• Take photographs or a video of the accident scene, any hazards that contributed to it and your injuries.
• If witnesses, such as work colleagues or customers, were present at the time of the accident, make a note of their contact details. If no witnesses were present, try to find out if an accident occurred in the past under similar circumstances.
• If the workplace has surveillance cameras, request a copy of the CCTV footage as soon as possible. This footage is typically deleted within a month, so it’s important to request this before it’s too late.
• Write down the details of any relevant equipment and machinery that contributed to the accident, such as their type and serial number.
• Take notes about the accident while the events are still fresh in your mind. If it helps, you can include drawings that can help show what happened, such as the location.

Report the accident to your manager

Inform your manager, supervisor, or HR department about the accident immediately. You should also let your colleagues know as soon as possible. This will help prevent your employer from denying that it ever happened.

Every business with at least ten employees is required to have an accident report book. Reporting the accident will create a record of the events that led to it and the injuries you sustained as a result.

Failure to report the accident could be considered a violation of workplace policies and could potentially weaken a compensation claim.

At this point, you should only report your accident and not try to find blame or hint about making a compensation claim.

Make sure the accident is recorded in the company accident book

You mustn’t let your accident go unreported. You should make sure that a report is created and includes the following information:

• Your name, contact details and position in the company
• The date, time and location of the accident
• The date the accident was reported
• How the accident happened
• Details of any witnesses or others involved in the accident
• The injuries you sustained and any treatment received

Once the accident details have been entered in the accident book, verify that the information is factually correct. Do not let your supervisor or your employer force you to sign something that you do not agree with.

You should also request a signed copy of the report for your records. If your employer does not have an accident book, you should send them an email or letter with details about what happened.

Keep a diary

It cannot be overstated how important it is to keep a record of your injuries and recovery. You should write down all your symptoms, including any psychological effects such as anxiety and depression caused by your accident.

You can also include details about:

• The healing process and your progress
• Any medical appointments, treatments or support you need
• The level of pain and discomfort you experience
• How the injury has affected your ability to work and perform daily activities
• The impact of the accident on your hobbies, social life and relationships
• Any ongoing issues you are struggling with after your initial recovery

This diary can serve as valuable evidence if you decide to make a compensation claim.

Record your losses and expenses

Workplace accidents and injuries can quickly lead to financial losses, starting with medical bills and lost wages during recovery. The purpose of a claim is to cover all these expenses and put you in the same position you would have been in had the accident not occurred.

To recover your losses, you should keep receipts and invoices for medical treatments, travel costs for medical visits, and any other out-of-pocket expenses. You should also track any loss of earnings if the injury has affected your ability to work.

Report your concerns

If you believe your accident was caused by unsafe working conditions, lack of training, or employer negligence, you may consider submitting a grievance. Reporting your concerns to your employer can help create a safer work environment and prevent future accidents.

Submit a Subject Access Request

Under the UK General Data Protection Regulation (UK GDPR), you have the right to access any personal data your employer holds about you. Submitting a Subject Access Request (SAR) can help you obtain:

• Your accident report and any internal investigations
• Health and safety records related to your workplace
• Any emails or documents that mention you or your accident

This data can support your compensation claim, so you should request it before starting legal procedures.

Once you file a claim, the rules about disclosing information are more restrictive, and your employer might argue that they do not have to comply with your request.

Seek legal advice from a solicitor

Contact an experienced personal injury solicitor as soon as possible. Work accident claims can be hard to deal with, so it is essential to seek help from a professional with experience in this field.

Your solicitor will be able to assess your case and tell you whether or not you are entitled to compensation. If you can proceed, they will use their knowledge and expertise to ensure you make a successful claim and receive the maximum payment for your losses.

How should my employer protect me from workplace injuries?

Your employer has a legal duty to keep you safe from injuries while you are doing your job. They must comply with the Health and Safety at Work Act 1974 and other workplace legislation and take the following measures:

• Conduct regular risk assessments to identify possible hazards;
• Provide adequate health and safety training;
• Supply personal protective equipment (PPE), such as hats, gloves, shoe covers and harnesses;
• Regularly inspect and maintain work equipment and machinery;
• Train staff on how to use machinery and PPE;
• Display clear warning signs to inform employees of known hazards such as wet floors.

If your employer has failed in their legal duty and you were injured in an accident at work, you may be eligible for compensation.

Can I make a work accident claim?

If you suffered an accident at work, you might think it was your fault for not being careful enough. However, more often than not, accidents happen because employers fail to take reasonable measures to protect the health and safety of employees.

In such cases, you are entitled to compensation for your pain, suffering and financial losses. A solicitor can let you know if you can claim for your workplace accident within minutes by verifying whether:

• Your employer owed you a legal duty of care;
• You were involved in an accident at work due to their negligence;
• You suffered an injury or injuries as a result within the past three years.

Your solicitor will establish whether your employer is to blame for the accident based on the workplace legislation and the available evidence.

If you can proceed, they will handle all communication and legal aspects of the case on your behalf so that you can focus on your recovery and be as free from stress as possible.

What benefits am I entitled to following an accident at work?

If you’ve had a workplace accident, you may be eligible for financial support through various benefits and compensation schemes, such as:

• Statutory Sick Pay (SSP) is a social security benefit paid by your employer if you cannot work due to an injury or illness. You will get £118.75 per week for up to 28 weeks.
• Industrial Injuries Disablement Benefit (IIDB) is payable if you have become disabled following a workplace accident. You will get a weekly amount of up to £221.50 based on your level of disability.
• Universal Credit is a monthly payment to help you with your living costs, whether you can still work or not. You can get £393.45 if you are over 25 and single and £617.60 if you live with your partner.
• Employment and Support Allowance (ESA) is available if an injury affects your ability to work. You’ll get up to £90.50 a week if you can return to work in the future and up to £138.20 a week if you cannot.

These are only a few of the benefits you can claim following your accident. A solicitor can advise you on your legal rights and also help you claim compensation from your employer.

Please note that the above benefits and amounts are correct at the time of writing but are subject to change. To get the latest information on benefits, please visit the relevant Government website.

What should my employer do after my accident?

If you are injured because of an accident at work, your employer should take the following steps:

• Ensure you receive first aid or are immediately taken to the hospital if your injury is severe.
• Record details of the accident and your injuries in the workplace accident book. If your workplace does not have an accident book, they must still document the incident.
• Under RIDDOR, they must report your accident to the Health and Safety Executive (HSE) if you suffered certain injuries. These include amputations, bone fractures, brain damage, burns that cover more than 10% of the body and blindness.
• They must investigate the cause of the accident and take action to prevent similar incidents in the future.
• If you must take time off work to recover, they must pay you SSP for up to 28 weeks.
• If your injury affects your ability to work, they must make reasonable adjustments to support you, such as reducing work hours or offering lighter duties.

Can I be fired for having a workplace accident or for making a claim?

Under UK law, you cannot be fired simply for suffering an injury at work, even if the accident was partly due to your own actions – unless it involved gross negligence. Otherwise, your employer cannot legally fire you.

Furthermore, if the accident was due to your employer’s negligence, you have the right to claim compensation for the pain, suffering and financial losses you incurred as a result. UK employment law protects workers from unfair dismissal or retaliation in such situations.

If you are sacked after an accident or after starting a claim, you can take further legal action under unfair and constructive dismissal laws. A specialist lawyer can help you make a claim at an employment tribunal and get compensation or your job back.

Time limits to start an accident at work claim

The Limitation Act 1980 imposes a three-year time limit to start a compensation claim following an accident in the workplace. However, you should seek legal advice as soon as possible, as this will help your solicitor gather evidence and put together a strong case.

There are a few exceptions to the limitation date that might apply to your case:

• If you did not become immediately aware of your injury, as is often the case with whiplash, you have three years to start a claim from the date of knowledge (when your injury was diagnosed and linked to the workplace accident).
• The three years begin to run on a person’s 18th birthday, so you have until 21 to start a claim if you were injured as a minor. Alternatively, a parent could make a child injury claim on your behalf before your 18th birthday.
• If a person lacks the mental capacity to handle legal proceedings, the time limit is suspended. A litigation friend could represent them at any time.

How much compensation could I get for my injuries?

The amount of personal injury compensation you are entitled to is calculated based on two types of damages included in your claim:

• Special damages are awarded for financial losses and expenses such as medical treatments, loss of earnings and care costs during recovery;
• General damages are awarded for your injuries and their subjective impact on your life. These could include physical pain, emotional distress, loss of enjoyment of life, scarring and physical disability.

For example, you could receive £10,120 for a mild back injury, £5,580 for a broken hand and up to £493,000 for a very severe brain injury.

Try our injury compensation calculator for more information about how much compensation you could be entitled to claim.

Can I claim compensation on a No Win No Fee basis?

If you can make a personal injury claim against your employer, the solicitors we partner with will represent you on a no win no fee basis. That means there is no risk to you, and you can benefit from legal representation no matter your financial situation. This is because:

• You do not have to pay any legal fees upfront;
• If you win, your solicitor will get a success fee that is deducted from your compensation award;
• You do not owe them a single penny if you lose, and there are no hidden charges.

Having a solicitor represent you can significantly strengthen your claim and increase your chances of securing fair compensation. Furthermore, they will handle all legal aspects of the case, reducing stress and allowing you to focus on recovering from your injuries.

To find out if you may be able to claim for an accident at work, call 0800 470 0474 today or enter your details to request a call back.

Last edited on 2nd Jun 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.