Who is Responsible For An Accident At Work?

Employers have a legal duty of care to maintain a safe work environment and protect the health and safety of their employees. If an employer breaches their duty of care and this leads to an employee’s injury, the employer is generally responsible for an accident at work.

However, there are occasions where a workplace accident could be the fault of an employee or a third party, such as a manufacturer or contractor. If you suffered an injury at work, an experienced solicitor could help you identify the liable party and make a compensation claim.

For a free case assessment, call 0800 470 0474 today or use our online claim form to request a call back.

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Table of Contents

• What are an employer's duties towards employees?
• What are an employee's duties in the workplace?
• Who is liable for an accident at work?
• How do workplace accidents happen?
• What should I do if I have an accident at work?
• What types of accidents could lead to workplace injuries?
• Can I lose my job if I have an accident at work?
• Am I entitled to make a claim following a workplace accident?
• How do I make a personal injury claim?
• Time limits to claim compensation for an accident at work
• How much could I receive for my injuries?
• Will I need a solicitor to make a claim?

What are an employer’s duties towards employees?

Under the Health and Safety at Work Act 1974, all employers have a legal duty to ensure, as far as reasonably practicable, the health, safety, and welfare at work of all their employees. Their responsibilities include:

• Carry out regular risk assessments to identify and assess potential hazards in the workplace;
• Maintain the workplace in a condition that is safe and without risks to health and safety;
• Ensure safe access to and from the workplace;
• Provide adequate facilities, such as toilets, washing facilities, and rest areas;
• Ensure the workplace is kept tidy and free of slip, trip and fall hazards;
• Make sure that all machinery, equipment, and tools are safe to use and properly maintained;
• Establish and maintain safe work procedures and practices;
• Ensure the safe use, handling, storage, and transport of substances that may be hazardous to health;
• Ensure that employees are provided with adequate information about the risks they face at work and the precautions they need to take;
• Provide workers with proper personal protective equipment (PPE) such as hard hats, masks or gloves if risk assessments indicate that there is a need to do so;
• Provide appropriate training on safe working practices and the use of equipment;
• Make sure workstations are suitable, ergonomic and comfortable;
• Consult with employees or their representatives on health and safety matters;
• Ensure that there are adequate first aid facilities in the workplace;
• Report certain work-related accidents, injuries, diseases, and dangerous occurrences to the Health and Safety Executive (HSE) under RIDDOR.

If your employer fails to uphold their legal duties towards you and you have an accident or develop an illness, they may be liable for compensation.

What are an employee’s duties in the workplace?

Under the Health and Safety Act, employees also have crucial duties and responsibilities regarding their own safety and the safety of others in the workplace. They must:

• Take reasonable care to avoid injury while performing their job duties;
• Make sure the equipment used is in good condition;
• Wear the appropriate PPE provided by their employers according to instructions and training;
• Follow the workplace rules and guidelines;
• Do not go to work while under the influence of drugs or alcohol;
• Pay attention to instructions and warning signs provided by employers;
• Promptly report an accident at work or a near miss to the relevant person;
• Report any unsafe condition, risk or hazard within the workplace to the health and safety representative.

If you fail to follow these guidelines and you have a work accident, you may be held liable for your own injuries. Furthermore, your employer may be entitled to take disciplinary action.

Who is liable for an accident at work?

One of the first steps after suffering an accident at work is to determine who was at fault for it. Liability could lie with various parties, including:

The employer

As already mentioned, employers have a legal duty towards employees and must take reasonable measures to protect their health and safety. If your accident was due to a breach of this duty, such as inadequate training or an unsafe work environment, they are generally considered liable.

Employers can also be held vicariously liable for the negligent acts of their employees that cause injury to another employee, even if the employer themselves were not directly negligent.

The employee

You may be directly responsible for your injuries if your accident was due to gross negligence, misconduct or a failure to follow the health and safety guidelines.

A third party

There are situations where a party other than the employer or an employee could be liable for a workplace accident. These could include:

• A manufacturer or supplier, if the injury was caused by defective machinery, equipment or materials;
• A contractor or another company, if you work on a site where they were also operating and their negligent actions caused your injury;
• An owner or occupier, if you had an accident due to poorly maintained premises;
• A member of the public, if you were the victim of an assault or they entered an area where they didn’t have access.

How do workplace accidents happen?

Unfortunately, accidents at work are common, and they can lead to very severe injuries and even fatalities. Between 2023 and 2024, there were 665,663 workplace accidents, and 138 workers were killed doing their job.

Most often, these accidents stem from an underlying failure to manage risks effectively and are rarely a result of pure chance. Some of the most common types of negligence leading to accidents and incidents at work include:

• Failure to provide a safe place of work
• Failure to provide safe equipment and machinery
• Failure to implement safe systems of work
• Failure to provide adequate training and instructions
• Failure to provide proper safety equipment
• Failure to conduct adequate risk assessments
• Failure to warn employees of risks and potential dangers

No matter what type of accident you have at work or what caused it, there are several steps you should take to ensure your safety and protect your legal rights. These are detailed below.

What should I do if I have an accident at work?

If you are injured in an accident at work, you should:

• Seek help from the designated first aider at your workplace or call 999 if your injury is severe;
• Go to the hospital or see your GP as soon as possible to have your injuries assessed and treated, even if they seem minor;
• Report the accident to your employer or manager and make sure it is recorded in the workplace’s accident book;
• If need be, make sure your employer has reported the accident to the HSE;
• Gather as much evidence as possible at the scene, such as photographs, videos and witness contacts;
• Note down all the details of the accident and what you were doing right before it;
• Check whether you are entitled to Statutory Sick Pay (SSP) and state benefits;
• Keep detailed records of your symptoms, recovery process and any impact the injury has on your daily life;
• Keep all financial documents for losses and expenses incurred due to the accident;
• Consider seeking legal advice to find out if you are entitled to claim compensation.

What types of accidents could lead to workplace injuries?

Workplace injuries can result from a wide variety of accidents across different industries. The most common ones include:

• Slips, trips and falls due to wet floors, uneven surfaces, potholes or objects left in walkways;
• Falls from heights due to missing handrails, broken stairs, faulty ladders and scaffolding;
• Manual handling accidents due to lack of training or safe lifting techniques;
• Being struck by moving or falling objects, such as forklifts or items falling from shelves;
• Machinery accidents caused by malfunctions or lack of safety guards;
• Exposure to harmful substances, such as dust, fumes, gases or asbestos;
• Electrical accidents from contact with live wires or faulty machinery.

If you have any type of accident at work, you should follow the steps detailed above and contact a personal injury lawyer to see if you can make a compensation claim.

Can I lose my job if I have an accident at work?

Under the Employment Rights Act 1996, your employer cannot legally sack you simply for having an accident at work. Also, they cannot dismiss you or retaliate in any way if you make a legitimate compensation claim following a workplace accident.

Employers must have a fair and valid reason for dismissal, and having an accident that wasn’t due to gross misconduct is unlikely to be considered a fair reason.

However, if the accident was a direct result of your gross negligence or deliberate violation of health and safety rules that put you or others in grave danger, they might have grounds for dismissal. Nevertheless, they would need to conduct a thorough investigation and follow fair disciplinary procedures.

If you are dismissed or face negative treatment after an accident that was not your fault, you may have grounds for an unfair dismissal claim.

Am I entitled to make a claim following a workplace accident?

Eligibility to make an accident at work claim is assessed on a case-by-case basis. The easiest way to find out whether you are entitled to compensation is by getting in touch with an experienced solicitor as soon as possible. They will verify whether:

• Your employer had a duty of care towards you.
• They failed to take reasonable steps to ensure your safety and breached this duty.
• You were involved in an accident at work due to their negligence.
• You suffered injuries and other losses as a result.
• You are within the time limit to start your claim.

If all these apply to your case, you will be able to initiate a claim and seek compensation for your pain, suffering and financial losses.

How do I make a personal injury claim?

The first thing you should do if you want to make a claim is to seek legal advice for a free case assessment. If you are eligible to claim compensation, your solicitor will guide you through all the steps of the claims process.

First, they will help you gather the necessary evidence to support your claim. This typically includes an accident report made with your employer, photographs of the accident scene, medical records, witness statements and financial evidence.

The evidence will help determine the liable party and the amount of compensation you are entitled to receive. Once you have this information, your solicitor will send a letter of claim to the defendant, which outlines the details of the accident and your injuries.

The defendant has three months to investigate the claim and admit or deny liability. If they admit it, you can begin to negotiate your compensation award. If they deny it and you have compelling evidence, your solicitor will start formal court proceedings.

That does not mean your claim will necessarily go to trial, as negotiations can continue up until your court date. As a matter of fact, more than 96% of all cases are resolved without a judge. If you win, you should receive your compensation within four weeks.

Time limits to claim compensation for an accident at work

Under the Limitation Act 1980, there is a general three-year time limit to make a workplace accident claim, starting from the date of the accident. If you miss this timeframe, your case will be statute-barred, and you will lose your chance for compensation.

There are a few exceptions to this limitation date:

• If your injuries are not immediately apparent, the three-year time limit begins on the date of knowledge. This is the date you first knew, or could reasonably have been expected to know, that your injury was significant and caused by the accident.
• If you were under 18 at the time of the accident, you will have until 21 to claim compensation for your injuries.
• If you lack the mental capacity to conduct legal proceedings due to a brain injury, PTSD, or another condition, the time limit is suspended until you are able to do so or a litigation friend is appointed to act on your behalf.
• If you lost a loved one due to a workplace accident, you have three years to start a claim from the date of death.

How much could I receive for my injuries?

The amount of compensation you deserve following an accident at work is calculated based on two types of damages:

• General damages cover the injury and its subjective impacts on your life. They can include aspects such as physical pain, psychological trauma, loss of amenities and disability.
• Special damages cover financial losses resulting from the accident, such as private medical treatments, loss of earnings and care costs during recovery.

You can use our personal injury compensation calculator to find out how much you could receive for general damages based on the guidelines from the Judicial College.

For example, you could get up to £59,860 for a broken wrist, up to £130,130 for a back injury and up to £493,000 for a very severe brain injury.

Will I need a solicitor to make a claim?

You are not legally required to hire a solicitor to make your work accident claim. However, this is highly recommended and will bring you various benefits, such as:

• They can accurately assess the strength of your claim and advise you on your legal rights;
• They will assist you in gathering the evidence you need to support your claim;
• They will know how much your claim is worth and can secure the maximum compensation you deserve;
• They will handle all the paperwork, communication and legal aspects of the case;
• They work on a no win no fee basis, which means there are no upfront costs, and you don’t have to pay anything if your case is unsuccessful.

Overall, having a solicitor represent you can offer you peace of mind and significantly improve your chances of success at no risk to you.

For free legal advice following a work accident, call 0800 470 0474 today or request a call back.

Last edited on 16th Oct 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.