Can I Sue My Employer For Negligence At Work?

Last updated 30/07/2025. Have you been harmed in a workplace accident? Were you injured because of your employer’s negligent actions? Have you experienced emotional distress or anxiety because of how your employer treated you? If so, you may be eligible to claim against your employer.

In this guide, we’ll address the question “can I sue my employer for negligence?” and answer other related questions you may have. We’ll also talk about different potential scenarios which may lead someone to claim against their employer for negligence. We’ll also discuss claiming with a No Win No Fee solicitor.

If you have any questions regarding personal injury claims, we are here 24/7 to give you free legal advice on the matter. There are a few different ways in which you can reach us.

• Call us on 0800 073 8804
• Chat with us using the pop-up window in the corner
• Contact us online.

You can also watch our video below which explains the key takeaways from our guide:

The Criteria For Employer Negligence Claims

If you suffered an accident at work, you might be wondering if you can make a claim. The first step in making a personal injury claim following employer negligence is establishing whether or not you were owed a duty of care.

Your employer owes you a duty of care while working to take all reasonably practicable steps to keep you safe, as outlined within the Health and Safety at Work etc. Act 1974.  This could include providing adequate training, undertaking risk assessments, or providing personal protective equipment (PPE). If your employer breaches this duty of care and you suffer an injury as a result, this is known as negligence.

In order to form the basis of a valid accident at work compensation claim, you must be able to prove that:

• Your employer owed you a duty of care.
• They breached this duty.
• You suffered an injury as a result.

To find out if you could be eligible to make an accident at work claim, contact our team of advisors today. Or, read on to learn more about claiming for negligence in the workplace.

What Are The Employer’s Responsibilities Regarding Health And Safety?

Here are some of the common responsibilities which all employers have irrespective of the nature or size of the organisation:

• Assessing risks: The Management of Health and Safety at Work Regulations 1999 mandate all employers to assess any risks of injuries or illnesses due to workplace accidents. 
• Implementing measures to reduce risks: While they should ideally try their best to avoid the risk altogether, if that isn’t possible, protective measures must be taken to ensure safety. 
• Safety training: Employers must inform employees about the risks in the workplace and the steps they should take to avoid them. The employees must be consulted and involved in the process of assessing and mitigating workplace risks.
• Ensuring the safety of premises: The Workplace (Health, Safety and Welfare) Regulations 1992 provide regulations on maintaining safe premises. However, this doesn’t apply to certain industries, such as ships, underground mines and construction sites, which are governed by separate legislation. These regulations include ensuring the cleanliness and ventilation of workspaces. The lighting must be sufficient, along with a reasonable temperature, to allow work to be done smoothly without any strain.
• Maintenance of Equipment: An employer is responsible for assessing and updating machinery and equipment within the workplace. The equipment must be suitable for the task, and only trained or competent staff should operate it. There also needs to be a suitable system to investigate equipment and to report any issues. Some of the laws which cover equipment safety include the Employer’s Liability (Defective Equipment) Act 1969 and Provision and Use of Work Equipment Regulations 1998 (PUWER).

If you’ve been injured at work, you must be wondering, ‘Can I sue my employer for negligence?’ Before making a negligence claim against your employer, it is important to understand what their responsibilities are and what constitutes workplace negligence. Read ahead to find out more about the procedure involved, and you can call our advisors to discuss your case.

How Long Do I Have To Claim For Employer Negligence?

As per the Limitation Act 1980, the time limit is 3 years to begin an accident at work claim for employer negligence. This time limit runs from the date your workplace accident took place.

However, there are a couple of exceptions to this time limit. These exceptions apply if the claimant is either:

• Younger than 18.
• Lacking their full mental capacity.

In these cases, the time limit will be paused. Meanwhile, a litigation friend may be able to begin the claim for employer negligence on the claimant’s behalf.

But, if a litigation friend has not stepped in by the time the claimant either:

• Turns 18.
• Recovers their full mental capacity.

Then the usual 3-year time limit will commence from this point (from the date of either the claimant’s 18th birthday, or the date of their recovery).

To learn more about employer negligence, duty of care, and claiming compensation within the time limit, please contact us today.

What Is Employer Negligence?

Are you wondering, ‘what is employer negligence?’ Essentially, it is when your employer breaches their duty of care, which leads to you suffering an injury. This duty of care includes doing whatever is reasonably practicable to reduce risks to your health and wellbeing in the workplace. If you have evidence that your employer has acted negligently, you may be able to sue for a work injury.

There are plenty of ways that negligence in the workplace could occur. For example:

• Your employer failed to provide you with adequate training on health and safety.
• They failed to maintain a machine, resulting in it malfunctioning and causing a defective work equipment injury.
• You could suffer a trip or fall at work if your employer has failed to identify and fix hazards such as trailing cables or uneven flooring.
• If you carry out work in which you need to wear protective equipment, but your employer failed to provide you with any, this would count as employer negligence.

Continue reading to find out what legislation is in place that sets out your employer’s duty of care. Alternatively, speak to us at any time and we can offer free guidance on how to go about making an accident at work claim.

Proving Employer Negligence – What Steps Should I Take? 

If you have been injured at work in an accident that was not your fault, you may ask, ‘Can I sue my employer for negligence?’ If you meet the claims eligibility criteria, this may be possible. However, for your claim to be successful, you must be able to prove how your employer was responsible for your injuries. This section will explain the steps you should take to make this possible.

To establish third-party liability, you must collect as much evidence as possible to prove how your employer breached their duty of care, resulting in your injuries. Here are some examples of the steps you should take and the evidence you can collect to support your claim:

• After your accident, you should seek medical attention- this will allow you to obtain medical evidence illustrating your injuries and treatment. 
• You should also record the details of your accident in the workplace accident report book, as it will provide a written document of the details of your accident. 
• If possible, you should obtain CCTV or dashcam footage of your accident.
• You should take photographs of the injuries you sustained and the accident scene.
• Collect witness contact details as they may support your claim.

Understandably, you may have difficulty obtaining all of this. However, our experienced solicitors are here to help you collect evidence to support your claim. 

To learn more about the types of evidence you can collect or how this is possible, call our helpful advisors today. You may also ask them any questions such as, ‘Will suing my employer for negligence affect my employment?’.

Accident At Work Compensation Examples

If you have been injured as a result of employer negligence at work, your personal injury compensation settlement could include general and special damages. General damages is awarded in all successful claims. This head compensates you for the pain, suffering, and loss of amenity.

When valuing this head of claim, legal professionals may use the Judicial College Guidelines (JCG) to help them. We have included some of the figures from the JCG in the table below.

It is important to note that various factors could affect how much you receive for the injuries you suffered due to workplace negligence. Please only use this table as a guide. The first entry of this table has not been taken from the JCG.

What Else Can You Include In A Claim For Negligence In The Workplace?

You can sue an employer for negligence and your payout could potentially be awarded under two heads of claim. The figures in the table above are examples of general damages. This is the amount that’s awarded to cover the pain and suffering you have had to endure due to your injuries.

However, it isn’t just the impact of the injuries on your quality of life that you can be compensated for. Compensation for negligence at work can also be awarded for other losses related to your injuries.

You could be eligible to receive a payment known as special damages. This can be made up of a variety of fi

nancial costs and losses that you have experienced due to your injuries. You will need to provide evidence of these expenditures during your claim.

We’ve included some examples of potential special damages payments in the list below:

• Loss of earnings – Your income may be affected due to your injuries. If you are unable to work, then the money you would have earned during your recovery period may be reimbursed to you as part of your claim.
• Medical costs – For instance, if you have had to spend money on prescriptions or other medical care.
• Damage to property – The incident that caused your injury may also have caused your damage to your personal property. Special damages may cover the cost of these repairs or replacements.

If you have any more questions regarding negligence in the workplace, feel free to get in touch at any time. Our advisors are always available to help you.

Make A Claim For Employer Negligence With One Of Our No Win No Fee Solicitors

One of our accident at work solicitors may be able to assist you with your claim, provided you have a valid case. Furthermore, they may offer to represent you under a >Conditional Fee Agreement (CFA), a type of No Win No Fee agreement.  You usually won’t be charged any service fees upfront or whilst your workplace negligence claim is ongoing. Furthermore, if your negligent employer claim is unsuccessful, you won’t need to pay your solicitor for their work.

Instead, a legally capped success fee is taken from your settlement by your solicitor if your claim is successful.

For more information on employer negligence, speak to our advisors for free using our 24/7 live chat service. You could also be connected with one of our No Win No Fee solicitors. To reach our advisors today, you can:

•     Call 0800 073 8804
•     Request a call back using our contact form.
•     Use our live chat service.

Learn More About Workplace Negligence Claims

We have used a combination of resources, which you can find in the references section below:

• Employment Rights – Learn more about employment rights in the UK at this Government resource.
• Employers Liability Insurance – All businesses with employees must have employers liability insurance in place in case of personal injury claims.