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Accident At Work Claims

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You may be entitled to make an accident at work claim if you were injured because your employer failed to take reasonable steps to keep you safe. Accident at work claims can involve slips, trips, falls, manual handling injuries, machinery accidents, falls from height, defective equipment, workplace violence, or unsafe systems of work. Compensation may help cover physical injuries, psychological harm, lost earnings, treatment costs, rehabilitation, care needs, and other financial losses caused by the accident.

Suffering an accident at work can be painful, stressful, and unsettling. One moment you may be doing your job as usual, and the next you could be dealing with injuries, medical appointments, time off work, and worries about your income or future employment.

Even injuries that appear straightforward at first can have a serious impact if they affect your ability to work, drive, sleep, lift, care for family, or manage daily tasks.

Employers have a legal duty to take reasonable steps to protect staff. If your employer failed to meet this duty and you were injured as a result, you may be able to claim compensation.

At Legal Expert, we understand how difficult it can feel to take the first step after a workplace accident.

Our experienced solicitors understand how accident at work claims are investigated and can help gather the evidence needed to show what happened, who was responsible, and how the injury has affected your life. We offer a free consultation where you can discuss your situation, understand your rights, and explore your legal options without obligation.

To speak with us today and get free advice, please reach out to us by tapping below.

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To learn more about accident at work claims, when compensation may be possible, and how the claims process works, please keep scrolling.

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Meet Our Legal Experts

Patrick Mallon

Patrick Mallon

Head Of Accidents at Work and Senior Solicitor
  • Solicitor of England & Wales
  • Regulated by the SRA
  • 20+ years experience
Specialist In
Road traffic accidents Workplace injury Serious injury

“Patrick has helped countless clients get compensation for serious injuries, helping them get their lives back on track.”

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Antony Jennings

Antony Jennings

Head Of Personal Injury Claims
  • Fellow of CILEX
  • 20+ years experience
  • Civil Litigation Expert
Specialist In
Road traffic accidents Workplace injury Serious injury

“Antony is a Fellow of the CILEX with over 20 years’ experience in personal injury and civil litigation.”

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Clare Morris

Clare Morris

Head Of Serious Injury Claims
  • Chartered Legal Executive
  • 20+ years experience
  • Complex Claim Specialist
Specialist In
Road traffic accidents Workplace injury Serious injury

“Since qualifying in 2005, Clare has acted on behalf of clients in complex claims involving catastrophic injuries.”

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Our Services In Accident At Work Claims

Can I Make An Accident At Work Claim?

Employers have a legal duty of care to their employees under the Health and Safety at Work etc. Act 1974. Under this law, it is an employer’s responsibility to take reasonable steps to ensure the safety of their workers.

The eligibility criteria for accident at work claims are as follows:

  1. You were owed a duty of care by your employer.
  2. They breached this duty by not taking reasonable steps to ensure your safety and follow health and safety regulations.
  3. This breach caused you to be injured in an accident.
A man holding his hand after suffering an injury at work

Is There A Time Limit To Claim Compensation?

In most cases, the time limit is 3 years from the accident date, per the Limitation Act 1980. However there are certain circumstances where exceptions can be made. These are:

  • Minors: children will have the standard 3-year time limit frozen until they reach 18 years of age.
  • Lacking sufficient mental capacity: If the injured person does not have the mental capacity to make a work injury claim for themselves, either as a result of the accident or due to a pre-existing condition, they will have the time limit paused indefinitely.

In these scenarios, a litigation friend may be appointed by the court to pursue the claim on behalf of the injured person. To find out more about the time limit for accident at work claims, or for a free assessment of your eligibility, get in touch with us today.

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How Much Compensation Could I Claim For My Injury At Work?

Compensation in successful accident at work claims can be awarded under two heads of loss. These are:

  • Compensation for physical injuries and as well psychological distress is awarded under “general damages.”
  • Under “special damages,” compensation for financial losses caused by the injuries can be awarded but not independently of general damages.

Determining a potential compensation value for your claim is one of many tasks our highly experienced solicitors can assist you with throughout the claims process. Those assigned to this task can refer to the medical documents you provide alongside the figures from the Judicial College Guidelines (JCG).

The JCG provides guideline compensation brackets for various injuries. We have taken a broad selection of those values for use in our compensation table. Please note that the top row isn’t from the JCG.

Injury TypeSeverityGuideline Compensation
Multiple Very Serious Injuries With Significant Financial LossesVery Serious.Up to £1,000,000 +
Brain DamageVery Severe (a)£344,150 to £493,000
Moderate (c)(i)£183,190 to £267,340
Back InjuriesSevere (a)(i)£111,150 to £196,450
Moderate (b)(i)£33,880 to £47,320
Chest InjuriesTotal Removal of One Lung and/or Serious Heart Damage (a)£122,850 to £183,190
Damage to Chest and Lungs(s)£38,210 to £66,920
Leg AmputationAbove-knee Amputation of One Leg £127,930 to £167,760
ShoulderSerious (b)£15,580 to £23,430
Hand InjuriesTotal or Partial Loss of Index Finger£14,850 to £22,870
Less Serious Leg InjuriesLess Serious (c)(ii)£11,120 to £17,180

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Can I Claim Back The Likes Of Lost Earnings and Bonuses?

Yes, you can claim back the money you have lost due to the injury and accident. This could be lost salary from having to take time off work to recover, and it could also cover bonuses too. 

This part of the claim isn’t limited to your earnings, but any cost you incurred because of the injury. This can include:

  • Transport costs to and from medical and legal appointments
  • Domestic care, including for any children or other dependents
  • Home adaptations in cases of life-changing injuries

Make sure you retain copies of your payslips as well as other documents such as invoices for care, receipts and travel tickets as proof of any financial losses you have experienced.

What Are The Most Common Types Of Accidents At Work?

Each year, the Health and Safety Executive (HSE) publishes statistics on workplace accidents, showing which are the most common. Below, you can find a summary:

  • Slips, Trips Or Falls

    Wet floors, uneven surfaces and poor housekeeping are frequent causes.

    Learn more

  • Manual Handling, Lifting Or Carrying

    Poor technique or lack of equipment can lead to strains and back injuries.

    Learn more

  • Struck By A Moving Object

    Inadequate guarding, unsecured loads or busy sites can cause impact injuries.

  • Acts Of Violence

    Assaults in the workplace may arise from inadequate risk assessments or controls.

    Learn more

  • Falls From A Height

    Common on scaffolds or ladders where edge protection and training are lacking.

  • Construction Accidents

    High-risk sites demand strict controls over height, vehicles and plant.

    Learn more

What Evidence Could Help In Accident At Work Claims?

Evidence forms a key part of all accident at work claims. You will need to demonstrate that the employer’s breach of their duty resulted in you being injured.

Examples of possible evidence include:

  • Medical Records: It is always advisable to get medical attention following an accident, even if you only sustain a minor injury. While your health is, of course, the first priority, the records produced by the treatment can be very useful evidence.
  • CCTV footage: If available, you can request CCTV footage of the accident taking place.
  • Photographs: It may also be a good idea to take photographs of where the accident occurred and your injuries
  • Accident Book: All employers have responsibility for recording injuries at work, but those with 10 or more employees are legally required to keep an accident book on site. You can take a copy of your incident report from this.
  • Workplace Documents: Other workplace documents, such as machine servicing records, training materials, and other paperwork, can be used to show that these important tasks were not completed or performed incorrectly.
  • Witness Statements: If your colleagues saw the accident occur, they could provide a witness statement. Take down their contact information so their statement can be collected during the claim.

Working with one of our solicitors may be very beneficial. A trained legal professional can utilise their knowledge and expertise and ensure your claim has the evidence it needs.

To discuss how to prove your claim, or for a free assessment of your eligibility to begin an accident at work claim, talk to our advisors today.

Make A No Win No Fee Claim

Our experienced accident at work solicitors can offer their services to you on a No Win No fee basis. This particular contract, also called a Conditional Fee Agreement (CFA), gives multiple benefits. These include:

  • No upfront fee 
  • No fees during the claims process.
  • Should the claim fail, you will not pay us for our work
  • If you claim succeeds, you pay us a small, capped fee from your compensation award. 

We explain all of the terms clearly before beginning the claim, so if you have any questions we can answer them for you. 

If you’d like to learn more about our accident at work claims service or to request a free case consultation, contact us today by clicking below:

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Frequently Asked Questions (FAQ)

Below, you can find answers to some frequently asked questions on accident at work claims.

Do You Have To Be An Employee To Make A Workplace Injury Claim?

You may have suffered an injury in the workplace, but may not be classed as an employee. This could occur if you are self-employed, such as a freelancer or as a contractor or subcontractor.

Under health and safety law, you are owed the same duty of care as employees while you are on an employer’s premises and carrying out work-related duties. For example, if you are an electrician hired to install wiring on a premises but the employer did not ensure that the floors were free of trip hazards and you sustain injuries in a trip and fall, you could claim compensation.

However, you cannot seek compensation if your injury occurred in your own environment. For example, if you sustain injuries in a trip and fall in your home office. In these cases, it is your own responsibility to ensure the area is relatively safe.

Yes, you can still make an accident at work claim if you were partly responsible. This is known as split liability.

This is when both the employer and the claimant are both partially responsible for the accident happening. 

In these cases, if you are, for example, 50% liable for the workplace accident, you will be awarded 50% of the compensation. Likewise, if you are 20% liable for the workplace accident, you will be awarded 80% of the compensation, and so forth.

Employers can avoid accidents at work claims by taking reasonable steps to prevent injuries. This is obviously quite a broad category; what’s deemed reasonable for an office would be inadequate for a construction site or factory.

So, to help employers meet their legal obligations, the HSE publish guidance on a variety of topics. We have included some of this guidance below:

  • Risk Assessments: An employer should carry out thorough risk assessments for their premises, identifying all potential hazards and measures to mitigate them.
  • Remove Risks: Some risks can be removed altogether by designing the work environment in such a way that eliminates that risk. For example, manual handling tasks can be avoided by using lifts and conveyors.
  • Training: Employees should receive adequate training to perform their jobs safely. So, if vehicles, machinery, or any other work equipment are being used, only staff who have the right level of training should be using them.
  • Personal Protective Equipment (PPE): Employees should be provided with suitable protective clothing, such as steel-toe-capped boots or safety gloves, free of charge. Damaged or worn equipment should be replaced for free.

Some examples of different kinds of accidents that could occur if correct safety measures aren’t followed include:

  • Your employer had not provided your colleagues with any vehicle training. Consequently, the unqualified driver of a forklift failed to stop and ran you over, breaking multiple bones. You can head here to learn more about cases involving injuries inflicted by colleagues.
  • The protective clothing you were provided with was not adequate for the substances you were handling in a chemical plant. You suffered a substantial burn injury as a result of a chemical spill.
  • Delivery drivers could get caught up in an accident through no fault of their own. For example, if you’re a driver of an HGV, you may have to help unload goods upon arrival. If the likes of roll cages aren’t safely stacked, they could topple and fall upon you.
  • You could also slip and fall over dropped food if you work in a restaurant or kitchen and the hazard should have been cleared up
  • You suffered an injury due to inadequate PPE. For example, you may have been asked to clear out a dusty room, but weren’t provided with a face mask and suffered exposure to toxic compounds like asbestos.
  • You were instructed to lift an object that was well above the maximum weight limit. You suffered a substantial rotator cuff injury in your shoulder as a result of this.
  • Your employer failed to carry out maintenance checks on the company ladders. Consequently, a fault was missed. You were instructed to install some guttering on the building. The unrepaired fault resulted in you falling from a considerable height in a serious ladder accident.
  • A lack of proper safety guards on a band saw or chop saw in a machine shop resulted in your left index finger being cut off when the section of wood you were cutting to size became stuck.

Yes, you should always report an injury sustained during work to your employer.

You could make your supervisor or team leader aware of an incident when it happens. Alternatively, there may be a designated contact listed in your employee handbook or staff intranet.

It is also worth finding your workplace’s dedicated first-aider as they can provide any necessary medical attention. A first-aider could also help you enter a workplace accident report by noting down the treatment you received.

If you don’t believe that your workplace has taken your concerns seriously, you can tell the HSE about the issue.

Injury at work claims can take differening lengths of time. It all depends on the case itself. For example, in straightforward cases with non-complex injuries, a claim could resolve within 12 months. If the injuries are serious or if the defendant disputes that they were responsible, it could take longer.

Successful claims are normally paid by your employer’s Employers’ Liability (EL) insurer, which they are legally required to have (minimum £5m cover). It’s not taken from frontline budgets.

No. You cannot be dismissed just for bringing a personal injury claim. Doing so can be unlawful; you’re protected from victimisation for asserting your rights.

Report it, get it recorded in the accident book, seek medical attention, gather evidence (photos/CCTV, witness details), and keep receipts for costs. These records help with any claim or SSP.

If an employer has 10+ employees, they must keep an accident book/records by law; keeping records helps risk management and insurance.

RIDDOR requires employers (the “responsible person”) to report certain injuries, diseases and dangerous occurrences to HSE within set timescales. Not every accident is reportable, but serious/specified injuries and certain absences are.

Yes. Agency workers can claim if a party that owed them a duty of care was negligent (host employer or agency, depending on control). Link internally to your agency-worker guide. You can find out more in our dedicated agency worker guide.

Often yes—if a duty of care was owed and breached (e.g., unsafe premises, lack of controls). You can head over to another of our comprehensive guides to learn more about self-employed accidents at work.

If the defendant admits liability and you have immediate needs (e.g., lost earnings, rehab), your solicitor can seek interim payments deducted from the final award. Head to our specific guide to learn more about interim payments.

Liability can rest with the party in control of the work or premises (main contractor, occupier, or your direct employer). Your solicitor will identify the correct defendant(s) and insurer.