Learn If You Have To Be An Employee To Make A Workplace Injury Claim

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

By Jo Greenwood. Last Updated 24th June 2024. Welcome to our guide, which looks at the questions, “do you have to be an employee to make a workplace injury claim?” and “injured at work, what are my rights?”.

If you are not a full-time employee, you may be wondering whether or not you could claim compensation.

You may have even used an accident at work compensation calculator online and want to know if we can get you that amount.

Read on to discover more, or call us on 0800 073 8804. Alternatively, you could fill out our contact form with your query and an advisor will call you back.

A worker lying on the ground holding their head.

Select A Section

    1. Do You Need To Be An Employee To Claim For A Workplace Injury?
    2. As An Employee, What Criteria Do I Need To Meet To Make A Claim?
    3. What Injuries Could You Suffer In The Workplace?
    4. What Should I Do If I Have A Workplace Accident?
    5. How Long Do I Have To Claim Compensation?
    6. Can I Make A No Win No Fee Workplace Injury Claim?
    7. Useful Links

 

Do You Need To Be An Employee To Claim For A Workplace Injury?

If you’re wondering whether you need to be an employee to claim for a workplace injury, this guide could help.

A lot of people believe that workplace accidents are only for full-time employees. This is not the case. No matter whether you are a member of the public visiting the premises, a temporary worker, or an employee, you can make a claim if you have been injured due to an employer breaching Health and Safety legislation.

For more information about whether you’re eligible to claim, please get in touch on the number above. An advisor can also discuss whether your employer has to pay you for an accident at work and your rights after an accident at work.

What Are My Rights After An Accident At Work?

There are certain rights you have after an accident at work has caused you harm due to someone breaching the duty of care they owed you. In some cases, you may be eligible to receive Statutory Sick Pay (SSP) if you have needed to take time off work while recovering from your injuries.

SSP only provides a certain amount of money. However, if you choose to make a claim, you could seek reimbursement of any loss of earnings you incurred as a result of your injuries provided you have evidence to prove the financial losses experienced. For example, you could provide payslips to support your case.

Additionally, you may have the right to make a claim if the duty of care you were owed was breached and caused you to sustain injuries as a result. For more information on the criteria you must meet in order to pursue compensation, see the section below.

Who Is Responsible For Injuries At Work?

Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), a responsible person is required to report certain incidents and injuries that occur at work. The responsible person might include:

  • Employers
  • Self-employed people
  • People in control of work premises

As An Employee, What Criteria Do I Need To Meet To Make A Claim?

Being injured alone isn’t enough to make a valid workplace accident claim. In order to form the basis of a valid work injury claim, you need to establish that negligence occurred. 

For the purposes of making a personal injury claim, negligence occurs when:

  • Someone else owes you a duty of care
  • They breach this duty
  • You are injured as a result 

When you are working, you’re owed a duty of care by your employer under the Health and Safety at Work etc. Act 1974. Under this legislation, your employer is legally required to take all reasonably practicable steps to keep you safe while carrying out your duties.

For example, a breach of this duty could look like your employer knowingly giving you faulty personal protective equipment (PPE), like a cracked hard hat or broken safety glasses. You could potentially make a claim if this faulty gear leads to an injury. 

To find out if your case meets the criteria to make a valid workplace accident claim, get in touch with our helpful team of advisors today. Or, to learn more about the accident at work claims process, keep reading.

What Injuries Could You Suffer In The Workplace?

There are various types of workplace accidents and injuries, including the following:

  • Muscle strains could be sustained in a manual handling accident
  • Someone could sustain a broken wrist in a slip, trip or fall
  • Assualt at work could cause someone to sustain multiple injuries such as lacerations and cuts, broken bones or internal organ damage
  • Collisions and crashes
  • Being hit by falling objects
  • Fights at work
  • Walking into objects
  • Loud noise exposure
  • Inhaling toxic fume

What Should I Do If I Have A Workplace Accident?

Here’s what to do after an accident at work:

  • Get medical attention – The first thing you need to do is receive medical attention. Of course, this is an important step in terms of your health. You may think that you feel fine after an accident, but not only is this crucial for your health but if you fail to see a medical professional, you will find it impossible to make a claim, as you need the doctor’s report as proof of your injuries.
  • Take photographs – Photographs can really help to strengthen your case.
  • Make a note of what happened – You never know what important details you could forget later down the line, and so it is always advisable to sit down and make a note of everything that occurred.
  • Get witness details – If anyone witnessed the car accident, you are advised to get their contact information. Witness statements make excellent evidence.
  • Report the incident to the employer – This needs to be recorded in their accident book, which is required by law.
  • Keep a record of costs – Finally, you need to keep a record of any expenses you have suffered because of your injuries. This could be anything from prescription costs and vehicle repair expenses to loss of earnings and travel costs. You can claim these as special damages as per accident at work law, but you will need proof.

How Long Do I Have To Claim Compensation?

Now that we’ve answered the question, “do you have to be an employee to make a workplace injury claim?”, you may be wondering, “what are my injured at work rights in terms of claiming time limits?”.

You have three years to make a claim either from the date the incident occurred or the date you became aware that someone else’s negligence contributed to the accident that caused you harm.

There are various exceptions, including for anyone under the age of 18 and for those who have a reduced mental capacity.

Can I Make A No Win No Fee Workplace Injury Claim?

We are one of the leading law companies in the UK. All of our solicitors work on a No Win No Fee basis, which means that you are only going to need to pay a success fee if your case is a success.

We also provide free, no-obligation legal advice. If you are not certain about utilising Legal Expert to launch a claim for your workplace injury, all you need to do is look at the comments that have been left by our previous customers – we think you will find them very useful.

Useful Links

We hope you now have a better understanding of your injured at work rights. However, if you need more information, these links may help:

Below, you can find a list of guides which may tell you more about accident at work claims:

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