I Had An Accident At Work, What Are My Rights?
By Daniel Richards. Last Updated 14th August 2021. Welcome to our accident at work claims guide. Are you thinking, “I was injured in a car accident, what are my rights?” Have you had an accident at work that wasn’t your fault? If so, you could claim compensation for your employer’s failings that led you to suffer. So if you’re wondering, “I had an accident at work, what are my employers’ responsibilities in the UK?” then please read on to find out how to claim.
Luckily, there is legislation in place to protect us if we experience accidents at work. This way, if someone like your employer fails to uphold their legal duty of care to you and you suffer as a result, you could be entitled to make a claim against them.
What should my employer do?
Your employer has a legal duty of care to prevent you from injury or illness in the workplace as much as reasonably possible. What’s more, employers have to properly inform their employees about any health and safety issues that could affect them, such as hazardous materials, training on specialist tools and personal protective equipment.
Employees’ rights after accidents at work detail the legal responsibilities that your employer has. This legislation also requires your employer to report specific types of accidents and incidents at work. In addition, your employer is legally required to pay you statutory sick pay (SSP) and give you the time off to recover from your accident in most cases.
What compensation you can claim following accidents at work will depend on the accident circumstances, your injury, and the lasting effects. Whether you suffered a needle stick injury or a fall from a height, this guide will take you through everything you need to know about your rights, work accident claims and compensation for your injury.
In this guide, we’ll cover everything from employee claims to agency worker accident claims and many other cases of accidents at work.
If at any point you would like to receive your free legal consultation to see how we could help you. Now, if you suffer injuries as a result of an accident at work, claim on a No Win No Fee basis with help from our legal team. You can reach them in any of the following ways:
- Call us on 0800 073 8804
- Write to us about your case
- Or chat with us now about accidents at work claims by using our live chat
In the meantime, if you’ve had an accident at work, here’s how to claim.
Select a section
- Accidents At Work And Your Rights
- Your Accident At Work Employees Rights
- Accident At Work What Are My Rights To Industrial Injuries Benefits?
- I Had An Accident At Work, What Are My Rights
- Accident At Work Agency Worker Rights
- Do You Get Paid If You Get Hurt At Work?
- Will I Be Dismissed For Making An Accident At Work Claim?
- What Happens If I Am Injured Then Fired?
- And What Am I Entitled To Claim For?
- How Much Can I Claim For An Accident At Work?
- No Win No Fee Accident At Work Claims
- What To Do If You Suffer Injury Or Illness At Work?
- Why Choose Us For Your Accident At Work Claim?
- Contact Us Today And Start Your Claim
- Useful Links
Welcome to our accidents at work claims guide, where we’ll explain your rights after suffering a workplace accident and give you an idea of how much compensation for an accident at work you could claim using our personal injury claims calculator.
Have you had an accident at work that wasn’t your fault? Whether you suffered a needle stick injury or a fall from a height, this guide will take you through everything you need to know. If you’re wondering, “I had an accident at work, what are my employers’ responsibilities in the UK?” then please read on to find out. So, if you’ve had an accident at work, here’s how to claim.
Fatal Accident Statistics
Some workplace accidents can be so severe that they cause injuries that lead to the death of an employee. We can see from HSE statistics just how often this takes place. Over 2020/21, there were 142 deaths as a result of workplace injuries across Great Britain.
Some workplaces can carry with them greater risks than others. For example, you can see on the graph below that the construction industry is responsible for the most deaths of the 142 that are recorded. A reason for this could be the level of specialist and potentially dangerous machinery present at many construction sites.
You can still make a claim on the behalf of a loved one who has passed away as the result of a workplace injury.
What should my employer do if I have an accident?
If you’re injured at work, you should report the incident to your employer as soon as you can safely do so. Initially, your employer should do their best to ensure that you’re not in any more danger and to help you get medical attention for your injuries. Once this is done, you should contact our team to see if you could make a claim.
If you have been involved in accidents at work resulting in injury, you need to report this to your employer as soon as possible. Once you do so, you need to ensure that they record this in the workplace accident handbook.
In the case that your employer does not have an accident handbook or if they fail to record your incident, write down the incident details that lead to your injury or illness. Make two copies of this, sending one to your employer and retaining the other copy for yourself.
If you aren’t fit to record the incident details for yourself, ask someone else that you trust to do this on your behalf. By following these simple steps, you could give your accidents at work claims the best chances of success.
Even if your injury does not seem serious at the time, you should still see a doctor. This could include a visit to the hospital, a paramedic inspection or a consultation with your GP. The medical practitioner or doctor will record the medical details of your accident.
This record will then strengthen your case later if you do need to claim compensation from your employer or if you need to claim for any benefits as a consequence.
To learn more about your rights following accidents at work or see how we could help you on a No Win No Fee basis, please get in touch with our team today.
Employees rights after accidents at work cover a multitude of entitlements. As well as being able to make personal injury claims against your employer, you may also be entitled to what is known as IIDB or Industrial Injuries Disablement Benefits.
In certain circumstances, an accident at work rights pay entitles you to these. To do so, you need to satisfy the following criteria;
- That you were an employee when the accident happened.
- That you were on an approved training scheme, course or event when the accident happened.
- That the accident which leads to your illness, injury or disability occurred in England & Wales or Scotland.
There are some exceptions to these criteria. You can find out more information about your eligibility for IIDB payments after suffering accidents at work on the government website.
You can also claim disability benefits if you have contracted a disease in the course of your employment. As long as you satisfy similar criteria to the above, the scheme will cover you for benefits in the event of your contracting one or more of over 70 different diseases.
Industrial Injuries Disablement Benefits also cover diseases and illnesses related to asbestos. This is a very carcinogenic material and can cause a wide range of medical conditions and complications.
Please see the next section to learn more about your rights after suffering accidents at work, or get in touch today to see how we can help you make a No Win No Fee claim.
Accident at work rights are very strongly protected in the UK. In addition to the HSE and RIDDOR entitlements to benefits mentioned above, in some instances, there is also a range of health and safety guidelines that your employer must follow in the workplace to help protect their employees.
If you feel that your work conditions are unsafe and that your employer is not acting on your concerns, there are people you can talk to. Trade union representatives can raise concerns with employers on your behalf.
There is also further information on the Health and Safety Executive website. If you are in immediate or severe danger, you have the right to protect yourself and remove yourself from the situation to avoid accidents at work from occurring, even if this means leaving work till the situation is resolved.
What is my employer’s duty of care?
Before, during, and after an accident at work, your rights clearly show that your employer has a duty of care to you. They must take all reasonable steps possible to protect your health and safety whilst at work. This includes anywhere you are at work, such as your employer’s premises and any other spaces where you must work as a part of your job.
If you are injured in an accident at work caused by another employee’s actions, you may still be able to make a compensation claim. Your accident at work employees rights states that as long as you are legally entitled to make an injury at work compensation claim, your employer should not prevent you from exercising this right.
By law, every employer is legally obligated to have valid insurance to cover any potential claims for compensation by staff following a workplace accident, injury or illness whilst at work. This insurance should also cover the incidents caused by other employees.
If you make successful claims, the awarded compensation will be paid by the insurance company. If your employer is pressuring you over having to pay out for compensation, remember they must have insurance in place for this.
To learn more about accidents at work and your rights, please get in touch with our team of personal injury lawyers. They can offer you all of the free legal advice you need, and if you have grounds to make a claim, they can connect you to a No Win No Fee lawyer right away.
Temporary and agency workers have the same rights to pursue a compensation claim against their employer as full time or contracted employees do. Temporary and agency workers have often been lead to believe that they do not have the same rights as other employees. At the same time, due to their work’s fluctuating nature, agency and temporary workers can be more likely to be injured in accidents at work as they may receive inadequate training compared to their colleagues.
Regardless of the type of contract you are employed on, whether full-time, part-time, employed on a temporary contract or through an agency, all workers are protected by the same health and safety regulations in the workplace.
This means they could claim if they suffer an avoidable injury at work due to their employer. For example, if an employer failed to carry out regular risk assessments and hazards went undetected, they could be held liable for breaching their duty of care.
Part-time worker accident claims
If you’re interested in making part-time worker accident claims, it helps to know a little bit more about your rights.
A part-time worker is classed as someone that works fewer hours than a full-time worker, typically less than 35 hours per week.
There are laws in place to help prevent part-time workers from being treated unfairly compared to full-time workers solely on the basis of their contract. All workers should be treated equally on:
- Rates of pay, including sick pay, maternity pay, paternity pay and the like
- Pensions and other benefits
- Holidays and holiday pay
- Training and development opportunities
- Promotions or redundancies
However, please note that overtime pay differs for part-time and full-time workers, as part-time workers may not get this until they work the same hours as full-time worker.
If you’re a part-time worker and you have an accident at work, you also have the right to make a compensation claim against your employer if their negligence resulted in the incident. If you find yourself in this situation, you should contact our team today and discuss worker accident claims. Our panel of specialist solicitors could help you get the maximum compensation you deserve on a No Win No Fee basis.
If you get injured or become ill due to your work, you may need to take time off for treatment or recovery. If you do, many people ask whether or not they will get paid for this time. There are two ways you can recover earnings during this time.
The first of these is statutory sick pay or SSP. The amount of sick pay you will be entitled to will depend on your employer’s sick pay policy. You may only be entitled to SSP, currently £89.35 for up to 28 weeks. Your employer may also top this up with additional sickness benefits or payments. However, not all employees are entitled to this.
Secondly, you may be able to claim for loss of earnings in claims for accidents at work. Whether or not you have received SSP will be considered for any loss of earnings compensation you are awarded.
The Citizens Advice Bureau has a calculator to help you work out what sick pay you might be entitled to. If you have suffered a loss of earnings due to your accident at work, talk to our team of personal injury lawyers today. After all, you may be able to file an injury at work compensation claim with help from our No Win No Fee solicitors. To learn more, please get in touch today.
By law, your employer cannot dismiss you on the basis of bringing a claim for compensation after having an accident at work. If you have been at your job for more than two years, your employer can not sack you for this. If you are dismissed from your job after bringing a case and have worked for your employer for over two years, you may also have a case for unfair dismissal.
To learn more about accidents at work and how we can help you make a No Win No Fee claim, please get in touch with our team of personal injury lawyers.
Can I Be Sacked For Having An Accident At Work?
If you’re wondering, “can I be sacked for having an accident at work” try not to worry. By law, your employment cannot be terminated on the basis of having an accident at work. Your employer has a duty of care to keep you safe in the workplace. Their failings aren’t an excuse to sack you. If you decide to make a claim and are dismissed, you could make an unfair dismissal claim against your employer too.
Accident At Work Procedure – How To Report Accidents
Once an accident has happened, it’s important to act fast and adhere to the following accident at work procedure:
- Make sure the area is safe, and there are no risks of harm
- Ensure you or your colleague receives the medical attention they need.
- Report the accident to a manager or supervisor
- Record the accident in the company logbook
- If appropriately serious, report the accident under RIDDOR
Accident At Work Compensation
If you believe your employer has breached their duty of care, which led to you suffering an injury in an accident at work, it’s possible to claim compensation. If your workplace accident claim succeeded, compensation would be paid by the company’s employers’ liability insurance provider. So keep this in mind as you think, “I was injured in a car accident, what are my rights?”
Employers are not permitted to dismiss their employees following accidents at work.
If your employer has dismissed you after you have suffered an injury at work or if you have been dismissed following an absence from work due to illness, you should talk to Legal Expert today. We will be able to advise you on your rights and whether you have a basis for an injury at work compensation claim for unfair dismissal.
You could make personal injury claims for accidents in the workplace if you have suffered an injury or illness due to your employer not upholding their duty of care to you.
Your injury does not have to be physical. You could have suffered on a psychological or emotional level due to workplace bullying, harassment, intimidation or stress. In these cases, you will likely be able to bring a civil claim for breach of contract and even negligence on the part of your employer.
To find out more about your accident at work rights, get in touch with our team of accident at work lawyers today to see how we could help you claim compensation on a No Win No Fee basis.
In this section of our accidents at work claims guide, you can find our accident at work claims calculator. There, we’ll provide you with some accident at work compensation examples taken from accident at work compensation case studies.
If you have had a workplace accident, there are a variety of different expenses that you can claim. There are 2 types of compensation you can claim for personal injury; general damages and special damages. General damages aim to compensate for physical pain and psychological suffering, whereas special damages aim to compensate for associated expenses, such as medical bills, travel costs, loss of earnings and other such payments.
How successful your accident at work compensation claim is will depend on factors such as how severe your injuries are and what the long-term effects will be. If your accident or injury has a lasting effect on your day-to-day life, this could entitle you to more compensation.
How much can I claim?
Below, we designed a personal injury claims calculator table, which provides some average accident at work compensation amounts that you may be entitled to claim. These figures have been taken from the Judicial College Guidelines, created using years of experience working with accident at work compensation case studies.
|Facial Disfigurement||Significant scarring||£8,550 to £28,240||Where the worst effects have been or will be reduced by plastic surgery leaving some cosmetic disability and where the psychological reaction is not great.|
|Facial Disfigurement||Very Severe Scarring||£27,940 to £91,350||Cases of this nature would result in relatively traumatising impact cosmetically.|
|Knee Injury||Moderate||£13,920 to £24,580||Injuries involving dislocation, torn cartilage or meniscus which results in minor instability, wasting, weakness.|
|Knee Injury||Severe||£65,440 to £90,290||Serious knee injury where there has been disruption of the joint, the development of osteoarthritis, gross ligamentous damage, lengthy treatment.|
|Neck Injury||Moderate||£23,460 to £36,120||Cases of this nature often include fractures or dislocations.|
|Neck Injury||Severe||In the region of £139,210||Injuries of this nature would be in association with incomplete paraplegia or resulting in permanent spastic quadriparesis.|
|Foot Injury||Modest||Up to £12,900||Within this bracket, it would include simple fractures, ruptured ligaments, and puncture wounds.|
|Foot Injury||Severe||£23,460 to £36,790||In this bracket, it would take into account severe pain and trauma that has a life-altering impact.|
|Back Injury||Moderate||£26,050 to £36,390||Within this bracket, it would take into account residual disability, soft tissue damage, pain and moderate consequences.|
|Back Injury||Severe||£85,470 to £151,070||Within this bracket, it would take into account cases of trauma to the spinal cord or nerve roots, leading to combination of serious consequences and trauma.|
|Brain Damage||Moderate||£140,870 to £205,580||Brain damage of this severity would take into account cases of intellectual deficits, a personality change, and risk of epilepsy.|
|Brain Damage||Very Severe||£264,650 to £379,100||In this case, brain damage would have a life-altering impact, as it would result in various implications, such as speech complications, mobility issues, behavioural issues, and much more.|
To start your accident at work compensation claim, talk to experts at Legal Expert. We are on hand 24 hours a day to discuss your case. If you want to learn more about what you can factor into claims relating to accidents at work, we can also provide you with free advice for your work accident compensation claims.
All of our lawyers work with every one of their clients under what’s known as a No Win No Fee deal. This is as simple as it sounds. It means that if you don’t win your claim, then you won’t need to pay your lawyer’s fees.
If your claim is successful, then your lawyer receives their payment in the form of a small percentage taken from your settlement before it reaches you. There are no hidden or upfront fees.
Whilst it is possible to make a claim without the assistance of a lawyer, it is not recommended. This could result in you being responsible for covering expensive legal fees even if you are not successful in being awarded compensation.
You should adhere to the following accident at work procedure if you have suffered an incident in the workplace.
- Ensure the accident is recorded in your company accident report log. If you can’t do this yourself, ask someone you trust to do so for you.
- Take any photos and witness contact details to help corroborate your side of the story. This will help your case later.
- Seek any medical care and attention you need. This allows a doctor to determine the type of injury you’ve suffered. Keep records of this and any diagnosis/ future prognosis.
- Seek legal advice from a trained personal injury specialist.
For more information on what to do following an injury at work, your rights can be broken down to you via a free consultation with one of our specialist advisors. So, please get in touch today to learn more.
Accidents at work are more common than many of us may think. A simple accident like a slip, trip or fall can result in various injuries being sustained, which could leave you with physical, emotional and financial damage that last weeks, months or even years. These injuries can have life-altering results for the people who suffer from them and can even prevent people from being able to live and normal life or make a living for themselves.
Whatever your situation, a specialist solicitor from Legal Expert can help you claim the compensation that you deserve. In this section, we’ll give you an insight into why our clients choose us to handle their cases for them.
Why do our clients choose us?
Our clients choose to use Legal Expert to file an injury at work claim for various reasons. Our team of No Win No Fee solicitors are on hand to help you get the advice, and ultimately the compensation you deserve. We work with you, providing high-quality legal services. Thanks to our experienced staff, you can benefit from our expertise.
Our dedicated experts will begin by reviewing your case via a free, no-obligation consultation. This informal chat will help to establish the basis and veracity of your case. Our aim is always to support you as you recover and return to your normal life.
Take advantage of our excellent No Win No Fee accident at work compensation claim service. At Legal Expert, we are dedicated to fighting your work accident compensation claims on your behalf.
Accidents At Work Solicitors Reviews
We love helping people pursue the justice and compensation they deserve, and nothing satisfies us more than securing a great result.
Many of our clients have left us reviews on the service they have received from us. You can read all of these reviews online, but in the meantime, we’ve included one of our favourites below:
“I was kept well informed and updated throughout the process of claiming for compensation. I would definitely recommend this firm to anyone who might need solicitors…”
So speak to us if you’re thinking, “I was injured in a car accident what are my rights?” Because we can help you to receive compensation.
By now, we hope we’ve answered the question: “I had an accident at work what are my rights?”.
If you still have questions about accidents at work, however, please talk to our team of accident at work lawyers at Legal Expert today. Our highly professional team are always on hand and ready to start working with you.
If you choose to work with us, we’ll do our utmost to get you the maximum compensation you deserve after your accident at work. We work with clients across the country after they have been through a host of accidents in the workplace. Whether you are a full-time, part-time or agency worker, we could take on your case. Even if you are a visitor to a workplace, you can still make a claim against the responsible employer if the accident was in a workplace.
Contact Legal Expert today. Our dedicated team are ready to start working on your accidents at work claims today. What’s more, we always work on a No Win No Fee basis, so you don’t have to worry about the financial risk involved. We will discuss your claim and any possible entitlement to compensation.
Thank you for reading our accidents at work claims guide. Here, we have some useful links and common questions about an injury at work.
This HSE guide provides details on the injuries that need to be reported under RIDDOR.
Statistics and information on workplace injuries in the UK, published by the HSE.
If you’ve been injured at work, this government guide will tell you what steps you can take.
If you have an accident at work, check out our guide to see if you could receive sick pay.
If you suffer an injury to your back while at work, this advises ahead of filing any work accident claims.
This guide explains what you need to do to make a No Win No Fee claim.
Accidents At Work Claims FAQs
In this last section, we have answers to questions that we often hear from our clients.
How long do accident at work claims take?
If you’re wondering, “how long do accident at work claims take” the answer is that it depends. If the defendant admits liability and your injuries heal quickly, your claim could take between 6 and 9 months. However, if the defendant disputes liability, or if your injuries take longer to heal, the claim can take longer.
Are you entitled to full pay if you have an accident at work?
This will depend on your employment contract, as there is no legal requirement to pay sick pay. Some firms may pay lower pay, and some may not pay anything at all. In such cases, statutory sick pay (SSP) is claimable.
Is an accident at work classed as sickness?
Not quite, though you may be officially absent from work due to sickness or injury. In such cases, if you experience a reduction in your earnings, you can claim SSP.
Can I claim for an accident at work that was my fault?
When wondering, “can I make an accident at work claim if it was my fault,” it depends on the circumstances.
It may be the case that you’re only partially at fault, which would be contributory negligence. And it’s the job of your lawyer to work out the percentage of fault that lies at your door. Your compensation award would be adjusted accordingly. The accident at work solicitors regulation authority has additional information on this subject.
To ask, “can I make an accident at work claim if it was my fault” please get in touch.
What happens if an accident at work is not reported?
If you haven’t reported an accident, a No Win No Fee claim can still be made, though you may find the defendant disputing whether or not the accident happened. Furthermore, employers are legally required to report certain workplace accidents, near-misses (such as those leading to manual handling claims) and work-related health issues in an accident book under RIDDOR. They should maintain your safety at work at all times, but if there’s any compromise, this should be reported.
Can I be fired for making a claim against my employer?
In legal terms, your employer cannot fire you for making work accident claims if the accident occurred at work. If your employer failed by acting with negligence and this caused you harm, you could make a claim. Should your employer mistreat you, there could be grounds to make an employment law claim.
How long can you claim for an accident at work?
If you’re wondering, “how long do I have to claim for an accident at work?” this is a breakdown of the time limit.
You are required by law to make your claim within 3 years from the date of the accident. In legal terms, this is the accident at work time limit (also the personal injury claims time limit).
However, if you fail to make your case within this timeframe, it could affect the viability of your case. A law firm can advise on this further.
If you’re wondering, “how long do I have to claim for an accident at work?” get in touch. You can have a free consultation to see if you’re within the relevant personal injury claims time limit. In the meantime, please read on.
Do I get paid if I have had an accident at work?
Sadly, there is no obligation for your employer to pay you if you’re off sick. This is also the case for instances of workplace accidents. However, if you’re off work due to an injury at work, these costs could influence compensation claims. So, keep this in mind if filing a work accident claim.
Thank you for reading our accident claims guide. If you’d like to learn how to make part-time worker accident claims, agency worker accident claims or any other claims for accidents at work, please get in touch today. And contact us if you’re still wondering, “I was injured in a car accident, what are my rights?”