Learn About Your Rights Following An Accident At Work

Within this guide, we offer advice on work accident claims and answer related questions such as “I had an accident at work, what are my rights?”

I Had An Accident At Work, What Are My Rights?

By Stephen Hudson. Last Updated 7th May 2024. Have you had an accident at work? If so, you could potentially claim compensation from your employer if negligence on their part is what led you to suffer your injury at work. 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 in work environments. 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.

A foot slipping in an open floorboard.

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:

In the meantime, if you’ve had an accident at work, here’s how to claim.

Select a Section

  1. The Criteria For Claiming For Injuries At Your Workplace
  2. Can I Still Claim If I Work In A High-Risk Industry?
  3. Evidence To Support A Claim For An Accident At Work
  4. I Had An Accident At Work – What Are My Rights?
  5. Accident At Work Compensation Payout Examples
  6. Injured Workers Rights – Get In Touch For No Win No Fee Legal Help
  7. Useful Links On Accidents At Work

The Criteria For Claiming For Injuries At Your Workplace

Your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974. This legislation establishes that employers should take reasonable steps to protect their workers from harm while they are in the workplace and performing their work-related duties. For example, they should perform regular risk assessments and ensure all employees have received appropriate and sufficient training.

If you are injured in an accident at work, then you may be able to make a personal injury claim. You may be eligible to start a compensation claim against your employer if the following applies:

  • You were owed a duty of care by your employer.
  • Your employer breached the duty of care they owe you.
  • This breach contributed to an incident at work which injured you.

How Long Do I Have To Claim For A Workplace Accident?

There is usually a three-year time limit for starting a personal injury claim, as established by the Limitation Act 1980. This runs from the date that you suffered your injury in the accident. However, this time limit can work differently under certain circumstances.

If an injured worker lacks the mental capacity to make a claim on their own, then the time limit will be put on hold indefinitely. If this applies, then a litigation friend could start a claim on behalf of the claimant. However, if the injured person later recovers their mental capacity and a claim hasn’t already been made, then they will have three years to start their own beginning from the date of recovery.

If a worker under the age of 18 is injured, then the time limit for starting a claim won’t begin for them until the day of their 18th birthday. A litigation friend could claim on the minor’s behalf before they reach that age. If this does not happen, the injured party will have three years from their 18th birthday to begin their own legal proceedings.

Contact our advisors for free today if you would like to discuss your rights following an accident at work and whether you can start a claim. Our team can answer questions you may have, such as “I had an accident at work, what are my rights?”

Examples of various accidents at work on a construction site.

Can I Still Claim If I Work In A High-Risk Industry?

Even if you work in a high-risk industry, you could still make an accident at work claim if you meet the eligibility requirements, and this caused your injuries. Some examples of when you could potentially make a claim after being injured at work in the UK include:

  • Falling from a height: Your employer is required to supply free and adequate personal protective equipment (PPE) if needed, including harnesses if you are working at a height. Without a harness, you could slip and fall, causing a serious head or back injury.
  • Machinery malfunctions: If you or a colleague has previously reported a malfunctioning piece of equipment and your employer asks you to keep using it without repairing it, this could result in a serious injury. 
  • Electrocution: Working around high-voltage electrical equipment can come with risks, and if your employer fails to mitigate any identifiable risks, it could result in serious electrocution injuries. Electrocution can cause brain damage and damage to your lungs and heart.

These are just a few examples of how you could be injured in the workplace, and our team of advisors are here to help no matter how major or minor your injury is. They can answer questions such as “I had an accident at work, what are my rights in the UK?” and could potentially connect you with one of our solicitors when you get in touch today.

Evidence To Support A Claim For An Accident At Work

If you would like to make a compensation claim for your accident at work, you must have evidence. This needs to show liability for your injuries. A few examples of items that you could collect and submit as part of the claims process include:

  • A copy of the accident book. A book to log accidents and injuries is required by law for any workplace with ten or more employees. This should include details of the incident, your name, the time and date.
  • Your medical records. These can illustrate the nature of the injuries sustained in the accident and detail any treatment you required.
  • Witness contact details. You can note contact information from anyone who saw the incident that caused your injuries. A legal professional can gather witness statements later into the personal injury claims process.
  • Any accident footage. For example, if the accident was caught on CCTV, you can request this footage of yourself.
  • Pictures. You could take photographs of the incident scene, any visible injuries or any item that caused your accident, such as faulty equipment.

In the next section, we further hope to answer, ” I had an accident at work, what are my rights in the UK?” by discussing sick pay and recovering your loss of earnings. You can also contact our advisors to discuss your specific case and receive free advice.

I Had An Accident At Work, What Are My Rights?

If you ask, ‘I had an accident at work, what are my rights?’ one important thing to remember is that you are within your rights to pursue a personal injury claim without fear of dismissal.

If you have been injured in an accident in the workplace, you may require some time off to recover. However, you may be unsure whether you’re entitled to receive sick pay during this time.

If you have taken time off work due to a workplace injury, you may be entitled to receive Statutory Sick Pay (SSP). This is paid to you by your employer for up to 28 weeks, and you could receive £109.40 per week. This is paid to you from the fourth day you are off sick.

However, to be eligible for SSP, you must:

  • Have done some work for your employer and be an employee
  • On average earn least £123 per week.
  • Been off ill for at least 4 days in a row (including non-working days.)

Additionally, you may be able to claim back a loss of earnings as part of your personal injury claim. However, you would need to provide evidence of these losses, such as a copy of your payslips.

Contact our advisors today if you have suffered any injuries at work to see whether you could be eligible for compensation.

Accident At Work Compensation Payout Examples

If your accident at work claim succeeds, your compensation could be made up of two parts: general damages and special damages. All successful claimants receive general damages because this part of the settlement covers your injuries and the physical pain and any subsequent mental health damage you endure as a result. 

When legal professionals value this head of claim, they often refer to the Judicial College Guidelines (JCG). This is a document that provides guideline compensation brackets for a number of illnesses and injuries, with scales for severity.

In the table below, you can see some examples of JCG brackets for injuries that could be caused by an accident at work. Please note that these amounts are not guaranteed.

InjurySeverityAmountNotes
Multiple Severe Injuries Plus Special DamagesSevereUp to £1,000,000+The person will have suffered multiple severe injuries and also experienced financial losses, such as lost earnings.
Brain DamageVery Severe£344,150 to £493,000The person will require full-time nursing care due to suffering various disabilities such as double incontinence and little to no language function.
Brain DamageModerate (ii)£110,720 to £183,190A moderate to modest intellectual deficit with some risk of epilepsy and working ability greatly reduced.
Back InjurySevere (i)£111,150 to £196,450Damage to the spinal cord and nerve roots that will cause severe pain, impaired sexual function and incomplete paralysis.
Back InjuryModerate (i)£33,880 to £47,320Compression or crush fractures of the lumbar vertebrae causing constant discomfort and pain.
Neck InjurySevere (i)In the region of £181,020These types of injuries are usually associated with incomplete paraplegia or result in permanent spastic quadriparesis.
Neck InjuryModerate (i)£30,500 to £46,970Dislocations or fractures that cause immediate severe symptoms which may require spinal fusion.
Facial DisfigurementVery Severe Scarring£36,340 to £118,790A severe psychological reaction and very disfiguring cosmetic effect in claimants between their teens and early 30s.
Foot InjurySevere£51,220 to £85,460Both feet or heels have been fractured causing permanent pain and restricted mobility.
Foot InjuryModestUp to £16,770Ruptured ligaments, simple metatarsal fractures or puncture wounds and the like.

Special damages address the financial losses caused by your injuries. For example, if you need to take time off work to recover, this can lead to a loss of earnings. Under special damages, you may be able to claim past and future lost earnings back, along with the cost of:

  • Childcare
  • Housekeeping
  • Prescriptions
  • Travel
  • Mobility aids 

However, it’s important to note that you must be able to prove these losses in order to make a claim. You can do this by keeping relevant receipts, bills, and invoices. 

Have you had an accident at work, and would like to know more about claiming? Our advisors are available 24/7 to offer advice, and answer questions such as “I had an accident at work, what are my rights?” Get in touch today by following the information at the top of this page to learn more.

Injured Worker’s Rights – Make A No Win No Fee Claim

If you had an accident at work and are eligible to seek compensation, you might benefit from the support of a solicitor. One of our solicitors could represent your personal injury claim.

Our solicitors usually offer their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.

Under this type of arrangement, your solicitor won’t ask for upfront or ongoing payments for their services. You also won’t be expected to pay for your solicitor’s work on your case if your claim doesn’t succeed.

Your solicitor will be due a success fee in the case of a successful claim. This fee is a small percentage of your compensation which is subject to a legislative cap.

If you have any questions about seeking injury at work compensation payouts in the UK on a No Win No Fee basis, please get in touch with an advisor. They can also discuss your rights and an employer’s responsibilities in more detail, such as whether an employer should record injuries after an accident at work.

To speak to an advisor:

An accident at work solicitor writing in a notebook

Useful Links On Accidents At Work

Thank you for reading our accidents at work claims guide. Here, we have some useful links and common questions about an injury at work.

If you’d like to learn how to make injury at work accident claims, please contact Legal Expert today. Our advisors are available to answer queries you may have such as “I had an accident at work, what are my rights?” If you have had an accident at work, we can tell you in just one phone call if you’re eligible to claim.

More Helpful Links

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

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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