I Had An Accident At Work, What Are My Rights?
By Mark Ainsdale. Last Updated 14th April 2021. Welcome to our guide on suffering an injury at work and filing work accident claims as a result. This guide sets out to answer the question, ‘I had an accident at work, what are my rights?’ If you have suffered a workplace injury, this might be one of the first questions you might ask yourself before filing an injury at work claim. The first thing you should be aware of is that there is legislation in place to protect us if we experience accidents at work and then making a work accident claim.
If our employers breach the duty of care they owe to us, then we could be justified in making a personal injury claim.
No matter what your job is, the type of place you work in, whilst you are at work your employer has a legal duty to ensure you are kept safe from an accident, injury or illness. Employers have to protect their staff and properly inform them about any health and safety issues that can affect them, such as hazardous materials, training on specialist equipment and the correct personal protective equipment.
Employees’ rights after accidents at work detail the legal responsibilities that your employer has. This legislation also obliges your employer to report specific types of accidents and incidents. Your employer is also legally required to pay you statutory sick pay (SSP) and give you the time off to recover from your accident.
What compensation you can claim following an accident at work will depend on the accident circumstances, your injury, and the lasting effects. This guide will take you through everything you need to know about your rights, work accident claims and compensation.
If at any point you want more free legal advice and support, our team can help. You can reach them in any of the following ways:
- Call us on 0800 073 8804
- Write to us about your case by heading here
- Or chat with us now about accidents at work claims by using our live chat
Select a section
- Accidents At Work And Your Rights
- 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?
- 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
Accidents in the workplace are more common than many people think. The Health and Safety Executive’s (HSE) records show that in the financial year 2019/20 the following accident at work statistics was recorded in the UK:
- 38.8 million working days were lost due to work-related illness and workplace injury
- 2,446 people died as a result of past asbestos exposure (in 2018)
- 65,427 employee injuries were reported under RIDDOR
- 111 workers suffered fatal workplace injuries during this time.
- It was estimated that in just one year (2018/ 2019) injuries and illness in the workplace cost the UK as much as £16.2 billion.
So what are the most common causes of a workplace accident? According to the HSE, these are the most common causes of an injury at work:
- Slips trips and falls accounted for 29% of accidents.
- Handling, lifting and carrying accounted for 19%
- Struck by a moving object accounted for 11%
- Acts of violence accounted for 9%
- Falls from heights accounted for 8%
If you have been involved in an accident at work and have been injured, you need to report this to your employer as soon as possible. When you do so, you need to ensure that they record this in the accident report book. If your employer does not have an accident report book or log, or if they neglect to record your incident, write down the incident’s details, which lead to your injury or illness. Make two copies of this, sending one to your employer and retaining the other copy. If you are too ill or badly injured and are unable to directly record the accident yourself, ask someone else whom you trust to do this for you. Ask them to record doing this. All of this could open the door towards an injury at work claim.
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 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 discover more about your rights following accidents at work, get in touch with our team.
Employees rights after an accident at work cover a multitude of entitlements. As well as being able to make a personal injury claim 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 benefit payments after an accident at the dedicated government site. 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 of over 70 different diseases.
Ahead of receiving medical treatment, common medical conditions claimed include asthma, loss of hearing, chronic obstructive pulmonary disease or COPD as it is also known. Industrial Injuries Disablement Benefits also cover diseases and illnesses related to asbestos. This a very carcinogenic material and can cause a wide range of medical conditions and complications. You can find out more about the illness covered by visiting the link above as this could influence your work accident claim.
Accident at work rights are very strongly protected in the UK. In addition to the HSE and RIDDOR as mentioned above entitlements to benefits in some instances, there is also a range of health and safety rules and requirements your employer must follow. These are all designed to protect 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, even if this means leaving work till the situation is resolved.
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 are required to 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 claim, your employer should not prevent you from exercising this right.
By law, every employer is legally obligated to have valid insurance in place 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 a claim successful claim, 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 are required to have insurance in place for this.
To learn more about accidents at work and your rights, please get in touch with our personal injury claims team. They can offer you all of the free legal advice you need.
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 often do not receive the same level of proper training as other 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. All employee types are also entitled to bring compensation claims for accidents, injury or illness.
If you get injured or become ill as a result of 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 a personal injury solicitor today. After all, you may be able to file an injury at work claim.
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 your right not to be dismissed, please get in touch with our personal injury claims team.
Can I Be Sacked For Having An Accident At Work?
By law, you cannot be fired for having an injury 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 too.
Accident At Work Procedure – How To Report Accidents
Once an accident has happened, it’s important to act fast and follow these steps:
- 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.
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 claim for unfair dismissal.
You can make a claim for a personal injury in the workplace if you have suffered an injury or illness due to your employer, not taking the steps necessary to prevent incidents from happening. Your injury does not have to be physical. You could have suffered on a psychological or emotional level as a result of workplace bullying, harassment, intimidation or stress. In these cases, it is likely you will 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 talk to a solicitor as soon as possible as time limits can apply to making a work accident claim.
If you have had a workplace accident, there are a variety of different expenses that you can claim for. The most common types of costs you can claim compensation for are medical expenses (such as private medical care and medicines), personal injury (including pain/ suffering and emotional & psychological suffering), and the loss of function in a body part (including restricted movement).
You can also claim for other financial costs such as travel to and from medical appointments and any financial losses, such as a lack of earnings, as a result of the injury. Don’t forget any financial losses due to your injury. Finally, you can also claim for any costs of adapting your vehicle or home to accommodate life-changing injuries.
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.
Below we have outlined some of the things you will be able to claim, including amounts that you may be entitled to after an accident at work. These figures have been taken from the Judicial College Guidelines, a document used by those in the legal system when working out the value of personal injury claims.
|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 claims.
If you’ve asked yourself the question: “I had an accident at work, what are my rights?” by now you should be aware that you have the right to make an injury at work claim to compensate you for the results of your injury at work.
Once you have seen a medical professional and started receiving the treatment you need, the next step is to talk to a personal injury solicitor about your accident. They will assess your claim, how likely it is that you would win and start to assess how much compensation you could be entitled to.
What Is A No Win No Fee Accident At Work Claim?
A No Win No Fee accident at work claim means there are no fees to pay upfront, and if your claim is unsuccessful, you will have nothing to pay your lawyer. If you win, your personal injury solicitor will deduct a small success fee to cover their legal fees.
Our No Win No Fee Service
At Legal Expert, our team of solicitors are able to work on accidents at work claims using a No Win No Fee agreement. Also known as a conditional agreement, these arrangements mean that our clients don’t incur any upfront costs or have to make any payments to get their case started. The best part is that if your claim is successful, your costs are paid by the other party. If it is not, then there is simply no fee. Just as it says, no win, no fee.
Not all solicitors offer a No Win No Fee service for accidents at work claims, and not all will do so under the same terms. If you decide to use Legal Expert for your claim, we will walk you through our fees and costs, so there won’t be any nasty surprises in your case. A No Win No Fee agreement will reduce your financial exposure, and they have helped a huge number of people across the UK to get the compensation they deserve. Find out more about our No Win No Fee services at Legal Expert.
You should take several immediate steps if you have suffered an accident or illness 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 statements to 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, get in touch with our personal injury advisers for free legal advice.
Accidents in the workplace can be much more common than many of us think. A simple accident like a slip, trip or fall can result in a variety of different kinds of injuries. An accident at work could leave you with physical, emotional or even psychological injuries that last weeks, months, or even years. These injuries can have life-altering results for the people who suffer from them. This can prevent people from being able to live and normal life or from being able to work. An expert solicitor will be able to help you claim the compensation you deserve.
Our clients choose to use Legal Expert to file an injury at work claim for a variety of reasons. Our team of expert 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 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 here, and below, we’ve included one of our favourites.
” 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.”
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, talk to our specialist team at Legal Expert today. Our highly professional team are always on hand and ready to start working with you. We will get you the 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. We can work with you whether you are a full-time, part-time or an agency worker. 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 staff are ready to start working on your personal injury and accident or illness claim today. We will discuss your claim and any possible entitlement to compensation. To speak to our experts today, fill in a contact form or use our great online chat feature. Alternatively, you can speak to us directly by calling us today on 0800 073 8804.
Thank you for reading our guide which set out to explore the answer to the question: I had an accident at work what are my rights?
In this final section, we’ve included some useful links and answers to some other frequently asked questions in relation to 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 had an accident at work, check out our guide to find out if you could be entitled to sick pay.
If you’ve suffered an injury to your back while at work, this guide will help ahead of filing any work accident claims.
If you’ve been harmed by a colleague, this guide will tell you what you need to do to make a claim.
Accidents At Work Claims FAQs
In this last section, we’ve included answers to questions we’re often asked by our clients.
How long does an accident at work claim take?
If the defendant admits liability and your injuries heal quickly, your claim could take between 6 and 9 months to resolve. If the defendant disputes liability, however, or if your injuries take some time to heal, an accident at work claim can take longer.
Are you entitled to full pay if you have an accident at work?
This will depend on your contract of employment—there is no legal requirement to pay sick pay. Some firms may pay reduced pay, some may not pay anything at all. In such cases, statutory sick pay (SSP) can be claimed.
Is an accident at work classed as sickness?
Not quite, though you may be classed as absent from work due to sickness or injury. In such cases, if you experience a reduction in your earnings, you can claim SSP to cover you after the accident.
Can I claim for an accident at work that was my fault?
This will depend upon the circumstances. It may be the case that you were only partially at fault, and in such cases, this would be classed as contributory negligence. 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 solicitors regulation authority has additional information on this subject.
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. Further, employers are legally required to report certain workplace accidents, near-misses (e.g. a manual handling-related incident) and work-related health issues in an accident book under RIDDOR. They should maintain your safety at work at all times, but it must be reported if there’s any compromise.
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 are within your legal rights to make a claim. Should your employer mistreat you or should you professionally suffer any consequences due to your claim (such as a demotion) this could be held against your employer and you could go on to make an employment law claim against them.
How long can you claim for an accident at work?
You are required by law to make your claim within 3 years from the date of the accident. In legal terms, this is also referred to as the personal injury claims time limit, and should you fail to make your case within this timeframe, then the validity of your case could be affected. A law firm can advise on this further.
Do I get paid if I have had an accident at work?
Sadly, there is no obligation bestowed onto your employer to pay members of staff when they are off sick – which also includes cases involving workplace accidents. However, if you take time away from work due to an injury at work, then these costs could be factored into any injury at work claims for accidents at work compensation. So, keep this in mind if filing a work accident claim.
Thank you for reading our guide to which set out to answer the question, ‘I had an accident at work what are my rights?’ We hope you now have more knowledge about work accident claims.