I Had An Accident At Work, What Are My Rights?
By Cat Way. Last Updated 22nd November 2023. Have you had an accident at work as a result of third-party negligence? 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.
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
- Use our contact form
- 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
- Claim Criteria For Injuries At Your Workplace
- Can I Still Claim If I Work In A High-Risk Industry?
- I Had An Accident At Work – What Are My Rights?
- Accident At Work Compensation Payout Examples
- Injured Workers Rights – Get In Touch For No Win No Fee Legal Help
- Useful Links On Accidents At Work
If you’ve had an accident at work, you might be wondering if you can make a claim. In order to form the basis of a valid personal injury claim, you have to be able to prove that:
- Your employer owed you a duty of care.
- They breached this duty of care.
- You were injured as a result.
Under the Health And Safety At Work etc. Act 1974 (HASAWA), employers owe their employees a duty of care. This means they have a legal responsibility to take all reasonably practicable steps to keep their employees safe while working.
There are many ways that an employer could breach this duty of care, and we’ll discuss this further later on in this guide. But if a breach of this duty results in you being injured at work, then you may be able to claim compensation.
To learn more about claiming for injuries at your workplace, contact our team of helpful advisors today. Our team are friendly and can answer any questions you may have about the accident at work claims process.
Workplace Accident – How Long Do I Have To Claim?
Something to be aware of if you’re considering a claim for an injury at work in the UK or searching for work injury lawyers is that there’s usually a time limit for starting such legal action. By law, under the Limitation Act 1980, the standard time limit for starting injury at work claims is three years. This usually starts from the date the workplace accident took place.
In some instances, the time limit can work differently. If someone under the age of 18 is hurt in a workplace accident, then they will not be able to start a claim on their own. The time limit will start from the day they turn 18. It may be possible for a representative to start a claim on behalf of the claimant before they turn 18 as a litigation friend.
The time limit for starting a work injury claim is suspended if the potential claimant lacks the mental capacity to make decisions independently. A representative who can be trusted to protect the claimant’s interests may be able to start a claim on the injured party’s behalf as a litigation friend.
Even if you work in a high-risk industry, you could still make an accident at work claim if your employer failed to uphold their duty of care, 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.
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. However, your case must be supported with sufficient evidence, such as CCTV footage of the accident.
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 classed as an employee.
- Earn an average of at 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.
If your accident at work claim succeeds, your compensation could be made up of two heads: general damages and special damages. All successful claimants receive general damages because this head of claim covers your injuries and the pain and suffering 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.
Injury Severity Notes Amount
Multiple Injuries Plus Special Damages Severe Multiple serious injuries combined with lost earnings and other financial losses Up to £1,000,000
Brain Damage Very Severe 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. £282,010 to £403,990
Brain Damage Moderate (ii) Brain damage of this severity would take into account cases of intellectual deficits, a personality change, and risk of epilepsy. £90,720 to £150,110
Back Injury Severe (i) Cases of trauma to the spinal cord or nerve roots, leading to combination of serious consequences. £91,090 to £160,980
Back Injury Moderate (i) Residual disability, soft tissue damage, pain and moderate consequences due to a crush or compression fracture. £27,760 to £38,780
Neck Injury Severe (i) Injuries of this nature would be in association with incomplete paraplegia or resulting in permanent spastic quadriparesis. In the region of £148,330
Neck Injury Moderate (i) Cases of this nature often include fractures or dislocations that result in immediate symptoms. £24,990 to £38,490
Facial Disfigurement Very Severe Scarring Usually applicable to teens to their early 30s and could result in relatively traumatising impact cosmetically. £29,780 to £97,330
Facial Disfigurement Significant scarring 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. £9,110 to £30,090
Foot Injury Severe Severe pain and trauma that has a life-altering impact due to both heels or feet being fractured. £41,970 to £70,030
Foot Injury Modest Simple fractures, ruptured ligaments, and puncture wounds that cause continuing symptoms. Up to £13,740
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:
- 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.
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.
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.
If your claim has a successful outcome, your solicitor will take a success fee from your compensation award. The percentage that can be deducted is capped by the law.
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.
To speak to an advisor:
- Fill in our claim online form for a call back.
- Call 0800 073 8804
- Ask your question in our live chat.
Thank you for reading our accidents at work claims guide. Here, we have some useful links and common questions about an injury at work.
- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013: This HSE guide provides details on the injuries that need to be reported under RIDDOR.
- HSE Accidents at Work Statistics: Statistics and information on workplace injuries in the UK, published by the HSE.
- The Government’s Guide to Accidents At Work: If you’ve been injured at work, this government guide will tell you what steps you can take.
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:
- Discover more answers to your queries on our accident at work FAQs page
- Can I claim compensation if I’ve left the company?
- Can you lose your job if you claim against your employer?
- Injured due to tiredness or fatigue – can I claim?
- I hurt myself at work, can I make a claim?
- What to do if you cut off your finger at work
- I suffered a burn injury at work, how much could I claim in compensation?
- How to claim compensation for industrial dermatitis
- I was injured at work – what are my rights?
- Is my employer liable for an accident at work?
- What should I do if I hurt myself at work?
- Who pays my medical bills if I’m injured at work?
- Can I make a claim if injured in my probation period?
- Who pays damages in an accident at work claim?
- I slipped on water at work, can I make a claim?
- Does my employer pay my medical bills if I’m injured at work?
- Can you still claim compensation f you didn’t take time off work?
- Do you have to be an employee to make a workplace injury claim?
- I am a new employee, can I make a claim?
- How do you prove an accident at work claim?
- Do you need to be an employee to make a workplace accident claim?
- What happens if you do not report an injury or accident?
- Can I make a claim if I’m an agency worker?
- I was dismissed after an accident at work, what should I do?
- If I was partly at fault for an accident can I still make a claim?
- I am self-employed and had an accident at work, can I make a claim?
- I had an accident at work due to no safety boots – can I make a claim?
- Can an apprentice make an accident at work claim?
- I suffered a head injury due to no helmet – can I make a claim?
- Can I claim if injured because of no safety goggles?
- What is the time limit for an accident at work claim?
- What are my employers’ responsibilities after an accident at work?
- Will suing my employer create problems?
- How to make a claim for inadequate tools and equipment
- What is the maximum weight I can lift at work?
- Who has the overall responsibility for recording injuries at work?
- How long after an injury at work can I make a claim?
- I fell down the stair at work, can I make a claim?
- Learn more about accident at work claims here