A Guide To Your Legal Rights If You Get Injured At Work
By Stephen Hudson. Last Updated 28th June 2024. In this guide, we explain your legal rights if you suffer an accident at work.
We explore whether or not you’re entitled to get paid if you get injured and have to take time off work, the criteria for making a claim for an injury at work, and how our experienced No Win No Fee solicitors can help you take action today.
You can get free legal advice by reading our guide below, contacting us online using our live chat or contact form or by calling us for free on 0800 073 8804.
Select A Section
- What Are My Rights After An Accident At Work?
- What Is Statutory Sick Pay?
- Do I Get Full Pay If Injured At Work?
- Do I Have The Right To Claim Compensation For An Injury At Work?
- Compensation Payouts For Accidents at Work
- Legal Expert Can Help Protect Your Rights
- Learn More About Your Rights If Injured At Work
What Are My Rights After An Accident At Work?
To help answer the question, “I’ve been injured at work, what are my rights?”, it is worth looking at what responsibilities are held by employers to protect the safety of their employees.
All employers are responsible for the health and safety of both their employees as well as any visitors to their premises (these could be customers, suppliers or the wider public). Additionally, there are regulations as well as accident at work procedures for hazardous environments as well as industrial settings.
All employers must carry out a risk assessment in line with HSE guidelines. They must then carry out the steps necessary to ensure the health and safety of employers and visitors. This included training and employing enough first aiders and providing suitable first aid equipment.
Could I Get Sacked For Having An Accident At Work?
In most cases, the answer is no. However, if you were deemed at fault for causing the injury, then your employer could use this as a justification for sacking you.
In cases where your employer has sacked you wrongly, you could make a separate claim for unfair dismissal.
We’ve compiled a comprehensive guide on the question of accidents at work and dismissals, which you can read here.
What Is Statutory Sick Pay?
Statutory Sick Pay (SSP) is a scheme paid by your employer that can provide a form of income while you are off work sick or injured. If you are ill or have been injured at work, sick pay can be offered through this scheme if the following applies:
- You work directly for an employer, or you are an agency worker (self-employed workers can’t claim SSP).
- You have been off work sick or injured for four full days or more in a row (including your non-working days).
- The amount you receive for your job is at least £123 a week on average, before tax.
- You must have already started work with your current employer (you can’t claim SSP if you are sick before starting your job).
When you’re eligible to claim Statutory Sick Pay, you can receive a set weekly amount for up to 28 weeks.
To claim SSP, you need to prove you have an illness or injury that is stopping you from working. This can be done by obtaining a fit or sick note from a qualified medical professional such as your GP, a hospital doctor or a nurse.
You can contact our advisors for free today if you would like to ask questions about claiming compensation for an accident at work or sick pay.
Do I Get Full Pay If Injured At Work?
The answer to this question lies in your employment contract. Let’s break it down:
- Your contract should have a section titled “sickness” or “absences”. Here you’ll find out your rights to sick pay
- Some firms do not pay sick pay. By law, they do not have to, but they must pay you SSP if you’re off work for some time
- Some companies may pay sick pay in full for a limited period of time. For example, 2 weeks or even 2 months. After this runs out, you’ll move on to SSP for up to 28 weeks
Additionally, you could claim for a loss of earnings under special damages in your workplace injury claim. We’ll look at special damages in more depth later in this article.
Call our advisors to discuss what special damages you could recover in a personal injury claim. They could also offer you free advice for your specific claim.
Do I Have The Right To Claim Compensation For An Injury At Work?
Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. Per this duty, they must ensure your health and safety while in the workplace so far as is reasonably practicable. In the section above, we listed some examples of the steps your employer could take to maintain their duty of care.
If you have been injured at work, you may be able to make an accident at work claim. However, you must be able to meet the relevant eligibility criteria, which is:
- Your employer owed you a duty of care.
- They breached this duty of care.
- Due to this breach, you suffered an injury.
For example, if your employer failed to provide you with sufficient manual handling training, this could cause you to suffer a back injury while you are performing your lifting and carrying duties due to poor technique.
To see whether you may be eligible to make a claim for compensation for an injury at work, you can contact our friendly team of advisors today.
How Long Do I Have To Claim After A Workplace Accident?
If you’re interested in making an injury at work claim, it’s important to note that you must start proceedings within the relevant time limit. This time limit is three years, as set out by the Limitation Act 1980, and begins on the date you were injured.
The time limit freezes for those injured while under the age of eighteen. A litigation friend can start legal proceedings at any time while the time limit is frozen, otherwise, the limitation period will begin on their 18th birthday and end when they turn 21.
Similarly, the time limit is suspended indefinitely for claimants who lack the capacity to claim for themselves. The time limit only applies if they regain the capacity to claim for themselves; if not, a litigation friend can bring a claim on their behalf at any time.
Our team of advisors are here to help. Get in touch today to find out if you are within the time limit to make a work injury claim.
Legal Expert Can Help Protect Your Rights
If you are eligible to make a personal injury claim following an accident at work, one of our solicitors could help you with your case. They could assist you with gathering sufficient evidence, filing your claim within the correct time limit and negotiating a compensation settlement on your behalf.
Furthermore, one of our solicitors may offer to work on your work injury claim on a No Win No Fee basis by offering you a Conditional Fee Agreement. With this contract in place, you will not need to pay them for their legal services upfront or while your claim is progressing. You also won’t be required to pay for their work if they are unsuccessful in obtaining compensation for you.
Should they succeed, however, you will have to pay them a success fee. This fee will be taken directly from your compensation as a legally limited percentage.
Contact our advisors today to see if you could work with one of our No Win No Fee solicitors. They could also offer you free advice for your case and answer questions such as, ‘I was injured at work, what are my rights?’. Connect with them today by:
- Calling 0800 073 8804
- Completing our ‘claim online’ form for a callback.
- Using our live chat.
Learn More About Your Rights If Injured At Work
If you’d like to learn more about accident at work claims, we’ve included some helpful links below:
- Compensation Claim Time Limits – Find out how long you have to make a personal injury claim after an accident or injury with this guide.
- No Win No Fee Claims – Read our guide on how to make a successful no win no fee compensation claim, whether you have been injured at work or in another setting.
- NHS- First aid – An NHS guide to administering first aid.
Below, you can find a list of guides which may tell you more about injury at work claims:
- How Can I Claim Chemical Burn At Work Compensation?
- How To Claim If Injured While Unloading A Wagon.
- One Person Doing A Two Person Lift – Accident And Injury Claims
- If you’d like to learn more about whether or not you could be sacked after having an accident at work, head here. We have a detailed guide with lots of useful advice.
If you would like to speak to an advisor about your rights to getting sick pay or paid in full by your employer after an accident at work, get in touch.
