I Was Injured At Work, What Are My Rights UK?
By Stephen Hudson. Last Updated 6th April 2022. In this guide, we’ll focus on the following question: “I was injured at work, what are my rights?”. If you have been injured at work you could be entitled to make a workplace injury claim. All employers have a duty of care to protect their staff and to provide all the necessary training in any health and safety issues which may affect employees. They must also provide all the required personal protective equipment. In the event of a workplace accident employers also have a duty of care to report accidents and incidents which occur during work duties. They must also pay sick pay and should give employees time off after an accident at work, should it be necessary.
If you have had a workplace accident whilst carrying out your duties at work, or find that your workplace is in some way making your ill, you could be entitled to make a workplace injury claim. You may be entitled to make a claim for injury at work compensation after an accident if you suffered injuries because of employer negligence. If you have been injured at work, your workplace injury could be either a physical injury, a psychological injury caused by stress or workplace bullying. You should take legal advice and start making your claim as soon as possible after your initial accident. You can get free legal advice by reading our guide below, contacting us online using our live chat or contact form or by calling 0800 073 8804.
Select a section
- If You Have An Accident At Work, Do You Get Paid?
- What Are My Rights After An Accident At Work?
- Accident At Work Procedure
- Accident at Work Statistics
- What Should You Do After A Workplace Injury?
- Have You Been Dismissed After An Accident At Work?
- Accident At Work Compensation Calculator (Updated April 2021)
- No Win No Fee Injured At Work Claims
- How Legal Expert Can Help
- Useful Links
- Injured at work claims- FAQs
One of the most common questions asked after a workplace accident is, ‘if you have an accident at work, do you get paid?’ In most cases in which someone has been injured at work, because of an accident at work, you will only have the right to claim standard statutory sick pay. Your employer may also have an extra scheme for paying more in compensation for time off caused by a workplace accident or workplace injury. They may also choose to, or have clauses in your contract of employment, to pay extra depending on the circumstances of the accident and injury. The amount of sick pay that you are entitled to won’t generally be affected by different types of accidents at work that people can suffer or the cause of their injury or illness. However, your employer may have special schemes in place to pay additional sick pay for your injury caused by an accident at work. Check with your employer to see if your contract includes additional benefits or payments for employees injured at work in the UK.
Remember, if your employer is responsible for your illness, injury or inability to work, you have a legal right to make a personal injury claim. This legal right to make a personal injury claim applies to physical and psychological injury claims. Talk to a solicitor today about starting your claim, or read on for an answer to the question “I’ve been injured at work what are my rights?”.
To help answer the question, “I’ve been injured at work, what are my rights?”, it is worth looking at what responsibilities employers are held by employers to protect the safety of their employees and how they should respond should an accident occur.
Accident at work employers responsibilities are numerous. 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 an 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.
No matter the size of the business all employers must take the steps listed below to minimise the chances of employees being injured at work. These are;
- Making the workplace safe and preventing risks to employees health. As well as providing all the correct and necessary personal protective equipment to employees free of charge.
- Ensure that any machinery is safe for employees to use.
- Ensure that safe working practices are taught to and observed by employees.
- Make sure that all materials are handled and stored safely and correctly.
- Provide adequate first aid training and facilities.
- Notify employees about any potential hazards, such as chemicals or other substances and provide appropriate training, supervision, and equipment for these substances.
- Ensure workplaces have proper ventilation, temperature, and lighting as well as wash and toilet facilities. They also must provide rest facilities and ensure all these meet health and safety requirements.
- Take any necessary precautions against fire hazards and risks.
- Avoid or take precautions against employees being involved in dangerous manual handling operations and take all necessary precautions to reduce the risk of workplace injury happening.
- Ensure that all accidents and injuries, as well as industrial diseases and dangerous situations, are reported to the UK’s Health and Safety Executive.
Your employer must follow the accident at work procedure as outlined above. If you are an employee, the first thing to do if you have been injured at work is to seek any necessary medical treatment. At the same time, if possible, you should also ensure any accident is recorded in your employer’s accident report book. Apart from small companies, all employers are required to keep an accident book. This record is beneficial for employees, acting as a record of any accidents or injuries in case an employee needs to take time off or if people need to claim compensation later. Recording accidents when someone is injured at work helps an employer to take steps to ensure an accident does not happen again.
Accidents in work are fairly common occurrences. In 2019/20, 65,427 injuries were reported to RIDDOR by employers in Great Britain.
As the graph below shows, the area of Great Britain with the largest number of reported workplace accidents is the South East. The region with the least number of workplace accidents was the North East.
In total, there were 0.7 million workers who sustained non-fatal injuries in Great British workforces according to the Labour Force Survey. There were 111 fatal injuries to workers in 2019/20.
The costs of work-related injury and illness cost approximately £16.2 billion. New cases of work-related ill health alone accounted for £10.6 billion.
There are several immediate steps that you should take after an accident in which you have been injured at work. Claimants are generally legally entitled to make a compensation claim.
The first thing that you should do if you have been injured at work is to check and follow your companies accident at work procedure. You should ensure that your accident is recorded in the companies ‘accident report book’ and to also ensure that (if relevant) that your accident has been reported to the relevant authorities, such as the Health and Safety Executive. Next, check through your contract of employment to see what sick pay your are entitled to claim. If you have any disputes with your employer, try to resolve them amicably before moving on to litigation.
If there are health and safety concerns which your employer is not taking seriously, point them out to your employer and any colleagues responsible for health and safety procedures. Make a record of these conversations.
Under law in the UK, employees can no be dismissed for making a claim for compensation if they have been injured at work. If your employer does try to dismiss you for making a compensation claim, you may also be able to make a claim for unfair dismissal. As well as being concerned about being dismissed after an accident at work, people also worry about causing a breakdown in the relationship with their employer or manager. In some cases people worry that this will cause the business to make their working life more difficult. If you feel that your employer is acting or treating you in this way, and this causes you to resign, you may also have a case to claim for constructive dismissal.
Now that we have looked at the question “I’ve been injured at work, what are my rights?”, we’ll look at the average compensation values for some injuries that occur in work.
In the accident at work compensation calculator table below, we have included information on some of the most common types of accident and injury in the workplace, as well as what people may be able to claim in compensation for these injuries.
|Head Injury||Very Severe||£264,650 to £379,100||Extremely serious claims deal with victims who may have suffered severe brain damage and left in what is known as a vegetative state.|
|Head Injury||Moderately Severe||£205,580 to £264,650||Head injuries which leave the injured person very seriously disabled, either physically or cognitively.|
|Facial scarring||Very Severe||£27,940 to £91,350||Causing serious scarring and facial disfigurement in relatively young claimants where the cosmetic effect is very disfiguring.|
|Facial scarring||Less Severe||£16,860 to £45,440||Where the disfigurement is still substantial and where there is a significant psychological reaction.|
|Ear Injury||Extremely Serious||£85,170 to £102,890||Total deafness|
|Ear Injury||Serious||£29,380 to £42,730||Total loss of hearing in one ear|
|Back Injury||Severe||£36,390 to £151,070||Severe injuries to either the upper or lower part of the back. May also cause paralysis.|
|Back Injury||Moderate||£11,730 to £36,390||Damage to the ligaments or soft tissues of the back. Can cause constant pain and /or discomfort in the claimants back leading to residual disability.|
|Neck Injury||Severe||£42,680 to £139,210||These injuries may cause lasting pain in the neck for a prolonged period of time and little or no ability to move the neck.|
|Neck Injury||Moderate||£7,410 to £36,120||Fractures to the neck which is painful when moving and also causes stiffness and an inability fully move the neck.|
|Shoulder Injury||Severe||£18,020 to £45,070||Restricted movement, limb numbness or local area paralysis due to a shoulder injury.|
|Shoulder Injury||Serious||£11,980 to £18,020||Dislocation of the shoulder and damage to the lower part of the brachial plexus causing pain in shoulder and neck.|
You can find more information on claiming compensation after an accident at work in our seperate guide here.
Legal Expert work with a panel of dedicated legal solicitors from across the country who can offer clients a specialised no win no fee service. The no win no fee solicitors we work with can help people who have been injured at work as a result of an accident which was not their fault. No win no fee agreements are a special type of legal contract which is used by a solicitor and claimant. It is also commonly known as a Conditional Fee agreement (CFA). The CFA will set out the services that the solicitor provides for the claimant. The contract should also set out when and how the claimant will be charged for the solicitors’ services. No win no fee agreements mean that services should be provided without any upfront fees or charges. Claimants should not have to make any payments to the solicitor during their case.
If your compensation claim is successful, the solicitors’ fees will be paid from any damages which are awarded to you. Typically the percentage will be specified in your contract must be less than 25. If your personal injury compensation claim is unsuccessful, your solicitor will not charge you for their work. The solicitors we work with have helped people across the country to secure the damages they are owed. You can view examples of compensation claim amounts in our No Win No Fee solicitors guide.
If you’re wondering “I’ve been injured at work, what are my rights and how can Legal Expert help?”, then this section will be of use to you. At Legal Expert we work hard to ensure that we always will provide you with all the necessary information to be able to make an informed decision about making a compensation claim, ensuring that you know what you are doing. Our solicitors have decades of experience in helping people to make successful injury at work claims. Talk to us today by phoning 0800 073 8804. You can also start your claim by sending us the details of your accident and injury via email to email@example.com. Alternatively, reach us by using our online chat feature on our site to talk to us straight away.
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.
Accident Report Book
Find out the best way to make a compensation claim when your accident has not been recorded in the accident report book with our compensation guide.
Accident At Work Compensation Claims
Read our guide on how to make an accident at work compensation claim if you have been injured at work. Find out how much compensation you may be entitled to.
This link will take you to a collection of statistics from the Health and Safety Executive.
An NHS guide to administering first aid.
Further Helpful Guides:
- Must You Be An Employee To Claim For Workplace Injury?
- Accident At Work Compensation Claim Time Limits Explained
- No Report Or Record In The Accident Book – Can You Still Claim?
- How Long After an Injury at Work Can I Claim Compensation?
- Workplace Accident Claims Guide
What is the most common type of workplace injury?
In 2019/20, the most common cause of workplace injury according to HSE was slips, trips and falls on the same level.
Is an employer responsible for an employee’s injury?
An employer has a duty of care to ensure your safety as far as is reasonably practicable while you’re at work. If they’ve neglected this duty, for instance by not providing proper training or PPE, and you’re injured as a result then you may be able to claim compensation.
Do I get full pay if I get injured at work?
If you must take time off work because of an injury you’ve sustained because of employer negligence, then you may be entitled to Statutory Sick Pay for a maximum period of up to 28 weeks. Whether you are entitled to full payment of your wages or any other benefits will depend on what your work contract entitles you to. If you can make a valid compensation claim because of a work injury caused by negligence, then you may be able to recoup any earnings you’ve lost due to the work injury under special damages.
What can I claim if injured at work?
If you’re injured at work, then your personal injury compensation will be made up of general damages and special damages. General damages will cover the pain and suffering your injuries caused you both in the short term and the long term, and special damages will cover financial losses like loss of earnings.
Should I get a solicitor if I got hurt at work?
You don’t need a solicitor or seek legal advice in order to make a personal injury claim. However, the experience of an expert personal injury solicitor will help improve the chances of your accident at work claim.
Who pays the compensation when an employee is injured?
When you’re injured in an accident at work and make a claim, your compensation will be paid from employers’ liability insurance which is compulsory because of the Employers’ Liability (Compulsory Insurance) Act 1969.
How long can you claim for an injury at work?
You have three years from the incident to make a claim for an accident that occured in the workplace.
Do you have to report an injury at work?
Some injuries do need to be reported to RIDDOR, such as fatal accidents or those involving specified injuries. But it’s good practice to keep a note of all accidents and injuries that occur in the workplace.
If you would like to speak to an advisor about the question “I was injured at work, what are my rights?” or any similar queries, you can contact Legal Expert for help. You can contact us using the contact details featured within this guide.