Claiming compensation for employer health & safety negligence

By Ian Morris | Updated June 12th, 2024

44 questions have been answered on this subject - ask us your question

Accidents in the workplace can happen to anyone and often occur as a result of negligence on the part of the employer. Employers in the UK have a legal obligation to protect their workers whilst they are on site. Whatever type of job you do, you should be safe and working in an environment that is free from any dangers or hazards. If that isn’t the case, you may be entitled to make a Health and Safety claim for employer negligence.

Health and safety regulations

Employers are responsible for the implementation and adherence to heath and safety laws and guidelines. If these guidelines are not followed through negligence, serious accidents can occur. On occasions, employers fail to implement health and safety regulations correctly, if at all. In such instances, the chance of an accident occurring in the workplace increases significantly.

Such accidents could be the result of employers not providing their employees with the right amount of training, the right guidance when it comes to using equipment or the right tools and clothing to wear whilst they are in the workplace.

If you have had an accident at work because your employer has not taken the necessary steps to protect you whilst you are working and has failed to follow health and safety rules and regulations, then you may be entitled to compensation. If health and safety hasn’t been followed then your employer will be found negligent and liable to pay compensation.

Get legal advice

If you think that your injuries are the result of negligence of your employer, then you should seek legal advice. Hiring a personal injury solicitor who specialises in work accidents would put you at an advantage. They will be able to advise you of your rights after an injury at work and guide you through the processes involved in claiming for compensation and be able to tell you whether or not you have a strong case for compensation against your employers.

You will have to prove that your injuries are the result of health and safety laws not being properly enforced in the workplace and you will need to have medical records showing the details and extent of your injuries. Your solicitor will be able to tell you more about this and how you will go about claiming for compensation. It may seem daunting but with a good solicitor on hand you will feel very reassured.

Your compensation will cover any medical expenses, loss of earnings and even the impact that the accident might have had on your life. Each case is considered on an individual basis, so compensation may vary from case to case.

44 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming...

Even if there was no injury, the lack of health and safety, and fire safety training, coupled with the delayed or ignored responses to clarification requests, I believe the following compensations should apply:

Emotional Distress: £1,000 for the psychological impact without physical injury.
Breach of Duty: £500 for failing to provide mandatory health and safety and fire safety training.
Loss of Trust and Confidence: £1,000 for the impact on your sense of security and well-being at work.
Potential Risk: £1,000 for being exposed to potential risks due to inadequate training.
Total Compensation: £3,500

If there is no injury, there is no route to compensation. However, if you have suffered a demonstrable psychological or emotional injury that has required medical treatment and has sufficient severity as a result of employer negligence, you can pursue a claim for compensation.

There is no specific penalty in terms of compensation to an individual for breach of duty unless an injury is caused, so an employer not providing training isn’t necessarily liable to compensate an employee – the employee needs to be injured as a result. Likewise with loss of confidence or trust in the employer or potential risk. The potential issues can see the employer facing legal redress from relevant authorities like the HSE who may issue fines or even take criminal/statutory action against the Directors of the employer for their failure to follow the law and uphold their statutory duties.

My employer did not provided any health and safty training at a new place, after i made a formal clarification in to why, no answer was given, is it posible to sue them, i will report this to HSE, after finish with internal delays of ignorance

Thank you for contacting us about your situation at work.

Your employer is breaching duty and legal obligation by not providing any health and safety training. You can certainly report this to the authorities and recommend that you should do so.

In terms of suing the employer, have you been injured in an accident because of the lack of training or health and safety breaches? If so, you can pursue a claim and we can help you to do so.

Please let us know what has happened so that we can further assist.

I’ll am a supervisor for a venue, have not been trained for years. we haven’t done fire drills ever, however I’m expected to supervisor a large venue for the public fire safety out of date.

It is vitally important that you put your concerns regarding training and fire safety at work to your employer, in writing. Hopefully, the employer will act on your concerns and instigate new training and a refreshment of the fire safety protocols at your workplace. If the employer fails to act on your written report of any concern, you have at least protected your rights should anything happen.

I want to make a claim against my employer. I walk round my work in the car park about 20 miles I am provided no footwear and have burned through 3 pairs of shoes. I work in all weathers and have slipped on ice and gotten heatstroke through working 9 hours in the intense heat moving trolleys at a fast pace on my own. I’m becoming less and less able to walk on my right foot but havent had it checked yet but when I am on holiday they will get 3 or 4 people to do the job I do on my own and before I started apparently there was always two people doing trolleys but with me it’s just me. I’m not sure what type of claim this would be but there are serious health and safety risks to me

Have you ever complained in writing to your employer regarding the situation you describe? Have you requested suitable footwear from the employer? Pursuing a claim in the circumstances you describe is not impossible, but would be very difficult to succeed with a claim without having been some evidence of employer negligence. With this in mind, you should make a written request to your employer in which you seek a copy of the risk assessment for the work you undertake. You should also make sure that your footwear issue and the episodes of slipping on ice and heat stroke are noted.

I’ve been under constant stress of restructures made by my employer annually (sometimes more frequent) over the past number of years. I was even put on a FTC after one restructure after being a hard working permanent member of staff for over 18 years. This job insecurity and constant pressure has taken a big toll on my mental health. Are there any grounds in this situation to pursue constructive dismissal if I leave?

We’re specialists in personal injury, so can’t really advise on employment law matters – but one of the specialist Solicitors we work with has an excellent employment law department, so we can get you advice via them if you make further contact with us.

Hello,
I worked for company few months ago lifting and boxing saddles. I wasn’t given any manual handling training or any paper work to show correct way of using pump truck etc or lifting and bending. I would pack saddles then would have to move them near exit for delivery to pick up. I was laid off but I wasn’t given any training or any health and safety. Since leaving job I suffer with lower back pain. Previous jobs I worked had we have had training n watched videos etc.

You appear to have a valid workplace back injury claim against the employer on the basis of their negligence in failing to provide adequate training to enable you to work safely.

I was pregnant in my previous employment and got told I’d never be left alone, the further along I got. Although I was always left alone and an incident happened where I had to go to hospital. Also I was never given or signed a risk assessment. Can I take legal advice on this?

We need to know a little more about the incident you refer to and why you were hospitalised. It is quite possible that you should get some legal advice, but we need to know a bit more about your work and what happened before we can advise further. If you would rather communicate with us privately, please email us directly at justice@direct2compensation.co.uk regarding your situation and we’ll be happy to help.

I was injured at work due to a work mates negligence I had to leave on medical grounds, I sued the Company but the compensation was a nonsense. I lost thousands of pounds in lost wages, can I sue the person who caused the accident?

Whilst the legal system would enable you to make a civil action claim against the individual in question, the reality is that the cost of undertaking such a claim and the risk that you may have to accept to pay those costs if you were not successful or if you were not awarded costs in any judgement render the option meaningless. Such a claim is not a matter that would be pursued by a Solicitor on a No Win No Fee basis.

My employer should have replaced a bearing on my buss every 3 years but this one slipped under the radar, 9 months later when i was driving it the bearing collapsed and the wheels came off, luck has it no one was hurt apart from me.v It has caused my great amount of mental stress to the point i do not wont to work again driving busses as i cannot put any faith in the maintenance.

Have you made a claim for the personal and psychological injuries sustained in this accident? The maintenance issue you cite should see you able to succeed with a claim.

Please let us know if you would like our help making a claim for compensation.

My employer is not allowing people to work from home even though I have full capability too. I sit in an office with 15 people and no one is allowed to wfh despite all having ability to do so. I have spoken with my line manager and director and they have asked the chairman but he is refusing to allow people to work from home completely ignoring the government advice! What action can I take as I feel my employer could be guilty of gross negligence for hundreds of people and their families here…

At this stage there is no claim to be pursued and no right to force your employer to allow you to work from home. The government have so far ‘advised’ that people should work from home where possible. Should that ‘advice’ become a legal requirement, your employer would then have to allow you to do so.

I had a car accident on my way home from work and broke my back in 2 places. the company car lost power and i since found out that this had happened to someone before myself. i don’t think this was ever reported, could my company be classed as negligent as they are now trying to push me out of the company as at the moment i cannot do my job due to having also a displaced coccyx and I am awaiting some more surgery?

It is almost certainly the case that you would not be able to hold your employer liable for the accident you have had. Even though your vehicle lost power and another company vehicle may have previously suffered the same mechanical fault, the fact that the company were not made aware of the issue as it was not reported, would indicate that the employer would not be seen as being negligent.

I have been employed for 8 months with a company now yet I’m still waiting for PPE boots and jacket, I’ve stood on a rusty nail and also I am supposed to get 1 hour unpaid lunches which I rarely get due to work loads, the foot injury is in the accident book. I want to sue for gross negligence and excessive workloads is this possible? I have logged almost every time I’ve not had a break and also I have a log of my foot injury.

We can certainly help you make a claim for the injury to your foot as a result of your employers negligence in failing to provide you with the correct PPE footwear.

In 2015/16 I developed arthritis in my knees and back due to being coerced to carry heavy pouches in my work place contrary to health and safety.

I was classed as being a disabled employee following my consultation with employee health services.

Thereafter I worked by carrying very light bundles in my hand for delivery.

In 2019 my new manager coerced me to start carrying pouches again even though I informed him I had back and knee problems. This resulted in my sick leave from 30/7/2019 to date.

I have been recently diagnosed with spondolytis and a bulging lower back disc. I also suffer stress from the period stated to datw.

If your employer is not following health and safety guidance and asking you to lift items of an unsafe weight in an unsafe manner and without adequate training, they are being negligent and you may be able to make a claim against them.

As your symptoms date back to 2015, you may struggle in your claim as the injuries are clearly more than 3 years old. However, it may be possible to claim for the exacerbation of your symptoms and recover damages for that aspect of your situation.

Can an employee institute a civil claim against the employer if the incident was caused by negligence of the employer?

Under UK law, if there was an incident at work that was caused by employer negligence the employee would have every right to start legal proceedings against the employer – either via a personal injury claim or employment law.

Can I seek compensation from my employer for their failings which led to my psychiatric trauma and ultimately quitting my job?

You do have a right to make such a claim. You will need to be able to draw on documented evidence to support any such claim.

Can I claim compensation for personal injury by a colleague for sexual harassment?

If it can be demonstrated that your employer failed to protect your safety at work, you may have a right to make a claim. In this case, your employer will need to have been informed of the harassment that you suffered from in writing and then failed to act on these reports.

I had an accident at work, my foot was trapped on a lorry and as I fell my foot came loose propelling me out of the lorry. I landed on my arms and broke both my arms. I was employed through an agency where I had no health and safety training on the job, I was just sent out with a colleague to assist them. Where do I stand am I eligible to make a claim?

As an agency worker, you are afforded the same rights under the Health and Safety at Work Act and safe working regulations as any full time employee. We would be happy to assist you make your claim for accident at work compensation and can advise you as to what you need to do and how to go about ensuring that your claim has the very best possible prospects of succeeding.

Hi I had an accident at work in July last year and am in the middle of a claim. I lost my job in september due to taking too much time off work but the company never gave me any verbal or written warnings. I believe they were worried about me making a claim and found an easy way of getting me out of the company, also I never had any introduction or manual handling procedures. I have reported them to hse but they are not even bothering with the company when the place is a health trap. We was made to work when the factory was smoked out by plastic burning from the machines and some of the plastic said it was dangerous to you lungs. I believe the company is negligence to all their staff.

Employers are legally able to terminate employee positions on the grounds of ill health and inability to work – even if they were injured whilst at work. That said, they must follow due process and act in accordance with Employment Law.

Your current solicitor should ensure that your personal injury claim is represented properly and if applicable, claim loss of income relevant to the loss of your position with the firm.

I had a seizure at work after informing my manager I was left unattended without seeing a first aider or any other management staff for 45 minutes. Does this count as gross negligence?

It is certainly foolish and not good practice as it would have been wise to immediately call medical professionals to attend you.

As an employer what are my legal obligations following a work place accident that resulted in a death and also what are the duties on the individuals involved and the managers?

In a serious incident at work resulting in serious injuries or a fatality, the relevant authorities will investigate the matter (Police, HSE and RIDDOR). Your obligations as an employer is to fully cooperate with any such investigation and provide all relevant documentation requested (such as training records, maintenance records, insurance details etc).

The individual Managers and business owner/Directors can face prosecution if it is shown that they failed in their duties to minimise the risk of such a serious incident.

Health and safety regulations

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