Injured At Work? Understand Your Rights And When You Can Claim Compensation

By Ian Morris | Updated November 7th, 2024

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If you’ve been injured at work, you have important legal rights that protect your health, safety, and financial well-being. These include the right to seek medical attention, report your injury, take time off to recover, and make a compensation claim if your employer’s negligence contributed to the accident. Understanding your rights can help you navigate the aftermath of a workplace injury and ensure that you receive the support and compensation you’re entitled to.

Key Takeaways:

Your Rights: You have the right to medical treatment, time off to recover, and compensation if your employer’s negligence caused your injury.
Employer Responsibilities: Employers are legally required to provide a safe working environment and report serious accidents.
Compensation: You may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
No Win No Fee: You can pursue a compensation claim without upfront legal costs through a No Win No Fee agreement.

Whether it’s a fall at work, an accident involving machinery, or developing carpal tunnel syndrome, the impact of a workplace injury on your life can be significant. Many workers feel torn between their loyalty to their employer and their need to look after themselves. However, it’s important to understand that UK law protects employees who are injured at work. This guide will help you understand what steps to take after an injury and how to protect your rights.

I Was Injured at Work—What Are My Rights?

In the UK, all employees—whether full-time, part-time, temporary, or self-employed—are protected by law when it comes to workplace safety. If you’re injured at work or develop a work-related illness, you have several key rights:

Your Rights Include:

Medical Attention: You have the right to seek immediate medical treatment for any injuries sustained at work.
Accident Reporting: You can report the incident in your workplace’s accident book. This creates an official record of the event.
Time Off for Recovery: If necessary, you can take time off work to recover from your injuries without fear of losing your job.
Sick Pay: You may be entitled to Statutory Sick Pay (SSP) or contractual sick pay while recovering from your injury.
Lighter Duties: If you’re unable to perform your usual job due to your injury, your employer must consider offering lighter duties during recovery.
Compensation Claim: If your injury was caused by employer negligence (such as failure to provide proper training or safety equipment), you have the right to make a no win no fee personal injury claim.

These rights are designed to protect workers and ensure that employers take responsibility for maintaining safe working conditions.

When Can You Make a Work Injury Claim?

Just because you’ve been injured at work doesn’t automatically mean you can claim compensation. To make a successful claim, certain criteria must be met:

Conditions for Making a Claim:

Employer Negligence: Your employer must be at fault for failing in their duty of care (e.g., not providing proper safety equipment or training).
Severity of Injury: Your injury must be significant enough to warrant compensation. Typically, this means suffering for four weeks or more or requiring ongoing medical treatment.
Time Limit: The accident must have occurred within the last three years (with some exceptions for industrial diseases or delayed injuries).

What Injuries Can You Claim For?

Various types of injuries sustained at work can be claim for, including:

Physical injuries like broken bones, burns, or lacerations.
Back injuries after excessive manual handling.
Repetitive strain injuries (RSIs) from poor ergonomics.
Psychological injuries such as stress or trauma caused by unsafe working conditions.

You may also be able to claim for the worsening of a pre-existing condition or if you were partly responsible for the accident (this is known as contributory negligence). You can also still make a claim if your employer has gone out of business.

What Should I Do After an Injury at Work?

If you’ve been injured at work, there are several steps you should take immediately:

1. Get Medical Treatment

Your health is the top priority. Seek medical attention as soon as possible—even if your injuries seem minor initially. Medical records will also serve as crucial evidence in any compensation claim.

2. Report the Incident

Make sure the accident is recorded in your employer’s accident book. If your employer refuses or don’t have one available, report it in writing via email so there’s an official record. We can help you to do so if you haven’t done this already.

Depending on the type of accident, the employer is legally bound to report it via RIDDOR to the Incident Contact Centre of the HSE. As your employer is responsible for reporting to the HSE, you should always check whether this has been done.

3. Gather Evidence

Collect evidence such as:

Photographs of the scene where the accident occurred.
Witness statements from colleagues who saw what happened.
Copies of medical reports detailing your injuries.

4. Confirm Sick Pay

Not all employees will receive full pay if they can’t work due to injury, and commonly your employer will put you on Statutory Sick Pay (SSP). Ensure that you’re receiving this or any contractual sick pay you’re entitled to while recovering. Remember, if you’ve been injured in a workplace accident that wasn’t your fault, you can claim compensation to supplement your sick pay and cover your losses.

5. Attend Medical Appointments

If you’re still receiving outpatient treatments like physiotherapy or consultant check-ups after returning to work, make sure you’re allowed time off for these appointments.

6. Seek Legal Advice

Contact our personal injury solicitors who specialises in workplace accidents. They will assess whether you have grounds for a compensation claim and guide you through the process.

Claiming No Win No Fee Compensation

If you’ve been injured due to employer negligence, it’s within your legal rights to make a personal injury claim. A successful claim ensures that you’re not left financially burdened by an accident that wasn’t your fault. Compensation can cover:

Medical expenses (including ongoing treatments).
Lost wages due to time off work.
Pain and suffering caused by physical or psychological injuries.

Most personal injury claims are handled on a No Win No Fee basis:

No Upfront Costs: You won’t need to pay any legal fees unless your case is successful.
Success Fee: If successful, legal fees will be deducted from the compensation awarded—this fee is agreed upon before starting the case.

This arrangement makes it financially risk-free for workers seeking justice after being injured on the job.

Employer Pressure – Threats Are Against the Law

A common concern among injured workers is how making a claim will affect their relationship with their employer, and their job security. Some employers may try to pressure staff into not making claims by threatening job loss or other consequences.

Know Your Rights:

It is illegal for an employer to fire you simply because you’ve made—or are considering making—a personal injury claim.
If you’re dismissed after making a claim, this could constitute unfair dismissal.
Similarly, if you’re forced out due to pressure from management not to pursue a claim (constructive dismissal), legal action may follow.

If you’re facing threats from your employer regarding a potential claim, seek legal advice immediately.

By understanding these rights and following the appropriate steps after an accident at work, you’ll be better equipped to protect yourself both medically and financially, while ensuring that negligent employers are held accountable for failing in their duty of care.

Clearly, the decision as to whether or not to pursue a claim rests with the injured employee. If the injuries are minor and there are minimal financial losses, it may not be worth claiming. However, where the injuries are more serious and an inability to work follows, exercising your legal right to make a claim for compensation is the only option for most people.

It’s usually really quick for us to find out if you have a valid claim, call us on 01225 430285, or .

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Comments & Questions

Read on for questions and advice about claiming, plus work injury claim examples...

My father is currently in hospital since being injured in a fire in the truck he was sleeping in while working (sleeper cab – end of shift sleep not a quick nap). The truck was burnt out. He is fully sedated and on a ventilator. I understand that the police reported the incident to the HSE. He had only worked for this employer for 3 days and we have been requested by the police not to make contact. How should we proceed?

He is not receiving any wages or sick pay. In addition it is likely, if he survives, that he will have a number of life changing after effects of the accident. His partner does not know where to turn and is obviously focused on being with him at the hospital in case he wakes up.

Clearly, this matter involves a very serious incident in which the severity of injuries and possible long term consequences of them could be substantial.

At this stage, it is unlikely that the cause of the fire is known or whether any negligence can be attached to the employer and it is probable that it could a while before such details are understood. If the Police have attended and the HSE have been informed, investigations will be underway. As you will appreciate, the outcome of such investigations will give an indication as to whether a claim will succeed and if so, against whom.

It would be sensible for an initial conversation between yourself/your Father’s partner and one of our specialist Solicitors to take place at this stage as there certainly is potential to pursue a claim for the serious injuries and long term consequences of this incident.

My accident happened at home 7 months ago. I was off work with a shattered kneecap and I broke my tibia, my sick note has nearly run out now and I’m dying to get back to work but I still haven’t heard anything about when I’m returning to do any shifts. I work behind the bar, I’m waiting for my boss to get in touch with me. I have been told that he is going to phone me, is there any chance he could sack me for the time I have had off work?

This query needs to be addressed to an employment law specialist as the employer must adhere to employment law in terms of whether or not they can dismiss you for the lengthy period that you have been absent from work.

I have broken my big toe at work I have been to the doctors and they have put me on light duties for 2 weeks but work haven’t got anything for me to do and sent me home with no pay. Have I got a case?

To be able to make a claim for compensation as a result of your workplace injury, you’ll need to be able to identify a possible area of negligence against the employer or a colleague (or another party). With this in mind, we need to understand more about how you came to break your toe. You have clearly suffered a nasty injury and a break to the big toe is commonly associated with a reasonably lengthy recovery period and short term problems with mobility and independence.

hi i have recently been off work due to trigger finger been off for a week and then signed off for a week with the doctors not say to return on light duties due to pain in my hand and arm but been put back on my normal role after telling them i was in pain still. what should i do?

You should make a written report to your employer of your injury and note that they failed to listen to your warnings of ongoing pain and then contact us to make a claim for compensation.

I was burned and scarred by a heat lamp at work, and they never reported it or offered any treatment. The heat lamp was never moved even after I voiced concerns of its safety. My employer knew about the incident (and others from other employees) and has still done nothing to correct it. I have since quit the job. The scar I have is on the top of my forearm and I have to look at it every day :/ Is there any compensation for scarring?

Scarring after a burn injury at work is definitely something that can be claimed for.

In your case, the scenario you describe certainly indicates that there is sufficient grounds to warrant further investigation in to a claim. To take this further, please call us or if you prefer, you can ask us to call you.

I was injured and my employer has not allowed me to return to work at all they are requesting all my medical records and I have already given them my doctors note it’s been a month.

Under UK law, if an employer is of the view that you are not fit to work they are within their rights to refuse to allow you to work if they believe that you could worsen your own injury or potentially be a risk to others health and safety.

If you believe that you are fit to work, you should see your Doctor and ask them to sign you as fit to work if they agree with you.

I was injured 6 years ago outside of the work place and the injury was severe. I was threatened by my boss, not to claim compensation and I felt intimidated by him. He made me sign a piece of paper stating that I would not claim. Is there anything I can do?

The piece of paper you signed is unlikely to stand up to scrutiny and there is a sound argument to make against the employer for pressuring you in to not claiming. However, whether or not you can make a claim will come down to the fact that you were injured so long ago. Unfortunately, the UK personal injury laws require any adult to make a claim within 3 years of their injury or accident. In your case, you cite a 6 year gap between your injury and now. Unfortunately, this means that you are barred from taking action as more than 3 years has passed.

A few months back, I fell off a forklift at my work, because this particular forklift has a glitch. It jumps, therefore I fell when it jumped and I bang my chest against the pallets I was moving. I wasn’t sure what I was suppose to do. I suffered for a couple of months in pain with bruised chest, trouble breathing and what felt like a couple of broken ribs. My employer neither wrote an accident report or offered to send me to the doctor. My wife, who is a nurse, begged me to make my employer send me to the doctor and put me on light duty while I was recovering but I was afraid that I might lose my job. When I told my boss that I was still suffering with pain and injury, he let me know he wasn’t happy about it and kept me on the same duties that were aggravating the injury. I’m really concerned now that the company is putting it’s employees at risk and isn’t following the law, after last week working with a chemical cleaning solution, I asked if it needed to be diluted and they said, No. Later I received chemical burns on my arms that left scarring only to find out that the chemical solution was suppose to be diluted. I did go to my own GP at my wives insisting. Is my employer breaking the law by not writing an accident report and having me see the doctor? And what are my options now?

UK employment law and employer obligations under the Health and Safety at Work Act do not require the employer to send you to a GP or Hospital, but they must not prevent you from seeking medical attention.

You cite two issues regarding injuries at work and in both cases, employer negligence could be attached and you could pursue claims for injury compensation against the employer. It is important to note that employers are obliged to record the details of any injury in the workplace within an accident book or incident report system. Employers face further obligations under UK law to report more serious injuries and incidents to RIDDOR if relevant criteria are met.

If you’d like to call us we would be very happy to help you to understand your rights with regards to making a claim for compensation against your employer. Our article on forklift accident claims may also be of interest.

I was recently injured at work, I’m a delivery driver and on at least two occasions before my accident I have reported these near misses, leaking oil on the back of my vehicle due to careless loading. I’ve asked my manager to speak to the vehicle loaders about being more vigilant during loading. My injuries are back, shoulder and elbow, as a result of slipping on this leaked oil. I have a doctors appointment and will be off work tomorrow as a result of these injuries, could be off for some time as my back doesn’t seem to be easing off pain wise. I can’t survive on ssp, what’s my choices?

If you have previously reported hazards to your health to your employer and these reports have been ignored or the problem remains present, it simply adds strength to your claim for compensation now you have unfortunately suffered personal injury and loss of income as a result of the ongoing negligence towards your health and safety at work.

You describe a scenario that would give me an initial view that you have a strong and valid claim against your employer. Clearly, you have suffered injury and are in pain and perhaps more importantly, you are now out of pocket due to being unable to work temporarily due to the injuries sustained. SSP is a very low income and it is likely that you will not be able to cover the costs of living whilst you receive that income. Whilst it is not an immediate fix, pursuing a claim against your employer with us for your injuries would also enable you to recover your lost income and incurred costs.

I was off sick for 5 weeks due to the shoulder injury while playing sports but now my employer trying to argue with me that I had a lot of absentees is there anything I can say back to or what are my rights?

If your injury was caused in a sporting accident, you are unlikely to have any grounds to make a claim for personal injury compensation as you would have been partaking in an inherently risky activity, with nobody liable to compensate you.

As you have been off work, your employer may have rights to discipline you on grounds of absence. However, you need advice under employment law rights and not personal injury in this regard.

I burnt my hand at work. I was off for over 5 weeks. Apparently that was my fault but nobody even informed me if that was incident or accident, paperwork has been done while I was off and I just filled short statement what have happened. Also because of the Bradford index I am due for disciplinary meeting for being off sick.

Can I claim?

You may well be able to pursue a claim against the employer for the burn injury to your hand. You state that it was ‘apparently’ your fault – who told you that and on what basis are they qualified to make that judgement?

It is not acceptable for the employer or a colleague/manager to apportion responsibility for your injury upon you as this needs to be considered in context and include the responsibility your employer had towards your safety at work. In a short conversation with you, we would be able to identify whether your employer has failed in their duty towards your health and safety – such as a lack of training, incorrect equipment or a lack of protective equipment etc. If we can identify a failure on your employers part, it would be reasonable to pursue a claim against the employer for the burn injury and any associated loss of income or incurred costs.

I have hurt my shoulders due to the work i do, it has been going on for nearly 2 years now, i have taken holiday to attend my physio, although my manager has been made aware that it is my job role that is causing my pain, he has made no effort to change my daily routine, and i am still expected to do the job that they know is causing the problem. I am now on the verge of leaving because no one seems prepared to help my situation. I just wondered is there anything they should be doing? Can i claim my holiday back? Do i have a claim against them? Thankyou

Any person who suffers an injury as a result of the work that they are employed to do may have a valid claim if they can attribute their injury to employer negligence.

In your case, we would need to identify possible negligence against the employer before we could be certain whether you had a valid claim. It would appear that you have a job that requires physicality and movement. If this is the case, we would be interested to know what training your employer has provided regarding lifting and moving of items, working with the arm above shoulder height and what equipment and tools you are provided with (or not provided with).

Your situation certainly warrants further investigation as you could well have a claim to recover your used holiday allowance, compensation for the pain and discomfort, appropriate rehabilitation therapies and other costs.

Had accident at work, been left with headaches, doctors said I’ve nerve damage, been off work 6 months, in full pay, still undergoing and waiting for treatment. Work mentioned shorter hours, but I’ve to use my holiday leave to cover rest of hours, and they are considering terminating my contract. I’ve been there 25years. I’m still under the doctor they want me back to work on Monday, should i go back? What advice can you give me?

Our advice is to always follow the advice of your GP or Doctor, rather than do as your employer demands. Your GP/Doctor will always have your best interests at heart whereas your employer probably won’t!

With regards to your accident at work, we may be able to assist you in making a claim for personal injury compensation and would like to discuss this with you to find out what happened and how in order that we could advise you as to whether or not you meet the criteria to pursue a claim.

Do I have a right to claim sick pay from my prime employer if an injury in a second job has prevented me from working in either role. I only qualify for Company sick pay from my prime employer?

The only way you can claim loss of income from your primary employer in this case would be by succeeding with a claim against the secondary employer for the injury caused whilst working for them.

When a claim for personal injury compensation is made, the claimant is able to claim compensation for the injury sustained, with the value being reached on the basis of severity of injury, recovery period or long term impact of the injury, as well as also recovering loss of income or incurred costs.

We would be happy to assist you and discuss your accident at work and the injury caused with a view to advising as to whether or not you have a valid claim.

Hi Ian, I’ve had an accident at work in April 2019 and am still on sick awaiting an MRI scan for lower abdominal injury.
My job entails stacking shotblasted and painted steel for production and delivery to customers. My main piece of equipment is an overhead magnetic crane for stacking large section steel beams as I work directly in a crush zone hence the crane. In April it broke down and we were told we had to stack it manually by hand with the aid of a crane with chains and lifting clamps which put us on the floor in the crush zone. Needless to say this was very dangerous or could be and you had to keep your wits about you as steel is constantly pushed into the crush zone. To try and stay safe we kept above the area by walking on tressles to avoid being trapped and keep production going.
One of my coworkers fell off the tressles banged his face and injured himself, 2 weeks later I stepped up onto the tressles and felt something punch me in the lower abdomen hence I’m awaiting MRI scan to determine the injury, 2 weeks later another coworker strained his groin doing the same thing as me but didn’t report it as he’s worried for his job and has a young family. At no point at anytime was a risk assessment or safe working procedure, or tool box talk given to any of us to ensure our safety or wellbeing in the workplace. Furthermore the management colluded with my supervisor to keep it out the accident book even though they both have iosh and nebosh qualifications and have the conversations on my phone in black and white!! Could you tell me in your opinion if they are in the wrong and would I be correct in pursuing a claim for damages. I’m currently funding my living expenses myself as I only get SSP.

Your description of the events at work indicate to me that you would be within your rights to pursue a claim against the employer for the injuries sustained and the costs you’ve incurred (loss of income and spending of savings etc).

This is a matter that warrants going before our specialist Solicitors and I would like to assist with that. Please use the ‘start a claim’ page of our website to make further contact so that we can get the necessary information and have our specialists discuss this with you.

My son got injured at work. A 6mm, 113 kg, steel plate fell on him. He was NOT sent to the doctor to see that everything is ok. The following day I had to take him to the hospital with all the IOD forms. The doctor booked him of for the weekend and gave him very mild painkillers. Monday when he went back to work he could hardly move and went to the manager and said that he will go to hospital, due to him not feeling well, he was very pale. When they booked him off till Wednesday next week, the manger said to him that he had to evaluate his position at the company. What rights does my son have. Can they tell him to go?

Under UK employment law and personal injury law, an employee cannot be dismissed for taking some time off work to recover from illness or injury. Of course, if an employee is unwell or unfit for an extended period and unable to return to work, there will come a point where an employer can legally terminate the employment on grounds of ill health. In your Sons case though, that should not be relevant. It would appear that the Doctor is simply saying that he requires a period of time to recover from the injuries sustained and he should be able to return to work in due course.

Hi, so three weeks ago I cut my fingers at work, ended up calling an ambulance as we were struggling to stop the blood flow. I went straight to and A and E to check if there were any chards of crockery left in my finger (nothing). Had my fingers bandaged up for 5 days. However 3 weeks down the line, I have no feeling in certain parts of my fingers and struggle to hold things with those fingers as well. My injury was from a machine, however when I was getting first aid I did say a numerous amount of times that it was my fault and I was silly trying to fix the issue myself. But now looking back on the accident the machinery was at fault.
My queries are: because I said it was my fault will this affect a claim for my injuries?
Am I entitled to paid time off work to get medical attention if required?

I’m planning on getting a doctors appointment as soon as possible.

Hope you can help.

You should disregard what you may have said verbally at the time of receiving 1st aid as you would have been in a state of distress and shock. If you genuinely feel that the machine was at fault and that the employer ought to have provided better equipment, training or maintenance of the machinery you can pursue a claim for compensation. Injuries to the fingers from serious lacerations can cause permanent or severe ongoing symptoms that impact on dexterity, feeling and grip strength. If you were to succeed with a claim for compensation, the settlement amount will reflect the long term consequences of the injuries you have sustained. Our article on finger injury claims has more details about this.

Your employer is not obliged to pay you sick pay for time away from work – even if the time away from work was caused by a workplace accident. However, you can recover your lost income by way of claiming compensation for the injuries sustained.

Hi, I cut my leg whilst using a hedge cutter. I was only wearing work supplied thin trousers. I haven’t had a day off in 4 years and they made me use a days holiday for the single day I had off to help the wound heal. Spent about 6 hours in hospital awaiting sterilisation and butterfly stitches. Not happy about the way I have been treated and would like to make a claim.

If an employer is expecting you to use potentially dangerous equipment, such as a hedge trimmer, the employer has an obligation to ensure that you are adequately trained to use the machine and that appropriate Personal Protective Equipment (PPE) is provided or required.

You describe a scenario that would appear to indicate that your employer has failed in this obligation and as such, you should seek to make a claim against them with us.

On 13/11/18 I had an epileptic seizure at work. I had been requesting and been supported by two occupational therapists for having my rescue medication to stop seizures on site ( an SEN school) it was 18 months of risk assessments and requesting. The care plan was in place which include rescue medication. However it was still a dismissal if I brought it on site due to risk assessment.
I had a seizure grandmal and due to not having medication was unable to use the rescue medication prescribed and on care plan. Paramedics were called and I went into status as they could not stop seizures for over half an hour.
I have not been back to work as I am having between 4 and 8 absences a day, suffer memory difficulties and need full care due to difficulties left from the status episode. I am entitled to 6 months full pay and 6 months half pay. The recovery is going to be long and slow and most possibly never be able to teach again. I obviously have money loss from this and effectively will lose being able to teach for the next 14 years, a job I love. My family and life has altered to needing care and ongoing tests. My life as an independent, full time teacher with good health, although disability of epilepsy which I advocate as no reason to not work – to a person unable to work, earn money and stay on my own and keep safe ( words written in sick note and specialist). My union are supportive, but I feel I would like to know my legal rights, as my daily life and that of my family has changed so much. What are my legal options?

We sympathise with your situation and can appreciate just how much this recent incident has impacted on your life. Unfortunately, it is likely to be very difficult (under UK personal injury law) to hold your employer liable in this as they clearly had risk assessed your need for medication and had to take the view that it was unsafe to keep it within a school setting.

Hi, I had a accident back in December resulting in me twisting my knee. While I was off I was also diagnosed with a suspected groin hernia. I returned to work 1st March on light duties as I’m waiting to see consultant for their plan of action. My employer is saying that if there is no light duties for me some days then you will be on sick leave without pay. I also had to have a cyst removed from my back which I was advised may have been a result of my accident, I have had cyst for 20 yrs but no problem until after accident. I have worked for this company since 1996. Can you please advise where I stand on this matter?

Your employer is within their rights to place you on Statutory Sick Pay (SSP) if your contract of employment does not stipulate an entitlement to usual salary whilst off work due to injury or illness – even if the injury or illness was caused in an accident at work.

With this in mind, your only route to recovering lost income is by pursuing a claim for compensation. If you were to succeed with a claim in this situation, you would be entitled to a settlement for the knee injury and any other associated injuries and also full recovery of lost income or incurred costs.

To succeed with a personal injury claim after an accident, we’ll need to be establish that that negligence can be attached to another party.