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

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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:

  1. Employer Negligence: Your employer must be at fault for failing in their duty of care (e.g., not providing proper safety equipment or training).
  2. 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.
  3. 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:

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...

Can I be fired after a injury that happen to me at work?

Ian Morris

You cannot be dismissed for having an accident at work, but if you are badly injured and left unable to work for a long while, your employer could terminate your employment on ill health grounds eventually.

Reply

Hi I’m trying to find out if my brother can make a claim, he’s been working as a cleaner for a good few years and when he started all he done was clean show houses but his boss started giving him different jobs which I’m sure he never had any training for. As in cleaning 5 storey building windows with a 100ft pole and using harmful chemicals. He worked 6 to 7 days a week from 6am till late, now he’s suffering with chronic back ache which he’s had 2 ops on, but he still went to work because he didn’t want to let anyone down, but now he can’t work, or even walk properly an he needs another operation on his back, but he’s been told if he has it there a 70% chance he won’t be able to walk after it. His boss won’t pay him his due sick pay and has sacked him leaving him in trouble with his mortgage and feeding his family.

Ian Morris

Your brother can make a claim of course, but to succeed he’ll need to be able to provide evidence that will enable them to hold the employer liable.

In this case, it would be relevant to know if your brother has ever complained to his employer about the lack of training and heavy workload? What has been put on record with the employer regarding injuries or pain etc.

Reply

If my employer told me that he didn’t think I hurt my back at work did he have legal right to say that?

Ian Morris

The employer is entitled to their opinion, but the value of their opinion is minimal unless they can support it with evidence. If you believe that your back injury was caused at work, it is important that you put the evidence in place to support such a view. As such, make sure an accident report is completed and if you have not been issued with the right training or equipment to enable you to work safely, complain to the employer in writing and seek medical attention from your GP.

Reply

Hi, I was involved in a accident at work where a hydraulic locker on a truck slammed shut on my ring finger and completely amputated the tip of the ring finger and broke the tip of my little finger. My boss pressed me into a private settlement of £3000 which I signed a waiver for, and he stated I wouldn’t receive anything if I was to claim privately for the accident and of course loss of wages and the business would be closed. I wasn’t trained properly for the job I had only been working there 5 months, been left alone in the business when the accident occurred, and it wasn’t reported nor recorded in the accident book. I work in commercial vehicle paint and of course the job can be dangerous, but I feel I was pressured into signing the waiver and the fact I’d loose my job as would everyone else working in the business, would I still be able to put a claim in a year on? Thanks

Ian Morris

If you have signed a settlement agreement as a full and final settlement, it is unlikely that an insurer will accept a further claim.

Reply

Two days ago on the 2 April 2019 I slipped my hand when I was tightening a drill chuck and it hit a drill and broke it and cutting my left hand palm. I feel my employer is trying by all means for me to be at work and do light duties, yet the doctor booked me off. What do I do in this situation?

Ian Morris

If your employer has light duties available for you that will not cause any risk to your hand injury, there is no harm in attending work and at least you will still receive your usual income.

Attending work on light duties after an accident at work would not prevent you from being able to make a claim, but it does stop you having the added stress of coping with a loss of income caused by an enforced absence whilst you recover.

Reply

A friend of mine who has ADH and was actually on the sick at the time, did some work for somebody yesterday and cut his little finger off on a band saw. No training, no supervision, and the guy who he was working for told him he is not insured so he could not claim. Any advice?

Ian Morris

Given the lack of insurance cover, claiming compensation could be problematic. Further, working on a casual basis for someone makes the process difficult as the evidence needed to support a claim may be harder to secure.

Your friend may be able to claim directly against the person responsible – if they have sufficient financial wherewithal to face a claim against them.

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I have been working for my current employers for just over six years. Three years ago I started suffering with plantar fasciitis, the floor I stand on for 40 hours a week is concrete covered with very thin carpet tiles, I am in constant pain and it has affected my every day life, I have put on a lot of weight due to the fact that I do not want walk anywhere because of he pain, I have had cortisone injections in my feet and shockwave therapy which have not worked. Are my employers liable?

Ian Morris

The immediate issues that I can see are proving a causal link between the plantar fasciitis and your employer/work and most importantly the claim limitation period.

The main issue here is that any claim MUST be made within 3 years of the date where you became or ought to have become aware of the symptoms.

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Hi, I work in the removals industry as a driver. I have had manual handling training and that is not the problem!
In 2017, I suffered an injury to my lower back whilst driving. I was wearing a seatbelt, which held me down, but the suspension of the vehicle is very bouncy, together with a suspension seat. I was thrown up and jarred my back, suffering a bulging disc, and I was off work on ssp for 5 1/2 months, which was a struggle.
My employer is and always has been aware that the vehicle can cause injury – other drivers have complained about the bumpy ride and the fact that drivers’ seat is like an ejector seat!
Last friday, 29-3-2019, it happened again. I had made a claim for a disability benefit under the advice of the C.A.B, with yearly reviews, and was notified from the previous injury I had lost 15% of faculty to my lower back and right leg.
Am I within my right to make a claim against my employer?

Ian Morris

You do have a right to make a claim against your employer if you believe that your injury was caused as a result of their negligence or their failure to minimise the risk of injury in the workplace.

The issue you may face is proving that the vehicle is dangerous and that the employer should have taken steps to prevent such an incident causing injury to you.

Reply

I was at work i lifted a drain cover at a customer’s site. It was a one person lift, however the cover was about to drop into the drain so i lifted and twisted quickly to stop it falling. I hurt my back doctor signed me off for two weeks only getting ssp. Told my colleague did not mention it to work or report it, didn’t think it was too bad at first. Until over the following few days it got worse. I have just left the company now only with them for 5 months. I did have manual handling training, have i got a claim?

Ian Morris

The fact that your former employer did provide manual handling training could be a red-herring in this incident. Whilst the training is an important issue and the provision of it is mandatory, it is also important that employers then provide a working environment that enables an employee to follow such training and work safely.

In this case, you mention that the drain cover lift at this site was a one person lift. If that is the case and the employer had properly risk assessed it as such, it is very unlikely that you would have a valid claim as the employer would argue that the cause of the injury was your own mistake in almost dropping the cover (assuming that there was no mechanical/tool fault). However, if the employer should have provided 2 staff members, additional equipment or didn’t risk assess the job, you could have a claim.

Reply

Hi I was injured at work. I work in a cardboard packaging firm. We have to load the board manually into the machine and load the board from pallets. When the pallet is empty, the next one is placed on. On this particular day I bent down to pick the bottom board up when the fork lift driver all of sudden drove the next pallet into me causing my right side to get trapped under the loading shelf. I was lucky not to have broken my leg! There wasn’t a sound of his horn to warn me that they were there – as per procedure.

I finished my shift that day, but took myself the minor injuries unit and they said I had a sprain and severe bruising, but thankfully no break. I was off work for 7 days, with a couple of these days of me using annual leave. I was paid my normal wage as it was an accident at work, but since my accident a new safe system of work has come into place and after investigation the FLT driver was at fault. There was a witnesses to this.

In the last 12 months I have suffered with restricted movement in my left shoulder for which I have had physio for and a scan. I have been told that this is a calcium build up which could be through injury as this was the side I was struck on. Obviously I haven’t had time off work as I don’t get paid if off and would lose my weekly bonus.

I was just after advice as to whether I have a leg to stand on (pardon the pun!), but I am worried about how work would be with if I put a claim in? Since this has happened we have been taken over by a different owner.

Ian Morris

You describe an accident at work scenario that would initially seem to give you a very strong claim for a forklift accident at work. The fact that the employer undertook an investigation and found the forklift driver to be at fault would be likely to give you good prospects of succeeding with your claim. We would be very happy to discuss your rights with you and explain how we can help you make a claim for compensation on a No Win No Fee basis.

You mention your ongoing shoulder pain and restricted movement. Should you opt to pursue a claim, our specialist Solicitors will instruct medical experts to assess your injuries in full and your ongoing symptoms to provide a report as to the damage done in your accident at work. The contents of such a report would enable them to ensure that any compensation settlement you were to receive would be made at the maximum value.

With regards to your concerns about how a claim against your employer would be received, you need to remember that you are legally entitled to pursue a claim should you sustain injury without losing any right to keep your employment. Any claim would be made against the insurance that your employer is legally required to have in place and would not directly impact on the business.

Reply

Hi quick question. I recently split my head open at work on a plate of metal that was half on a machine half off as they were cleaning down. The plate of metal should have been taken off or bolted down. I have been to the Doctors as I keep getting bad headaches now from this, I was just wondering if I have a claim or not against my work place? There will be CCTV evidence and there is also medical evidence – plus the details of my accident are recorded in the work accident book.

Any advice would be of help.

Ian Morris

My initial view is that you should make a claim against the employer for your head injury. It would appear that the metal plate created a hazard by being left half on and half off the machine. As such, it would be feasible to argue that the employer should have risk assessed this and have a prescribed clean down method that ensures that this plate is not left in a dangerous position.

It would seem that there is plenty of supporting evidence in place to assist a Solicitor in pursuing your claim. There is the accident book report which proves that your accident did happen at work and in the way you state it did. There is medical evidence to support the initial injury and the ongoing symptoms that the initial injury is causing. As such, I think you have every prospect of succeeding with a claim for compensation.

Reply

Hi, Three weeks ago I cut my left hand with a hand saw at work. I am one of three employees on a dairy farm. My role includes a house.

I was sawing a length of wood ( I am right handed) holding the wood with my left hand. A piece of the wood broke off and the blade jumped to the left and cut my hand from in between my thumb and index finger to in between my index finger and middle finger. I called the other two employees asking to take me to hospital. A visiting Vet dressed the wound. One of them phoned my boss and he said not to do anything he was coming.

He drove me to the hospital but on the way said “This how it’s going to go! This did not happen at work! You were at home and you had an accident there. I am your concerned neighbour and that is it!” He said nothing is going in the accident book.

I had to attend A&E but they said I had to see a specialist. I had to have an operation the next morning to rejoin a severed tendon for my left index finger. I also cut into the cartilage of the index finger knuckle. The recovery process is 8-12 weeks.

When I got back my boss said “If that is not 100% in a few months pack your bags because you will be out of here!”

Now this is my livelihood and I am married with two young kids. I am not really sure where I stand now. Also it does not look like I am going to get the full use back of my left hand as the scar tissue is healing over my knuckle restricting the movement by quite a bit. (unable to touch index finger to thumb)

Ian Morris

There are a few issues that jump out at me having read your description of your accident at work and how your boss has handled the situation.

Clearly, you have a very manipulative employer who is not acting in a legal manner and clearly not acting correctly with regards to Health and Safety at work and the correct reporting of serious injuries in the workplace.

In the UK, any employee injured at work has a legal right to expect their employer to properly report and record the details of an accident within their accident book. Serious injuries that will include more than 7 days absence from work should be reported to RIDDOR. If your employer has failed to do this, they are skating on thin ice.

Your employer also has a responsibility to ensure that you are adequately trained and that any potentially dangerous jobs are done using adequate safety equipment and tools. In this case, you may well have a claim given the way you were working with the saw and wood. Any person who believes that their injury at work can be attributed to employer negligence has a legal right to make a claim for compensation against the employer without it having any implications on their right to retain their position at work.

However, you are in an unfortunate position in that your job includes the accommodation in which you live and you work directly for the business owner. Whilst he would be acting illegally if he were to terminate your employment and force you out of the property for making a claim, it is reasonable to expect (given your description of what he said to you en-route to Hospital and subsequently) that he would not take kindly to you making a claim for accident at work compensation. Therefore you have to consider your options.

Not making a claim would not upset your employer and you would not face dismissal. However, if your hand injury does not recover well, it appears that your employer will terminate your employment anyway.

Given the severity of your injury and the intensive treatment provided in Hospital, it would seem reasonable to expect you to face long term, if not permanent, implications from the injury and some loss of strength/dexterity with the hand. This will affect your working future and possibly your ability to earn the income you are used to and to provide for your family. By making a claim for compensation, you would be able to ensure that any future loss of income caused by the injury to your hand in the accident at work would be included in any settlement you obtained and therefore remove the worry about your long term future. We’ve an article on hand injury claims which goes into more detail if you’d like to read it.

You do have 3 years to make a claim after an accident at work, so you can see what happens in the coming weeks and months. However, it is important to make sure that your accident is properly recorded so that your rights are protected going forward. To that end, I would strongly recommend that you write the details of your accident and injuries within the accident book or in writing to the employer.

We would be very happy to assist you with a No Win No Fee claim for compensation. Should you wish to discuss this situation with me, please do call me on 01225430285.

Reply

Hi Ian, I worked in a very busy restaurant from 2012 as a waitress but was given the job as serving tea and coffee. We served around 1000 breakfasts on weekends tea and coffee was free and demands were very high within the 6-7 hr shifts and the equivalent of 4 pints of milk in each hand. No breaks also. I ended up with severe tennis and golfers elbow, 3 cortisone injections in tennis part and 2 in golfers also a glucose injection.
No light duties were allocated to me so ended up having elbow release operation which hasn’t been 100% successful. Had a solicitor for 3 yrs and its going to court next December or January and my ex-employer is fighting me all the way.
I had no sick pay for 6 months which i was entitled to as i worked 30hrs a week, but more importantly i am right handed and op was on my left. His solicitor is demanding my work and medical records from when i was 26 and i am 50 in a few weeks.
I have lost a percentage of movement in left elbow and is making me ill with the stress of it all.
Shall i hang in there?

Ian Morris

I assume you have a Solicitor acting for you? If so, I would strongly suggest that you discuss your concerns with them. However, my view is that you should stick with this given the time already spent. The fact that someone is fighting and defending a claim is not a concern.

Reply

Should I exhaust the employees grievance procedure before making a claim?

Ian Morris

It depends what kind of claim you are seeking to make. In a claim for personal injury compensation, there is no need whatsoever to worry about the employers grievance procedures and the way that they handle any grievance that you make. This would be separate to any claim for personal injury compensation and as such, we would recommend that you commence your claim for personal injury compensation at the earliest opportunity.

Reply

I had an accident at work on 29/12/2016 resulting with an operation to my right shoulder on the 06/06/2018. However, it seems likely that either another operation will take place or I may have to suffer the pain for the rest of my life. If for some reason I have to give my job up, albeit with a package from my employer, can I claim loss of future expenses, as I am only 57 and have at least another 10 working years to reach pension age? My employer has admitted liability and we are seeking compensation from their insurers for my injuries but would like to know if they would be liable to make up the difference in lost earnings for the next 10 years of my working life.
Look forward to hearing from you.

Ian Morris

Any person who succeeds with a claim for personal injury compensation is able to obtain a settlement for their injury – the value of which is based on medical expert evidence and whether or not the injury has recovered, will recover, if so when or whether it is permanent. The successful claimant can also recover all associated loss of income and incurred costs. This is called special damages. In your case, if it is shown that you will not recover and are forced to have to abandon your work, you have a right to recover future loss of income and this should be pursued by your specialist Solicitor.

Reply

I had an accident while lifting goods in a retail outlet. This required lengthy absence following investigative and then reconstructive surgery. The injury resulted in me being unable to continue with the same job, and my employer can not accommodate me in a different role, so is pursuing dismissal due to incapability.

As far as I can tell, the accident was only reported internally, and not reported to HSE. There has been minimal investigation and communication with me.

What is the best way to proceed to ensure that I get any compensation that I am entitled to?

Ian Morris

UK Law would entitle you to pursue a claim for compensation as long as you do so within 3-years of the date of your accident.

Reply

I have been off work for 8 weeks with a bad back that I got from lifting something at work I have only work for the company for 5 months can I be dismissed?

Ian Morris

You can’t be dismissed for suffering an injury, but an employer would be within their rights to follow due process and potentially terminate your employment if you are unable to recover and therefore unfit to work.

In your case, you may well be able to seek compensation from the employer for the damage to your back. Any employee who injures their back as a result of lifting at work has a right to make a claim for compensation. If the employer hasn’t provided the correct manual handling training, provided equipment to move items of excessive weight or not correctly risk assessed the work they are asking you to perform, you may succeed with a claim for compensation.

It would be a good idea for you to speak with our expert staff to find out more about your rights after being injured at work. Please call us on 01225430285 for help with your claim.

Reply

I had a car accident at work and my company let me go after I was off sick, they said they would let me go if I made a claim they basically said I was lying but I was told I had a fractured back from the hospital. Is this legal what they have done?

Ian Morris

Under UK law, an employer has no legal right to terminate your employment on the basis that you have made a claim for compensation. Every UK citizen has a legal right to pursue a claim for personal injury compensation if they have been injured in an accident that was not their fault. Of course, if a person attempts to make a claim for personal injury compensation on a fraudulent basis, they are acting illegally and could face serious consequences, including dismissal from work and criminal proceedings.

Reply

My Husband was in an accident where he rolled a tractor loader down a 100ft hill, the tractor failed him as he reported to management that morning that the tyres were not fit for use, any way he was flung out of it and it crushed his leg. He had to have massive reconstruction surgery, some time has passed and he’s now able to hobble on the leg, his solicitor is just waiting on the other party as to whether or not they will admit liability. He has been offered another job but with an automatic tractor and wouldn’t have to use his foot for any heavy work. Will him returning to work affect his claim at all or would you advise him to stay off work until all this is cleared? He’s not been signed off as being fit for work but if he does get signed off by the Doctors this week, he wants to start this job.

Ian Morris

Returning to work in a new role should not have any impact on his claim for injury or loss of income. The only thing returning to work does is stop his loss of income going forward. My view is that starting the new job is a positive thing and not negative. However, before he does return to work he should of course speak with his current Solicitor to get their input as they know the full details of the claim and any counter claim from the defendant and it would be sensible to act on their advice.

Reply

I am currently undergoing physio therapy treatment for a shoulder injury caused during my employment,
Can they ask me to use my holiday entitlement or make my hours up for attending these appointments?

Ian Morris

You should not have to use Holiday allowance to attend medical assessments, however, whether it is a breach of law would need to be discussed with an employment law specialist

Reply
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